abc
06-03 12:48 PM
What happens if the current company withdraws the labour after you have moved to the new company.
Is your h1b 8th year extn invalid..
Is your h1b 8th year extn invalid..
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vactorboy29
05-14 02:36 PM
I did my three years diploma (polytechnic) and three years engineering degree (B.E.) after that and I had @ eight years of experience while I had applied for GC through EB2 category. I had no problem in getting my I-140 approval; so far I have not received single rfe.
sukhyani
12-20 01:09 PM
I found his website http://www.governor.state.ia.us/
Well the website doesnt stipulate his position on the issue of legal or illegal immigration, so I went ahead and sent him an email asking for such. Let's see if he replies back.
Well the website doesnt stipulate his position on the issue of legal or illegal immigration, so I went ahead and sent him an email asking for such. Let's see if he replies back.
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meridiani.planum
12-31 01:05 AM
Thanks a lot. This helps me.
Now for this EAD, should I go thru an attorney or do it myself by the USCIS website.
you can file EAD on your own, see the self-filing threads on IV, or other webapges on sites for required documentation. Dont spend money on an attorney just for this.
Now for this EAD, should I go thru an attorney or do it myself by the USCIS website.
you can file EAD on your own, see the self-filing threads on IV, or other webapges on sites for required documentation. Dont spend money on an attorney just for this.
more...
wandmaker
12-18 11:19 PM
amits: Swamy is correct, all documents that are required for H1B stamping, plus a copy of your 485 receipt notices. Just in case, VO asks you for the proof of AOS, which is very unlikely.
chapper
07-19 10:56 AM
Good Question - I'm also looking for an answer along these lines. We should work to find a solution
Can you start residency on EAD if you are the primary for 485? Meaning, can you use AC21 and change jobs from research to residency after 180 days from filing? Please help, really confused.
Can you start residency on EAD if you are the primary for 485? Meaning, can you use AC21 and change jobs from research to residency after 180 days from filing? Please help, really confused.
more...
needhelp!
10-22 08:13 PM
sw33t volunteering for this event coming all the way from San Antonio..
I know there are tons of IV members from DFW.
Please volunteer. need help!
I know there are tons of IV members from DFW.
Please volunteer. need help!
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vaishnavilakshmi
07-10 02:54 AM
DOS issued one more bulletine today on 9th July 2007 !!!!!!!!!!!!!
Hi Krupa,
Dont just post something for fun here.And don't play with viewers in this forum who participate to seek some suggestions,information etc .Please don't mislead us anymore.
"Either try to help or just control urselves".
Vaishu
Hi Krupa,
Dont just post something for fun here.And don't play with viewers in this forum who participate to seek some suggestions,information etc .Please don't mislead us anymore.
"Either try to help or just control urselves".
Vaishu
more...
sparky_jones
06-08 10:48 AM
Can anyone please comment on Massachusetts licensing requirements? and the validity period for someone who is working on EAD? Thanks!
Fortunately, MA is still unaffected by the xenophobic policies regarding Driver's Licenses that are prevalent in other states. You can renew your license online, and the length or the nature of the validity of your immigration status has no influence on the type or duration of the driver's license. How long this will stay like this in MA is anybody's guess. I am sure they will also become restrictive when pressure is brought on by REAL ID regulations.
Fortunately, MA is still unaffected by the xenophobic policies regarding Driver's Licenses that are prevalent in other states. You can renew your license online, and the length or the nature of the validity of your immigration status has no influence on the type or duration of the driver's license. How long this will stay like this in MA is anybody's guess. I am sure they will also become restrictive when pressure is brought on by REAL ID regulations.
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number30
09-27 03:40 PM
My Priority date is Jun 2006 and applied in EB3 category.
Are you sure it is an approval?
Are you sure it is an approval?
more...
windingroad
04-07 04:56 PM
My understanding is that one needs a US degree for stamping in Canada.
Is that still the case ?
Is that still the case ?
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desi3933
06-22 07:51 AM
If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.
Valid I-94 just indicates that person has not accumulated any unlawful presence (for 3/10 years ban). Person could well be out of status. For example, having approved H1 petition and not working for H1 employer. Another example: LCA mentions place of work Chicago and person is working in New York. 245(k) covers out of status only upto 180 days since last entry in USA. If the person is out of status > 180 days, please consult a good attorney before filing I-485.
I am NOT an attorney and this is not a legal advice.
Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
--Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.
Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.
Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.
I agree this is good idea. She may have to travel out of US to get back into H4 status.
See above in Blue.
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
Valid I-94 just indicates that person has not accumulated any unlawful presence (for 3/10 years ban). Person could well be out of status. For example, having approved H1 petition and not working for H1 employer. Another example: LCA mentions place of work Chicago and person is working in New York. 245(k) covers out of status only upto 180 days since last entry in USA. If the person is out of status > 180 days, please consult a good attorney before filing I-485.
I am NOT an attorney and this is not a legal advice.
Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
--Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.
Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.
Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.
I agree this is good idea. She may have to travel out of US to get back into H4 status.
See above in Blue.
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
more...
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chanduv23
01-09 07:31 AM
^^^^^^^^^^^^^
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EndlessWait
07-23 01:43 PM
huge 1 micro second late and will be pending for "quota unavailability"
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shortchanged
08-27 07:59 PM
[QUOTE=Lisap;155340
This afternoon I received receipts from the original filing with a receipt date of July 2nd. [/QUOTE]
If you stopped payment on individual checks (My banks charges $30 for each check stoppage) it would have been denied eventhough USCIS tried to cash it (instantly as it is electronic transaction).That you received receipt notices means, the checks went through, and your application is considered properly filed.
If stopped as a batch of checks (it is free of charge with my bank), it would still go through, despite your stoppage request, as it is like paper check.
So to be absolutely certain, you should stop them individually if you want to stop payment on the 2nd set of application too.
Looks like you are indeed very lucky to have got things in order despite your attorney's best efforts to screw up!
I am in some what similar situation;my checks are seen today as encashed on 8/23 for a July 2 filing.I too send out a 2nd set of I-485 applications on 8/16, as I got scared of missing out on the window of opportunity.I have asked today for stop payment on all my checks individually for this 8/16 filing.
This afternoon I received receipts from the original filing with a receipt date of July 2nd. [/QUOTE]
If you stopped payment on individual checks (My banks charges $30 for each check stoppage) it would have been denied eventhough USCIS tried to cash it (instantly as it is electronic transaction).That you received receipt notices means, the checks went through, and your application is considered properly filed.
If stopped as a batch of checks (it is free of charge with my bank), it would still go through, despite your stoppage request, as it is like paper check.
So to be absolutely certain, you should stop them individually if you want to stop payment on the 2nd set of application too.
Looks like you are indeed very lucky to have got things in order despite your attorney's best efforts to screw up!
I am in some what similar situation;my checks are seen today as encashed on 8/23 for a July 2 filing.I too send out a 2nd set of I-485 applications on 8/16, as I got scared of missing out on the window of opportunity.I have asked today for stop payment on all my checks individually for this 8/16 filing.
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prasadn
02-05 11:54 AM
Gurus,
I have a similar question. I filed for my 485 in June 2007. But, did not file for EAD at that time. However, I filed for my EAD in March 2008 with the new filing fee i.e $340. My EAD is up for renewal (it's valid till Jun 12th...but considering the 3 month wait time, I am plannig to file it around 13th of this month ).
Since I have already filed with the new fee structure I am hoping I dont have to pay any fees , right? But, I dont see any instructions to that extent. Can any one please point me to the right link or document?
Regards
As per my understanding, since you filed for 485 before August 17, 2007 you have to pay renewal fees for EAD/AP. ONLY if you have filed for 485 after August 17 2007 you don't have to pay renewal fees for EAD/AP.
What matters here is when you filed your 485. It does not matter when you applied for EAD/AP as these are based on your 485.
I have a similar question. I filed for my 485 in June 2007. But, did not file for EAD at that time. However, I filed for my EAD in March 2008 with the new filing fee i.e $340. My EAD is up for renewal (it's valid till Jun 12th...but considering the 3 month wait time, I am plannig to file it around 13th of this month ).
Since I have already filed with the new fee structure I am hoping I dont have to pay any fees , right? But, I dont see any instructions to that extent. Can any one please point me to the right link or document?
Regards
As per my understanding, since you filed for 485 before August 17, 2007 you have to pay renewal fees for EAD/AP. ONLY if you have filed for 485 after August 17 2007 you don't have to pay renewal fees for EAD/AP.
What matters here is when you filed your 485. It does not matter when you applied for EAD/AP as these are based on your 485.
more...
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kate123
10-02 08:21 AM
I Filed a case with NJ DOL and the outcome was pretty fast. It took 4 months to completely resolve the case. I spoke to DOL People yesterday and they said I will get all my money back.
In your case go ahead and file a case with DOL. Once you file the case you will get a letter from DOL acknowledging your case. May be you can use this ack letter to send it to INS if any query arises.
Before you even file a case tell your exemployer to pay all your money or else tell them that you will file case with DOL, INS. Still if they dont care then,,, go ahead and file the case....
Kinu
In your case go ahead and file a case with DOL. Once you file the case you will get a letter from DOL acknowledging your case. May be you can use this ack letter to send it to INS if any query arises.
Before you even file a case tell your exemployer to pay all your money or else tell them that you will file case with DOL, INS. Still if they dont care then,,, go ahead and file the case....
Kinu
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jags_e
08-30 02:58 PM
There is a main article on the reverse brain drain in EE Times and it mentions the IV's September 18 rally too.
The link is http://www.eetimes.com/news/latest/showArticle.jhtml;jsessionid=314X3PTACJUWMQSNDLOSK HSCJUNN2JVN;?articleID=201802703
EE Times: Latest News
Green-card red tape sends valuable engineers packing
Disenchanted with life in immigration limbo, San Antonio resident Praveen Arumbakkam is abandoning his American dream and returning to his native India.
A senior programmer at a fast-growing IT company, Arumbakkam volunteered for the Red Cross in Texas after Hurricane Katrina hit in 2005. He worked on disaster recovery management software to locate displaced persons, track donations and organize aid distribution.
He had hoped to start a nonprofit disaster recovery management solutions company in the United States, but now he's decided he doesn't want to wait any longer for his green card.
When professionals such as Arumbakkam give up on the States, it creates serious economic consequences, said Vivek Wadhwa, lead author of a study on the subject released last week.
"We've set the stage here for a massive reverse brain drain," said Wadhwa, Wertheim Fellow at Harvard Law School's Labor and Worklife Program.
By the end of fiscal 2006, half a million foreign nationals living in the U.S. were waiting for employment-based green cards, according to the study, released by the nonprofit Kauffman Foundation. Titled "Intellectual Property, the Immigration Backlog, and a Reverse Brain-Drain," the study was based on research by Duke, Harvard and New York University. If spouses and children are included, the number exceeds 1 million.
The study looked at the three main types of employment-based green cards, which cover skill-based immigrants and their immediate families. Including pros- pective immigrants awaiting U.S. legal permanent resident status but living abroad, the numbers hit almost 600,000 in the first group and almost 1.2 million in the second.
The number of available green cards in the three categories totals approximately 120,000. "If there are over a million persons in line for 120,000 visas a year, then we have already mortgaged almost nine years' worth of employment visas," said study author Guillermina Jasso, an NYU sociology professor.
The report also notes that foreign nationals were listed as inventors or co-inventors on 25.6 percent of the international-patent app-lications filed from the United States in 2006, up from 7.6 percent in 1998.
U.S. companies bring in many highly skilled foreigners on temporary visas and train them in U.S. business practices, noted Wadhwa, an executive in residence at Duke University's Pratt School of Engineering. Those workers are then forced to leave, and "they become our competitors. That's as stupid as it gets," he said. "How can this country be so dumb as to bring people in on temporary visas, train them in our way of doing business and then send them back to compete with us?"
Many in the engineering profession argue that American tech employers take advantage of the work visa system for their own benefit. They state that though there is plenty of American engineering talent available, employers use the programs to hire cheaper foreign labor.
And others counter the concern that large numbers of foreign residents will depart America. Most immigrants who have waited years for green cards will remain firm in their resolve, given the time and effort they have already invested, believes Norm Matloff, a computer science professor at the University of California at Davis. "People are here because they want to be here," he said. "They place a high value on immigrating."
But while Arumbakkam wants to be here, he has had enough of waiting. And his story is typical of those foreign-born tech professionals who return home.
In July 2001, the then 27-year-old Arumbakkam arrived on a student visa to get his master's in information technology at Clarkson University in Potsdam, New York. He has a bachelor's degree from the highly ranked University of Madras in southern India.
Arumbakkam said he "pretty much loved the society and the infrastructure for advanced education" in the States. In the post-Sept. 11 climate toward foreigners, however, he found it difficult to get work. After sending out countless resumes, he took an internship in Baltimore, followed by a job in Michigan.
That post didn't bring him any closer to his goal of permanent residency, however. He next took a job in San Antonio and insisted his employer secure him a green card. About that time, the government established an "application backlog elimination" center. "My application went straight into this chasm. I don't know what happened after that," he said. "That was pretty much a blow."
In 2005, he landed his current job, where he's happy with the work environment and the salary. His employer applied for a green card when the government rolled out an online system that was supposed to streamline the process.
But since then, with two applications in the works, Arumbakkam has been waiting-and waiting. In the meantime, his work status can't change, meaning no pay raises or promotions.
Page 2 of 2
Arumbakkam knows plenty of others in the same boat. In early 2006, he ran across Immigration Voice, a nonprofit national group that supports changes in immigration law affecting highly skilled workers. The 22,000-member organization includes professionals in a wide range of fields, from engineers and doctors to architects. Many have families, and all are stuck in the legal process.
"I heard horror stories," said Arumbakkam. One is the tale of a quality assurance engineer employed by a midsized consulting firm in Oklahoma working with Fortune 50 companies. The Indian engineer was hired at a salary that was 30 percent lower than he expected. This was in exchange for the promise that his employer would file a green card application. He was told the money would go to attorneys' fees.
For four years, the engineer asked about his application and was repeatedly told it was coming along. The employer blamed the slow progress on the law firm. In fact, the employer had never filed the application. Finally, the engineer found other work and restarted his efforts to obtain permanent residence.
In another case, a senior strategic projects manager who has an engineering background and is working for a Fortune 100 company has been waiting 13 years for his green card, Arumbakkam said.
That manager, also Indian, applied for permanent residency in Canada at the same time he applied for it in the States. After 18 months, Canada offered it to him and his family. His wife and children moved to Vancouver, B.C., where he visits regularly while waiting for a change in his U.S. residency status.
Indians in the United States often have too much trust in their employers and lack knowledge of resources that could help them understand their immigration options, Arumbakkam said. He plans to attend an Immigration Voice rally in Washington on Sept. 18 to urge congressional action on immigration.
But he isn't optimistic. "I just feel that I'm getting pushed further down as far as my career is concerned," he said.
...................
The link is http://www.eetimes.com/news/latest/showArticle.jhtml;jsessionid=314X3PTACJUWMQSNDLOSK HSCJUNN2JVN;?articleID=201802703
EE Times: Latest News
Green-card red tape sends valuable engineers packing
Disenchanted with life in immigration limbo, San Antonio resident Praveen Arumbakkam is abandoning his American dream and returning to his native India.
A senior programmer at a fast-growing IT company, Arumbakkam volunteered for the Red Cross in Texas after Hurricane Katrina hit in 2005. He worked on disaster recovery management software to locate displaced persons, track donations and organize aid distribution.
He had hoped to start a nonprofit disaster recovery management solutions company in the United States, but now he's decided he doesn't want to wait any longer for his green card.
When professionals such as Arumbakkam give up on the States, it creates serious economic consequences, said Vivek Wadhwa, lead author of a study on the subject released last week.
"We've set the stage here for a massive reverse brain drain," said Wadhwa, Wertheim Fellow at Harvard Law School's Labor and Worklife Program.
By the end of fiscal 2006, half a million foreign nationals living in the U.S. were waiting for employment-based green cards, according to the study, released by the nonprofit Kauffman Foundation. Titled "Intellectual Property, the Immigration Backlog, and a Reverse Brain-Drain," the study was based on research by Duke, Harvard and New York University. If spouses and children are included, the number exceeds 1 million.
The study looked at the three main types of employment-based green cards, which cover skill-based immigrants and their immediate families. Including pros- pective immigrants awaiting U.S. legal permanent resident status but living abroad, the numbers hit almost 600,000 in the first group and almost 1.2 million in the second.
The number of available green cards in the three categories totals approximately 120,000. "If there are over a million persons in line for 120,000 visas a year, then we have already mortgaged almost nine years' worth of employment visas," said study author Guillermina Jasso, an NYU sociology professor.
The report also notes that foreign nationals were listed as inventors or co-inventors on 25.6 percent of the international-patent app-lications filed from the United States in 2006, up from 7.6 percent in 1998.
U.S. companies bring in many highly skilled foreigners on temporary visas and train them in U.S. business practices, noted Wadhwa, an executive in residence at Duke University's Pratt School of Engineering. Those workers are then forced to leave, and "they become our competitors. That's as stupid as it gets," he said. "How can this country be so dumb as to bring people in on temporary visas, train them in our way of doing business and then send them back to compete with us?"
Many in the engineering profession argue that American tech employers take advantage of the work visa system for their own benefit. They state that though there is plenty of American engineering talent available, employers use the programs to hire cheaper foreign labor.
And others counter the concern that large numbers of foreign residents will depart America. Most immigrants who have waited years for green cards will remain firm in their resolve, given the time and effort they have already invested, believes Norm Matloff, a computer science professor at the University of California at Davis. "People are here because they want to be here," he said. "They place a high value on immigrating."
But while Arumbakkam wants to be here, he has had enough of waiting. And his story is typical of those foreign-born tech professionals who return home.
In July 2001, the then 27-year-old Arumbakkam arrived on a student visa to get his master's in information technology at Clarkson University in Potsdam, New York. He has a bachelor's degree from the highly ranked University of Madras in southern India.
Arumbakkam said he "pretty much loved the society and the infrastructure for advanced education" in the States. In the post-Sept. 11 climate toward foreigners, however, he found it difficult to get work. After sending out countless resumes, he took an internship in Baltimore, followed by a job in Michigan.
That post didn't bring him any closer to his goal of permanent residency, however. He next took a job in San Antonio and insisted his employer secure him a green card. About that time, the government established an "application backlog elimination" center. "My application went straight into this chasm. I don't know what happened after that," he said. "That was pretty much a blow."
In 2005, he landed his current job, where he's happy with the work environment and the salary. His employer applied for a green card when the government rolled out an online system that was supposed to streamline the process.
But since then, with two applications in the works, Arumbakkam has been waiting-and waiting. In the meantime, his work status can't change, meaning no pay raises or promotions.
Page 2 of 2
Arumbakkam knows plenty of others in the same boat. In early 2006, he ran across Immigration Voice, a nonprofit national group that supports changes in immigration law affecting highly skilled workers. The 22,000-member organization includes professionals in a wide range of fields, from engineers and doctors to architects. Many have families, and all are stuck in the legal process.
"I heard horror stories," said Arumbakkam. One is the tale of a quality assurance engineer employed by a midsized consulting firm in Oklahoma working with Fortune 50 companies. The Indian engineer was hired at a salary that was 30 percent lower than he expected. This was in exchange for the promise that his employer would file a green card application. He was told the money would go to attorneys' fees.
For four years, the engineer asked about his application and was repeatedly told it was coming along. The employer blamed the slow progress on the law firm. In fact, the employer had never filed the application. Finally, the engineer found other work and restarted his efforts to obtain permanent residence.
In another case, a senior strategic projects manager who has an engineering background and is working for a Fortune 100 company has been waiting 13 years for his green card, Arumbakkam said.
That manager, also Indian, applied for permanent residency in Canada at the same time he applied for it in the States. After 18 months, Canada offered it to him and his family. His wife and children moved to Vancouver, B.C., where he visits regularly while waiting for a change in his U.S. residency status.
Indians in the United States often have too much trust in their employers and lack knowledge of resources that could help them understand their immigration options, Arumbakkam said. He plans to attend an Immigration Voice rally in Washington on Sept. 18 to urge congressional action on immigration.
But he isn't optimistic. "I just feel that I'm getting pushed further down as far as my career is concerned," he said.
...................
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minimalist
05-21 10:55 AM
For EAD ,the documentation is pretty simple and straightforward.
Please goto USCIS site and take a look at I765 form and the associated instructions. Once you spend 15 minutes on that, you will have most questions answered yourself. For the ones you have doubts, please post back.
Thanks
Please goto USCIS site and take a look at I765 form and the associated instructions. Once you spend 15 minutes on that, you will have most questions answered yourself. For the ones you have doubts, please post back.
Thanks
imind
03-12 03:50 PM
You can go to dice.com or any other jobportal and search for any IT job and you will see lot of jobs says:
NO H1Bs....ONLY EAD/GC/CITIZENSIP .
NO H1Bs....ONLY EAD/GC/CITIZENSIP .
danila
07-27 07:45 AM
Part 6 , Processing Information On Page8 of I-765 Instructions states =>
"Interim EAD. If you have not received a decision within90 days of receipt by USCIS of a properly filed EADapplication or within 30 days of a properly filed initial EADapplication based on an asylum application filed on or afterJanuary 4, 1995, you may obtain interim work authorization byappearing in person at your local USCIS district office. Youmust bring proof of identity and any notices that you havereceived from USCIS in connection with your application foremployment authorization."
Notice that Interim EAD is for ASYLUM Applicants.
Not true. It is 30 days for the asylum based apps and 90 days for the rest.
"Interim EAD. If you have not received a decision within90 days of receipt by USCIS of a properly filed EADapplication or within 30 days of a properly filed initial EADapplication based on an asylum application filed on or afterJanuary 4, 1995, you may obtain interim work authorization byappearing in person at your local USCIS district office. Youmust bring proof of identity and any notices that you havereceived from USCIS in connection with your application foremployment authorization."
Notice that Interim EAD is for ASYLUM Applicants.
Not true. It is 30 days for the asylum based apps and 90 days for the rest.