LostInGCProcess
11-06 02:54 PM
If I renew my H1B can I avoid visa stamping by using the AP travel document.
You can use AP to travel and still be on H status, provided you are working for the same employer.
I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?
Yes. However, you can ask the new employer to sponsor you H1b and avoid using EAD.
I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?
Its better to maintain H1 status till you get the GC.
You can use AP to travel and still be on H status, provided you are working for the same employer.
I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?
Yes. However, you can ask the new employer to sponsor you H1b and avoid using EAD.
I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?
Its better to maintain H1 status till you get the GC.
mhathi
02-03 05:10 PM
Tomplate,
My lawyer had also asked me to keep 485 receipt and EAD with me, but I was not asked to show anything but my passport and the AP documents. They did not even ask for 485 receipts.
Unfortunately I know this does not answer your question fully, but hope it helps even if a bit!
My lawyer had also asked me to keep 485 receipt and EAD with me, but I was not asked to show anything but my passport and the AP documents. They did not even ask for 485 receipts.
Unfortunately I know this does not answer your question fully, but hope it helps even if a bit!
hitpauler
04-21 01:04 PM
Wandmaker,
In my case, one namecheck is cleared by IO, which I presume includes both electronic and manual namechecks, in case if the electronic one shows something on the radar. However what I am unable to understand why the second namecheck, when all the steps were done to clear the first namecheck
In my case, one namecheck is cleared by IO, which I presume includes both electronic and manual namechecks, in case if the electronic one shows something on the radar. However what I am unable to understand why the second namecheck, when all the steps were done to clear the first namecheck
scorpsdude
07-15 04:33 PM
Don't get scared if you forget to hand over I-94 . this one point given on US Custom & Border Protection website will give you some relief:
-------------
If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your re-entry next time you come back to the United States.
-------
Here is the link to the full article. Hope this helps.
https://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=9VyH5fGh&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9NDcmcF9wcm9kcz0yMywzMiZwX2NhdHM9MCZwX3B 2PTIuMzImcF9jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlY XJjaF9ubCZwX3BhZ2U9MQ**&p_li=&p_topview=1
-------------
If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your re-entry next time you come back to the United States.
-------
Here is the link to the full article. Hope this helps.
https://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=9VyH5fGh&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9NDcmcF9wcm9kcz0yMywzMiZwX2NhdHM9MCZwX3B 2PTIuMzImcF9jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlY XJjaF9ubCZwX3BhZ2U9MQ**&p_li=&p_topview=1
more...
zCool
12-21 09:49 AM
There are some companies that enter into agreements with ppl like that. Of course it is not legal and of course it's exploitative and predatory.. but depends what was decided.. If his employer offered with 100K on paper but talked abt this type of arrangement verbally (assuming he got sub labor at the same time ) it might make sense.. in any other case.. he's getting ripped off and better that he sues the employer.. merely credible threat of lawsuit should make the company pay..
hojo
08-19 07:47 PM
i saw this cool tutorial that used really simple technique to make a really cool outcome.
the tutorial was on making realistic looking fire. so what he did was he wrote text, raterized it, rotated 90 degrees CW and added wind from left. then he rotated back and did an ocean ripple. it sounds more complicated then it really is.
anyway, heres the final product:http://24.26.33.8:42/hojo.bmp
the tutorial was on making realistic looking fire. so what he did was he wrote text, raterized it, rotated 90 degrees CW and added wind from left. then he rotated back and did an ocean ripple. it sounds more complicated then it really is.
anyway, heres the final product:http://24.26.33.8:42/hojo.bmp
more...
tikka
08-06 09:48 AM
...bump...
I will be there..
I will be there..
das0
06-16 02:44 PM
Predierock,
Can you please adivse on the following:
My wife is currently on H4.
She has a H1b approved for 3 years to start working on October 1, 2007.
Now, she gets a EAD (though my I-485) to start working on September 1, 2007 valid for 1 year only.
She has a job and the company would like her join asap.
Questions are:
1. Will her EAD (I-485 pending) cancel her H1B approval for the company?
2. Can she work only Sept 1 - Spet-30 on EAD and then fall-back on her H1B (Oct 1 - later) for next 3 years?
We know that H1b is approved and all set for 3 years but Green-Card-EAD is only valid for 1 yr only and sometimes renwal takes time and $$ and bit riskly. So we cant decide if we should stick to her alreay approved H1b or fall back on EAD.
Please advise folks.
Can you please adivse on the following:
My wife is currently on H4.
She has a H1b approved for 3 years to start working on October 1, 2007.
Now, she gets a EAD (though my I-485) to start working on September 1, 2007 valid for 1 year only.
She has a job and the company would like her join asap.
Questions are:
1. Will her EAD (I-485 pending) cancel her H1B approval for the company?
2. Can she work only Sept 1 - Spet-30 on EAD and then fall-back on her H1B (Oct 1 - later) for next 3 years?
We know that H1b is approved and all set for 3 years but Green-Card-EAD is only valid for 1 yr only and sometimes renwal takes time and $$ and bit riskly. So we cant decide if we should stick to her alreay approved H1b or fall back on EAD.
Please advise folks.
more...
martinvisalaw
03-17 11:50 AM
1. If my PD is current, Will I eligible to apply I-485 using Employer A I-140 approved? No, not legally. You cannot base the 485 on a job offer that no longer exists. If there is a chance that Co. A will rehire you in the same position, and they will provide a letter saying that, you could file. However, there really must be an intention to be in that position when the 485 is approved or you are committing fraud.
2. What are the documents needed from employer A, if I want apply I-485?
See previous answer.
3. All my friends telling me, I can apply I-485, Is it true?
See previous answer.
2. What are the documents needed from employer A, if I want apply I-485?
See previous answer.
3. All my friends telling me, I can apply I-485, Is it true?
See previous answer.
GCBALAK
03-18 12:57 AM
I am on an EAD (dependent), as my husband was the primary applicant. He has got his GC and mine got stuck after the July - Aug 2007 fiasco :(.
I want to start a IT company with my friend who is a US Citizen. I know my husband is a sure shot to have the company in his name however, he is in a full-time job.
My questions:
1) Can I start / partner with a friend who is a US Citizen?
2) I am thinking of an LLC. Is that ok? or should it be S-Corp? More reading of S-corp says to be US Citizen or US Permanent Resident so I am more leaning towards LLC. Also there is a provision that we could change LLC to S-corp at a later date (if needed).
3) What should I make sure if I go through the LLC route? - like Designation, Salary that I can take, work for the same company etc
4) Does state make any difference? If so how? I am a PA resident and my friend is from Texas. We are thinking of registering the company in Texas.
5) I got my 2 yr EAD valid till Sep 2010. Is there any special procedure that I need to do or just extend it before it expires.
Any tips / advice from the experts will be highly appreciated.
I want to start a IT company with my friend who is a US Citizen. I know my husband is a sure shot to have the company in his name however, he is in a full-time job.
My questions:
1) Can I start / partner with a friend who is a US Citizen?
2) I am thinking of an LLC. Is that ok? or should it be S-Corp? More reading of S-corp says to be US Citizen or US Permanent Resident so I am more leaning towards LLC. Also there is a provision that we could change LLC to S-corp at a later date (if needed).
3) What should I make sure if I go through the LLC route? - like Designation, Salary that I can take, work for the same company etc
4) Does state make any difference? If so how? I am a PA resident and my friend is from Texas. We are thinking of registering the company in Texas.
5) I got my 2 yr EAD valid till Sep 2010. Is there any special procedure that I need to do or just extend it before it expires.
Any tips / advice from the experts will be highly appreciated.
more...
nousername
09-04 12:39 PM
Nice.. Now that's what I call as out of box thinking lol ;) not sure where you got the idea from but it was a fun light read. Have a good weekend.
OK, now that we all are agonizing over what's gonna happen, I think the following could be a possibility. USCIS has pre-adj almost 150,000 apps and has got nothing more to do now and the new Q1 for 2010 has around 35,000 visa numbers available to be processed.
Would DOS let CIS sit on their bums with not much to do other than process any new 485s that could be filed by ROW or would DOS move the dates to 2008 or 2007 so that any more people that still need to file 485 can do so and CIS stays busy. I think they would want to keep CIS busy. this would of course not mean every one of us will get approved since EB2/3 India and china only have around ~3000 visa numbers available in Q1 2010.
who votes for this russian roulette option? :D
OK, now that we all are agonizing over what's gonna happen, I think the following could be a possibility. USCIS has pre-adj almost 150,000 apps and has got nothing more to do now and the new Q1 for 2010 has around 35,000 visa numbers available to be processed.
Would DOS let CIS sit on their bums with not much to do other than process any new 485s that could be filed by ROW or would DOS move the dates to 2008 or 2007 so that any more people that still need to file 485 can do so and CIS stays busy. I think they would want to keep CIS busy. this would of course not mean every one of us will get approved since EB2/3 India and china only have around ~3000 visa numbers available in Q1 2010.
who votes for this russian roulette option? :D
HOPE_GC_SOON
05-04 10:30 AM
Hi Immi2006.
Please help me understanding this..
Your statistics underneath::; 1) Is it NO. of Labour Petitions filed in those years and categories or 2) Are they Numbers of Labor and 140 approved pending cases for 485?:confused:
Please enlighten me....
thanks:)
Folks,
I was analysing the data based on posts in various immigration websites for India based filings. The data could be very well wrong too. (data for India folks as below).
It appears on rough estimates :
2005
EB1 - 4000
EB2 - 26000
EB3 - 39000
2004
EB1 - 5500
EB2 - 32000
Eb3 - 36000
Please help me understanding this..
Your statistics underneath::; 1) Is it NO. of Labour Petitions filed in those years and categories or 2) Are they Numbers of Labor and 140 approved pending cases for 485?:confused:
Please enlighten me....
thanks:)
Folks,
I was analysing the data based on posts in various immigration websites for India based filings. The data could be very well wrong too. (data for India folks as below).
It appears on rough estimates :
2005
EB1 - 4000
EB2 - 26000
EB3 - 39000
2004
EB1 - 5500
EB2 - 32000
Eb3 - 36000
more...
glus
10-19 08:18 AM
What do the people in the following circumstance do:
1) Family emergency and they have to travel to India? Is there any way to expedite the advance parole??
2) They get married say in October and return with spouse then? IF they file for I-485 now, isnt the spouse left out unless she/he can come in H1B or F-1 herself?
Hi:
According to the rules, you need to have I485 original receipt at the time of re-entry if you enter on H1, H4 or L1. Even though this rule was not very much enforced, it may be a reason for I485 abandonment if you don't have it at the time your re-enter. It is very risky to leave without I485 receipt. If you really need to leave without I485 receipt, you would need to get emergency approval of AP, which can be done under some circumstances. Not you can apply for AP based on proof of mailing and delivery I485 if you don't have one.
Reportedly, USCIS is working on a rule, that would eliminate the need of having I485 at re-entry, but as of now, an IO may request I485 receipt at re-entry.
1) Family emergency and they have to travel to India? Is there any way to expedite the advance parole??
2) They get married say in October and return with spouse then? IF they file for I-485 now, isnt the spouse left out unless she/he can come in H1B or F-1 herself?
Hi:
According to the rules, you need to have I485 original receipt at the time of re-entry if you enter on H1, H4 or L1. Even though this rule was not very much enforced, it may be a reason for I485 abandonment if you don't have it at the time your re-enter. It is very risky to leave without I485 receipt. If you really need to leave without I485 receipt, you would need to get emergency approval of AP, which can be done under some circumstances. Not you can apply for AP based on proof of mailing and delivery I485 if you don't have one.
Reportedly, USCIS is working on a rule, that would eliminate the need of having I485 at re-entry, but as of now, an IO may request I485 receipt at re-entry.
simple1
10-06 03:51 PM
Troll Alert. Avoid responding to these posts.
Every one knows employee paying for h1b visa processing is illegal.
Anti immigrants are infesting this forum with fake posts.
Hi,
After following up for 1 month in person on my case with Segi Corp consultancy (NJ). They gave me my EAC number when i told them that i will withdraw my case.
When i try to find the status on my case i got the following from USCIS website .
"On June 16, 2009, we rejected this case I129, PETITION FOR A NONIMMIGRANT WORKER, because you did not resubmit
payment to correct the insufficient funds notice. On June 16, 2009, we sent you a notice, advising you to resubmit
payment within 14 days to correct the deficiency. 14 days have passed and the deficiency has not been corrected.
Accordingly, this case has been returned with all accompanying documents and is now considered improperly filed and
rejected."
please let me know the procedure to file a case against this consultancy..
Is any one planning to file lawsuit against this company, if yes please let me know the process.
Every one knows employee paying for h1b visa processing is illegal.
Anti immigrants are infesting this forum with fake posts.
Hi,
After following up for 1 month in person on my case with Segi Corp consultancy (NJ). They gave me my EAC number when i told them that i will withdraw my case.
When i try to find the status on my case i got the following from USCIS website .
"On June 16, 2009, we rejected this case I129, PETITION FOR A NONIMMIGRANT WORKER, because you did not resubmit
payment to correct the insufficient funds notice. On June 16, 2009, we sent you a notice, advising you to resubmit
payment within 14 days to correct the deficiency. 14 days have passed and the deficiency has not been corrected.
Accordingly, this case has been returned with all accompanying documents and is now considered improperly filed and
rejected."
please let me know the procedure to file a case against this consultancy..
Is any one planning to file lawsuit against this company, if yes please let me know the process.
more...
satya1234
03-29 02:21 PM
Thanks for the Reply.I did send.
gc_perm2k6
03-06 01:38 PM
Both the points are very reasonable. Lets try to send letters.
more...
kingkon_2000
03-26 11:16 AM
I had my EB2 LC rejected and the reason that DOL gave was they were not able to contact the employer and/or employer did not respond to their correspondence. Lawyer gave me two option to refile (I will lose PD) or appeal. This was in 2005 when PERM had just started and the lawyers said they did not know how long the appeal process takes in PERM since it was new system. To cut the story short I received the approved LC within 45days of appeal, but my case was a simple one I think. Your case it a bit different but in no case an appeal should take 1.5 years at least in PERM.
JunRN
08-11 06:00 PM
True. But USCIS doesn't care anymore because I-140 is already approved. The ability to pay is for I-140, not for AOS. There is no point for USCIS to get the ability to pay for AC21 cases because the adjudication is based on the approved I-140. If you will read the USCIS guidelines on this, it explains the reasons why.
new_phd
06-15 04:05 PM
Congrats RLNY122004! Dont forget IV!
Our I485 approved today and officer told us we will receive our cards in 6 to 8 weeks. Thanks
Our I485 approved today and officer told us we will receive our cards in 6 to 8 weeks. Thanks
panini
06-11 03:48 PM
If you have not been to Canada or lived in Canada since your landing I would assume that your Canadian PR would have been automatically cancelled because of the 3 years out of 5 years rule.
I was wondering if anyone here who had a canadian PR (i.e. did a landing), got GC later has travelled again to Canada again?
We got canadian PR in 2005 and did a landing while we were waiting for our GC. We got a our GC last year and are planning to visit canada using our GC. Are there going to be any issue in entering canada?
Also, we travelled to India last year and received new I-94 when we got back into US using AP. Very soon (days) we received our GC's. I am not sure what do with these I-94's when we leave US. Do we still need to surrender these as in the past?
I was wondering if anyone here who had a canadian PR (i.e. did a landing), got GC later has travelled again to Canada again?
We got canadian PR in 2005 and did a landing while we were waiting for our GC. We got a our GC last year and are planning to visit canada using our GC. Are there going to be any issue in entering canada?
Also, we travelled to India last year and received new I-94 when we got back into US using AP. Very soon (days) we received our GC's. I am not sure what do with these I-94's when we leave US. Do we still need to surrender these as in the past?
vpa_2009
03-20 06:50 AM
I sold the house on H1 and there was nothing addition for H1 holder. It is just that if you have that property for less than 2 years then you pay tax.
Just thinking if the new law for GC approved like buy a house and get
GC then what will happen for those like us who have house since 2004 and sold one and bought another in that time period.
I am on EAD now. PD -Nov 2003
Just thinking if the new law for GC approved like buy a house and get
GC then what will happen for those like us who have house since 2004 and sold one and bought another in that time period.
I am on EAD now. PD -Nov 2003
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