minimalist
10-11 09:53 AM
HI Folks
The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
thanks
If you resume the job you were doing before you left, you do not need EAD. If you switch employment, then you have to use EAD.
The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
thanks
If you resume the job you were doing before you left, you do not need EAD. If you switch employment, then you have to use EAD.
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masterfender
04-28 03:19 PM
Received the RFE today. It was asking for my birth certificate copy & translation. My lawyer says this is very common. For me this is stupid, they already got my birth certificate copy and the translation.
singhsa3
12-13 12:55 PM
They do keep record of when you called and what did you call about. I can tell that from personal experience.
In my case , I called them about Name Check and I was told that I called them earlier asking the same question and was asked to check back when 120 days are over.
This was the first time I called up the USCIS help desk (1-800-375-5283) to find about AC21 180 days rule, when she asked what is this for I informed for change of employer.
I would like to know if that statement would be noted and would it create me any problems in future, as of now I don�t have any plans to change employer.
Any suggestions are greatly appreciated.
My Case Details:
PD: EB2- 2006.
I-140 Cleared.
EAD: Received.
FP: Completed
In my case , I called them about Name Check and I was told that I called them earlier asking the same question and was asked to check back when 120 days are over.
This was the first time I called up the USCIS help desk (1-800-375-5283) to find about AC21 180 days rule, when she asked what is this for I informed for change of employer.
I would like to know if that statement would be noted and would it create me any problems in future, as of now I don�t have any plans to change employer.
Any suggestions are greatly appreciated.
My Case Details:
PD: EB2- 2006.
I-140 Cleared.
EAD: Received.
FP: Completed
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txh1b
08-18 09:53 AM
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txh1b
08-18 09:53 AM
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07-05 12:53 PM
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ragool25
08-26 01:36 PM
No one to shed answer for my thread.
Please respond if anyone knows!
Please respond if anyone knows!
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anuh1
05-25 01:19 PM
Accoding to my knowledge You need to wait untill it is approved.
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vts31
10-01 10:26 PM
wacom gives u more for your money. Genius feels really fragile...likes its gonna break easy.
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05-13 04:52 PM
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Mirage_GC
06-23 05:18 PM
I fully respect that retrogression and per country limits are bad for us and the US economy as the first and the foremost of H1B issues.
But, sometimes, some of us aren't able to reach that stage of the Green Card Queue.
Therefore, the H1B displaced workers due to employer malice and corresponding USDL long investigations leaves many without a recourse and bitterly exposed with families to feed and fend:
1. Some three GAO reports, two undercover, one published in NY Times on March 25, 2009 indicates that the WHD fails the complainants giving rise to apprehensions that once an employer creates problems, the H1B's USA plans are doomed, immaterial of how s/he was an integral part of the US economy.
2. To top this, the complainant is cornered as no process exists (regulatory/statutory) to give these stuck H1Bs' an immigration status, and they cannot find new jobs either due to economy or due to employer malice and lost the job in the first place due to retaliation.
3. Finally, when the H1B's complaint comes in the sixth visa year there is just no possibility to seek another H1B when no Green Card process is pending at the Labor Certification or its upper stages leaving a void in the H1Bs most sincere efforts to move on.
Therefore, further, I am requesting you and others at IV to please incorporate some semblance of a support structure once an H1B is reported to have failed due to employer created problems.
I suggest H1B SWAP Act (Skilled Workers Abuse Prevention) that will give at least an EAD and actually a pathway to LPR by having a box on form i485, once an H1B is successfully reported to the USDL to have failed.
I trust this information will be perused and I will be available to given additional input.
Incidentally, I am not alone as you must be aware. Hundreds and even thousands of Indian and other nationalities have had problems, that some are lucky to be able to move on and others get stuck, some even return home totally despaired. None of these individuals and there families are less valuable here.
I am articulating this for the benefit of one and many.
But, sometimes, some of us aren't able to reach that stage of the Green Card Queue.
Therefore, the H1B displaced workers due to employer malice and corresponding USDL long investigations leaves many without a recourse and bitterly exposed with families to feed and fend:
1. Some three GAO reports, two undercover, one published in NY Times on March 25, 2009 indicates that the WHD fails the complainants giving rise to apprehensions that once an employer creates problems, the H1B's USA plans are doomed, immaterial of how s/he was an integral part of the US economy.
2. To top this, the complainant is cornered as no process exists (regulatory/statutory) to give these stuck H1Bs' an immigration status, and they cannot find new jobs either due to economy or due to employer malice and lost the job in the first place due to retaliation.
3. Finally, when the H1B's complaint comes in the sixth visa year there is just no possibility to seek another H1B when no Green Card process is pending at the Labor Certification or its upper stages leaving a void in the H1Bs most sincere efforts to move on.
Therefore, further, I am requesting you and others at IV to please incorporate some semblance of a support structure once an H1B is reported to have failed due to employer created problems.
I suggest H1B SWAP Act (Skilled Workers Abuse Prevention) that will give at least an EAD and actually a pathway to LPR by having a box on form i485, once an H1B is successfully reported to the USDL to have failed.
I trust this information will be perused and I will be available to given additional input.
Incidentally, I am not alone as you must be aware. Hundreds and even thousands of Indian and other nationalities have had problems, that some are lucky to be able to move on and others get stuck, some even return home totally despaired. None of these individuals and there families are less valuable here.
I am articulating this for the benefit of one and many.
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GC_SUCK
03-27 11:12 AM
My lawyer mailed my concurrent case (140/485/AP/EAD) on 03/23/07 thru DHL. I am in TX. I also included my Personal check of $1000 for 140 PP.
1) When should I hear something about my case from USCIS?
2) which service center will be processing my case?
3) Will I hear about something directly from USCIS or its only the lawyer who will me main contact?
Will appreciate your comments.
Thanks
1) When should I hear something about my case from USCIS?
2) which service center will be processing my case?
3) Will I hear about something directly from USCIS or its only the lawyer who will me main contact?
Will appreciate your comments.
Thanks
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gcgc2005
12-17 10:37 PM
Hello Everyone! Please advise me on the following agreement.
I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.
"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")
Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.
In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.
Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.
Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"
I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.
"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")
Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.
In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.
Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.
Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"
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Almond
07-17 08:56 PM
If I'am not mistaken I feel even the Lawyer gets the fp notice check with your lawyer.
Yes, you are perfectly right.
Sodh, call your lawyer! If they sent you one, he got one as well. or she:D
Yes, you are perfectly right.
Sodh, call your lawyer! If they sent you one, he got one as well. or she:D
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kevnss
04-02 02:35 PM
Thanks for the useful information.
Recently I came back from India based AP but they stamped Mar 23 2009 on my I-94 as expired date since my AP will expire during that time. So would I need to file H1 extension to get new I-94.
Recently I came back from India based AP but they stamped Mar 23 2009 on my I-94 as expired date since my AP will expire during that time. So would I need to file H1 extension to get new I-94.
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md2003
10-24 10:39 AM
I am planning to file Labor in EB2. My Attorney sent job requirement which needs Master's + 1 year experience. But my current salary is almost 20k less than prevailing wage (level 4) for senior software engineer. But currently my salary equivalent to wage level 2.
I think i may get query at i140 , But Lawyer suggested Employer would need to be able to demonstrate their ability to pay the difference between actual salary and the prevailing wage at the time of the I-140 filing .
I am unable to get clear picture on wage levels. If i mention Level 2 , will this qualify for EB2?
Any suggestions on this.
Thx
I think i may get query at i140 , But Lawyer suggested Employer would need to be able to demonstrate their ability to pay the difference between actual salary and the prevailing wage at the time of the I-140 filing .
I am unable to get clear picture on wage levels. If i mention Level 2 , will this qualify for EB2?
Any suggestions on this.
Thx
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gparr
May 19th, 2004, 01:19 PM
Sorry, doesn't do much for me. Can you get the monitor with a game onscreen to reflect on the joystick in some way?
I thought toys would be an easy one, but everything I've thought of seems so obvious and cliched. I think you have the right idea, just don't think this one is it.
Gary
I thought toys would be an easy one, but everything I've thought of seems so obvious and cliched. I think you have the right idea, just don't think this one is it.
Gary
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aries
11-30 10:03 AM
Hi All,
My application reached california service center on nov14 th for H1B extension. I am still waiting for the receipt notices. How long long does it take. Anyone in a similar boat.
Thanks for the response.
My application reached california service center on nov14 th for H1B extension. I am still waiting for the receipt notices. How long long does it take. Anyone in a similar boat.
Thanks for the response.
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golgappa
11-17 04:59 PM
talk to some lawyers, or research internet, there are some number of days, after your visa expiry or H1B rejection that you need to pack and leave...find out if that applies to your case..
also when you got approval was it having new I-94 attached to it..or was it approved for consular processing..
also when you got approval was it having new I-94 attached to it..or was it approved for consular processing..
roseball
07-27 12:01 AM
hey guys,
i send in my i-140/i485 along with those for my wife. as luck will have it, I forgot to include her sealed i-693. i am planning to send it tomorrow with a cover letter. is that okay? is there anything else I can do?
I will appreciate any help.
thanks
ashish
Only send it after you get a receipt notice....Else, I am sure it will get lost....USCIS has said in its latest FAQs that it will not reject the 485 packet if it doesnt inlcude the medicals....So wait till you get a receipt notice and send it with a copy of the receipt...
i send in my i-140/i485 along with those for my wife. as luck will have it, I forgot to include her sealed i-693. i am planning to send it tomorrow with a cover letter. is that okay? is there anything else I can do?
I will appreciate any help.
thanks
ashish
Only send it after you get a receipt notice....Else, I am sure it will get lost....USCIS has said in its latest FAQs that it will not reject the 485 packet if it doesnt inlcude the medicals....So wait till you get a receipt notice and send it with a copy of the receipt...
djmaddy
07-30 03:57 AM
my fave of the orange contest. good luck.
Thanks a lot mrE, glad you liked it!
Thanks a lot mrE, glad you liked it!
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