imh1b
06-01 01:04 PM
The idea is good, but who will work on it and why? Where are all the people who want it? Most people already have EADs.
ananthd
09-17 10:25 PM
Hi Guys,
My wife was on a H1B visa with a company until June 2010. She is no longer working and her Her H1B visa is now expired.
I am in the final stage of my green card process and we have both EAD and Advance parole. Since we have valid EADs and Advance Parole documents, we didn�t bother to pursue a H4 dependent visa for her. We are planning to go to Thailand next week for a 10 day vacation. I just want to confirm that she will be able to come back into the US with her Advance Parole document which is valid until June 2011.
I would really appreciate your quick response since we are looking to purchase tickets in the next couple hours.
Thanks and have a great weekend,
My wife was on a H1B visa with a company until June 2010. She is no longer working and her Her H1B visa is now expired.
I am in the final stage of my green card process and we have both EAD and Advance parole. Since we have valid EADs and Advance Parole documents, we didn�t bother to pursue a H4 dependent visa for her. We are planning to go to Thailand next week for a 10 day vacation. I just want to confirm that she will be able to come back into the US with her Advance Parole document which is valid until June 2011.
I would really appreciate your quick response since we are looking to purchase tickets in the next couple hours.
Thanks and have a great weekend,
Oasis52
05-16 08:37 AM
Hi
Thanks for the replies
Actually I posted this same question on Lawbench.com (paid service) and one of thier lawyers provided me with this asnwer:
You cannot leave the United States while a change of employer petition is pending. Unless, that petition requests for Consular Processing. You would need to show your valid passport, H-1B visa, and current approval notice for Co B. Yes, you can enter with Company A's visa stamp.
If you cannot wait in the US for Company B's petition to be approved, you would need consular process the petition and travel with the approval notice.
My concern comes is WHAT SHE MEANS BY CONSULAR PROCESSING? Does it applies to Consular Processing?
Also what about H1 Protability 2001 ACT which says if transfer is in process, one can enter the country just on receipt?
Thanks for the replies
Actually I posted this same question on Lawbench.com (paid service) and one of thier lawyers provided me with this asnwer:
You cannot leave the United States while a change of employer petition is pending. Unless, that petition requests for Consular Processing. You would need to show your valid passport, H-1B visa, and current approval notice for Co B. Yes, you can enter with Company A's visa stamp.
If you cannot wait in the US for Company B's petition to be approved, you would need consular process the petition and travel with the approval notice.
My concern comes is WHAT SHE MEANS BY CONSULAR PROCESSING? Does it applies to Consular Processing?
Also what about H1 Protability 2001 ACT which says if transfer is in process, one can enter the country just on receipt?
sk.aggarwal
11-11 08:03 PM
I have never heard about this before, but if I were you I would:
1. Immediately request transcripts from college in sealed envelope, exactly as requested.
2. I dont think sending notarized copies will work, because notaries normally dont attest document, owner of the document does that and they just say that it is your signature. As per my understanding you will need to send the originals as requested. But with it you can safely send a letter asking them to send the documents back. Include a prepaid fedex envelop.
Worst case, they will loose these documents but you can get them reissued from university. But if you dont send documents as requested your application could be denied.
Its amazing the extent USCIS will go to make our lives tough
1. Immediately request transcripts from college in sealed envelope, exactly as requested.
2. I dont think sending notarized copies will work, because notaries normally dont attest document, owner of the document does that and they just say that it is your signature. As per my understanding you will need to send the originals as requested. But with it you can safely send a letter asking them to send the documents back. Include a prepaid fedex envelop.
Worst case, they will loose these documents but you can get them reissued from university. But if you dont send documents as requested your application could be denied.
Its amazing the extent USCIS will go to make our lives tough
more...
msp1976
05-26 11:44 AM
Thank you to you all...
Core team,
QGA Associates,
Staff of senators,
Senators,
You guys have worked hard and your efforts are appreciated....
Core team,
QGA Associates,
Staff of senators,
Senators,
You guys have worked hard and your efforts are appreciated....
mpadapa
08-15 02:28 PM
give the guy some credit. He might have taken the risk by jumping in the PERM bandwagon early while many like me took safe approach by filing traditional LC:mad:
One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.
One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.
more...
speddi
10-05 10:43 AM
Hi,
I am a July 2nd filer and I got my receipt notices, EADs and completed the FP too. I didnt get the AP yet but my wife's AP shows as approved. When I talked to an IO couple of days ago, she said my AP is approved but they didnt update the website. I called USCIS Customer Service today 3 to 4 (it seems they keep track of it) times and each gave me a different information. Sometimes they said they have Aug 17th as the receipt date but my receipt date is July 2nd(on the RN) and Aug 20th is the ND. So, I dont know what this Aug 17th date is and they say that is what they have in their systems as received date and I am still in the processing time. I am confused. According to my attorney, my wife's AP shudnt have been approved without my AP getting approved since I am the primary applicant.
Do I need to worry or just wait some more days? I am mainly worried that they have the wrong date as receipt date in their system and it might affect on future processing.
Thank you for any kind of input.
I am a July 2nd filer and I got my receipt notices, EADs and completed the FP too. I didnt get the AP yet but my wife's AP shows as approved. When I talked to an IO couple of days ago, she said my AP is approved but they didnt update the website. I called USCIS Customer Service today 3 to 4 (it seems they keep track of it) times and each gave me a different information. Sometimes they said they have Aug 17th as the receipt date but my receipt date is July 2nd(on the RN) and Aug 20th is the ND. So, I dont know what this Aug 17th date is and they say that is what they have in their systems as received date and I am still in the processing time. I am confused. According to my attorney, my wife's AP shudnt have been approved without my AP getting approved since I am the primary applicant.
Do I need to worry or just wait some more days? I am mainly worried that they have the wrong date as receipt date in their system and it might affect on future processing.
Thank you for any kind of input.
nonimmi
06-20 01:44 PM
If the visa is already expired, you better wait to get the travel documents (AP) so you don't need to go for stamping.
If you use AP to go and return without stamping new H1, can you continue working with H1 or you've to use EAD? And if you use EAD, can you be with current employer?? This is confusing!! :confused:
If you use AP to go and return without stamping new H1, can you continue working with H1 or you've to use EAD? And if you use EAD, can you be with current employer?? This is confusing!! :confused:
more...
vasired
08-10 03:47 PM
u can read it on http://blogs.ilw.com/gregsiskind/ or for complete press release
http://www.dhs.gov/xnews/releases/pr_1186757867585.shtm
http://www.dhs.gov/xnews/releases/pr_1186757867585.shtm
intheyan
08-14 06:42 PM
Congrads. Did your dependent got approved I-485?
more...
meridiani.planum
04-06 02:24 AM
I believe the general line of thought is any time between 6 to 12 months.
But I wonder how the AC21 affects this. It seems as though if you invoke AC21 and change employers before getting GC (following all rules like "similar job" etc) , you are not obligated to eventually join back the original GC sponsoring employer after one gets GC.
But if you stick with the same orginal GC sponsoring employer till you get GC, then you are obliged to show good faith intent and have to continue for 6-12 months (although technically USCIS/DOL don't give any specific limits). There is no AC21 kind of provision once you get GC !
there is no difference between using AC-21 or not. When you get your GC, the general line of thinking is that you stay with the current sponsoring employer for 6 months or more. AC-21 is merely a way of changing your 'current sponsoring employer'.
But I wonder how the AC21 affects this. It seems as though if you invoke AC21 and change employers before getting GC (following all rules like "similar job" etc) , you are not obligated to eventually join back the original GC sponsoring employer after one gets GC.
But if you stick with the same orginal GC sponsoring employer till you get GC, then you are obliged to show good faith intent and have to continue for 6-12 months (although technically USCIS/DOL don't give any specific limits). There is no AC21 kind of provision once you get GC !
there is no difference between using AC-21 or not. When you get your GC, the general line of thinking is that you stay with the current sponsoring employer for 6 months or more. AC-21 is merely a way of changing your 'current sponsoring employer'.
willIWill
07-16 01:06 PM
now this is weird... aside from the poster's main question: why does uscis want proof of *continuous employment* since the poster filed for 485? all they should care about is the future job... isnt that right? why do they want employment history?
willIWill, can you please post the exact wording on your RFE regarding that point?
Chi_shark,
Here is the second point 'verbatim':
2. Please submit proof of your continuous employment authorization/maintaining status in the U.S. from 10/1/07 to the present. Such evidence may include copies of:
• Copies of both sides of your Form 1-94 Arrival/Entry Document;
• Copies of both sides of your Form I-20A-B/I-D (F-l students and dependants);
• Copies of both sides of your Form IAP-66;
• Copies of any Form 1-797 approval notice/notice of action;
• Copies of the pages in your passport which show U.S. visas. Immigration admission stamps or other endorsements;
• Copies of any and all Employment Authorization documents issued to you by this Service.
Please provide verification of your F-l nonimmigrant status in the form of letters and transcripts from any and all colleges/universities that you have attended. The letter(s) from the educational institutions should identify your inclusive dates of attendance, if you maintained full-time student status, along with a point of contact and phone numbers for verification purposes.
Photocopies of these documents must be clear and readable. It may be necessary to use a color copier to ensure quality copies.
willIWill, can you please post the exact wording on your RFE regarding that point?
Chi_shark,
Here is the second point 'verbatim':
2. Please submit proof of your continuous employment authorization/maintaining status in the U.S. from 10/1/07 to the present. Such evidence may include copies of:
• Copies of both sides of your Form 1-94 Arrival/Entry Document;
• Copies of both sides of your Form I-20A-B/I-D (F-l students and dependants);
• Copies of both sides of your Form IAP-66;
• Copies of any Form 1-797 approval notice/notice of action;
• Copies of the pages in your passport which show U.S. visas. Immigration admission stamps or other endorsements;
• Copies of any and all Employment Authorization documents issued to you by this Service.
Please provide verification of your F-l nonimmigrant status in the form of letters and transcripts from any and all colleges/universities that you have attended. The letter(s) from the educational institutions should identify your inclusive dates of attendance, if you maintained full-time student status, along with a point of contact and phone numbers for verification purposes.
Photocopies of these documents must be clear and readable. It may be necessary to use a color copier to ensure quality copies.
more...
pandu_hawaldar
09-09 01:04 PM
looks like the website is created in July end. Contact address from FL. It seems to be associated wit telecall (a company, I don't know much..google). I found this by checking whois domain lookup...for this free india call thingy...just an fyi.....don't know how safe?
belmontboy
11-17 02:19 AM
[source: http://www.jackson-hertogs.com/misc/permdesc.htm]
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the AEC application [this step is called "Notice and Consider"]. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff.
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the AEC application [this step is called "Notice and Consider"]. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff.
more...
misha
07-21 10:53 AM
Hi,
I have absolutely the same story happened to my wife.
I'm July 2007 filer, she is a dependent. She never received AP which was approved and mailed on September 2007.
Called USCIS on October, November and December 2007. No results.
Took Infopass on January 2008. We were told that we have to apply for a new one.
On April 2008 we applied for NEW AP. I attached a cover letter, explaining everything and asking to put approval start date from the actual approval date and not the date of expiration of previous AP, which is September 2008 because it was lost. They ignored the letter!
On June 2008 we received new AP with Start Date September 2008.
My wife need to travel on August 2008.
I made infopass appointment on July 2008. I do not have any hope. At least I can try. Going to ask about FBI Name Check.
I read, somebody got AP issued by local CIS office during the infopass. But I think it's rare.
Any suggestions?
Misha
I485 EB3 filed on July 2, 2007
PD: December 2005
I have absolutely the same story happened to my wife.
I'm July 2007 filer, she is a dependent. She never received AP which was approved and mailed on September 2007.
Called USCIS on October, November and December 2007. No results.
Took Infopass on January 2008. We were told that we have to apply for a new one.
On April 2008 we applied for NEW AP. I attached a cover letter, explaining everything and asking to put approval start date from the actual approval date and not the date of expiration of previous AP, which is September 2008 because it was lost. They ignored the letter!
On June 2008 we received new AP with Start Date September 2008.
My wife need to travel on August 2008.
I made infopass appointment on July 2008. I do not have any hope. At least I can try. Going to ask about FBI Name Check.
I read, somebody got AP issued by local CIS office during the infopass. But I think it's rare.
Any suggestions?
Misha
I485 EB3 filed on July 2, 2007
PD: December 2005
jsb
01-29 09:55 AM
Man wish it was true, or atleast let them make the damn thing current again so that i can file 485 for my wife.... atleast she gets EAD to start working......... and i can also get stimulus benefit...
If someone has truely heard that retrogression may end, it may mean that PD cutoffs can not move backward (thus making them think and work before cutoff date movement is decided). This makes sense, and should be the case in any sensible system.
If someone has truely heard that retrogression may end, it may mean that PD cutoffs can not move backward (thus making them think and work before cutoff date movement is decided). This makes sense, and should be the case in any sensible system.
more...
Ramba
03-26 12:16 PM
no, it is not the same position. the two positins have 2 different classifications and requirements. the first position (I have LC certified for) is a financial analyst which requires a bachelor degree. the second position is a senior financial analyst (for which LC was denied) which requires a masters degree and it is supervisory position. I asked my employer to request masters + 2 years experience for the senior position but lawyer said that my experience was acquired while working for the employer (while I was working as a financial analyst) so that experience can not count toward the senior position. this was a genuine promotion and not just to apply for EB2.
any feedback is appreciated.
May be those are two different position. But both are same occupational classification as per SOC/ONET. The employer can not request BS and MS for same occupational class. Conventionaly, the senior/supervisor level will be achived by experience in the occupation not by education.
any feedback is appreciated.
May be those are two different position. But both are same occupational classification as per SOC/ONET. The employer can not request BS and MS for same occupational class. Conventionaly, the senior/supervisor level will be achived by experience in the occupation not by education.
Ann Ruben
01-24 10:05 AM
Do you have a currently valid H-1 visa stamped in your passport? If you do, you don't have to apply for a new visa at a US Consul abroad. You would only have to leave the US and return using that visa and presenting the approval notice for company A along with proof that you are coming to the US to work for company A.
I agree with Raysaikat that USCIS is not likely to approve a nunc pro tunc H-1 under these circumstances. But whether or not you pursue this option, you should get and keep as much documentation as possible to show you honestly and reasonably believed you were authorized to work for company B. Such documentation might include any written communications from company B or the attorney telling you that the H petition had been filed and/or that you could legally begin work for them.
Ann
I agree with Raysaikat that USCIS is not likely to approve a nunc pro tunc H-1 under these circumstances. But whether or not you pursue this option, you should get and keep as much documentation as possible to show you honestly and reasonably believed you were authorized to work for company B. Such documentation might include any written communications from company B or the attorney telling you that the H petition had been filed and/or that you could legally begin work for them.
Ann
monkeyman
11-06 08:29 AM
They are your in-laws!!! Are you sure you want them here? Think about it. :-) Jokes apart, its a pleasure to travel in Jet. My parents did travel - they can't speak English nor really read well - the crew helps them (in Hindi or Gujarati). You would have to be really knocked out to miss connecting flights in Brussells. So worry not - they'll be just fine.
GCapplicant
07-30 01:59 PM
U R really lucky
jonty_11
02-13 05:42 PM
call customer care USCIS and ask for an update/status
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