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jsrigiri

11-20 11:39 AM

I am currently working for a company at Chicago,IL on OPT (Optional Practical Training) period which is of one year. I have graduated as Electical Engineer from NJIT,NJ this year and is authorized to work during the OPT. Unfortunately the OPT is ending on 11th February, 2007.

I applied for H1B through the same company at Chicago but missed it as the CAP was closed by 28th August, 2006. Hence, I am currently working on the OPT work authorization.

I am aware that I will be out of status after February 11th at the end of my OPT tenure. I am planning to re-apply for H1 with the same company again well in time next year. As I will be out of status until I get my H1B application accepted and approved possibly by October'07, what are the best options available for me to legally stay here in USA with a valid status during the period until October 2007. Time is short and I needed to work out some thing quick.

I shall be grateful to any one who could send in your valuable advise.

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GotFreedom?

10-06 07:26 PM

If the H1-B holder's labor is pending for at least a year then an 1 year extentions are granted. If the H1-B holder has an approved I-140 petition, the extention is granted for 3 years. I'm on my 9th year of H1B.

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LostInGCProcess

02-04 04:55 PM

Not sure about specific places, but in general problems are when you are coming back to US.
If you have stamped and valid h1b for returning back to US, you should be fine.

I have not had any issue or heard of any issues while visiting mexico, hawaii or alaska


HTH
Hawaii and Alaska are states that are part of US and you are free to travel anywhere in the 50 states of US without the need to show Visa or travel Document. However its not the same with Mexico. Its a different country.

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newtoh1

03-05 04:10 PM

Hi
My 140 got approved and 485 is in pending state.I have my EAD and also valid H1.

1.Can I add my spouse to my GC status when PD is not current?My spouse is on H1B visa.

2.If I start using EAD, is it still possible to add spouse or I should maintain valid H1 status?

Can you please respond back ASAP.Thanks.

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Alex1411

07-05 01:26 AM

Your questions are valid....but either way, you must enter US ASAP on your AP (or have someone mail ytou your GC). The issue is that you are NOT totally free once you get GC because immediately leaving your sponsoring employer is a no-no and can cause your GC to be revoked or be an issue at the time of citizenship. It is advisable to stick to the employer for 6mts to 1 year after GC - if the employer is still functioning. Also, USCIS has increased employment place visits for recent GC approvals. :)

Thanks for your answer!^^

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GCBoy786

10-30 01:52 PM

OK.

Is there anyone who has the same status on AP and actually received the approval notice?

Thanks.

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pd_recapturing

06-18 07:57 AM

I am in the same boat. Could someone answer this question ? I am trying to get affidavit from parents and the header reads "Affidavit of <wife's name> (known as <wife's previous name> at the time of birth". Is that good enough? BC has her pre-marriage name but it got issues just last week.
Thx

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prav27

01-20 01:01 AM

Hi,
In DS-156 form there is an item 36 which says "Has anyone ever filed an immigration visa petition on your behalf",
What should be entered for H4 visa holder whose 485 has been filed.
And if we have to say "Yes" to this question , then whose name should be mentioned in "If Yes ,Who?", should it be the spouse name or the spouse company name ?


Thanks

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edaltsis

08-19 01:44 PM

Have to live at the mercy. My last 2 EAD renewals were very quick, I got them both in 10-15days after I applied.

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snathan

10-21 04:31 PM

Certain felonies make a person inadmissible, which means no Green Card may be issued for such a person for either 15 years of indefinitely. You need to be more specific. Crimes of moral turpitude are inclusive. There are some limited waivers for some, but not all grounds of inadmissibility.

I dont think you have understood the question. The OP asking what if the sponsoring person is deported due to feloney charge.

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kvranand

01-17 12:58 PM

I think this is due to bi-specilization program USCIS started lately. H1's are processed at CSC & VSC just like I-140's processed at TSC & NSC.

So your application would have gone to VSC when they share the applications for processing, though you belong to CSC.

I believe my resoning is correct!

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imconfused

05-24 04:26 PM

I filed for my EAD last year along with 485 and the lawyer sent the application to Nebraska Service Center, however, the receipt notice I received was from Texas Service Center.

Now, for Q11 - Have you ever applied for EAD from USCIS? Which USCIS office, which office should I mention? NSC or TSC?

thanks,

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rohiral

04-28 08:47 AM

Hey there

I have been trying to access the donor forums post a paypal donation and I cant access them. Is there a wait period or an activation that needs to occur?

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vikramy

06-26 08:57 AM

Your Lawyer for sure gets it. You will get a copy of it. (I think you will get only if it is medical or any personal).

I got RFE recently. Both my wife and lawyer got notice.

Hi,

I just got an update on my and my wife I-485; i dont know what it is but they have requested for more information.
Can any one clarrify that who will get the RFE? will it be me or my lawyer?
If possible can any tell what it would be?

Thanks in advance !!!

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yabayaba

01-14 02:58 PM

HI,

My EB2 perm labor was approved recently and thinking of filing I 140.
Trying to port my EB3 PD, 09/23/2003 to EB2.

I missed filing I 1485 for my wife in july 2007.

My question is if I go ahead and file I 140 premium for me , lets say it gets approved soon ,my dates will be current.Should I file I 485 for my wife then ?

What happens if they approve my I 485 before I file my wife's 485.

How long it took for you to get the labor aproved?. What are steps and duration it took?

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lvinaykumar

06-24 04:47 PM

If you find a document let us know. that would be really interesting...

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bobzibub

07-27 10:45 AM

Thought folks might find the following interesting.

I recently returned from a visit to Canada where I stayed with my brother-in-law, who owns a small but very successful web development shop. He told me that due to the booming Canadian economy, he can no longer find experienced programmers at reasonable bill rates. So he's been doing some outsourcing to get cheap foreign labor ... hiring American programmers !

Where was that? Vancouver? Toronto?
Was it Java or LAMP or .NET stuff?

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morchu

05-15 10:09 AM

You are not the primary, right? Your job has nothing to do with the GC case. So you can do whatever regarding your job.
whether one can take a employer sanctioned long leave of absence for a genuine reason in this case( child care).

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varshadas

03-26 06:11 AM

Hi Mikoo,
Thanks for your support on this. Please do not wait for people to meet the law makers. Go ahead and schedule your appointments and if no one responds, please go alone.

Thanks,
Varsha

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gccovet

07-08 09:36 PM

but we sent out the application package on June 28 (Friday) and the USCIS received our package on July 1st (Based on the Fedex tracking record). There is no way that my employer can refer to the new prevailing wage databse, which is released on July 1st.

Save the FedEx receipts etc, they might be useful in case of RFE.
GCCovet

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anjans

07-09 07:58 PM

GOK= god only knows..if you know anything about USCIS you will know that such things are impossible to provide guidance on.. ;-)

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validIV

03-24 10:49 AM

In summary, the immigration system remains broken. Pls fix k thx.

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kumarc123

08-26 10:19 AM

Some additional information. My wife's first semester will be Fall semester as H4 and spring as F1. She will graduate by the end of spring- i.e. May 2009.

Well most of the time classes you need are not offered in the summers, also as a International student you can take summer semester off, you legally have that right. Now don't pick classes in the summers, move it to the fall semester. Also
I checked with my counselor, if you are left with only once class, you can take it in the fall, all you would need to is, contact your counselor and let him take care of the paper work. in that cases you don't need to take 3 classes to maintain your F1status.

Good Luck

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psaxena

01-14 02:16 PM

While driving back , at POE the process is simple. Always show your AP before passport and they will let you in. Never show the passport before the AP.

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485Mbe4001

03-04 12:46 AM

Lets email and decide if we can meet someplace, hopefully we can jumpstart the chapter again.

Socal members,

Can we do that on some weekend..

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rajeshalex

07-17 08:46 PM

or may be this is correct?

http://immigrationvoice.org/forum/showthread.php?t=10362

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bank_king2003

04-23 06:32 PM

I have an h1b and EAD. i am employee of company A. currently i am working for a client(a startup company) in project through company A.. now this client wants to give me some equity(shares) of his company. i will keep on working as company A's consultant with this client.

my question is can i take the equity(shares) of my client. ofcourse he is not paying me anything, my paycheck still comes from company A as i am there h1b employee.

just wanted to make sure taking equity wont hurt my h1b ??

Any Advice ??

Thanks...

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codywang

02-08 02:11 PM

Yes, my EAD was approved and stay with same employer. What happen if I don't go out of country after I get a fresh H1B approval notice?


Yes, you can renew if your 140 is approved, i have done mine, my H1B was expired and used EAD for 2 months, and again file fresh H1B and got approved and went out of country to get stamp done,
Thanks,

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somegchuh

07-11 06:09 PM

Hi Bose,

so it took you almost 9 months and you still don't have the H1 renewal? wow... that's unbelievable. I just received an email from my lawyer's legal assistant and they have received the H1 approval notice. So I have no idea what the hell is going on!

Ah the wonders of govt work...

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teachamerica07

09-23 12:30 PM

No you cannot . You can only teach Math at this time.

Is ESL offer from the same school that sponsored you for math H1?

If it is, then ask your lawyer if the school can do some paperwork so that ESL can be added to your approved H1 .

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test101

07-17 08:44 PM

what happenes if my lawyer does not send tax return with I-485?

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samuel5028

02-21 01:38 AM

ya i know exactly what you want to say , its easy for them follow the pattern.

maybe its best that 1 year i go to visit her and 1 year i call her over here .


:-)
Even its the best idea. But make sure you follow perfectly.........

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tmayer01

05-09 06:14 AM

i'm finishing work on friday and i still havn't got a new job. I'm a really shy person and i hate the thought

Hey, just be confident.. not all people get a chance to go in a place and apply for a job.. besides, if you have all the qualities of an applicant, there is no reason to be shy, rather tell your interviewer on what you can do to be an asset and help the company grows more.:D



study in australia (http://www.globalvisas.com/countries/australia_visas.html)

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anurakt

12-29 08:34 PM

Hi,

I applied for H1 last year and got H1 approved for 9 months. (they counted all my stay on H4). Now H1 expired on 25th Nov and applied for H4 on 15th Nov before H1B expires.

I wants to take advantage of New memo of USCIS. Can I apply for H1B with different employer than earlier one while my H4 case is pending?

Or shall I wait until I gets H4 approval and they apply for H1B.

Please help me on this.

Thanks,


Please put this question in IV attorney call... It's complex and a new rule ...so I would suggest anyone on the forum not to speculate.

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krishna_brc

01-29 05:40 PM

Hi

I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?

And if the H1 goes dorment then what can be done next?

H1 would be valid/active the moment you accept employment with H1-B sponsoring employer.
Since you haven't started working and assuming you haven't accepted the offer from the
H1 sponsoring employer, YOU should be fine.

Please take advise from your company attorney.

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a_yaja

09-15 03:15 PM

In that case may be for CP 22 Feb 2002 will be considered as cut off date & for AOS USCIS bulletin date will be considered. --

USCIS does not publish a different bulletin. Only the Dept. of State publishes the bulletin and this is used by both the embassies for CP cases and by USCIS for AOS cases.

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rameshvaid

05-25 10:20 PM

Folks from Ohio,

Conundrum and I would gladly help, in getting OH Chapter going once again. We would love to see folks from Ohio to get involved. Please respond to this thread. As of now, the hope is to see who is in Ohio and we can take it from there. If you are a resident of Ohio, just say hello.

thanks

Solon, Ohio a suburb of Cleveland and would like to join state chapter. Pls. let me if I need to do something to become a part of State Chapter.

RV

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tnite

09-11 09:31 AM

I posted this question on another thread but its on page 38-39, so thought I might post as a new thread so that I can get some answer to my concerns...

I renewed my EAD thru e-filing. Everything was ok but the address to send the Confirmation Receipt is TSC. My initial I-485 is at NSC. My address did not change anytime from the time I applied I-485.

I entered the correct info in question 11..which was:

Have you ever before applied for employment auth. form USCIS?
X Yes(if yes, continue below)
I checked yes

which USCIS office?

My answer:

LINCOLN, NE date: 08/14/2007

Should I be worried about this or can I just feel its okay?

Is this something okay?

Please let me know....Thanks.

I too had the same issue but then figured out that when I sent in my 1st EAD App I lived in CT which is serviced by Nebraska and then I moved to MA,which is serviced by Texas. When I applied for my renewal the supporting documents were being asked to mail to Texas. Did you move?

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sgupta33

01-29 01:53 PM

AC 21 allows a job change after 180 days pending of I-485. Will that allow a job change for a similar job position that is employed by a US company but work internationally (i.e. not working in the US)?

Thanks!

My understading is that you can not work internationally. This information is based on one of the attorney conference calls IV organized a few months ago.

On another note, please contribute to IV's letter campaign - this is one way of helping yourself and increasing your options! It only takes a few minutes - sign your name to one of IV's template letters and stick a stamp on an envelope.

Thanks.

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arsh007

06-18 05:41 PM

Hi

I am going to apply for i-485,
i have birth certificate which is taken in 2005 but I was born in 1974
some of my friends are saying...as you are born in 1974 and as your
birth certificate was taken in yr 2005, it might cause problems (ins poseses query)
to get the green card.
Is it right?
They are saying me to get Affidivits + non availability certificate now.
will it be a problem if I put my birth certificate....while applying for 485

thanks
Elephant


Your friends are correct. U can avoid RFE in I-485 by using affidavits.

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grcjso

12-27 12:00 AM

Here is my story -
- I came here in 1998 on F1
- Transferred to H1-B in 2002
- Filed for Labor Cert in 2005 (EB3) in Nevada
- I-140 approved in 2008
- I-485 pending for more then 180 days as of 2008
- EAD valid through 7/10/2009
- Got laid of in Feb 2009
- I got a job as an associate, a consultancy firm on W2 basis on Nov 17th, 2009 in WA

I have not done anything (i.e.informing the USCIS about job change etc.). I have the following questions.

- what documentation is required to be submitted to the USCIS about the new job.
- What kind of documentation is required from the employer vs myself
- When/how soon has this documentation is to be submitted
- When do i need to apply for my renewal of my EAD card
- What documentation is required to be submitted for the EAD renewal from employer vs myself
- Is it advisable to employ the services of an attorney if we run into issues.
- I worked on similar job for very short stints in between, but it was for a few weeks, does it endanger my case in anyway.


Any advice would be greatly appreciated.

-grcjso

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gchopes

03-08 04:14 PM

Do you get a separate H4 approval notice when you renew H1 and H4 while in the country?

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MaWizard

09-13 11:14 AM

Not Good !!

China India Mex Phil
1st C C C C
2nd 01APR05 15JUN02 C C
3rd 01MAY02 22APR01 01MAY01 01MAY02

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gc_on_demand

07-23 03:47 PM

View a Hearing or Meeting (http://judiciary.senate.gov/hearings/hearing.cfm?id=4007)

Senate Judiciary Committee
Subcommittee on Immigration, Border Security and Citizenship
DATE: August 6, 2009
TIME: 10:00 AM
ROOM: Dirksen-226


OFFICIAL HEARING NOTICE / WITNESS LIST:
July 23, 2009

NOTICE OF RESCHEDULED SUBCOMMITTEE HEARING

The hearing on "Comprehensive Immigration Reform Roundtable: Employment-Based Immigration to Propel America's Economy While Protecting America's Workforce" scheduled before the Judiciary Committee, Subcommittee on Immigration, Refugees and Border Security, for Wednesday, July 29, 2009 at 2:15 p.m. will now take place on Thursday, August 6, 2009 at 10:00 a.m.
By order of the Chairman.


I think health care is shifting towards fall so all CIR related hearing and talks will shift too.

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bigboy007

08-24 10:45 PM

This is a contract position to work in canada.This is normally through couple of vendors.

My employer is a small consulting company,which don't have own projects.So they pay only when I get project with other consultancies companies and bill through them.
You get work visa in canada then you need to be paid in canada..Work visa in canada has nothing to do with that of US status.

If you are getting paid in usa ( it seems like) and planning on working in canada on visitor visa its not legal. This might be the reason.

Your status in US has nothing to do with Working/Visiting/studying in Canada.

If you have used AP you "Probably" not on H1 any more.. there are some contradicting statements of IV members on this before. But I have seen USCIS sending a notice for one of my friend where in which he was advised to use AP ( as he is considered being on AOS eventhough he has H1) in future.

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aguy

07-26 08:40 PM

so, would you say just waiting for the RFE instead of sending in the exam result with a cover letter. i am afraid that it may get lost. on the other hand, if they delay the RFE by over 6 months, we will have to do the medical exam again. what would you suggest?

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drona

09-07 02:54 PM

Please see the Washigton State chapter thread in the State Chapters forum. Please post there as well, we are activating the WA state chapter.

http://immigrationvoice.org/forum/showthread.php?t=12976

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10-04 09:09 PM

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TexDBoy

09-12 02:23 PM

I think if you have a W2 for a job ... you did ... you need to list in G325A ...thats the info I got from legal when I filled the app

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Blog Feeds

12-18 03:40 PM

As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.

It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.

The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.

It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.



More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)

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wandmaker

10-07 03:24 PM

I need a little advice on sponspring my uncle vistor's visa from India

My uncle works in auto industry and I would like to nspor him for a vistor visa. His family will not be visting and he is taking care of his in-laws as well.

Does including his family members make any difference?

Also, having a different family name makes any difference in the sponsor's letter?

Any help is appreciated.

You can send a sponsorship letter along with other supporting documents like I-134, bank statements and etc. Ultimately, your uncle has to prove and convince the consular officer that he has strong ties in India in order for him to obtain the visa.

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06-12 04:52 PM

Stay away from Harvey Shapiro law firm in NJ/NY. Very irresponsible.

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thomasraj

10-23 04:52 AM

:D It's amazing to hear that in US the divorced women can share her ex-husband's property. But I don't think so such things are allowed in India and I would suggest the writer to visit any one of the Indian lawyers and clarify your doubts.
============
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aravindan_kv

02-01 11:13 AM

All ,
I am working for company "x" and having middle vendor "y"
and middle vendor has got me job and , working in the client location "z" of the middle vendor

I have signed non-compete agreement with middle vendor , that i should not join with client "z" (introduce by middle vendor) for 2 years after my termination.

The vendor "y" is not willing to work with my client "z"
and vendor "y" is saying to me i should not work with "z" because i have signed non-compete agreement.

Is it legal for my vendor "y" to say that i should not work with "z"
if they don't want to do business with "z"

I don;t know how to overcome this isssue.please guide me

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gc28262

09-15 06:27 PM

Members,

Please post all 2009 EB3 485 approvals on this thread.

Please mention the following details:

Approval Date:
Country chargeable to:
Priority date:
Are you a 245i beneficiary: Yes/No

Let us see whether any regular EB3 guys are getting approved as per latest visa bulletins.

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newbie2020

06-17 12:57 PM

As long as you meet the requirements for EB5 (500K in approved areas/ 1M in rest)

you should be good. They don't need the 140 and if you haven't applied for 485 then it doesn't matter.

Also did u know it is a conditional GC (just like when u marry USC you get a conditional GC) after 2 yrs you need to apply for removal of conditions by proving you met all the EB5 requirements.

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06-13 08:22 PM

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Blog Feeds

11-30 03:21 AM

The H-2B program is critically important for many businesses that have difficulty finding U.S. workers to fill temporary jobs. This is particularly true in seasonal industries. Comments from H-2B employers attest to the need for foreign workers in physically demanding seasonal jobs, often in remote locations, that many U.S. workers will not take.

The H-2B nonimmigrant visa (http://www.h1b.biz/lawyer-attorney-1137785.html) program permits employers to hire foreign workers to come to the U.S. and perform temporary nonagricultural work, which may be one-time, seasonal, peak load or intermittent and there are no qualified and willing U.S. workers available for the job. Note that this visa is not available for "temporary" agencies or other work placement agencies.

In order to learn more about employers� perceptions of the H-2B program, ImmigrationWorks USA and the U.S. Chamber of Commerce conducted a survey: five short questions distributed among H-2B employers in July and August 2010. The survey asked how many H-2B workers the company had hired in the last three years and what types of jobs those workers held. It included two open-ended questions about the benefits of using the program and asked what if any problems employers had experienced.

Another open-ended question asked what employers would do if they were not able to hire H-2B workers. Participation was voluntary, and results could be submitted via email, fax or the internet. A total of 367 employers responded. The majority of H-2B employers who responded to the survey noted that temporary foreign workers are reliable and hard-working. Many also praised these workers� productivity: a benefit that offsets the cost of bringing them into the United States. Respondents appreciated that H-2B workers were willing to work seasonal jobs and then return home when the season ended.

Important benefit of the program is that it offers companies a way to hire foreign workers when U.S. labor markets tighten. The program increases labor market flexibility by allowing businesses to bring in foreign workers when U.S. workers move up to better, higher-paying jobs during economic expansions.

To read the entire report about the economic impact of the H2B program, click here (http://www.immigrationworksusa.org/uploaded/IW-Chamber_H-2B_report.pdf)







More... (http://www.visalawyerblog.com/2010/11/h2b_visas_are_great_for_our_ec.html)

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sreddy80

10-23 10:21 PM

newyorker123,
this I 140 is applied by old employer but did not share the receipt# and no 485 was applied that time. I want to port the PD from that I140 to the current I140/I485. For that purpose, I need the copy of old I140.

ssingh92,
I just applied the FOIA and just crossed my fingers. Lets see how it goes...

Thanks for all your radvise and support!

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lonedesi

08-05 12:22 PM

The thread you linked for I-140 delays. I am asking about I-485 approvals :)

I am waiting for my I-485 approval too. So you can change I-140 to I-485 and send the letter to Ombudsman's office.

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digital2k

08-01 09:22 PM

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yodamom

July 27th, 2006, 04:50 PM

Antonio - the English translation would be Great Egret. Once in a while we'll see a one or two perched on railings at the state parks around here but they always take off when we get closer.

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