softcrowd
10-02 03:21 PM
If I-140 is withdrawn by the employer, one can not port the PD.
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sunny1000
12-13 01:00 PM
I am going thru the same thing...To answer your question, the travel agent told me that if my passport stamp had expired, I would need a transit visa for all European airports. I would not need a transit visa if I take a direct flight to middle-eastern airports (like Kuwait City, Dubai etc)..The transit visa might take a couple of weeks via mail.....
Typical travel agent replies are: "if you have valid visa stamped, then no need for transit visa".
Typical travel agent replies are: "if you have valid visa stamped, then no need for transit visa".
inskrish
11-18 05:37 PM
I-485
TSC --- June 27, 2007
NSC --- July 05, 2007
:mad:
TSC --- June 27, 2007
NSC --- July 05, 2007
:mad:
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reddy77
11-06 03:29 PM
I am july 18th Filer, NSC, got my EAD and FP done, but still waiting for AP, got couple of LUD's for AP last week, but still it shows as received and pending ...
more...
anjs
11-20 02:18 PM
I think there is nothing called State chapter link.. we have to come together and form a group.
Please reply to this thread and express your interest to join TN chapter.
I will consolidate.
Sorry. i did not saw your post until now.
I am in Knoxville.
One or two members from different cities in Tennessee posting on this thread.
Is any group formed for Tennessee.
Thanks
Suresh
Please reply to this thread and express your interest to join TN chapter.
I will consolidate.
Sorry. i did not saw your post until now.
I am in Knoxville.
One or two members from different cities in Tennessee posting on this thread.
Is any group formed for Tennessee.
Thanks
Suresh
ghost
07-24 04:20 PM
What can we ask for-
1) Portability for all cases where I - 140 is approved for 180 days, and the co. is unable to file for 485 because of retrogression.
2) ability to maintain priority dates incase labor is filed for more than 365 days and the employee is forced to change jobs - even though the i 140 is not approved because of delays at the BPCs
3) I guess asking for an EAD incase I-140 is approved for 180 days will be too much?
LC - Verification is related to the sponsored job
140 - Verification is related to the sponsoring company
485 - Verification is related to the sponsored individual
Portability, by definition, applies to individual and not company. Why would your company want you to have portability?
1) Portability for all cases where I - 140 is approved for 180 days, and the co. is unable to file for 485 because of retrogression.
2) ability to maintain priority dates incase labor is filed for more than 365 days and the employee is forced to change jobs - even though the i 140 is not approved because of delays at the BPCs
3) I guess asking for an EAD incase I-140 is approved for 180 days will be too much?
LC - Verification is related to the sponsored job
140 - Verification is related to the sponsoring company
485 - Verification is related to the sponsored individual
Portability, by definition, applies to individual and not company. Why would your company want you to have portability?
more...
add78
10-02 09:48 AM
This is a little tricky.
A person is in a valid H1-B status when
1) He/She is a full time employee of the Sponsoring company AND
2) Receives regularly scheduled (can be weekly/bi-weekly/monthly) salary from the same sponsoring employer which exceeds the amount mentioned in the LCA filed.
Thus, the H1-B status depends on first, an ongoing and current (a.k.a. valid at given moment) employer-employee relationship that satisfies 1) and 2) above.
#2) above is a criteria for #1) above. The employment (a.k.a. employer-employee relationship) is the primary basis (#1) which is "fulfilled" by the regular salary (#2).
In case of a lay-off, the severance pay is determined by the company policy (BTW company cannot discriminate the severance criteria between H1-Bs and GC/Citizens), so the severance could be given to the "laid-off" employee in subsequent regular paychecks or a lump sum amount, depending on company policies.
But, the very fact that he/she will receive severance (no matter over next few regular paychecks or one time payment), implies the "severed" Employer-Employee relationship, which in turn makes the person "NOT" in a valid H1-B status. However, USCIS will give the person some leeway at their discretion to find a new employer who will sponsor his new H1-B (There is no such thing as H1-B transfer, every H1-B is a new application, it's just that the person will not be counted in the cap if he/she has already been counted)
Therefore, in a lay-off situation, it is always better to start to look for a new job with a new employer that will file H1-B for the laid-off person ASAP. The longer you wait, the more you jeopardize your status.
Hope This Helps.
If my answer helped you, please consider donating to Your Own Cause, i.e. IV.
IV = I+We
A person is in a valid H1-B status when
1) He/She is a full time employee of the Sponsoring company AND
2) Receives regularly scheduled (can be weekly/bi-weekly/monthly) salary from the same sponsoring employer which exceeds the amount mentioned in the LCA filed.
Thus, the H1-B status depends on first, an ongoing and current (a.k.a. valid at given moment) employer-employee relationship that satisfies 1) and 2) above.
#2) above is a criteria for #1) above. The employment (a.k.a. employer-employee relationship) is the primary basis (#1) which is "fulfilled" by the regular salary (#2).
In case of a lay-off, the severance pay is determined by the company policy (BTW company cannot discriminate the severance criteria between H1-Bs and GC/Citizens), so the severance could be given to the "laid-off" employee in subsequent regular paychecks or a lump sum amount, depending on company policies.
But, the very fact that he/she will receive severance (no matter over next few regular paychecks or one time payment), implies the "severed" Employer-Employee relationship, which in turn makes the person "NOT" in a valid H1-B status. However, USCIS will give the person some leeway at their discretion to find a new employer who will sponsor his new H1-B (There is no such thing as H1-B transfer, every H1-B is a new application, it's just that the person will not be counted in the cap if he/she has already been counted)
Therefore, in a lay-off situation, it is always better to start to look for a new job with a new employer that will file H1-B for the laid-off person ASAP. The longer you wait, the more you jeopardize your status.
Hope This Helps.
If my answer helped you, please consider donating to Your Own Cause, i.e. IV.
IV = I+We
2010 Friendship Quotes amp; Images
kanyewest
04-19 12:09 PM
I was on H1B until Feb 2009 and I applied for COS to H4 in Feb 2009. USCIS has received my COS application, and it is still pending with USCIS for 2 months now.
1. Can a new employer apply for a new cap-exempt H1B for me (technically a transfer, as I was on H1B for 2 years before)?
2. In that case, do I need to submit paystubs and W2s from when I last held H1B status?
1. Can a new employer apply for a new cap-exempt H1B for me (technically a transfer, as I was on H1B for 2 years before)?
2. In that case, do I need to submit paystubs and W2s from when I last held H1B status?
more...
snathan
05-17 04:48 PM
Hi,
I mom is from Nepal and Dad from India. Marriages between India and nepal is very common in my place, as we are border state. even my brother is married to nepali citizen and we have all my maternal family in Nepal.
I was born in Nepal, but my parents never thought that getting nepali passport would matter, as we were in India. On passport and other documents my I put India as my birth place and no one ever asked for proof of birth place in India back then.
Now for GC, i would need proof of birth( which i have, but from nepal) and that doesnt match my passport.
Would it be advisable to correct my place of birth in Indian passport and all the records now? Can I have "nepal" as my place of birth in indian passport? Will be be still considered Indian citizen?
How does all this affect my GC process? Any unseen dangers/after affects/side effects. please give your suggestions.
You can have place of birth as Nepal and you would come under Nepal for GC Chargeability. So you dont have to wait the long Indian line.
I mom is from Nepal and Dad from India. Marriages between India and nepal is very common in my place, as we are border state. even my brother is married to nepali citizen and we have all my maternal family in Nepal.
I was born in Nepal, but my parents never thought that getting nepali passport would matter, as we were in India. On passport and other documents my I put India as my birth place and no one ever asked for proof of birth place in India back then.
Now for GC, i would need proof of birth( which i have, but from nepal) and that doesnt match my passport.
Would it be advisable to correct my place of birth in Indian passport and all the records now? Can I have "nepal" as my place of birth in indian passport? Will be be still considered Indian citizen?
How does all this affect my GC process? Any unseen dangers/after affects/side effects. please give your suggestions.
You can have place of birth as Nepal and you would come under Nepal for GC Chargeability. So you dont have to wait the long Indian line.
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chanduv23
09-03 04:05 PM
I spoke with a 2nd level officer and came to know that my case is preadjudicated..but still not assigned to an officer and obviously the visa number has not been assigned. Is there anything I could do to make my case assigned to an IO in order to get the visa number and ofcourse the CPO?? Anyone experienced this??
If your priority date is current, you may try opening a SR, though not sure if that would help.
We don't know how internal processes work.
Just chill, don't panic - your case will be assigned a visa number soon.
If your priority date is current, you may try opening a SR, though not sure if that would help.
We don't know how internal processes work.
Just chill, don't panic - your case will be assigned a visa number soon.
more...
airbusfan
06-01 12:10 PM
I also have access issue, but just since yesterday. Again like Rahul, I'm by no means desperate to have access to the forums, but would be nice. Please let us know if there is an issue that we can help out with in this regards!
I still no access to the donor forums for me. I've already sent 3 emails per the thread above. Is it really such a big deal to grant access to donor forum??
I still no access to the donor forums for me. I've already sent 3 emails per the thread above. Is it really such a big deal to grant access to donor forum??
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needhelp!
11-12 03:47 PM
for the member who helps us complete our first century..
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Jerrome
07-27 12:33 PM
What was the RFE on the Birth Certificate and 325?. It would be helpful for people who are filling now to avoid the mistakes.
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satyachowdary
06-02 08:24 AM
Hi Edison99,
I requested for interfiling by sending an email to ebupdate.tsc@dhs.gov.
Regards,
Satya
I requested for interfiling by sending an email to ebupdate.tsc@dhs.gov.
Regards,
Satya
more...
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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.
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immig4me
04-29 11:09 AM
Have you sent the renewal papers to the right location? If not, after Mar 26th receive date, the applications will be sent back to the applicant - to be sent to the correct lock box.
USCIS - Change of Filing Location for Form I-765, Application for Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3ca0808dfb107210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
USCIS - Change of Filing Location for Form I-765, Application for Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3ca0808dfb107210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
more...
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sanatshah
10-25 06:09 PM
Mine 485 receipt no# also starting with SRC08008XXXXX and it's not showing online status.
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ujjvalkoul
01-30 06:04 PM
in short....when they cannot determine ur duration of stay..u get a one year license...interesting...wonder if you still have H1B and 485 pending what will the SAVE system pick for ur status...so unless for all AOS applications we can get EADs for 3 years, we will have to get DLs every year...given they accept EAD as a status/duration of stay proof..which they wont coz they will be looking at SAVE only for verifying appplicant status/duration of stay.....
We are looking at a big mess folks...
-----------------------------------------------------------------
Comment: Commenters said that this provision would be unduly
burdensome for many individuals who have lawful status for extended
periods of time, such as F and J visa holders, and specifically
expressed concern that the rule is eliminating a long-standing
provision for J-1 participants, who, under State Department
regulations, are entitled to a thirty-day grace period after completion
of their programs to travel within the United States One of these
commenters suggested that States be allowed to use the end dates listed
on the certificates of eligibility for each of these visa types as the
``ending date'' of status for the purpose of obtaining a driver's
license.
Response: Again, the determination for lawful status in the United
States will be made by the SAVE system, not particular documents. SAVE
takes into account the grace periods to which those in certain F and J
statuses are generally entitled. It should be noted, however, that
since F and J non-immigrants are admitted for ``duration of status,''
which is an indeterminate period, they would normally be issued
licenses valid for one year.
We are looking at a big mess folks...
-----------------------------------------------------------------
Comment: Commenters said that this provision would be unduly
burdensome for many individuals who have lawful status for extended
periods of time, such as F and J visa holders, and specifically
expressed concern that the rule is eliminating a long-standing
provision for J-1 participants, who, under State Department
regulations, are entitled to a thirty-day grace period after completion
of their programs to travel within the United States One of these
commenters suggested that States be allowed to use the end dates listed
on the certificates of eligibility for each of these visa types as the
``ending date'' of status for the purpose of obtaining a driver's
license.
Response: Again, the determination for lawful status in the United
States will be made by the SAVE system, not particular documents. SAVE
takes into account the grace periods to which those in certain F and J
statuses are generally entitled. It should be noted, however, that
since F and J non-immigrants are admitted for ``duration of status,''
which is an indeterminate period, they would normally be issued
licenses valid for one year.
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map_boiler
06-29 12:11 PM
Yes.
if an A# is present in the I-140 receipt should that be used to fill the 485/EAD forms ?
thanks
if an A# is present in the I-140 receipt should that be used to fill the 485/EAD forms ?
thanks
cdeneo
01-05 03:56 PM
Hi there,
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
mariner5555
01-24 01:48 PM
Hi all,
will appreciate a reply ..I had changed my wifes last name to our married last name (in SSN). her EAD and 485 is in her maiden last name.
will this create an issue when we renew her EAD ? I wanted to renew with our married last name.
Thanks in advance
will appreciate a reply ..I had changed my wifes last name to our married last name (in SSN). her EAD and 485 is in her maiden last name.
will this create an issue when we renew her EAD ? I wanted to renew with our married last name.
Thanks in advance
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