desi3933
03-15 02:57 PM
Thanks.
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
Incorrect, again!
Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).
There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.
_______________________
Not a legal advice.
US citizen of Indian origin
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
Incorrect, again!
Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).
There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.
_______________________
Not a legal advice.
US citizen of Indian origin
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i4u
04-20 07:46 AM
What is IV team's take on marching with this group? Should IV members join in?
Want to know the strategies.........
Want to know the strategies.........
lola
08-21 06:27 PM
apb,
Can you please update on what your lawyer advised to do? I had a misdemeanor (non traffic) charge in 01, that was dismissed as Nolle Prosequi (lack of evidence). I totally forgot about the incident and filed for 485 (self mailed on 6/30) Jul 2nd with out choosing YES. I got the disposition charges from the county court today and I need to update my case before I have further issues. I was NOT finger printed. NO Fines, NO community service, NO Probation and a normal criminal history record check at the county shows NONE. I never had issues with H1B stamping and traveling in and out of US. My labor is not substituted. My 140 is already approved
Can you please send me a PM with what forms your law firm is filing with USCIS? Are they planning to file a motion to reconsider by any chance? (or) Are you just filling another 485 form as an amendment? I don't have my receipts yet. If you can share your law firm info as well in a PM, it would be great.
Itstimenow,
How to send USCIS the document with out RFE? I heard that documentation sent without RFE's do not get the proper treatment. I am not saying that I will not send one in my case, but I would like to know the correct way to send documentation so that I can send the disposition as soon as I get receipts. I am also looking for an attorney and will not be doing this myself. I am just getting info as much as I can here. I am also filing for expungement as soon as I talk with an Immi attorney.
If I hire a different attorney than the company attorney, What kind of documentation would he/she require from my company? My company did not provide me with a copy of labor cert. I have a copy of approved 140. I am assuming I can get a copy of my labor cert through FOIA. Can some confirm that?
Can you please update on what your lawyer advised to do? I had a misdemeanor (non traffic) charge in 01, that was dismissed as Nolle Prosequi (lack of evidence). I totally forgot about the incident and filed for 485 (self mailed on 6/30) Jul 2nd with out choosing YES. I got the disposition charges from the county court today and I need to update my case before I have further issues. I was NOT finger printed. NO Fines, NO community service, NO Probation and a normal criminal history record check at the county shows NONE. I never had issues with H1B stamping and traveling in and out of US. My labor is not substituted. My 140 is already approved
Can you please send me a PM with what forms your law firm is filing with USCIS? Are they planning to file a motion to reconsider by any chance? (or) Are you just filling another 485 form as an amendment? I don't have my receipts yet. If you can share your law firm info as well in a PM, it would be great.
Itstimenow,
How to send USCIS the document with out RFE? I heard that documentation sent without RFE's do not get the proper treatment. I am not saying that I will not send one in my case, but I would like to know the correct way to send documentation so that I can send the disposition as soon as I get receipts. I am also looking for an attorney and will not be doing this myself. I am just getting info as much as I can here. I am also filing for expungement as soon as I talk with an Immi attorney.
If I hire a different attorney than the company attorney, What kind of documentation would he/she require from my company? My company did not provide me with a copy of labor cert. I have a copy of approved 140. I am assuming I can get a copy of my labor cert through FOIA. Can some confirm that?
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freedom2007
10-22 04:26 PM
Yup completely agree with Frostrated..
Me too in Same situation had Masters degree but in 2003 we thought Category wont matter much as dates were current..Hmm look what it got us into now for EB3's
Me too in Same situation had Masters degree but in 2003 we thought Category wont matter much as dates were current..Hmm look what it got us into now for EB3's
more...
__THISRES__71961.jpg "Deathnote Wallpaper - L by")
tb2904
12-21 07:47 PM
1. Fly directly to your home country - No transit visa required and no valid US visa required
2. Fly via any other country - No transit visa required as long as you are not stranded in airport due to delay in first leg of the flight. Also, to board a plane to Europe you have to have a valid US visa. Please read my above post for the past expereinces.
2. Fly via any other country - No transit visa required as long as you are not stranded in airport due to delay in first leg of the flight. Also, to board a plane to Europe you have to have a valid US visa. Please read my above post for the past expereinces.
xgoogle
06-24 08:47 AM
You are saying I can leave the job and still be able to renew her EAD and AP every yr ? Also her I-485 will still be valid ?
more...
indyanguy
01-28 09:10 AM
Here's a brief background:
1. Have EB3 from this company as a Software Engineer 15-1031
2. Have a MS + 3 years PRIOR to joining this company
3. Plan NOT to use experience gained from the current company for EB2
Can someone please help me with which approach will have the highest probability of success with PERM?
1. What title should I use? Since I already have a Software Engineer as EB3, should I be using an Software Analyst title? Which one has better chances of success?
2. What experience should I use? Should it be MS + 1 OR MS + 2 OR MS + 2 with alternative BS + 5? My understanding is that once we add BS+5 as alternate, the wage will be pretty high. I make 90k in IL.
3. Since I am not using experience from current employer, is it okay if the job description is almost the same as the job description for EB3? (I need to provide experience letters from my previous company and there shouldn't be a discrepency with the ones I have submitted for EB3)
Any help is really really appreciated.
1. Have EB3 from this company as a Software Engineer 15-1031
2. Have a MS + 3 years PRIOR to joining this company
3. Plan NOT to use experience gained from the current company for EB2
Can someone please help me with which approach will have the highest probability of success with PERM?
1. What title should I use? Since I already have a Software Engineer as EB3, should I be using an Software Analyst title? Which one has better chances of success?
2. What experience should I use? Should it be MS + 1 OR MS + 2 OR MS + 2 with alternative BS + 5? My understanding is that once we add BS+5 as alternate, the wage will be pretty high. I make 90k in IL.
3. Since I am not using experience from current employer, is it okay if the job description is almost the same as the job description for EB3? (I need to provide experience letters from my previous company and there shouldn't be a discrepency with the ones I have submitted for EB3)
Any help is really really appreciated.
2010 Death Note Wallpaper TWO
txuser
05-06 11:22 PM
Following are the documents I attached while applying for L2.
Your documents
--------------------
- Latest I-94
- Your pending H1B Receipt
- All approval notices (I-797)
- Passport pages
- 2 Pay Stubs
Spouse's documents
--------------------------
- Latest I-94
- Approval notices (I-797)
- Passport pages
- 2 Pay Stubs
- Marriage Certificate
If filing EAD concurrently
------------------------------
- 2 Color photographs (2'' x 2'')
Your documents
--------------------
- Latest I-94
- Your pending H1B Receipt
- All approval notices (I-797)
- Passport pages
- 2 Pay Stubs
Spouse's documents
--------------------------
- Latest I-94
- Approval notices (I-797)
- Passport pages
- 2 Pay Stubs
- Marriage Certificate
If filing EAD concurrently
------------------------------
- 2 Color photographs (2'' x 2'')
more...
gc28262
04-28 09:12 PM
I guess employer need to revoke unused H1Bs as part of H1B rules. Maybe that is the reason employer revoked past H1Bs to keep their side clean.
I remember reading Murthy bullettin where she mentioned back-wages are an issue if H1B is not explicitly revoked.
My guess.
I remember reading Murthy bullettin where she mentioned back-wages are an issue if H1B is not explicitly revoked.
My guess.
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katrina
07-21 04:58 AM
As long as you never out of status from the last time you reenter US (Aug 97) you should be OK and should submit your I485
more...
felix31
11-15 05:16 PM
And dont forget that teacher's H1 also comes under the cap. You would need to get interviewed for a position and get an offer before April 1st, so that application can be received at USCIS on April 1st.
Usually, H1s run out within couple of days, last time it was one day or two days. I forgot the details.
The only way to avail of Masters H1 cap is to have US Masters degree.
Some schools also do J1 for teachers. Try VIF program at www.vifprogram.com
Once you get into the school system you can also go for a masters degree and if the school principle wants to keep you, HR can file for your H1. All that is possible if you immediately file for a Home Country Requirement waiver.
It sounds complicated, but for teachers this may be the only open route.
H1 visas are in such high demand anyway.
Hope this helps!
Good luck!
Usually, H1s run out within couple of days, last time it was one day or two days. I forgot the details.
The only way to avail of Masters H1 cap is to have US Masters degree.
Some schools also do J1 for teachers. Try VIF program at www.vifprogram.com
Once you get into the school system you can also go for a masters degree and if the school principle wants to keep you, HR can file for your H1. All that is possible if you immediately file for a Home Country Requirement waiver.
It sounds complicated, but for teachers this may be the only open route.
H1 visas are in such high demand anyway.
Hope this helps!
Good luck!
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ajay_hyd
06-21 11:45 AM
My case was approved yesterday. EB3/NSC - India - PD June 02 - RD April 04.
thanks and good luck to all who are waiting. i will send an additional check to immigrationvoice soon.
thanks and good luck to all who are waiting. i will send an additional check to immigrationvoice soon.
more...
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Hewa
09-21 10:26 PM
Did everyone get receipt and transfer notice? I ask because I only got Transfer notice, and lawyer is not responding about whether he received a receipt notice(with July 2nd date ) also.
TIA
I485, EAD applications delivered on 7/23/2007 to NSC.
Transfer Notice says I485 transfered to TSC from CSC
Transfer Notice has receipt date Sept. 14
Transfer Notice has notice date Sept. 17
Transfer Notice receipt starts with WAC
No other receipt for I485 or EAD.
I140 Approved Nov. 14 2006 NSC
EB3 ROW
TIA
I485, EAD applications delivered on 7/23/2007 to NSC.
Transfer Notice says I485 transfered to TSC from CSC
Transfer Notice has receipt date Sept. 14
Transfer Notice has notice date Sept. 17
Transfer Notice receipt starts with WAC
No other receipt for I485 or EAD.
I140 Approved Nov. 14 2006 NSC
EB3 ROW
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chandrajp
06-21 12:10 PM
You would need afidavits from your parents and a close relative. IF you dont have a birth certificate with your name, registered on the day you were born and the certificate is dated close to your dob then you WILL need afidavits.
It very simple, just send the format by mail to your parents and ask them to buy stamp papers and get it typed and then sign in front of notory and notory will attest and sign. Then ask them to scan it and send it to you. You just take a print out and give it to your lawyer including your birth certificate you took in 2005.
Good Luck!
You need 2 affidavits from 2 close relatives(one from each) who are atleast 10 years older than you
It very simple, just send the format by mail to your parents and ask them to buy stamp papers and get it typed and then sign in front of notory and notory will attest and sign. Then ask them to scan it and send it to you. You just take a print out and give it to your lawyer including your birth certificate you took in 2005.
Good Luck!
You need 2 affidavits from 2 close relatives(one from each) who are atleast 10 years older than you
more...
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jkays94
05-30 10:10 PM
Keep in mind the consequences of the new bill. Any I-140s filed after May 21 (or 15 depends where you are reading) will be invalidated. If I was you and my PD is current, I would take the risk and hang in there, get I-485 filed and bite the bullet for 6 months or 1 year (again depending on how the bill turns out)
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Desichakit
09-15 03:01 PM
Hi Sachug22,
There will not be any co-relation of EB2 and EB3 as dates are different
There will not be any co-relation of EB2 and EB3 as dates are different
more...
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eb2_mumbai
10-16 11:05 AM
eb2_mumbai,
Most your recent postings are logical but still so much red here- I gave you green.
Thanks for the green gbof. Last Friday I was on 3 green's and then I started to write on this thread for H4 work permits and went down to 8 RED's and then now on 6 Red's so I guess its been a roller coaster ride for me. :-)
Just a warning to folks I have a strong feeling that perhaps EAD renewal might be a good place for IO to demand a fresh EVL. That is based on assumption that it goes to same level/ group of IO who adjudicates 485. If there are different groups that look at 765 & 485 then I guess all they care is to look up the system to see if 485 is pending and then approve 765 (which is normal workflow). I still think this is what they will follow because otherwise every 765 application (proimary) will result in RFE which is additional workload for CIS. They would just add it to required documents to make it easy on all of us.
Most your recent postings are logical but still so much red here- I gave you green.
Thanks for the green gbof. Last Friday I was on 3 green's and then I started to write on this thread for H4 work permits and went down to 8 RED's and then now on 6 Red's so I guess its been a roller coaster ride for me. :-)
Just a warning to folks I have a strong feeling that perhaps EAD renewal might be a good place for IO to demand a fresh EVL. That is based on assumption that it goes to same level/ group of IO who adjudicates 485. If there are different groups that look at 765 & 485 then I guess all they care is to look up the system to see if 485 is pending and then approve 765 (which is normal workflow). I still think this is what they will follow because otherwise every 765 application (proimary) will result in RFE which is additional workload for CIS. They would just add it to required documents to make it easy on all of us.
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InTheMoment
06-19 09:32 PM
You have no option here dear ! NSC is the only place where you would file your concurrent application !
Check www.uscis.gov/I-485
Check www.uscis.gov/I-485
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priderock
09-01 01:49 PM
Got the email this morning...
EB2I
PD : 10/04
RD : 07/02/07
Beat the 10 year deadline by couple of months :)
EB2I
PD : 10/04
RD : 07/02/07
Beat the 10 year deadline by couple of months :)
kzinjuwadia
05-13 11:48 PM
If your PD is in May'06 or early Jun'06, I think paying a visit to USCIS center won't hurt. Checking online status is a waste of time. At least you'll know what's going on with it. The IO I went to was very nice lady and gave me all the details. I thought that there would a line of GC aspirants like me :) waiting in USCIS center (in bay area) but to my surprise it was empty! Hope this helps
ak_2006
05-05 06:04 PM
On home page clikc on forums. Then select a topic. You should see new thread there.
Thanks for the quick reply...Got it.
Thanks for the quick reply...Got it.
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