shana04
02-23 01:51 PM
Basically, if your 485 is pending for more than 180 days and you lose job, then technically you can start using EAD and move on using AC21.
Chandu, my question is not whether HR dept can handle it properly or not.
My intention/question here is if an applicant is on H1 (most of the cases 5th or 6th yr of H1) and then loose the job and until he finds other job (has EAD but never used it) the applicant does not have payroll running during the break. then technically is he ok or does he has to maintain h1 status or does EAD protect him.
Coz until he finds a job and files for AC21 an applicant does not do any thing.
And what do you mean by satisfy AC21 criteria. unless you find a job you cannot file AC21....so during the gap (what is the status of this gap?...technically I am trying to find an answer. please point me to a link or document. If you are aware of it, else can IV find an answer to it)
"f you lost job on h1b and satisfy AC21 criteria then you are in pending AOS state and use EAD to work."
Chandu, thanks for at least answering my question.
Good luck for you!
Chandu, my question is not whether HR dept can handle it properly or not.
My intention/question here is if an applicant is on H1 (most of the cases 5th or 6th yr of H1) and then loose the job and until he finds other job (has EAD but never used it) the applicant does not have payroll running during the break. then technically is he ok or does he has to maintain h1 status or does EAD protect him.
Coz until he finds a job and files for AC21 an applicant does not do any thing.
And what do you mean by satisfy AC21 criteria. unless you find a job you cannot file AC21....so during the gap (what is the status of this gap?...technically I am trying to find an answer. please point me to a link or document. If you are aware of it, else can IV find an answer to it)
"f you lost job on h1b and satisfy AC21 criteria then you are in pending AOS state and use EAD to work."
Chandu, thanks for at least answering my question.
Good luck for you!
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gcseeker2002
12-10 04:53 PM
Is the use of EAD possible from 180 days after Receipt date or notice date ? I just crossed the 160 day mark, but I still dont have EAD. Can I use the requirement to use EAD(like a pending job offer) as a reason for Emergency to expedite my EAD, the uscis folks want some real reason to expedite the EAD application.
dummgelauft
09-07 03:07 PM
Bump
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royus77
10-14 03:07 PM
I am exactly doing the same thing that anandrajesh mentioned above. I have my tickets booked for Nov 21st and its already more than 60 days for me. I have called them to expedite it. will be faxing the documents and letter to local congressman and uscis ombudsman today. I am not even sure why we pay so much of money to these people and do all this to just do their work. But what can we do, we are at their mercy.
Me too !! My ticket were for Nov 3 and i am waiting for the last 54 days ..just requested USICS to expediate the AP based on financial loss ...
Me too !! My ticket were for Nov 3 and i am waiting for the last 54 days ..just requested USICS to expediate the AP based on financial loss ...
more...
vivekm1309
03-18 10:18 AM
USCIS teleconferences for March are as follows:
�Requests for Evidence (RFEs): How Do They Affect You?�
Friday, March 28, 2:00-3:00 EST
�The Green Card Production Process: How Is The Process Working For You?�
Friday, March 28, 3:30-4:30 EST
We look forward to hearing your comments, thoughts, and suggestions for improvement as well as any best practices you have noticed.
To participate in these calls, please RSVP to cisombudsman.publicaffairs@dhs.gov. Please also indicate how you learned about the program as well as the city and state from which you are calling. We will acknowledge your RSVP and provide the call-in information before the calls.
If you are unable to participate in these calls, stay tuned for similar upcoming programs which will be posted on our website, www.dhs.gov/cisombudsman. Also, if you have a topic of interest for a future call, please send it to cisombudsman.publicaffairs@dhs.gov.
To receive automatic notifications about changes to our website, please sign up on our website at www.dhs.gov/cisombudsman.
We appreciate your participation,
CIS Ombudsman�s Office
�Requests for Evidence (RFEs): How Do They Affect You?�
Friday, March 28, 2:00-3:00 EST
�The Green Card Production Process: How Is The Process Working For You?�
Friday, March 28, 3:30-4:30 EST
We look forward to hearing your comments, thoughts, and suggestions for improvement as well as any best practices you have noticed.
To participate in these calls, please RSVP to cisombudsman.publicaffairs@dhs.gov. Please also indicate how you learned about the program as well as the city and state from which you are calling. We will acknowledge your RSVP and provide the call-in information before the calls.
If you are unable to participate in these calls, stay tuned for similar upcoming programs which will be posted on our website, www.dhs.gov/cisombudsman. Also, if you have a topic of interest for a future call, please send it to cisombudsman.publicaffairs@dhs.gov.
To receive automatic notifications about changes to our website, please sign up on our website at www.dhs.gov/cisombudsman.
We appreciate your participation,
CIS Ombudsman�s Office
bijualex29
05-11 02:53 PM
bkarnik is absolutely correct;
more...
rahulpaper
08-22 02:21 PM
....The online status says 485 received and pending." means?
Did you apply 485 in August 07 and already your status is showing pending? Did you receive a receipt notice?
Please enlighten ?
I have April 04 priority date (EB3/India). 485 received in Aug 07. The online status says 485 received and pending. What is the expected next status (whenever it will happen). For example, if your case (name) is for FBI Name Check process, will the status say something like that? What are the different status between receipt and APPROVAL(/denied)? Any experience holders???
Did you apply 485 in August 07 and already your status is showing pending? Did you receive a receipt notice?
Please enlighten ?
I have April 04 priority date (EB3/India). 485 received in Aug 07. The online status says 485 received and pending. What is the expected next status (whenever it will happen). For example, if your case (name) is for FBI Name Check process, will the status say something like that? What are the different status between receipt and APPROVAL(/denied)? Any experience holders???
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axp817
06-09 11:30 PM
Federal law does allow H-1Bs to purchase firearms if they have lived in the US (Same residence, if you move, the clock is reset) continuously (if you leave the country, the clock is again reset) for 90 days and fall under one of the 4 exceptions listed below.
- Possess a valid (unexpired) hunting license issued by any state in the US
- Are a Law enforcement officer from a foreign nation, here on official duty
- in the US to participate in a shooting sports competition
- get a waiver from the Attorney General
The easiest of these 4 exceptions is the Hunting license exception.
Once you meet the above mentioned criteria, you are okay, per federal law to possess a firearm. Doesn't matter what non-immigrant visa you are on (H-1B, F-1, AOS).
Next step is to check whether your state has additional restrictions. I don't think any states completely bars non-citizens from possessing firearms (atleast none of the states that I have lived in do), although some states have restrictions on the type of firearms non citizens can buy. e.g. in MA, non-citizens (including GC holders) can't buy handguns or high powered semi auto rifles (ARs, AKs) but they can buy non-large capacity rifles and shotguns.
As someone pointed out, trying out guns at a public range which has rentals is a great way to introduce oneself to the sport, learn basic firearm operation and safety, and to try a wide variety of guns and calibers.
- Possess a valid (unexpired) hunting license issued by any state in the US
- Are a Law enforcement officer from a foreign nation, here on official duty
- in the US to participate in a shooting sports competition
- get a waiver from the Attorney General
The easiest of these 4 exceptions is the Hunting license exception.
Once you meet the above mentioned criteria, you are okay, per federal law to possess a firearm. Doesn't matter what non-immigrant visa you are on (H-1B, F-1, AOS).
Next step is to check whether your state has additional restrictions. I don't think any states completely bars non-citizens from possessing firearms (atleast none of the states that I have lived in do), although some states have restrictions on the type of firearms non citizens can buy. e.g. in MA, non-citizens (including GC holders) can't buy handguns or high powered semi auto rifles (ARs, AKs) but they can buy non-large capacity rifles and shotguns.
As someone pointed out, trying out guns at a public range which has rentals is a great way to introduce oneself to the sport, learn basic firearm operation and safety, and to try a wide variety of guns and calibers.
more...
desi3933
02-02 02:19 PM
Thanks for the reply , let me file the H1 transfer with Employer2 now in "Premium route" with the I-140 approval from Employer1 and see if we get a approval. Once i get a approval , i think stamping it wont be an issue after 7-8 months even thought Employer1 has revoked that I-140 ?
However i want to clear even if the Employer1 revokes this I-140 my PD still remains locked - right ???
This is not clear for retaining a priority date when I-140 is revoked. As per a US CIS memorandum, when I-140 is revoked for misrepresentation or fraud, person won't be able to carry the PD over. On the other hand, there are regulations that state that beneficiary would no longer be able to carry over the priority date in the event of I-140 being revoked.
Please note that the memorandum does not have the force of law.
____________________
Not a legal advice.
US Citizen of Indian Origin
However i want to clear even if the Employer1 revokes this I-140 my PD still remains locked - right ???
This is not clear for retaining a priority date when I-140 is revoked. As per a US CIS memorandum, when I-140 is revoked for misrepresentation or fraud, person won't be able to carry the PD over. On the other hand, there are regulations that state that beneficiary would no longer be able to carry over the priority date in the event of I-140 being revoked.
Please note that the memorandum does not have the force of law.
____________________
Not a legal advice.
US Citizen of Indian Origin
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eb3retro
04-25 11:34 PM
once again IV has proved that it is doing a marvellous job.
more...
niklshah
08-25 08:45 AM
please post the list of document required for E-file AP ?
thanks
thanks
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windingroad
03-02 02:23 PM
Have we considered putting up ads in Indian/Chinese community
magazines like India Currents, Siliconeer ? It might work out to be
cheaper than online ads on Sulekha. I presume these magazines have
pretty good readership since most of them are distributed for free.
Also, it would give us good visibility if we could get one of these magazines
to do an article on EB retrogression and mention IV efforts as part of it.
magazines like India Currents, Siliconeer ? It might work out to be
cheaper than online ads on Sulekha. I presume these magazines have
pretty good readership since most of them are distributed for free.
Also, it would give us good visibility if we could get one of these magazines
to do an article on EB retrogression and mention IV efforts as part of it.
more...
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micofrost
05-13 05:13 PM
Why cant you guys understand, we have no right to demand.
Lot of people , who otherwise would have qualified for Eb2 went ahead with EB3. First of all why did you you agree to it. Because, that time, that was something easy to get instead of changing it to EB2. That was the fight under your control. Not the one you are asking for.
Someone rightly said, you need one scientist,2 qualified/experience guys and 6 eb3 guys to do actual work. A right pyramid for an organisation.
But how can you miss govt. requirement. They need more PhDs. So they are asking us to do more study, earn more higher advanced degrees because thats what they need. Not our so called BE/Btech degree. In another 4-5 years, I wont be surprised, if only guys with masters will be only allowed to apply, if they find equal number of master graduates. Who cares for ordinary graduates. EB3 min qual will be raised to Masters with 5 years experience. What will be your say then ?
So look ahead and act accordingly. Make sure you can anticpate their moves. Its not a rocket science. 6-7 years back, there wasnt much application for EB category. But looking at the last year number, I wont be suprised, if they decide to raise the criteria bar. Simple, and all backlogs will be over. The reason they are not doing this because they still need eb3/eb2. But not in quantity, you would like them to but rather what they would like to have.
As far as country uota is concerned, everyone knows China and India, over populous contry. You increase the number to a million, and that would also fall short. But then they do not want so many people from a single country, as it will have a lot of political ramification in the future.
Lot of people , who otherwise would have qualified for Eb2 went ahead with EB3. First of all why did you you agree to it. Because, that time, that was something easy to get instead of changing it to EB2. That was the fight under your control. Not the one you are asking for.
Someone rightly said, you need one scientist,2 qualified/experience guys and 6 eb3 guys to do actual work. A right pyramid for an organisation.
But how can you miss govt. requirement. They need more PhDs. So they are asking us to do more study, earn more higher advanced degrees because thats what they need. Not our so called BE/Btech degree. In another 4-5 years, I wont be surprised, if only guys with masters will be only allowed to apply, if they find equal number of master graduates. Who cares for ordinary graduates. EB3 min qual will be raised to Masters with 5 years experience. What will be your say then ?
So look ahead and act accordingly. Make sure you can anticpate their moves. Its not a rocket science. 6-7 years back, there wasnt much application for EB category. But looking at the last year number, I wont be suprised, if they decide to raise the criteria bar. Simple, and all backlogs will be over. The reason they are not doing this because they still need eb3/eb2. But not in quantity, you would like them to but rather what they would like to have.
As far as country uota is concerned, everyone knows China and India, over populous contry. You increase the number to a million, and that would also fall short. But then they do not want so many people from a single country, as it will have a lot of political ramification in the future.
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rashu_gulati
08-18 12:32 PM
Called USCIS on friday and asked them to expedite since i can lose by job. current ead expires on sept 5 th and filed renewal on june 24th. I see so many cases getting approved with much later dates.
Any sugestions on what steps to follow?
my company won't let me work even 1 day after ead expiration
Any sugestions on what steps to follow?
my company won't let me work even 1 day after ead expiration
more...
pictures Used Lancia Ypsilon 2000
DallasBlue
09-08 12:53 AM
Trust me my friend, I have seen it happen all the time, from large Telecom firm to Govt., its always there, most of the consultants just doesn't come to know about it, but the cut for the managers is there in some form, almost always. Why do each manager has a specific vendor through whom they want to hire most of the time? What else is the reason for the client to pay the consulting company $180/hr but they won't give 'valueablehurdle' anything more than $50-60/hr?
On a different note, now that NSG approved the waiver, most desi uncles, some of them are also owners of desi consulting companies will claim that they are the father of Nuclear deal. These bastards (sorry for my french) always oppose any GC fix and they tell their favorite congressman/senator (each has atleast one favorite politician for whom they do fund raisers) that gc backlog is not an important issue for the community. India Abroad, Times of India, rediff and other desi portals/newspapers will write 'Oliver North' style stories about these desi uncles knowing well that companies like GE etc put their weight behind the deal as it will create commerce to commerce over $20 billion/yr. But desi uncles/orgs will not stop claiming to be the father of nuclear deal. The fact is, most of these desi uncles made noise not because they wanted to do something for their country of birth, they are doing it because they think that if the nuclear deal passes, they can play middle man for US companies to sell the technology/material to Indian companies/govt. Most of the so called 'united voice of Indian-Americans on the Hill' organization's goal is to make big bucks by playing 'middle man' for companies wanting to sell technology to India. And as always, just as 'valuablehurdle''s client (paying $180/hr) Indian govt. will pay double the cost. These desi companies have squeezed blood of people waiting for gc, but now they think its time to move on to play big game with the big boys. These desi uncles/orgs are going nuclear.... time for Rediff and India Abroad to play Oliver North. Sometimes the line between capitalism and cycle of corruption is extremely blur. The problem is, these desi uncles/orgs claim to be representatives of entire Indian-American community, sometimes the entire immigrant community. They don't know more than 100 people, but they claim to be the leaders of all 2.5 million indian americans. Sorry for my french, but these bastards are the owners of desi consulting firms who have done a lot of harm to many communities.
I think IV should compete openly with USINPAC which realistically doesnt have any grassroots support.
http://www.usinpac.com/immigration.asp , guess they amended the last paragraph just this month... and still they dont support/raise the EB based greencard issues...
On a different note, now that NSG approved the waiver, most desi uncles, some of them are also owners of desi consulting companies will claim that they are the father of Nuclear deal. These bastards (sorry for my french) always oppose any GC fix and they tell their favorite congressman/senator (each has atleast one favorite politician for whom they do fund raisers) that gc backlog is not an important issue for the community. India Abroad, Times of India, rediff and other desi portals/newspapers will write 'Oliver North' style stories about these desi uncles knowing well that companies like GE etc put their weight behind the deal as it will create commerce to commerce over $20 billion/yr. But desi uncles/orgs will not stop claiming to be the father of nuclear deal. The fact is, most of these desi uncles made noise not because they wanted to do something for their country of birth, they are doing it because they think that if the nuclear deal passes, they can play middle man for US companies to sell the technology/material to Indian companies/govt. Most of the so called 'united voice of Indian-Americans on the Hill' organization's goal is to make big bucks by playing 'middle man' for companies wanting to sell technology to India. And as always, just as 'valuablehurdle''s client (paying $180/hr) Indian govt. will pay double the cost. These desi companies have squeezed blood of people waiting for gc, but now they think its time to move on to play big game with the big boys. These desi uncles/orgs are going nuclear.... time for Rediff and India Abroad to play Oliver North. Sometimes the line between capitalism and cycle of corruption is extremely blur. The problem is, these desi uncles/orgs claim to be representatives of entire Indian-American community, sometimes the entire immigrant community. They don't know more than 100 people, but they claim to be the leaders of all 2.5 million indian americans. Sorry for my french, but these bastards are the owners of desi consulting firms who have done a lot of harm to many communities.
I think IV should compete openly with USINPAC which realistically doesnt have any grassroots support.
http://www.usinpac.com/immigration.asp , guess they amended the last paragraph just this month... and still they dont support/raise the EB based greencard issues...
dresses Anno 1998. Lancia y 1 1
shirish
05-21 01:53 PM
I think it is still June 29 2007
so TSC processing time actually retrogressed this month by 8 days if it is at June 21. For times of April, it shows that they are processing June 29, 2008.
what is going on man. when will they get to Aug 7. but then again, if EB3 is not avaialable then what si the point.
so TSC processing time actually retrogressed this month by 8 days if it is at June 21. For times of April, it shows that they are processing June 29, 2008.
what is going on man. when will they get to Aug 7. but then again, if EB3 is not avaialable then what si the point.
more...
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EkAurAaya
05-15 09:15 AM
PD is March 2003, I'm also leaning towards AOS
As APNAIR2002 pointed out it could take 45 days to 3 months and luck has not been on my side in this matter :D up until yesturday
As APNAIR2002 pointed out it could take 45 days to 3 months and luck has not been on my side in this matter :D up until yesturday
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axp817
05-14 08:27 AM
I won't be able to make it, but I plan to contribute to help cover airfare or a couple nights' stay for someone else that goes.
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nc14
09-22 06:25 PM
I still see
By Direction of the Chairman
09/23/2008
Full Committee
1:00 P.M. in 2141 Rayburn House Office Building
Continued Committee Markup of: H.R. 6598, H.R. 5882, H.R. 5924, H.R. 5950, and
To consider: a resolution and report recommending to the Hous of Representatives that Attorney General Michael B. Mukasey be cited for contempt of Congress
I am not sure why someone said that it is scheduled for 24th.
I've started calling and made first call to the chairman's office. I told the man that I'd called to express my grattitude and thank the chairman. Then I requested the chairman to take a yes/no vote on this bill and to take the bill to its logical conclusion, at least in the Jud Committee.
Please remember, "thank you" packs awesome power and all members should convery their thanks to the chairman and request a vote on the bill for logical conclusion.
I have not finished calling yet and I iwll update the poll only after I have made all the calls. From this thread it looks like the hearing is on 24th. If that is the case I will make the calls tomorrow so that I could actually talk to someone.
By Direction of the Chairman
09/23/2008
Full Committee
1:00 P.M. in 2141 Rayburn House Office Building
Continued Committee Markup of: H.R. 6598, H.R. 5882, H.R. 5924, H.R. 5950, and
To consider: a resolution and report recommending to the Hous of Representatives that Attorney General Michael B. Mukasey be cited for contempt of Congress
I am not sure why someone said that it is scheduled for 24th.
I've started calling and made first call to the chairman's office. I told the man that I'd called to express my grattitude and thank the chairman. Then I requested the chairman to take a yes/no vote on this bill and to take the bill to its logical conclusion, at least in the Jud Committee.
Please remember, "thank you" packs awesome power and all members should convery their thanks to the chairman and request a vote on the bill for logical conclusion.
I have not finished calling yet and I iwll update the poll only after I have made all the calls. From this thread it looks like the hearing is on 24th. If that is the case I will make the calls tomorrow so that I could actually talk to someone.
prabasiodia
07-15 02:44 PM
1. Recapture unused visas identified by USCIS Ombudsman
2. Remove spouse and children from the numerical limit
3. Either remove country wise (diversity) quota or increase it to some respectable limits that adheres to true representation based on population and the country’s immigration quotient.
4. What about automatic GC, say after 8 or 9 or 10 years in H1/L1 status?
5. Last of all, all the recaptured numbers should go to the persons based on the very first Port Of Entry date with continuous status. It doesn’t matter whether you came on F1 went to H1 then H4. The very first POE date should rule and people that have been languishing for years should get a reprieve. It’ll only be fair that a person that came on 1999 on whatever category gets a visa first than a late comer in 2005. PD is illogical since many of us had to change jobs and do what not and start afresh and still saw no light at the end of the tunnel.
2. Remove spouse and children from the numerical limit
3. Either remove country wise (diversity) quota or increase it to some respectable limits that adheres to true representation based on population and the country’s immigration quotient.
4. What about automatic GC, say after 8 or 9 or 10 years in H1/L1 status?
5. Last of all, all the recaptured numbers should go to the persons based on the very first Port Of Entry date with continuous status. It doesn’t matter whether you came on F1 went to H1 then H4. The very first POE date should rule and people that have been languishing for years should get a reprieve. It’ll only be fair that a person that came on 1999 on whatever category gets a visa first than a late comer in 2005. PD is illogical since many of us had to change jobs and do what not and start afresh and still saw no light at the end of the tunnel.
rayoflight
05-07 02:17 PM
Hi Pappu,
I missed out last time but I Registered for the event and feeling proud to be part of US HISTORY through IV.
Cheers,
Rayoflight
I missed out last time but I Registered for the event and feeling proud to be part of US HISTORY through IV.
Cheers,
Rayoflight
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