sudhirvallam
10-24 06:39 PM
The below memo from USCIS clearly states that your H1B will be valid if you use EAD for secondary job.
2. If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status?
Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Amended INS Memo on H/Ls Traveling on Advance Parole, U.S. Immigration, Law Offices of Carl Shusterman (http://shusterman.com/handlvisas-travelingonadvanceparole.html)
2. If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status?
Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Amended INS Memo on H/Ls Traveling on Advance Parole, U.S. Immigration, Law Offices of Carl Shusterman (http://shusterman.com/handlvisas-travelingonadvanceparole.html)
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pyaradesi
01-10 12:09 PM
Hi H1TechSlave,
I am guessing you are basing your proposal on the UC Davis report/link in your post. Yes, there are companies and individuals who are misusing the H1b system, but this is the case with any law, regulation not just immigration. You will never have a perfect system. An example of this is democracy, we are well aware that democracy with its virtues, comes with a price of chaos and corruption. This does not mean we opt for a totalitarian system.
The H1b represents the American Dream for Indians and a lot of other folks from across the world. Plumbers, carpenters, coal workers, homeless people, and literally bums were allowed to immigrate thorough Ellis Island without even needing a visa. Now to come and say that you need to be a genius to get an H1b visa, and IITs are not the best institutions is just preposterous. This report basically states that mojority of H1bs are incompetent folks who come from weak US universities. The Amercican Dream is a universal concept that should be protected at any cost. Protectionist legislation with stymie growth.
The report focuses on H1bs stealing American Jobs, is there any data on the kind of people being displaced, their qualifications?
Put aside the h1b for a minute, what about the agricultural workers who come here, do you need to be the best cherry picker in all of Mexico to work in the US?
Now, this report was published in 2003, it has been buried for good reason.
How do you define "Genius", is Albert Einstein a genius? Is this a measurable concept? Do geniuses create jobs? History tells us that geniuses made a lot of news and history but very little else. The world runs not because of geniuses, but because of a few smart people and millions of average folks.
Do we need to tackle mom&pop h1b sweatshops? yes, but not by changing the fundamental nature of "h1b".
I am guessing you are basing your proposal on the UC Davis report/link in your post. Yes, there are companies and individuals who are misusing the H1b system, but this is the case with any law, regulation not just immigration. You will never have a perfect system. An example of this is democracy, we are well aware that democracy with its virtues, comes with a price of chaos and corruption. This does not mean we opt for a totalitarian system.
The H1b represents the American Dream for Indians and a lot of other folks from across the world. Plumbers, carpenters, coal workers, homeless people, and literally bums were allowed to immigrate thorough Ellis Island without even needing a visa. Now to come and say that you need to be a genius to get an H1b visa, and IITs are not the best institutions is just preposterous. This report basically states that mojority of H1bs are incompetent folks who come from weak US universities. The Amercican Dream is a universal concept that should be protected at any cost. Protectionist legislation with stymie growth.
The report focuses on H1bs stealing American Jobs, is there any data on the kind of people being displaced, their qualifications?
Put aside the h1b for a minute, what about the agricultural workers who come here, do you need to be the best cherry picker in all of Mexico to work in the US?
Now, this report was published in 2003, it has been buried for good reason.
How do you define "Genius", is Albert Einstein a genius? Is this a measurable concept? Do geniuses create jobs? History tells us that geniuses made a lot of news and history but very little else. The world runs not because of geniuses, but because of a few smart people and millions of average folks.
Do we need to tackle mom&pop h1b sweatshops? yes, but not by changing the fundamental nature of "h1b".
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gcisadawg
03-09 07:21 PM
My 140 was filed in Nov 2006. I had to wait 2 full years before my case got approved in Nov 2008.
My lawyer did not even open a service request. She was against infopass too. Her reason was that these would work for any other case except 140.
Based on my experience, I would recommend the following:
1. Ask your lawyer to go through AILA. This is the most preferred way and should work in 99% of the cases (This is what worked for me though it took a lot of time)
2. If option 1 does not work, try to go through your local congressman.
Hope this helps. All the best.
My lawyers filed a Service Request and I contacted the local congressman for my Pending I-140 at TSC. Should I be worried since those actions would jeopardize my case?
-G
My lawyer did not even open a service request. She was against infopass too. Her reason was that these would work for any other case except 140.
Based on my experience, I would recommend the following:
1. Ask your lawyer to go through AILA. This is the most preferred way and should work in 99% of the cases (This is what worked for me though it took a lot of time)
2. If option 1 does not work, try to go through your local congressman.
Hope this helps. All the best.
My lawyers filed a Service Request and I contacted the local congressman for my Pending I-140 at TSC. Should I be worried since those actions would jeopardize my case?
-G
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lkapildev
07-12 05:27 PM
Take one by one and try to answer properly.
1. What is CIS is returning visa #'s to DOS.?
There are some unused and unallocated visa numbers reported by various means. Few# got reported by consulate abroad and few reported by USCIS.
2. How USCIS and Consulate can report unused Visa #'s?
You might be reading the I-485 rejection cases by CIS and Consulate
You might be hearing about USCIS is unable to process the applications received
You might be hearing people could not able to file whose cased were current in June.
All these Visa #'s are reported back
3. To me around 20000 such numbers are available for this years quota
4. Can my applications sneak into this #?
Answer is uncertain.
If your have an old priority dates then probability is high
If you have recent 05/06/07 priority date then there could be issues in issuing an EAD. People whose PD are old will take legal action against USCIS of they do not consider their case and approve yours.
5. What would August VB have?
If they do not approve any July2 filling then here is what they will do
a) Retain petition with old PD and adjust them in Aug
b) Reject all I-485 application for candidates recent PD
They are making a decision fast, that the reason Aug VB is not yet published
6. Will USCIS reverse the new decision?
Answer is NO. Why? There is no such pattern in USCIS behavior and July time is running out.
7. How about Law suite?
:) Do not worry there is a slick chance. All appropriate autherities are informed about the circulars
I have no hope from this process. It's just building a fake hope.
8. People are still filling the application.
Candidates are filling because of advice of their attorney. When you deal with the attorney directly they will encourage you to apply because they will get the money now.
There is no guarantee that you will process your application from XYZ law firm in Oct.
If you file now through them, you are bonded with him until you hear some good news from CIS.
There is a say in India.. Always try to out of trouble and Attorney. They will tell everything is possible.
Another thing after July 16th, I am not sure if they can charge money to you directly. They will rush you to pay before just 16th.
Declaimer: I am not an attorney or do not have any background of law. This is my conclusion from reading IV and many other forums. My PD is 2007 EB2.
1. What is CIS is returning visa #'s to DOS.?
There are some unused and unallocated visa numbers reported by various means. Few# got reported by consulate abroad and few reported by USCIS.
2. How USCIS and Consulate can report unused Visa #'s?
You might be reading the I-485 rejection cases by CIS and Consulate
You might be hearing about USCIS is unable to process the applications received
You might be hearing people could not able to file whose cased were current in June.
All these Visa #'s are reported back
3. To me around 20000 such numbers are available for this years quota
4. Can my applications sneak into this #?
Answer is uncertain.
If your have an old priority dates then probability is high
If you have recent 05/06/07 priority date then there could be issues in issuing an EAD. People whose PD are old will take legal action against USCIS of they do not consider their case and approve yours.
5. What would August VB have?
If they do not approve any July2 filling then here is what they will do
a) Retain petition with old PD and adjust them in Aug
b) Reject all I-485 application for candidates recent PD
They are making a decision fast, that the reason Aug VB is not yet published
6. Will USCIS reverse the new decision?
Answer is NO. Why? There is no such pattern in USCIS behavior and July time is running out.
7. How about Law suite?
:) Do not worry there is a slick chance. All appropriate autherities are informed about the circulars
I have no hope from this process. It's just building a fake hope.
8. People are still filling the application.
Candidates are filling because of advice of their attorney. When you deal with the attorney directly they will encourage you to apply because they will get the money now.
There is no guarantee that you will process your application from XYZ law firm in Oct.
If you file now through them, you are bonded with him until you hear some good news from CIS.
There is a say in India.. Always try to out of trouble and Attorney. They will tell everything is possible.
Another thing after July 16th, I am not sure if they can charge money to you directly. They will rush you to pay before just 16th.
Declaimer: I am not an attorney or do not have any background of law. This is my conclusion from reading IV and many other forums. My PD is 2007 EB2.
willigetgc?
05-04 10:15 AM
Correct me if I my understanding is wrong. We legals are not getting any action because law makers want to do a comprehensive reform instead of a piece meal legislations. If the CIR is not a possibility, is there not a good chance to push for reforms for legals on a piece meal basis ? Stuff like visa recapture, removing country cap, filing for 485 when dates are not current and all ?
You can find the answer here:
Right.
But Mr Gutierrez thinks otherwise. Hispanic Democrats know very well that if Legals get any reprieve, then the fate of undocumented provisions is for sure dead. That's why all legal provisions have been held hostage.
Unfortunately, legal immigration doesnot have any representation in the senate to work for our interests.
Suprisingly, majority of the Americans favor legal immigration over undocumented, and any legal provisions will have public support. A few senators are playing dirty politics and holding thousands of legalites ransom. If CIR fails, I would hope/pray these Hispanic Democrats don't get elected in mid-term so that we can move forward
You can find the answer here:
Right.
But Mr Gutierrez thinks otherwise. Hispanic Democrats know very well that if Legals get any reprieve, then the fate of undocumented provisions is for sure dead. That's why all legal provisions have been held hostage.
Unfortunately, legal immigration doesnot have any representation in the senate to work for our interests.
Suprisingly, majority of the Americans favor legal immigration over undocumented, and any legal provisions will have public support. A few senators are playing dirty politics and holding thousands of legalites ransom. If CIR fails, I would hope/pray these Hispanic Democrats don't get elected in mid-term so that we can move forward
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logiclife
12-20 07:00 PM
She mentioned:
"We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."
Source:
http://www..com/discussion-forums/i485-1/52168049/
ENJOY!!!!
Nonsense.
Their 485 got approved by mistake by USCIS, even though their dates were not current. It has happened in few cases since July, when non-current 485s have been approved.
Sending an expedite request for 485 would not work if the date was not current. If it worked, everyone and their brother would find the neccesary emergency that is needed to get 485. Financial loss for individual or company as an "extreme emergent" situation is not uncommon and not hard to prove.
She is pulling wool over everyone's eyes because she thinks that her case got approved in mistake and doesnt want to draw attention to that fact. So she is trying to divert attention by saying "oh, we got our GC by expedite request, but I wont tell you what the expedite request was".
That's really cute. But the reality is, that 485, if it got approved, got approved by mistake and she should stop worrying and dissembling information as no one is on a crusade after her or her husband and people have their own problems.
"We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."
Source:
http://www..com/discussion-forums/i485-1/52168049/
ENJOY!!!!
Nonsense.
Their 485 got approved by mistake by USCIS, even though their dates were not current. It has happened in few cases since July, when non-current 485s have been approved.
Sending an expedite request for 485 would not work if the date was not current. If it worked, everyone and their brother would find the neccesary emergency that is needed to get 485. Financial loss for individual or company as an "extreme emergent" situation is not uncommon and not hard to prove.
She is pulling wool over everyone's eyes because she thinks that her case got approved in mistake and doesnt want to draw attention to that fact. So she is trying to divert attention by saying "oh, we got our GC by expedite request, but I wont tell you what the expedite request was".
That's really cute. But the reality is, that 485, if it got approved, got approved by mistake and she should stop worrying and dissembling information as no one is on a crusade after her or her husband and people have their own problems.
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quizzer
07-30 07:36 PM
The attorney informed us that both our EAD's were received today.
The point here is the original ead expiry date was 10/15/2008. The new EAD expiry is 07/15/2010 and not 10/14/2010.
Its validity is not 2 years from the original expiry but 2 years from the current approval date.
Are others getting it the same way?
Thanks
The point here is the original ead expiry date was 10/15/2008. The new EAD expiry is 07/15/2010 and not 10/14/2010.
Its validity is not 2 years from the original expiry but 2 years from the current approval date.
Are others getting it the same way?
Thanks
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abracadabra102
07-21 10:57 AM
LOL! I did that already in May and the Local office IO was so incredibly RUDE and unhelpful. She told me absolutely nothing other than confusing me by saying my application was being processed on the East Coast and it would be another 3 months or so....... Bet she was just looking at the "EAC" in my receipt # to come up with "East Coast". I confirmed today it is definitely at TSC.
I am not surprised. USCIS/DHS employees have no accountability and utterly incompetent. They throw around national security whenever someone tries to hold them responsible.
They made a mess of those VSC-TSC, CSC-TSC, transfer cases and some are still waiting for their fingerprint notices.
I am not surprised. USCIS/DHS employees have no accountability and utterly incompetent. They throw around national security whenever someone tries to hold them responsible.
They made a mess of those VSC-TSC, CSC-TSC, transfer cases and some are still waiting for their fingerprint notices.
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vbkris77
04-13 09:03 PM
I don't think child's country works.. Most of the guys would have been
out by now including myself.. . But let us know.. I will fly to my lawyers office if it is true ..
out by now including myself.. . But let us know.. I will fly to my lawyers office if it is true ..
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eb2_hope
08-22 06:55 PM
I support this..I call every second day .....
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kawosa
08-19 12:53 PM
Yep, just passed level III , today. Now will start applying for the charter.
you must be a happy man today! congrats again.....
I got my charter in 05.. but still remember the day i got my results... one of the best days of my life..
I really havent used it much though other than sponsoring my students for level 1. so what area of fin you in?
you must be a happy man today! congrats again.....
I got my charter in 05.. but still remember the day i got my results... one of the best days of my life..
I really havent used it much though other than sponsoring my students for level 1. so what area of fin you in?
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shreekhand
10-04 11:33 PM
:p...I loved that you just gave a name....and then the choice of the name is just hilarious ! (not that it may not be a true name...but still!!!)
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amit79
04-16 08:03 AM
USCIS started sending notifications for Premium Processing petitioners on 15th April, 2008. As we start receiving notifications, a lot of H1B petitioners using IV are waiting to hear from USCIS, this thread can help keep the information in one place and provide quick access to the current status of notifications. Those received their notifications from USCIS can put in the results in the following format
Quota - General/Higher
Premium Processing - Yes/No
Notification Date - xx/xx/xx
Receipt Number - Yes/No
Waiting List - Yes/No
Notified via - email/postal mail
Employer - Consultant/Company
Multiple Petitions - Yes/No
Comments - you can put any extra comments that are relevant
Good Luck.
Quota - General/Higher
Premium Processing - Yes/No
Notification Date - xx/xx/xx
Receipt Number - Yes/No
Waiting List - Yes/No
Notified via - email/postal mail
Employer - Consultant/Company
Multiple Petitions - Yes/No
Comments - you can put any extra comments that are relevant
Good Luck.
more...
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chintu25
03-26 11:37 AM
Not accepting votes now ???
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MannyD
10-25 01:19 PM
should be valid preferably until you get your new I140 approved.
Wanted to seek clarification: When you say "valid" do you mean past employer doesn't withdraw the 140 petition / substitute the LC? Or does 140 have a "valid till" date?
And I note that someone mentioned we can go for any EB category in the new company. Can we also port the PD for any other job profile or should the job profile (as in approved LC/140) be matching in the new job?
Thanks!
Wanted to seek clarification: When you say "valid" do you mean past employer doesn't withdraw the 140 petition / substitute the LC? Or does 140 have a "valid till" date?
And I note that someone mentioned we can go for any EB category in the new company. Can we also port the PD for any other job profile or should the job profile (as in approved LC/140) be matching in the new job?
Thanks!
more...
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desi_scorpion
08-02 02:39 PM
I have always used fedex....excellent service for most critical documents....I might have shipped 50 times to India......never used anything else.
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newlife2
09-20 12:12 AM
Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
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franklin
02-09 10:48 AM
In light of recent efforts to find out how each and every one of us can help our cause, I'm starting this thread to find specific things we can do to help.
Place trust in your core team. They are working on things that we can not know about.
But what can we do? Other than just contributing? Each of us needs to take inititive in our own way. If 2 members in NJ can distribute flyers for a few hours - can't EVERYONE active here do something with a similar impact?
* Remain positive and focused.
Focus your efforts on contacting someone in the media, a friend, a fellow green card chaser. For every post that you make on this forum, write and email to send to someone. If you make a negative post about how things are hopeless, you write 2 emails to spread the word.
Pick someone on these lists, and send an email. http://immigrationvoice.org/forum/showthread.php?t=2499 Pappu has another post somewhere with a huge list of media outlet emails. I can't find it right now for the life of me
* Thinking outside the box
Been frustrated by main media coverage of our issues? Want to scream when Lou Dobbs comes on? Have you thought of different mediums that could work in a different way? Distribute those flyers at a local commute stop, write to www.moveon.org, or one of the NPR stations.
* Response
Every time someone posts a new article on this board, make the effort to respond to the reporter involved in the article. Even with 200 active members, if ever reporter gets even 100 emails all about the same issue soon after their article is released.
The general public don't know about our problem, we all know that polititcans are notoriously out of touch. Let's leave the sensitive influence to the core team, and we can help tackle the general public. When public opinion is loud enough, I can guarantee that people will start to listen.
You know what blew away the politians in the last presidential election? The power of small, grassroots organizations - using the web to spread the word.
Lets pull together on this.
FWIW
I'm EB3 - ROW
Place trust in your core team. They are working on things that we can not know about.
But what can we do? Other than just contributing? Each of us needs to take inititive in our own way. If 2 members in NJ can distribute flyers for a few hours - can't EVERYONE active here do something with a similar impact?
* Remain positive and focused.
Focus your efforts on contacting someone in the media, a friend, a fellow green card chaser. For every post that you make on this forum, write and email to send to someone. If you make a negative post about how things are hopeless, you write 2 emails to spread the word.
Pick someone on these lists, and send an email. http://immigrationvoice.org/forum/showthread.php?t=2499 Pappu has another post somewhere with a huge list of media outlet emails. I can't find it right now for the life of me
* Thinking outside the box
Been frustrated by main media coverage of our issues? Want to scream when Lou Dobbs comes on? Have you thought of different mediums that could work in a different way? Distribute those flyers at a local commute stop, write to www.moveon.org, or one of the NPR stations.
* Response
Every time someone posts a new article on this board, make the effort to respond to the reporter involved in the article. Even with 200 active members, if ever reporter gets even 100 emails all about the same issue soon after their article is released.
The general public don't know about our problem, we all know that polititcans are notoriously out of touch. Let's leave the sensitive influence to the core team, and we can help tackle the general public. When public opinion is loud enough, I can guarantee that people will start to listen.
You know what blew away the politians in the last presidential election? The power of small, grassroots organizations - using the web to spread the word.
Lets pull together on this.
FWIW
I'm EB3 - ROW
mhtanim
10-07 01:39 PM
So, you can keep driving in Maryland with your Ohio license as long as it's valid but you cannot get a Maryland drivers license because of some stupid notes written on the Ohio license?
This is really frustrating to see how some states target (segregate?) the legal immigrants.
This is really frustrating to see how some states target (segregate?) the legal immigrants.
paskal
03-15 06:17 PM
The maximum duration of a J-1 is 7 years but the visa is issued 1 year at a time (royal pain). Therefore there is nothing such as a transfer. When residency is over, if you get a fellowship the program files with ECFMG the necessary papers to prove that it's an accredited program etc It is ECFMG that sponsors you not your program/hospital. Each year the program informs ECFMG on your progress and based on that a new sponsorship for another year is granted.
After my first fellowship i was board certified. In order to specialize further I (and my new department) had to convince ECFMG that there was some merit in the whole proposal. anyway long story, they did sponsor me and I did another 2 years thus completing the entire 7 year period.
As for GC, my employer just started the process and insisted on choosing an expensive corporate lawyer they have worked with before. She is in no hurry and I don't know when I will even have a priority date let alone a GC. This is after 11 years here. such fun....
After my first fellowship i was board certified. In order to specialize further I (and my new department) had to convince ECFMG that there was some merit in the whole proposal. anyway long story, they did sponsor me and I did another 2 years thus completing the entire 7 year period.
As for GC, my employer just started the process and insisted on choosing an expensive corporate lawyer they have worked with before. She is in no hurry and I don't know when I will even have a priority date let alone a GC. This is after 11 years here. such fun....
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