Lasantha
06-15 12:59 AM
Gurus,
My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?
As always, appreciate all your help :)
As far as I know, you don't need anything from your employer to file EAD and AP. You do need a letter from them to file your I-485 but not for EAD and AP. So after they file your I-485 and get your file number you should be able to file it yourself.
My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?
As always, appreciate all your help :)
As far as I know, you don't need anything from your employer to file EAD and AP. You do need a letter from them to file your I-485 but not for EAD and AP. So after they file your I-485 and get your file number you should be able to file it yourself.
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raysaikat
03-17 03:53 PM
Need help- EB1 EA 140/485 petitions denied - how to maintain legal status
I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
Here is my petition break down
1-140 filed-May 2009
!-485 filed June 2009
EAD/AP Oct/Nov 2009
RFE on 140 -Feb 9 2010
Responded to RFE - Mar 11 2010
Denial posted on Mar 15.
Would filing the I-130 affect the refiling of I-140?
Appreciate inputs provided
See my reply above. To add to it, if your position is really a "faculty" position, then University will take care of your GC petition. However, if it is really a glorified title for a postdoc position, then they likely will not. In that case, you need to look for a new job.
I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
Here is my petition break down
1-140 filed-May 2009
!-485 filed June 2009
EAD/AP Oct/Nov 2009
RFE on 140 -Feb 9 2010
Responded to RFE - Mar 11 2010
Denial posted on Mar 15.
Would filing the I-130 affect the refiling of I-140?
Appreciate inputs provided
See my reply above. To add to it, if your position is really a "faculty" position, then University will take care of your GC petition. However, if it is really a glorified title for a postdoc position, then they likely will not. In that case, you need to look for a new job.
thomachan72
08-14 03:08 PM
I worked for my employer at this vendor. At the time, my employer agreed on paper to give me a specified amount but only after the vendor pays. Vendor has been giving him troubles as regards my pay, so my employer made me wait frustratingly for months to give me pay. Just recently only after much trouble he released part of the amount. But now he learnt that he might have to go to court about the vendor. As a result, now he is denying me MY remaining pay!! I already waited for 4 months now, and can NOT take this strain anymore. My friends advised me to take this issue to Court or DOL. But my employer threatens that I will have no case.
Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
Also kindly let me know how can I proceed if I want to file a DOL complaint? cant you find a new employer? once you do that, immediately transfer your H1 and also meanwhile file a case against this current employer.
Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
Also kindly let me know how can I proceed if I want to file a DOL complaint? cant you find a new employer? once you do that, immediately transfer your H1 and also meanwhile file a case against this current employer.
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krishna_brc
07-11 05:47 PM
Thanks a lot for your valuable input.
But I beleive all the input you mentioned, would be applicable for all kind of employer (Bigger or smaller) and get the RFE for ability to pay. I would like to know if you join the real small emplyer (about 35 employee) would it necessarly cause any other postential issue and/or must be a chance of getting the RFE as joining the such a small employer?
Please let me know.
Thanks for all your input in advance.
I believe as long as you are getting paid a salary which is greater or equal to what was mentioned in Labor/140 you should be fine.
There will not be question of Ability to Pay as you will getting paid at the time of RFE and size of the company doesn't matter.
But I beleive all the input you mentioned, would be applicable for all kind of employer (Bigger or smaller) and get the RFE for ability to pay. I would like to know if you join the real small emplyer (about 35 employee) would it necessarly cause any other postential issue and/or must be a chance of getting the RFE as joining the such a small employer?
Please let me know.
Thanks for all your input in advance.
I believe as long as you are getting paid a salary which is greater or equal to what was mentioned in Labor/140 you should be fine.
There will not be question of Ability to Pay as you will getting paid at the time of RFE and size of the company doesn't matter.
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sledge_hammer
02-20 06:06 PM
1) What is her current status H1B or H4?
A) H1
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
A) It is her employer's responsibility to cancel her H-1B if he did not pay her and offer the job she was promised. In my opinion, she is already out of status.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
A) She will have to re-apply for H4 and re-enter the country.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
A) Contact an attorney.
Members,
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
~cheers
A) H1
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
A) It is her employer's responsibility to cancel her H-1B if he did not pay her and offer the job she was promised. In my opinion, she is already out of status.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
A) She will have to re-apply for H4 and re-enter the country.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
A) Contact an attorney.
Members,
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
~cheers
CantLeaveAmerica
04-16 02:08 PM
Trust me. That's a move you will surely enjoy....I moved in the opposite direction.......Houston to Allentown
Houston is the best. Lovely weather, Really "BIG" city so you can get or do whatever you want. The metro system is not the best but if you only need it to commute to work(downtown) then no problem. By the way they don't give a crap about driver's licenses in houston, too many applications. They'll give you 6yrs easily on ur license.
Yep, dont worry about DL in texas, I renewed my TX license over the internet for 6 years, till 2013:)
Houston is the best. Lovely weather, Really "BIG" city so you can get or do whatever you want. The metro system is not the best but if you only need it to commute to work(downtown) then no problem. By the way they don't give a crap about driver's licenses in houston, too many applications. They'll give you 6yrs easily on ur license.
Yep, dont worry about DL in texas, I renewed my TX license over the internet for 6 years, till 2013:)
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seahawks
09-11 01:01 AM
We have more members join WA State chapter, welcome aboard. We need more. Calling all of WA/OR to join our local WA state chapter. Do you want to make a difference? This is your chance!
Please follow link below.
Please follow link below.
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raysaikat
05-30 01:22 PM
Hi,
I am on OPT till August 2009.
However my F1 visa expires May 30 2009.
Also I do not have a job at present.
Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?
Worried,
P
The visa stamp on your passport does not determine your status once you are inside USA. Visa stamp on the passport is used just for entering the US. It is like a movie ticket. You will need the visa stamp on the passport only if you go out and need to come back again. The expiry date on the visa stamp simply means you cannot use that stamp to enter US after that date.
Once you are inside US, usually it is I-94 that determines how long you can stay. In the case of F1, usually I-94 says D/S, which means "Duration of Status" --- i.e., as long as your F1 status holds according to I-20, you are good. OPT is a part of F1. So as long as you do not stay beyond the date of OPT expiration, you are good.
I am on OPT till August 2009.
However my F1 visa expires May 30 2009.
Also I do not have a job at present.
Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?
Worried,
P
The visa stamp on your passport does not determine your status once you are inside USA. Visa stamp on the passport is used just for entering the US. It is like a movie ticket. You will need the visa stamp on the passport only if you go out and need to come back again. The expiry date on the visa stamp simply means you cannot use that stamp to enter US after that date.
Once you are inside US, usually it is I-94 that determines how long you can stay. In the case of F1, usually I-94 says D/S, which means "Duration of Status" --- i.e., as long as your F1 status holds according to I-20, you are good. OPT is a part of F1. So as long as you do not stay beyond the date of OPT expiration, you are good.
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JunRN
11-05 08:57 PM
Yes, you can attach your spouse even after approval IF the PD is current. If there's retrogression, and PD is not current, you cannot do that.
However, for "follow-to-join", PD needs not be current. That's what I know. Please correct if wrong. And "follow-to-join" is via Consular Processing, so needs to go back home.
However, for "follow-to-join", PD needs not be current. That's what I know. Please correct if wrong. And "follow-to-join" is via Consular Processing, so needs to go back home.
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guy03062
10-28 02:30 PM
AP renewal application Mailed: 10/06/08
Reached @ USCIS: 10/08/08
Check cashed: 10/23/08
AP Receipt notice received: 10/27/08
Reached @ USCIS: 10/08/08
Check cashed: 10/23/08
AP Receipt notice received: 10/27/08
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ivorycard
10-18 01:25 AM
Do you mean the first two digits of these two job codes:
13-2011.02 and 13-2011.01
So as per this law form, since they both start with a 13 we are good?
-R
Yes. That’s correct. You may switch job titles to any category starting from main category 13.
For peace of mind; my best advice to you is to reconfirm with an immigration Attorney. (You may try to post this question on any free chat sessions offered by leading immigration law firm/s).
Good Luck.
13-2011.02 and 13-2011.01
So as per this law form, since they both start with a 13 we are good?
-R
Yes. That’s correct. You may switch job titles to any category starting from main category 13.
For peace of mind; my best advice to you is to reconfirm with an immigration Attorney. (You may try to post this question on any free chat sessions offered by leading immigration law firm/s).
Good Luck.
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bbenhill
07-10 05:12 PM
You can not .. you will need to wait until EB-2 PD cut off is Jan 2004. family based is different kind of fruit (I don't want to call it animal) :-)
the family based 2 nd group PD cut off is 15 jan 2005
EB-2 PD cut off is 01 oct 2003
say my if my PD is jan 2004 and I have filed for my I-485 (EB-2) during july 07 window (couldnt add my wife since was not married at that time). Can I now file for the I-485 or AOS for my wife now.
cheers
the family based 2 nd group PD cut off is 15 jan 2005
EB-2 PD cut off is 01 oct 2003
say my if my PD is jan 2004 and I have filed for my I-485 (EB-2) during july 07 window (couldnt add my wife since was not married at that time). Can I now file for the I-485 or AOS for my wife now.
cheers
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crystal
08-02 01:06 PM
if you want to get something from India. I think DHL is ok so far for me. But make sure that you are shipping it from the DHL main center .Never ever do it from normal (shop)braches as they would take their own sweet time to deliver them to main center.
I was wanted to know what is the best way to get something from India, please share if you had any experience.
thanks
I was wanted to know what is the best way to get something from India, please share if you had any experience.
thanks
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diptam
08-10 11:59 AM
My check has a temp address of NJ - After that my address changed 3 times ... I didn't even mention that address in G325 because i stayed there for 30 days temporarily ....
Am i screwed ? This thing is going beyond Limit now... They are NOT leaving any option other than settling to other countries like CANADA or Europe...
I got the info from my friends attorney.
i want to verify it with my attorney but he is not lifiting phone. he is too busy
Am i screwed ? This thing is going beyond Limit now... They are NOT leaving any option other than settling to other countries like CANADA or Europe...
I got the info from my friends attorney.
i want to verify it with my attorney but he is not lifiting phone. he is too busy
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Lasantha
02-18 12:25 PM
First of all I am sorry to hear this.
I am not sure how interfiling work but did you receive a confirmation that it was accepted? And how long after the interfiling request was the 485 was denied?
The only reason that I can think of for 485 denial is the denial of the underlying 140. It's possible that they did not honor your interfiling request. do you have any proof or confirmation that they received it?
I am just throwing these ideas, wait for the denial notice to see what the reason was and discuss with your lawyer.
Hi all,
I started working with a company in July 2006 and applied for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received Intent to deny notice as there is no evidence that company can pay my in 2005. My attorney has replied for Intent to Deny notice and also applied for new I -140 using my own labor.
New I-140 got approved. I send a request for Interfiling to take out old I-140 from my 485 and use the approved I-140. when I checked the status of my case yesterday - both my old I-40 and 485 got denied. I didn't receive Denial notice yet.
Please suggest my any options I have for not losing I-485 and EAD.
I am not sure how interfiling work but did you receive a confirmation that it was accepted? And how long after the interfiling request was the 485 was denied?
The only reason that I can think of for 485 denial is the denial of the underlying 140. It's possible that they did not honor your interfiling request. do you have any proof or confirmation that they received it?
I am just throwing these ideas, wait for the denial notice to see what the reason was and discuss with your lawyer.
Hi all,
I started working with a company in July 2006 and applied for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received Intent to deny notice as there is no evidence that company can pay my in 2005. My attorney has replied for Intent to Deny notice and also applied for new I -140 using my own labor.
New I-140 got approved. I send a request for Interfiling to take out old I-140 from my 485 and use the approved I-140. when I checked the status of my case yesterday - both my old I-40 and 485 got denied. I didn't receive Denial notice yet.
Please suggest my any options I have for not losing I-485 and EAD.
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headhunter
09-27 10:18 PM
Guys-
If someone is asking advice , give it to him professionally. I know, including myself, everyone is frustrated. Quite honestly, most people forget that GC is for the benefit of the company not your benefit. Your benefit just comes along. They have this whole fuckin system because they need people from outside. Not because they love you. It is company that controls GC until you get it. So it is HIS company that is using the tricks of the trade. They can claim that they had lost profit since they did not have a permanent employee for long. All these jumping the queues and rules were framed for the benefit of the company. Not aliens, as they call us.
"If too many indians are ready to work hard by waiting for 10 yrs for their benefit, yeah why not, screw , I am not giving it to you." -- A mind of a Republican congressman
If someone is asking advice , give it to him professionally. I know, including myself, everyone is frustrated. Quite honestly, most people forget that GC is for the benefit of the company not your benefit. Your benefit just comes along. They have this whole fuckin system because they need people from outside. Not because they love you. It is company that controls GC until you get it. So it is HIS company that is using the tricks of the trade. They can claim that they had lost profit since they did not have a permanent employee for long. All these jumping the queues and rules were framed for the benefit of the company. Not aliens, as they call us.
"If too many indians are ready to work hard by waiting for 10 yrs for their benefit, yeah why not, screw , I am not giving it to you." -- A mind of a Republican congressman
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GCStatus
09-04 12:30 AM
Like any new documents which we dont have now?
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coralfl
04-17 03:10 PM
My suggestion would be get 3yrs extension and then find a new job, new employer, start from the scratch. What I could gather reading your email that the contract suggests that " that upon I become a permanent resident..." (2nd sentence in your mail). My understanding reading your email as you have written that the contract will not be in force untill you get the GC.
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chanduv23
09-22 10:00 AM
Small companies will do this. If it is a big company with HR and payroll departments not being micro managed by the employer - then you won't face these problems.
inskrish
07-17 02:07 AM
Your post resembles one of those ads with deceptive fine print! Do you work for an advertising company by any chance?
People providing all the red dot's........don't be so uptight or high strung. Don't you see the GCK's hidden talent!!!!!!!!!!!!!!!!!:)
GCKabhayega posted seven messges, and got eight 'red dots'. This is certainly a new record in the history of IV.:confused:
People providing all the red dot's........don't be so uptight or high strung. Don't you see the GCK's hidden talent!!!!!!!!!!!!!!!!!:)
GCKabhayega posted seven messges, and got eight 'red dots'. This is certainly a new record in the history of IV.:confused:
caond
05-07 05:41 AM
I am holding J-1 student visa (academic training) from 8/2007 and will be expired on 7/31/2010, sponsor by U of Colorado. I am working as a postdoc for a project funded by NIH until 2013 at VCU. My advisor want to change my visa category from J-1 student to J-1 scholar, sponsor by VCU, to continue the project.
According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:
[Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.
22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]
But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
[(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
22 C.F.R. � 62.20(d)(2)(i) ]
Who is right? What should I do? :confused:
I appreciate any help !!!
According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:
[Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.
22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]
But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
[(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
22 C.F.R. � 62.20(d)(2)(i) ]
Who is right? What should I do? :confused:
I appreciate any help !!!
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