vine93
03-15 01:37 AM
Faxed already.
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deepakjain
11-16 11:41 AM
I have a question about VISA stamping.
I had a valid H1B approval till 9th October 2010. I applied for I485 and I had valid Advance Parole expiring Sept 2010. My current visa stamping is expired. I am planning to go to India on vacation and returning in Dec 2009.
My question is
1. If I use my Advance Parole at port of entry to US with out getting my visa stamped in India, will I loose my H1B status?
2. If I don't loose my H1B status, I am planning to transfer my H1B in Feb 2010. Will there be any problem in H1B transfer.
Thanks,
Praveen.
If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.
I had a valid H1B approval till 9th October 2010. I applied for I485 and I had valid Advance Parole expiring Sept 2010. My current visa stamping is expired. I am planning to go to India on vacation and returning in Dec 2009.
My question is
1. If I use my Advance Parole at port of entry to US with out getting my visa stamped in India, will I loose my H1B status?
2. If I don't loose my H1B status, I am planning to transfer my H1B in Feb 2010. Will there be any problem in H1B transfer.
Thanks,
Praveen.
If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.
BharatPremi
07-27 02:37 PM
After EAD is approved, H4 can work anywhere in any job.
O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).
Now real question should be "Should I use EAD or Should I be on H1/H4?"
If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.
O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).
Now real question should be "Should I use EAD or Should I be on H1/H4?"
If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.
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krishmunn
05-05 07:52 PM
Soltan
I am assuming you never filed your 485 with old company .
In that case, you will now need to start your PERM agains with the new company. After PERM apply a new 140 and during this application you can request for the PD as per your old 140.
But you cannot directly use the old 140 for filing a new 485
I am assuming you never filed your 485 with old company .
In that case, you will now need to start your PERM agains with the new company. After PERM apply a new 140 and during this application you can request for the PD as per your old 140.
But you cannot directly use the old 140 for filing a new 485
more...
satyasaich
07-21 09:14 AM
When i was in a fortune 5 earlier in my career, Fragomen & Assc were my attorneys as well. Never had such thing in the past nor heard of it. By the way, thousands of people work from home in a company where i was also working from home till yesterday. ( today 7/21 i don't have a job due to EAD processing delays )
it's just their inability to explain the business model. For example, if you are in IBM, they have only few offices in midwest and most of the people work from home & travel to client site based on necessity. Some of the positions ( suchas DBA / Unix Admin/ Web Admin etc;)doesn't even require presence at client location not even once in an year.
That's how the business model is existing. just because some officers / clerks in USCIS doesn't understand / nor interpret properly the vebiage or context of law, it's their traning issue. worst case scenario, that's why we pay hefty amounts to so called 'immigration attorneys' to 'explain' the law & to work with USCIS officials to do the 'CORRECT' thing
Normally my wife is the one who is used to post or follow up on the latest here.
This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.
Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.
Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.
Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.
One other point the fragomen lawyer said is - this is going to be the case for all thier clients.
it's just their inability to explain the business model. For example, if you are in IBM, they have only few offices in midwest and most of the people work from home & travel to client site based on necessity. Some of the positions ( suchas DBA / Unix Admin/ Web Admin etc;)doesn't even require presence at client location not even once in an year.
That's how the business model is existing. just because some officers / clerks in USCIS doesn't understand / nor interpret properly the vebiage or context of law, it's their traning issue. worst case scenario, that's why we pay hefty amounts to so called 'immigration attorneys' to 'explain' the law & to work with USCIS officials to do the 'CORRECT' thing
Normally my wife is the one who is used to post or follow up on the latest here.
This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.
Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.
Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.
Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.
One other point the fragomen lawyer said is - this is going to be the case for all thier clients.
Munna Bhai
01-09 03:42 PM
Hello,
Please share your RFEs!! What was the reason and how you handled it. That will be great input.
-M
Please share your RFEs!! What was the reason and how you handled it. That will be great input.
-M
more...
ilwaiting
06-15 02:52 PM
I see your PD is 2004? there are thousands of people whose PD is probably before you waiting to file 485. I guess they would get there GC's first. I don't think there is a way to speed up the process. It should be FIFO.
Friends,
Like me, many of you have filed I-485 before Sept 2005 and got stuck due to priority dates getting retrogressed. Now that that the PD is current what action should we take to get the cases approved and not get stuck again.
PLEASE POOL IN YOUR INPUTS so that a collective thought will put us in the right direction to get the GC approved before the PD move back.
TIA.
Please see my Signature below for info regarding me.
EB3/VSC/India
PD July 2004
140/EAD/AP/485 file RD:11/05/2004 ND:11/09/2004
EAD1 Approved:11/22/2004
AP1 Approved:11/23/2005
140 Approved:2/1/2005
EAD2 RD: 10/06/05 AD: 10/25/05
AP2 RD: 10/06/05 AD:10/31/05
EAD3 RD 7/7/2006 AD: 7/27/06
FP1 - 03/10/05
FP2 4/25/07
SELF Name Check Cleared!!!: Dec. 2004 & Jan 2006.
SPOUSE Name Check Cleared!!!: Mar. 2006
Friends,
Like me, many of you have filed I-485 before Sept 2005 and got stuck due to priority dates getting retrogressed. Now that that the PD is current what action should we take to get the cases approved and not get stuck again.
PLEASE POOL IN YOUR INPUTS so that a collective thought will put us in the right direction to get the GC approved before the PD move back.
TIA.
Please see my Signature below for info regarding me.
EB3/VSC/India
PD July 2004
140/EAD/AP/485 file RD:11/05/2004 ND:11/09/2004
EAD1 Approved:11/22/2004
AP1 Approved:11/23/2005
140 Approved:2/1/2005
EAD2 RD: 10/06/05 AD: 10/25/05
AP2 RD: 10/06/05 AD:10/31/05
EAD3 RD 7/7/2006 AD: 7/27/06
FP1 - 03/10/05
FP2 4/25/07
SELF Name Check Cleared!!!: Dec. 2004 & Jan 2006.
SPOUSE Name Check Cleared!!!: Mar. 2006
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gcisadawg
04-07 03:41 PM
jnraajan,
Thanks for your reply! We surely dont want to jeopardize the ability of her to visit us again! We may have to stick to the original expiry date then!
Would taking an Infopass appointment help?
Other Folks,
Pls. let me know if there are other feedback.
rgds,
gcisadawg
Thanks for your reply! We surely dont want to jeopardize the ability of her to visit us again! We may have to stick to the original expiry date then!
Would taking an Infopass appointment help?
Other Folks,
Pls. let me know if there are other feedback.
rgds,
gcisadawg
more...
darsh678
12-28 10:36 AM
Hey
I am also in a sort of similar situation...
neways you can ofcourse go back to school but what I think is it should be in USA. As your AP can't be valid for such a long time of year. just like GC where you have to be back in a year. I would suggest that go for further education and update your career but try doing it in USA, I am sure you can get something better in here too...
Best Luck...
I am also in a sort of similar situation...
neways you can ofcourse go back to school but what I think is it should be in USA. As your AP can't be valid for such a long time of year. just like GC where you have to be back in a year. I would suggest that go for further education and update your career but try doing it in USA, I am sure you can get something better in here too...
Best Luck...
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WeShallOvercome
07-30 02:00 PM
Many of us are in this situation.
Can someone throw some light on previous experience s,
who gets the receipt notice when using G-28.
#1. Lawyer Alone
#2. Applicant Alone
#3. Both lawyer & the applicant.
--BB
In all the cases that I've seen so far, only lawyer has received it..
Can someone throw some light on previous experience s,
who gets the receipt notice when using G-28.
#1. Lawyer Alone
#2. Applicant Alone
#3. Both lawyer & the applicant.
--BB
In all the cases that I've seen so far, only lawyer has received it..
more...
nk2006
05-11 10:13 AM
As zCool pointed out, points based system is just a delay technique. No point in discussing its pro's and con's. If they treat it as long term solution with proposal for near term; then it may be OK otherwise we are screwed.
Point based system is much much more difficult to formulate. With present pace of lawmaking and implementation capability (of congress and USCIS respectively) it will take years before anything can happen and we will be rotten by that time.
Our hope is with CIR with a few of our measures or SKILL/STRIVE/TALENT etc.
Point based system is much much more difficult to formulate. With present pace of lawmaking and implementation capability (of congress and USCIS respectively) it will take years before anything can happen and we will be rotten by that time.
Our hope is with CIR with a few of our measures or SKILL/STRIVE/TALENT etc.
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rajarao
07-30 01:10 PM
Congratulations on your approval. Yor are really lucky and we envy you.
I know the systems is so much screwed up. There are so many frustrated people with their priority dates EB2 before August 2004 and could not file I-485 until this July. Its a wonder USCIS approved a case with priorioty date of August 2005. :mad: :confused: the system is so disgusting.
I know the systems is so much screwed up. There are so many frustrated people with their priority dates EB2 before August 2004 and could not file I-485 until this July. Its a wonder USCIS approved a case with priorioty date of August 2005. :mad: :confused: the system is so disgusting.
more...
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GC_1000Watt
12-03 04:26 PM
The simple reply to this question I could think of is that Dream Act is not meant to benefit Legal immigrants, however Visa recapture will directly benefit all the Employment based legal immigrants.
Thanks.
Why do we need Recapture more than DREAM ACT or with DREAM ACT?
What makes recapture an important issue as mush as DREAM ACT issue?
Is the question asked to me when I communicated with someone in favor of DREAM act. We need good answers when asked this question.
I was looking at posts to respond back and write to all reporters writing on DREAM ACT. Can someone post convincing answers?
Thanks.
Why do we need Recapture more than DREAM ACT or with DREAM ACT?
What makes recapture an important issue as mush as DREAM ACT issue?
Is the question asked to me when I communicated with someone in favor of DREAM act. We need good answers when asked this question.
I was looking at posts to respond back and write to all reporters writing on DREAM ACT. Can someone post convincing answers?
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53885
08-06 04:07 PM
In last 2 months we collectively raised our voice on 3 occasions
1. CIR 07 debate in senate (Can you believe that for last 3 months of the fiscal year DOS moved EB3 India from Jun 03 to current?)
2. Flower campaign
3. San Jose rally
and we were rewarded.
If you want to do something for yourself
1. Show up in DC for Sept 13 Rally - http://immigrationvoice.org/forum/showthread.php?t=11428
2. Come out of shadow and tell Congress your story - http://immigrationvoice.org/forum/showthread.php?t=10747
The choices you make shall define your future.
p.s. Please please please stop obsession with receipt notice and visa bulletin prediction.
1. CIR 07 debate in senate (Can you believe that for last 3 months of the fiscal year DOS moved EB3 India from Jun 03 to current?)
2. Flower campaign
3. San Jose rally
and we were rewarded.
If you want to do something for yourself
1. Show up in DC for Sept 13 Rally - http://immigrationvoice.org/forum/showthread.php?t=11428
2. Come out of shadow and tell Congress your story - http://immigrationvoice.org/forum/showthread.php?t=10747
The choices you make shall define your future.
p.s. Please please please stop obsession with receipt notice and visa bulletin prediction.
more...
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Cheran
03-15 08:55 AM
Is the same argument, "you can travel to home country with expired US Visa" valid for London too? I will be visiting India coming June and my visa is expired...
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imh1b
12-06 08:24 AM
After seeing so much activism on Dream Act in the news, I think Dream Act deserves to be passed. Recapture does not. We are responsible for it for not doing anything if Dream Act passes. Just Google Dream Act and you will see so much work done on this. Compare it to Recapture bill. Reporters will also write about issues where they see lot of activity. We are simply not doing enough.
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ragz4u
05-03 11:49 AM
We have already sent the reporter an email on behalf of IV.
And, also please note that IV does not have anything against Illegal aliens. We are sympathetic to their cause but have no opinion regarding amnesty for illegal aliens
If someone wants to go to this protest/write to the reporter, do so in individual capacity please (do not claim to represent IV).
And, also please note that IV does not have anything against Illegal aliens. We are sympathetic to their cause but have no opinion regarding amnesty for illegal aliens
If someone wants to go to this protest/write to the reporter, do so in individual capacity please (do not claim to represent IV).
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seeking_GC
07-28 07:33 PM
This is the content of the email I received.
Receipt Number: WACXXXXXXXXXXX
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
On July 28, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
=========================
DSLStart can you please post the contents of the email you received?
Receipt Number: WACXXXXXXXXXXX
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
On July 28, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
=========================
DSLStart can you please post the contents of the email you received?
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GeetaRam
06-14 03:47 PM
very useful link... even I didn't get why they mentioned foreign consular processing... what exactly that mean ? I also have question
I am working with my employer from 2005 to till date. My green card was filed in EB3 cateogory with in 2007 and priority date is March 2005. Before I started working for my currently I have worked for more than 5+ years in India with real experience from companies like IBM, Knabay. My employer is ready to file my GC in EB2 category considering those experience as my current experience with him doesn't get considered if for EB2 Bachlors + 5 + years. I have BE in Computer Science + total 10 years of experience. As I hear mixed review for the same that porting between EB3 to EB2 with same employer... I am considering option to change employer but my question is. I have my I-140 approved thru current employer but my I-485 application hasn't been filed. What if my current employer revoke my I-140 can I still use the same priority date.... Please advice/help.
I am working with my employer from 2005 to till date. My green card was filed in EB3 cateogory with in 2007 and priority date is March 2005. Before I started working for my currently I have worked for more than 5+ years in India with real experience from companies like IBM, Knabay. My employer is ready to file my GC in EB2 category considering those experience as my current experience with him doesn't get considered if for EB2 Bachlors + 5 + years. I have BE in Computer Science + total 10 years of experience. As I hear mixed review for the same that porting between EB3 to EB2 with same employer... I am considering option to change employer but my question is. I have my I-140 approved thru current employer but my I-485 application hasn't been filed. What if my current employer revoke my I-140 can I still use the same priority date.... Please advice/help.
greencard_fever
11-01 08:31 PM
Hi willgetgc2005,
I am in same position you are in..i have applied for an extension for my mother in law for another 6 months ...it's been 5 months still waiting for approval...but i took a chance and made my mothe in-law stay back based on pending approval...its your call how bad you need your monther in-law's help during your daughter's treatment..if possible take the letter form doctors office that your daughter is sick and you need her help in this hard times and attach this letter with you extension application.. this will help for extension..this is what i did..
I am in same position you are in..i have applied for an extension for my mother in law for another 6 months ...it's been 5 months still waiting for approval...but i took a chance and made my mothe in-law stay back based on pending approval...its your call how bad you need your monther in-law's help during your daughter's treatment..if possible take the letter form doctors office that your daughter is sick and you need her help in this hard times and attach this letter with you extension application.. this will help for extension..this is what i did..
anilsal
07-30 06:36 AM
W2s to indicate annual salaries in the last 1-3 years such that they know that you made at least as much as the labor application said.
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