uma001
06-23 09:10 AM
Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn�t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
I feel sorry for you. I came to US on H1 in 1998.Did not file green card and left US in 2004 came back again in 2006 on H1. Still have not filed green card.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
I feel sorry for you. I came to US on H1 in 1998.Did not file green card and left US in 2004 came back again in 2006 on H1. Still have not filed green card.
vallabhu
11-30 10:51 AM
Thanks for your reply except for HR letter I think we sent all the mentioned documents for the first response and we are resending them back, My provisional says Mathematics and Marks list says Math may be officer got confused
I was in a similar situation.. not exaclty the same...
I had an approved I 140 and then I got the Notice of Intent To Deny, similar reason. This is what I did.
- I called my unversity and asked them to send me a detail syallbus of the courses I attended
- A letter from a third part evaluator
- An indetail letter from my HR as to what my courses where and how the courses pertain to my work.
- A detailed letter from the attorney.
looks like you do not have any thing to worry, if you took math courses and your syllabus states that then you should be ok. Make sure that you mention in very much detail and repetedly about the courses you took so that they wont miss it. Good luck I am certian you will be ok.
I was in a similar situation.. not exaclty the same...
I had an approved I 140 and then I got the Notice of Intent To Deny, similar reason. This is what I did.
- I called my unversity and asked them to send me a detail syallbus of the courses I attended
- A letter from a third part evaluator
- An indetail letter from my HR as to what my courses where and how the courses pertain to my work.
- A detailed letter from the attorney.
looks like you do not have any thing to worry, if you took math courses and your syllabus states that then you should be ok. Make sure that you mention in very much detail and repetedly about the courses you took so that they wont miss it. Good luck I am certian you will be ok.
glus
01-24 01:29 PM
I just checked with my Lawyer. I am a July 2 receipt guy and my 180 days got over. Currently my wife moved from her H1B(not stamped yet, she moved from H4 to H1) to EAD and I am still on H1B.
My lawyer says if I am on H1B and she is on EAD it will create issues when our EAD goes for renewal. She claims I also should change my status now to EAD. I thought staying on H1B was safe and now I get this response. I told her so many people I know have done the same thing and she is asking if I will jump into the well like others:))).
Please advise
It is generally advisable to remain in H1 as long as possible. Your attorney does not seem to be providing right info. No, there can't be any issues when you renew EAD. EAD have no dependence on H1 status.
My lawyer says if I am on H1B and she is on EAD it will create issues when our EAD goes for renewal. She claims I also should change my status now to EAD. I thought staying on H1B was safe and now I get this response. I told her so many people I know have done the same thing and she is asking if I will jump into the well like others:))).
Please advise
It is generally advisable to remain in H1 as long as possible. Your attorney does not seem to be providing right info. No, there can't be any issues when you renew EAD. EAD have no dependence on H1 status.
vikki76
04-21 05:43 PM
This is first one I am hearing. If your occupation was anywhere in IT (QA, Programmer, Web Developer, DBA, ERP (SAP/Oracle financials), semiconductor etc),,it should have gone through
more...
ambals03
03-10 10:18 AM
America's Technology Leaders Assert Innovation Key to Nation's Recovery and Global Competitiveness -- WASHINGTON, March 9, 2011 /PRNewswire-USNewswire/ -- (http://www.prnewswire.com/news-releases/americas-technology-leaders-assert-innovation-key-to-nations-recovery-and-global-competitiveness-117647968.html)
shana04
06-15 11:34 AM
Dear Friends,
Please advise me
1. Does the birth certificate issued by Indian consulate in foreign country is deemed acceptable?
Thanks you all.
Zimmyneuro
If Birth Certificate issue by Indian consulate then it should be ok, as it is from consulate
Please advise me
1. Does the birth certificate issued by Indian consulate in foreign country is deemed acceptable?
Thanks you all.
Zimmyneuro
If Birth Certificate issue by Indian consulate then it should be ok, as it is from consulate
more...
paskal
12-01 10:13 AM
I believe no group is formed for TN. I am requesting people to reply so that we can count and form something.
Thanks
Hello,
We can help you but the first step is to complete your profile
Also I suggest you start by joining the GA chapter, you will get some help from them.
Thanks
Hello,
We can help you but the first step is to complete your profile
Also I suggest you start by joining the GA chapter, you will get some help from them.
crystal
08-28 04:08 PM
Either u need to ask your own lawyer or u need to ask the lawyer of the company where u going to join or do ur own research at risk
more...
gc28262
11-05 04:45 PM
If she plans to continue with her current employer after her travel, there is no harm in using AP. Once she comes back on AP, she automatically resumes her H1B status on the next H1B extension filing within US.
If she is OK with going through the hassles of visa stamping, that is fine too.
Please refer to the following murthy bulletin for details.
http://www.murthy.com/mb_pdf/032108_P.html
If she is OK with going through the hassles of visa stamping, that is fine too.
Please refer to the following murthy bulletin for details.
http://www.murthy.com/mb_pdf/032108_P.html
desi3933
07-09 10:30 AM
could you be more specific..
If the Labor mentioned as a job location in NY...after we get the EAD..we cant move to Florida and work there..?
You are ok, if are on EAD and in AOS pending status.
I was referring to current job location BEFORE filing for I-485 application. A person can be out of H1 status if he/she is working on a location that is different from mentioned in the H1 LCA. This is something not many people are aware of.
_____________________
Not a legal advice.
If the Labor mentioned as a job location in NY...after we get the EAD..we cant move to Florida and work there..?
You are ok, if are on EAD and in AOS pending status.
I was referring to current job location BEFORE filing for I-485 application. A person can be out of H1 status if he/she is working on a location that is different from mentioned in the H1 LCA. This is something not many people are aware of.
_____________________
Not a legal advice.
more...
tdasara
08-28 04:02 PM
Remember to get a MS in Computer Science you have to complete a few prerequisites else no University would offer you the degree.
If your Prevailing Wage Requirement states the minimum requirement is MS in CS (and/or experience) you should be good.
If your Prevailing Wage Requirement states the minimum requirement is MS in CS (and/or experience) you should be good.
Saralayar
07-08 07:09 PM
Depends on what you are looking for and what your priorities are:
1) Ask what work you will get? Ask to speak with the team members of the team you will work with and get your role clarified.
2) compensation. How much $$$$ they are paying more wrt current position or wrt other offers you may have in recent future.
3) As someone said correctly, get to know the work culture and the team make sure you don't end up being chained to work.
The advantage is that you can rise quickly (not much competition) & stable job.
So see whats important for you.
Guys, this forum is not the place to discuss about individual companies. If you have any questions related to immigration to US, you can start a thread for it.
Administrator, please delete this thread.
1) Ask what work you will get? Ask to speak with the team members of the team you will work with and get your role clarified.
2) compensation. How much $$$$ they are paying more wrt current position or wrt other offers you may have in recent future.
3) As someone said correctly, get to know the work culture and the team make sure you don't end up being chained to work.
The advantage is that you can rise quickly (not much competition) & stable job.
So see whats important for you.
Guys, this forum is not the place to discuss about individual companies. If you have any questions related to immigration to US, you can start a thread for it.
Administrator, please delete this thread.
more...
PHANI_TAVVALA
02-25 10:18 AM
Hi Friends..I am staying in MD and i am H4 visa holder..and i have international driving license with me.. Let me know how can i get the driving license in MD and what is the processes..
It is easy for International License Holder. You can give your knowledge test first and immediately appear for driver test. If you pass the test they issue a driver license which will be mailed to your address. You will need to provide 2 proof of addresses.
It is easy for International License Holder. You can give your knowledge test first and immediately appear for driver test. If you pass the test they issue a driver license which will be mailed to your address. You will need to provide 2 proof of addresses.
pranju
08-03 10:18 PM
exactly then y people from july 2 are not still getting their reciept notices
more...
uslegals
12-21 12:04 PM
Thanks Guys.! this is really, really helpful. Appreciate your advice.!!
srikondoji
07-27 02:20 PM
The receipts will be generated not by Priority Date but by Physically received date. This was obvious right from beginning, but some questions were raised on this forum.
more...
alterego
09-25 06:55 PM
This question is arising a lot. It really should be asked of the Q&A session with the immigration lawyer. It clearly is figuring in the thoughts of a lot of members and if she is not sure she can perhaps clarify it through the AILA liason.
My understanding is that your 140 and its associated PD is protected only if you have filed 485 and are waiting 180 days. In cases where 485 is not filed, I believe you need the cooperation of the previous employer who has to leave that petition open until you get to the 140 stage with the subsequent employer at which point you could substitute the PD.
I know a few of the lawyers have said otherwise but I am not sure what their basis is for that. I think it needs some clarification. It may infact be so and that would be great but clearly with half baked knowledge in this era of massive retrogression it could turn out to be a painful mistake if the clock has to reset!
My understanding is that your 140 and its associated PD is protected only if you have filed 485 and are waiting 180 days. In cases where 485 is not filed, I believe you need the cooperation of the previous employer who has to leave that petition open until you get to the 140 stage with the subsequent employer at which point you could substitute the PD.
I know a few of the lawyers have said otherwise but I am not sure what their basis is for that. I think it needs some clarification. It may infact be so and that would be great but clearly with half baked knowledge in this era of massive retrogression it could turn out to be a painful mistake if the clock has to reset!
imm_pro
01-20 02:35 PM
The new look is awsome.
We sure picked the best day to launch this change.
We sure picked the best day to launch this change.
wandmaker
10-23 08:50 AM
If I don't receive a response from USCIS before Jan 15, can I work till I get the notice ? or my employer is required to terminate my employment on Jan 15 according to the recapture time as mentioned on application ?
Your employer should terminate you from the job on Jan 15, as you will not be authorized to work after that.
I would like to apply for B2 transfer so I can stay for 2 months and travel around US. I also own car, house, and a ton of personal belongings etc. My house is under water (I mean I have $390K loan left on the house which is probably worth $250K). I might have to take it into foreclosure and eventually file for Bankruptcy and the process might take anywhere between 3 months to 18 months in present situation. I plan to leave US with in 2 months as I want to complete the mandatory 1-year outside before I could be eligible for new H1 visa but I might have to come back multiple to US for legal purposes during foreclosure or bankruptcy. Can I request a long term B2 visa (like 2 or 5 year) ?
COS will get you max of 6 months of B2 - If you apply B2 at consulate in your home country, you *may* have a chance of getting multiple year/entry B2 visa.
If my employer does terminate my job on Jan 15 2010, how early should I file for B2 transfer ?
Make sure COS application reaches them before Jan 15th.
If my employer say that I can legally work till I get notice from USCIS, when should I file for B2 transfer ?
Dont work beyond the date requested in your H1B extension.
what are the typical costs of filing for H1b to B2 transfer ? (application fees, attorney fees etc.)
Minimum of 1K attorney fees....
Your employer should terminate you from the job on Jan 15, as you will not be authorized to work after that.
I would like to apply for B2 transfer so I can stay for 2 months and travel around US. I also own car, house, and a ton of personal belongings etc. My house is under water (I mean I have $390K loan left on the house which is probably worth $250K). I might have to take it into foreclosure and eventually file for Bankruptcy and the process might take anywhere between 3 months to 18 months in present situation. I plan to leave US with in 2 months as I want to complete the mandatory 1-year outside before I could be eligible for new H1 visa but I might have to come back multiple to US for legal purposes during foreclosure or bankruptcy. Can I request a long term B2 visa (like 2 or 5 year) ?
COS will get you max of 6 months of B2 - If you apply B2 at consulate in your home country, you *may* have a chance of getting multiple year/entry B2 visa.
If my employer does terminate my job on Jan 15 2010, how early should I file for B2 transfer ?
Make sure COS application reaches them before Jan 15th.
If my employer say that I can legally work till I get notice from USCIS, when should I file for B2 transfer ?
Dont work beyond the date requested in your H1B extension.
what are the typical costs of filing for H1b to B2 transfer ? (application fees, attorney fees etc.)
Minimum of 1K attorney fees....
Mahatma
06-04 12:49 PM
Please make the following correction in my earlier post.
It is wrong to say that start NIW now. Do it after OPT.
EB1 also should be done after OPT. Sorry for the oversight. I got lost in transition.
It is wrong to say that start NIW now. Do it after OPT.
EB1 also should be done after OPT. Sorry for the oversight. I got lost in transition.
vish77
08-01 08:57 PM
My wife's federal loan got approved with expired I94 stamped as parole
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