saran4
03-03 09:58 PM
hi ,
Since i dont have answer from them so posted here.... Moreover it may help some other person in future.... about the complexities....
Since i dont have answer from them so posted here.... Moreover it may help some other person in future.... about the complexities....
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raysaikat
07-12 01:01 PM
Situation:
Currently working full time on H1-B with I-140 approved already with company A. Cannot file 485 due to retrogression.
Want to work with company B part time,but need to file another H1-B part time.
My question is:
Will filling for a 2nd H1-B for comapny B (part time) without talking to the lawyer of Company A affect my first H1-B in anyway what so ever. Or are the 2 cases entirely separate and will not be linked by USCIS. Thanks in advance for assisting me on this situation.
You will have to provide proof of your current H1-B status so that the concurrent H1-B can be issued as cap-exempt. There is no official need to let the first company know about the second H1-B. However I do not know if the first company could/would come to know about it at a later date.
Currently working full time on H1-B with I-140 approved already with company A. Cannot file 485 due to retrogression.
Want to work with company B part time,but need to file another H1-B part time.
My question is:
Will filling for a 2nd H1-B for comapny B (part time) without talking to the lawyer of Company A affect my first H1-B in anyway what so ever. Or are the 2 cases entirely separate and will not be linked by USCIS. Thanks in advance for assisting me on this situation.
You will have to provide proof of your current H1-B status so that the concurrent H1-B can be issued as cap-exempt. There is no official need to let the first company know about the second H1-B. However I do not know if the first company could/would come to know about it at a later date.
thomachan72
03-25 02:20 PM
It seems to be only on economy? I couldn't find anything on immigration.
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eb3retro
07-22 08:04 PM
Hi Suk,
We have been already working on this. Please see:
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_03-20-06.pdf
On July 30, 2004, an interim rule "Employment Authorization Documents." 69 Fed. Reg. 45555 removed regulatory language limiting EAD validity periods to one-year increments and provides for USCIS issuance of multi-year EADs. The intent of this rule is - USCIS is to begin issuance of EADs with validity periods of more than one year. The reason for this interim rule was that 80%-90% of adjustment of status applications remain pending for longer than one year. Therefore applying for renewal of the EAD every year, as mentioned in the July 2004 interim rule, "creates burden on the applicant" and "creates avoidable additional workload for USCIS".
This change to the EAD issuance policy and practice will benefit employers and individuals, as well as USCIS. Issuance of multi-year EADs and EADs with full periods of validity will also help to reduce USCIS workload and improve process efficiency. With the current practice, issuing EADs with one-year validity periods�in cases where it is likely that re-issuance of the EAD will be necessary�requires USCIS to perform redundant adjudications.
Thanks for your help!
Walden pond, is there anyway we can do a rigorous push for this. Is there something that we can do about it. Also, after this letter to USCIS, was there any response from their end...thanks for your time, btw, congratulations on receiving your green card. You really deserve it and trust me, every single soul in IV is happy for you.
We have been already working on this. Please see:
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_03-20-06.pdf
On July 30, 2004, an interim rule "Employment Authorization Documents." 69 Fed. Reg. 45555 removed regulatory language limiting EAD validity periods to one-year increments and provides for USCIS issuance of multi-year EADs. The intent of this rule is - USCIS is to begin issuance of EADs with validity periods of more than one year. The reason for this interim rule was that 80%-90% of adjustment of status applications remain pending for longer than one year. Therefore applying for renewal of the EAD every year, as mentioned in the July 2004 interim rule, "creates burden on the applicant" and "creates avoidable additional workload for USCIS".
This change to the EAD issuance policy and practice will benefit employers and individuals, as well as USCIS. Issuance of multi-year EADs and EADs with full periods of validity will also help to reduce USCIS workload and improve process efficiency. With the current practice, issuing EADs with one-year validity periods�in cases where it is likely that re-issuance of the EAD will be necessary�requires USCIS to perform redundant adjudications.
Thanks for your help!
Walden pond, is there anyway we can do a rigorous push for this. Is there something that we can do about it. Also, after this letter to USCIS, was there any response from their end...thanks for your time, btw, congratulations on receiving your green card. You really deserve it and trust me, every single soul in IV is happy for you.
more...
seattleGC
03-28 05:24 PM
Is part-time H1 and full-time student without F1, a problem with Univ.?
I haven't heard of a case where a person being full time student but on a H1b and doing part-time work. Anyone knows of such?
Can someone after approved I-140 change to F-1? I heard its possible dont know of anyone who has done that.
I haven't heard of a case where a person being full time student but on a H1b and doing part-time work. Anyone knows of such?
Can someone after approved I-140 change to F-1? I heard its possible dont know of anyone who has done that.
amsgc
07-23 12:08 AM
Did you send them a copy of the approved I-140 and request them to port the PD?
Also, do you know if your previous I-140 has been withdrawn?
All,
I feel that those who concurrently filed I-140/485 in July 2007 are very lDcky!
Here is my situation -
Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007
New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)
Question -
Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.
Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.
Any "Creative" thoughts on how to approach USCIS moving forward.
Thanks in advance for your replies.
Aamchimumbai
Also, do you know if your previous I-140 has been withdrawn?
All,
I feel that those who concurrently filed I-140/485 in July 2007 are very lDcky!
Here is my situation -
Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007
New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)
Question -
Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.
Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.
Any "Creative" thoughts on how to approach USCIS moving forward.
Thanks in advance for your replies.
Aamchimumbai
more...
jthomas
06-07 10:11 PM
....... But its better not to apply for any government aid if possible. There are many people who have applied for unemployement. It would be interesting to find out if they had issues during the 485 approval
1. Unemployment benifit is not a goverment aid. Its a insurance which is deducted from every paycheck.
2. Goverment aid has increased the insurance from almost 6 months to almost one year. However we are not qualified for the goverment aid. Unemployment benifit people have given be 28 weeks instead of 54 weeks (in CA). One of my friend in Mass (boston) got 30 weeks instead of 59 weeks. So in this case they automatically remove us from goverment benifits.
Apply or not its your personal choice. Research about it from good sources and if you wish apply for it.
Secondly, Unemployment insurance is around 450 to 650 dollars a week and depends on the state. If you decide to apply for it then please think about CONTRIBUTING some dollars to IV.
1. Unemployment benifit is not a goverment aid. Its a insurance which is deducted from every paycheck.
2. Goverment aid has increased the insurance from almost 6 months to almost one year. However we are not qualified for the goverment aid. Unemployment benifit people have given be 28 weeks instead of 54 weeks (in CA). One of my friend in Mass (boston) got 30 weeks instead of 59 weeks. So in this case they automatically remove us from goverment benifits.
Apply or not its your personal choice. Research about it from good sources and if you wish apply for it.
Secondly, Unemployment insurance is around 450 to 650 dollars a week and depends on the state. If you decide to apply for it then please think about CONTRIBUTING some dollars to IV.
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gc_chahiye
10-09 04:22 PM
Hi,
I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!
If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!
I am not sure what to do! Can somebody suggest anything!
How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!
ask them to look at Questions 7 and 9 in USCISs own FAQ related to 485 filing and the July VB:
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf [pdf]
Q7: Which fees apply to I-765 and I-131 applications associated with AOS applications filed on or after July 30th under the July Bulletin?
A7. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107. These fees will remain in effect for all such applications filed between July 17 � August 17, 2007.
Q9: Will customers eligible to file adjustment applications under July Visa Bulletin No. 107 have the option to pay the NEW filings fees in connection with adjustment applications filed on or after July 30, 2007 and on or before August 17, 2007?
A9. No, customers will not have the option of paying the new filing fees for adjustment applications.
USCIS has determined that aliens in employment-based categories filing applications pursuant to July Visa Bulletin No. 107 should be subject to the pre-July 30, 2007 fees as that fee schedule would have applied had aliens been allowed to file throughout the month of July
I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!
If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!
I am not sure what to do! Can somebody suggest anything!
How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!
ask them to look at Questions 7 and 9 in USCISs own FAQ related to 485 filing and the July VB:
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf [pdf]
Q7: Which fees apply to I-765 and I-131 applications associated with AOS applications filed on or after July 30th under the July Bulletin?
A7. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107. These fees will remain in effect for all such applications filed between July 17 � August 17, 2007.
Q9: Will customers eligible to file adjustment applications under July Visa Bulletin No. 107 have the option to pay the NEW filings fees in connection with adjustment applications filed on or after July 30, 2007 and on or before August 17, 2007?
A9. No, customers will not have the option of paying the new filing fees for adjustment applications.
USCIS has determined that aliens in employment-based categories filing applications pursuant to July Visa Bulletin No. 107 should be subject to the pre-July 30, 2007 fees as that fee schedule would have applied had aliens been allowed to file throughout the month of July
more...
gc_chahiye
02-17 09:41 PM
U r absolutely wrong. No matter how many years u had on ur H1B, but if u switch over to EAD, ur H1B is history. It just cannot be revived. If u r so in deeply love with H1B, then u will need to reapply and fall under the regular annual quota ...
can you post a link to some website to back up that statement?
From what I know if you were counted under the H1 quota in the last 6 years, you can get off H1 go to EAD and come back to H1 without the need of a new petiton and annual quotas etc:
http://www.shusterman.com/h1bfaqaila.html
2. Is someone who obtained H-1B status three years ago, but has not been maintaining status for the past year, still subject to the quota?
If the individual was in the U.S. during all or part of that year, s/he is not subject to the quota, since AC21 section 103 amends INA section 214(g)(7) to make clear that anyone who already has been counted in the past six years would not be counted again unless eligible for another full six years. However, if the individual had spent that one year outside the U.S., under INS regulations s/he is eligible for another 6 years of H-1B status, and thus would be counted.
can you post a link to some website to back up that statement?
From what I know if you were counted under the H1 quota in the last 6 years, you can get off H1 go to EAD and come back to H1 without the need of a new petiton and annual quotas etc:
http://www.shusterman.com/h1bfaqaila.html
2. Is someone who obtained H-1B status three years ago, but has not been maintaining status for the past year, still subject to the quota?
If the individual was in the U.S. during all or part of that year, s/he is not subject to the quota, since AC21 section 103 amends INA section 214(g)(7) to make clear that anyone who already has been counted in the past six years would not be counted again unless eligible for another full six years. However, if the individual had spent that one year outside the U.S., under INS regulations s/he is eligible for another 6 years of H-1B status, and thus would be counted.
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p_aluri
04-01 05:38 PM
I am sorry to hear about your situation.
Your attorney may be completly wrong about the labor substitution. The USCIS has passed new rule, The labor will be voided once its passed 180days after approval. So the approved labors from your company has no value.
Did you try utilizing AC21 as your 140 approved and the 180days crossed?
Again I am not a lawyer, please talk to experienced attorneys.
Thank you,
Aluri
Hello folks,
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
Your attorney may be completly wrong about the labor substitution. The USCIS has passed new rule, The labor will be voided once its passed 180days after approval. So the approved labors from your company has no value.
Did you try utilizing AC21 as your 140 approved and the 180days crossed?
Again I am not a lawyer, please talk to experienced attorneys.
Thank you,
Aluri
Hello folks,
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
more...
gc_maine2
05-14 12:39 PM
Workvisasforall thanks for your response.
Hi workvisaforall,
I am applying for renewal (paper based) for EAD and AP for both myself and mywife. IS it best to send all the documents ( EAD, AP and related docs) for both of us) in one single packet to USCIS or its best to send each appliction separately? any inputs will be appreciated.
Thanks
sree
QUOTE=workvisasforall;241596]apahilaj-
Please see responses below in color.
Good luck![/QUOTE]
Hi workvisaforall,
I am applying for renewal (paper based) for EAD and AP for both myself and mywife. IS it best to send all the documents ( EAD, AP and related docs) for both of us) in one single packet to USCIS or its best to send each appliction separately? any inputs will be appreciated.
Thanks
sree
QUOTE=workvisasforall;241596]apahilaj-
Please see responses below in color.
Good luck![/QUOTE]
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indyanguy
08-03 12:05 PM
I've been waiting for 400+ days for my NSC-EB3-140 to get processed. Really frustrating!! :mad:
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sixburgh
06-28 04:12 PM
Read the link Immigration: EAD and AP (http://immigrationroad.com/green-card/ead-ap.php), especially the advance parole section.
"However, there is an exception for people in H, L, K or V status: you may return to the US using either an AP or a valid visa (H1, H4, L1 or L2), and it won't jeopardize your AOS application."
"However, there is an exception for people in H, L, K or V status: you may return to the US using either an AP or a valid visa (H1, H4, L1 or L2), and it won't jeopardize your AOS application."
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Macaca
01-22 06:22 PM
My company filed my (non-PERM) LC before I joined the company. I was on H1B with another organization. My LC was approved immediately after I joined the company.
I don't know if there is a point at which the person should join the company that has already started processing his/her GC. I know that you can get GC before joining the company processing your GC; for example, if person is not in the country.
All,
Please help with contributions. If you have contributed, please help in contributions from other persons. Thanks.
I don't know if there is a point at which the person should join the company that has already started processing his/her GC. I know that you can get GC before joining the company processing your GC; for example, if person is not in the country.
All,
Please help with contributions. If you have contributed, please help in contributions from other persons. Thanks.
more...
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alisa
08-03 12:10 PM
I've been waiting for 400+ days for my NSC-EB3-140 to get processed. Really frustrating!! :mad:
Received by USCIS on June 4th 2007. Have been waiting since.
So 400+ days for me too...
Received by USCIS on June 4th 2007. Have been waiting since.
So 400+ days for me too...
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srikondoji
07-02 01:55 PM
In the month of June, USCIS employees had too much of Red Bull during normal business hours, otherwise they wouldnot have become so efficient/robotic all of a sudden.
How on earth could they take 7-8 months for 80,000 approvals and then finish the 60,000 approvals in just less than a month?
Did DOS played a hardball with USCIS?
By making all current in the month of JULY, DOS might have blackmailed USCIS to act fast on pending applications. If not, DOS will overburden them by infinite I-485 applications from july onwards. Finally when USCIS did its job, DOS revised the bulletin and took back what they said a fornight ago.
Clearly, DOS and USCIS have lot to explain and come clean on the whole mess up. With no new information between june 14th and July 2nd, how could they turn 180 degrees?
Anyone with math 101 class could have imagined that making everybody current from july onwards was stupid. All they had to had to do was move the PD for just a month or two. But again, they did what they have done and we have to bear the consequences.
Allegations against DOS and USCIS heads
1) They have colluded with doctors and lawyers to make a quick buck.
2) They are 100% inefficient and need to shutdown their shops.
3) They have generated un-ethical profits for staples, gas stations, doctors, lawyers and airline companies and postal services.
There needs to be accountability on their part and own the mess and pay us back every penny.
I simply need my money back or they should come out and say that i can use my same application whenever the PDs become current. In the event that i loose my visa status and i have to leave this country due to any reason, they need to reimburse me all my money.
In just 2 weeks these guys have shattered my dreams.
I had so many plans and they are broken all of a sudden.
No wonder mexicans are smart by not following rules and then protest on streets.
Its time for civil disobedience.
How on earth could they take 7-8 months for 80,000 approvals and then finish the 60,000 approvals in just less than a month?
Did DOS played a hardball with USCIS?
By making all current in the month of JULY, DOS might have blackmailed USCIS to act fast on pending applications. If not, DOS will overburden them by infinite I-485 applications from july onwards. Finally when USCIS did its job, DOS revised the bulletin and took back what they said a fornight ago.
Clearly, DOS and USCIS have lot to explain and come clean on the whole mess up. With no new information between june 14th and July 2nd, how could they turn 180 degrees?
Anyone with math 101 class could have imagined that making everybody current from july onwards was stupid. All they had to had to do was move the PD for just a month or two. But again, they did what they have done and we have to bear the consequences.
Allegations against DOS and USCIS heads
1) They have colluded with doctors and lawyers to make a quick buck.
2) They are 100% inefficient and need to shutdown their shops.
3) They have generated un-ethical profits for staples, gas stations, doctors, lawyers and airline companies and postal services.
There needs to be accountability on their part and own the mess and pay us back every penny.
I simply need my money back or they should come out and say that i can use my same application whenever the PDs become current. In the event that i loose my visa status and i have to leave this country due to any reason, they need to reimburse me all my money.
In just 2 weeks these guys have shattered my dreams.
I had so many plans and they are broken all of a sudden.
No wonder mexicans are smart by not following rules and then protest on streets.
Its time for civil disobedience.
more...
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helterskelter
06-23 08:33 AM
Regarding your status in the country, assuming that you acquired the green card before you married, a green card divorce does not change anything with your immigration status, but it may delay your application for full citizenship. I'm not sure if this is helpful since you've consulted about this topic but here's the link for more information about green card divorce Green Card Divorce - LoveToKnow Divorce (http://divorce.lovetoknow.com/Green_Card_Divorce)
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franklin
06-15 12:33 AM
Hi
Can I file for the I-485 before july 1st 2007?
I doing my medical exam next week on the 20th, that's the earliest i could get in MA.
However i'm going to do my x-ray tomorrow, because i always test positive after the TB test, but x-ray negative. Does it hurt to do the x-ray earlier that the actual TB test (PPD)? my doctor said it does not hurt and he will accept it. Does any one know if there going to be a problem with that ?
thanks for your help.
Not if your priority date became current in the July bulletin, no
It doesn't hurt to get the medical out of the way at all - its valid (from what I've read here) for 1 year. I did mine last month before my PD became current on June 1st
Can I file for the I-485 before july 1st 2007?
I doing my medical exam next week on the 20th, that's the earliest i could get in MA.
However i'm going to do my x-ray tomorrow, because i always test positive after the TB test, but x-ray negative. Does it hurt to do the x-ray earlier that the actual TB test (PPD)? my doctor said it does not hurt and he will accept it. Does any one know if there going to be a problem with that ?
thanks for your help.
Not if your priority date became current in the July bulletin, no
It doesn't hurt to get the medical out of the way at all - its valid (from what I've read here) for 1 year. I did mine last month before my PD became current on June 1st
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number30
03-31 04:20 PM
Thanks for the reply.
How to dispute against this fake criminal record in background check.
Go check the history your self. Ask the conulting company to provide the copy. Check this web site.
http://www.isp.state.id.us/identification/PublicAccessToCriminalHistoryRecordInformation_000 .html
How to dispute against this fake criminal record in background check.
Go check the history your self. Ask the conulting company to provide the copy. Check this web site.
http://www.isp.state.id.us/identification/PublicAccessToCriminalHistoryRecordInformation_000 .html
chanduv23
10-02 02:04 PM
^^^^^^^^^^
LongJourny
02-03 10:54 PM
Hi Guys,
Thought you might interested in my case status. I have visited chennai consulate and my case was approved without any questions raised. They did not even asked any documents for verification. All I submitted were DS 156, DS 157 AND I797. I am glad to share my experience. Thanks for offering suggestions and sharing your experience. :D
Thought you might interested in my case status. I have visited chennai consulate and my case was approved without any questions raised. They did not even asked any documents for verification. All I submitted were DS 156, DS 157 AND I797. I am glad to share my experience. Thanks for offering suggestions and sharing your experience. :D
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