glus
01-24 01:29 PM
I just checked with my Lawyer. I am a July 2 receipt guy and my 180 days got over. Currently my wife moved from her H1B(not stamped yet, she moved from H4 to H1) to EAD and I am still on H1B.
My lawyer says if I am on H1B and she is on EAD it will create issues when our EAD goes for renewal. She claims I also should change my status now to EAD. I thought staying on H1B was safe and now I get this response. I told her so many people I know have done the same thing and she is asking if I will jump into the well like others:))).
Please advise
It is generally advisable to remain in H1 as long as possible. Your attorney does not seem to be providing right info. No, there can't be any issues when you renew EAD. EAD have no dependence on H1 status.
My lawyer says if I am on H1B and she is on EAD it will create issues when our EAD goes for renewal. She claims I also should change my status now to EAD. I thought staying on H1B was safe and now I get this response. I told her so many people I know have done the same thing and she is asking if I will jump into the well like others:))).
Please advise
It is generally advisable to remain in H1 as long as possible. Your attorney does not seem to be providing right info. No, there can't be any issues when you renew EAD. EAD have no dependence on H1 status.
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thomachan72
06-04 08:30 AM
I am no expert but here are a few suggestions.
Your visa expiry date will correspond to the duration of stay originally requested in your I-129 and stated in the approved Labor C.
However, once you enter the US your attorney will file to extend your visa and your visa will be extended for another 3 years duration from Sept 2010 (when the current one expires). After that 3 year expires you will be eligible for another 2 years + months that remains out of the total 6 years possible.
I dont feel that you have to worry too much. The only problem is you will only have an approval notice after the Sept 2010. Once you leave the US, to reenter you will need to go to any consulate to get the visa stamped.
Welcome to the "immigration maze". When you walk through you will see people stuck, directionless and hopeless. Try to give them a hand. Rarely you will come across people who are "very optimistic" for no obvious reason. Try to get some optimism from them to keep you energized. Best.
Your visa expiry date will correspond to the duration of stay originally requested in your I-129 and stated in the approved Labor C.
However, once you enter the US your attorney will file to extend your visa and your visa will be extended for another 3 years duration from Sept 2010 (when the current one expires). After that 3 year expires you will be eligible for another 2 years + months that remains out of the total 6 years possible.
I dont feel that you have to worry too much. The only problem is you will only have an approval notice after the Sept 2010. Once you leave the US, to reenter you will need to go to any consulate to get the visa stamped.
Welcome to the "immigration maze". When you walk through you will see people stuck, directionless and hopeless. Try to give them a hand. Rarely you will come across people who are "very optimistic" for no obvious reason. Try to get some optimism from them to keep you energized. Best.
coolgc
05-08 05:13 PM
Thank you, indyanguy, morchu and Mr. Reddy for your insights. Since, I am working with the same employer, I think they will not revoke the old I-140. I am not sure if I have to do medical examination again if I decide to send a new I-485?. Can I ask the doctor to re-send the I-693 form?
Thank you again!
Thank you again!
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crazyghoda
04-29 10:27 AM
Filing the application to port as seperate after the 140 is approved assures the attorney & the employer of of 2 things:
1. The attorney gets more money for filing a seperate application.
2. The employer gets to keep you tied down longer since its likely that the USCIS wont know what to do when a seperate application is filed just to port the date. Its not a documented procedure (that I am aware of) in that you have to file Form I-xxx or whatever.
Best to port the PD at the time of filing the 140.
Disclaimer: I am EB3 and I havent tried porting my date to EB2. Just using my basic common sense.
1. The attorney gets more money for filing a seperate application.
2. The employer gets to keep you tied down longer since its likely that the USCIS wont know what to do when a seperate application is filed just to port the date. Its not a documented procedure (that I am aware of) in that you have to file Form I-xxx or whatever.
Best to port the PD at the time of filing the 140.
Disclaimer: I am EB3 and I havent tried porting my date to EB2. Just using my basic common sense.
more...
Michael chertoff
08-07 04:03 PM
so far two..
andycool
02-11 05:03 PM
Hi everyone,
Today i got an alert form USCIS that the pending 485s (for my wife and myself) have been transferred from NSC to TSC. Wanted to see if others with 485s pending at NSC have seen similar action.
My priority date is Oct 2005 and my 485 has been pending at NSC since July 2007.
Did you move to a different state after filing at NSC ??
Today i got an alert form USCIS that the pending 485s (for my wife and myself) have been transferred from NSC to TSC. Wanted to see if others with 485s pending at NSC have seen similar action.
My priority date is Oct 2005 and my 485 has been pending at NSC since July 2007.
Did you move to a different state after filing at NSC ??
more...
kiwi
11-07 10:18 AM
Hello you all,
I guess I am the victim of bad attorney - I didn't do enough of my homework. Here my PD Jan 2003 labor just got approved. Fired my labor attorney who I couldn't never get hold of. In the process of preparing I140, my current attorney found the my company has been at loss in the past 3 years so doesn't look good for I-140 approval. His recommendation is to renew H1b then file PERM next year with a different employer. As depressing as it could be - I have to move forward.
I am in Michigan and intended to move to bay area. My job is IT senoir development/IT project management for 8 years. This time I would like to do some homework: before I start to look for a new job in bay area, does anyone know what is the approx. prevailing wage for EB2?
Can someone give me some infomation on this or where I could find it?
Thanks.
K.
I guess I am the victim of bad attorney - I didn't do enough of my homework. Here my PD Jan 2003 labor just got approved. Fired my labor attorney who I couldn't never get hold of. In the process of preparing I140, my current attorney found the my company has been at loss in the past 3 years so doesn't look good for I-140 approval. His recommendation is to renew H1b then file PERM next year with a different employer. As depressing as it could be - I have to move forward.
I am in Michigan and intended to move to bay area. My job is IT senoir development/IT project management for 8 years. This time I would like to do some homework: before I start to look for a new job in bay area, does anyone know what is the approx. prevailing wage for EB2?
Can someone give me some infomation on this or where I could find it?
Thanks.
K.
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admin
06-02 07:01 AM
My spouse's employer will apply for her H1B shortly (she is on F1 right now). Her passport expires in March 2007 but the Indian consulate does not allow you for a renewal earlier than 6 months of the expiration date.
Does USCIS have any requirements for validity dates for passport when application for H1B is sent?
I think USCIS will allow you to file for her H-1. BTW the H-1 quota is over for FY2007 - http://immigrationvoice.org/forum/showthread.php?t=1039
However if your wife has a Masters degree from the US she might still be able to apply.
Does USCIS have any requirements for validity dates for passport when application for H1B is sent?
I think USCIS will allow you to file for her H-1. BTW the H-1 quota is over for FY2007 - http://immigrationvoice.org/forum/showthread.php?t=1039
However if your wife has a Masters degree from the US she might still be able to apply.
more...
teachamerica07
09-04 04:58 PM
Yes. Reenter on AP .
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GCeffect
02-09 01:39 PM
Both the H1b have the same president's name and address during the application. is that enough. As I left that company and have no good terms with the last company anymore I don't know what kind of proof I can get. Also during the H1b application for Company A I receive some paper from the compnay that mentioned that the payroll of Company B is processed by Company A. All my W2's are from company A even i was working for company B.
Please advice
You have to somehow prove to USCIS that company A and C are subsidiaries and mere mentioning that they have been owned by the same person may not fly. You need some kind of proof on paper.
This is just one suggestion , ofcourse you have to talk to a lawyer before doing anything.
Please advice
You have to somehow prove to USCIS that company A and C are subsidiaries and mere mentioning that they have been owned by the same person may not fly. You need some kind of proof on paper.
This is just one suggestion , ofcourse you have to talk to a lawyer before doing anything.
more...
waitingimmigrant
10-21 04:38 PM
sorry folks ... new member here...
my profile should have some info now....
my profile should have some info now....
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pappu
02-11 11:22 AM
Pappu,
I agree, and so just to vent, IV forum participation must be a give and take, it is shameful and unethical to ask questions and run away once its been answered or their problems are resolved, we have thousands of members and only a handful of them have contributed towards 2009 contributions, the total has not even touched $1500?? there is a limit to being a free rider, at times like these when legal immigration has hit bottom in the priorities list, cant we atleast pool some money and support those who are trying to work for us?? is it too much to ask? its just not enough to say "god will help us", god helps only those who help themselves.
I agree. We are not able to exploit our full potential and come up short in our efforts due to lack of enough support. Imagine if we had hundred thousand members.
or even if we can get the current 30k members to contribute it will be a huge boost. I feel if we can get everyone from other websites to IV that may help us get more participation and contributions.
Individual $20 or $50 should get mass participation. We collected 1K yesterday after a lot of effort. That 1K will be peanuts when we take it and talk to a lobbyist. It will not even get us past initial briefing session if you really want to do full fledged lobbying. If your average lawyer charges you $250 to talk to you only for 15 minutes, imagine how much a lobbyist can charge you to talk let alone go out and allow you to purchase the political capital he has. You should look at how much our rivals spend against us. They even have full time employees and lobbyists on payroll and an office . On the other hand we are simply trying to manage this effort while doing our day jobs and reducing our family time in the evening, nights and weekends. Some of us take time off from work and travel to DC. That time could have been used for trips to Home country or for vacations. Core members, chapter leaders and many active members since the beginning of this effort have made sacrifices. I just hope members are able to see the complete picture of this effort before forming an opinion and taking a decision.
When they see it as their own effort they will participate more actively and make IV their website to go to and participate.
I agree, and so just to vent, IV forum participation must be a give and take, it is shameful and unethical to ask questions and run away once its been answered or their problems are resolved, we have thousands of members and only a handful of them have contributed towards 2009 contributions, the total has not even touched $1500?? there is a limit to being a free rider, at times like these when legal immigration has hit bottom in the priorities list, cant we atleast pool some money and support those who are trying to work for us?? is it too much to ask? its just not enough to say "god will help us", god helps only those who help themselves.
I agree. We are not able to exploit our full potential and come up short in our efforts due to lack of enough support. Imagine if we had hundred thousand members.
or even if we can get the current 30k members to contribute it will be a huge boost. I feel if we can get everyone from other websites to IV that may help us get more participation and contributions.
Individual $20 or $50 should get mass participation. We collected 1K yesterday after a lot of effort. That 1K will be peanuts when we take it and talk to a lobbyist. It will not even get us past initial briefing session if you really want to do full fledged lobbying. If your average lawyer charges you $250 to talk to you only for 15 minutes, imagine how much a lobbyist can charge you to talk let alone go out and allow you to purchase the political capital he has. You should look at how much our rivals spend against us. They even have full time employees and lobbyists on payroll and an office . On the other hand we are simply trying to manage this effort while doing our day jobs and reducing our family time in the evening, nights and weekends. Some of us take time off from work and travel to DC. That time could have been used for trips to Home country or for vacations. Core members, chapter leaders and many active members since the beginning of this effort have made sacrifices. I just hope members are able to see the complete picture of this effort before forming an opinion and taking a decision.
When they see it as their own effort they will participate more actively and make IV their website to go to and participate.
more...
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pkjena
10-17 07:44 PM
I am one of the July 2 filers. I need to go to India on 1st November. I was hoping that AP will come by that time. But there has been no progress on that. Just spoke to my Attorney. She said that USCIS does not have any facility to issue AP for an emergency.
Then I called USCIS. I was told the same thing. The Customer Service representative said - I should go wherever I need to go. On arrival contact the local US Embassy and tell them that you need AP to travel back. They will "guide you".
On this forum I have read about INFOPASS many times. I was hoping to use that facility if I did not get AP in time. I am trying to find out if anybody actually used INFOPASS to meet a local Immigration Officer and got AP on an emergency basis.
No theoretical guesses please.
Thanks
Then I called USCIS. I was told the same thing. The Customer Service representative said - I should go wherever I need to go. On arrival contact the local US Embassy and tell them that you need AP to travel back. They will "guide you".
On this forum I have read about INFOPASS many times. I was hoping to use that facility if I did not get AP in time. I am trying to find out if anybody actually used INFOPASS to meet a local Immigration Officer and got AP on an emergency basis.
No theoretical guesses please.
Thanks
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Robert Kumar
03-17 05:16 PM
If your documents are in order then there is really no need to worry. The employer memo you are talking about is about employer - employee relationship. If a worker on H1 visa is working at a client site where his / her employer do not directly control the day to day activity then that person will be denied H1.
In plain terms if you are on staff augmentation project and report to a client manager who controls your day to day assignment and your H1 employer only runs your payroll then there will be issues when you go for stamping with a possibility of your visa getting denied.
I thought that manager control rule is for L1 visa, where consultant must work only at direct client site.
In plain terms if you are on staff augmentation project and report to a client manager who controls your day to day assignment and your H1 employer only runs your payroll then there will be issues when you go for stamping with a possibility of your visa getting denied.
I thought that manager control rule is for L1 visa, where consultant must work only at direct client site.
more...
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vin13
12-11 04:36 PM
Since the AP application is over 90 days pending, you may be eligible to discusss with the customer service. If you do not get good answer, you may be able to schedule an infopass.
We found out at the Infopass that my wife's AP application had been approved 2 months ago. But online system still shows as pending but just got a soft LUD on the date it was approved. So you never know what you may find out.
But not sure if they would give out information to the applicant's spouse
We found out at the Infopass that my wife's AP application had been approved 2 months ago. But online system still shows as pending but just got a soft LUD on the date it was approved. So you never know what you may find out.
But not sure if they would give out information to the applicant's spouse
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MatsP
November 9th, 2004, 07:37 AM
Hi Mandy, and welcome to Dphoto.
The choice of DSLR's is not an easy one.
By all accounts, the Digital Rebel/300D is an excellent camera.
So is the Olympus, as far as I know.
The Canon will give you a greater selection of lenses.
There's also another great choice in the Nikon D70.
Why would one be better than the other? Depends on what you want, really. All of them take good photos.
Canon probably have THE best selection of lenses, all the way from cheap-n-cheerful to expen$ive professional level where a single lens will break your budget several times over. There's also a good selection of other accessories, such as a number of flash-guns, and other bits and pieces.
At $779.95 (after rebate) from B&H Photo (this is not an endorsement), it leaves you with a small lump of money to extend the kit, or spare cash for your trip.
The big advantage on the Nikon D70 compared to Canon would be it's ability to take more fast shots in a row. That would be useful if you're after snapping sports/action shots, but if you just want to take a few shots of beutiful land/streetscapes, your friends/family and the odd young one having a go at baseball, it's not really an advantage as such. There may be some other features that I don't know about, but I would think those differences are minor. On the other hand, it's a little bit out of your budget.
The big advantage on Olympus side is the smaller form-factor for the lenses. I'm pretty sure that Olympus would want it to stay, and it's very unlikely to disappear in the next few years. If anything, it's most likely a forward path, but who knows... I'm pretty sure both Canon and Nikon are watching carefully.
I own the EOS 10D, because I wanted the sports ability, which is slightly better on the 10D compared to the Digital Rebel. But I was locked into Canon from owning a fair amount of lenses that would cost MUCH more than the cost of the camera body to replace. I've been "collecting" those lenses for some time. And to sell used lenses to buy similar ones from another brand gets pretty expensive, so once you've selected a brand, you need a much bigger advantage from another brand to switch.
That doesn't apply when the photographer gets paid for the pictures taken, especially since the equipment in this case often gets quite a bit of (accidental) abuse, and needs replacing with much shorter intervals than the amateurs would anyway. This is why Canon pretty much won overnight on the transition to Autofocus. Canon had a better solution than Nikon, but they also "forced" a change of lenses. The professionals jumped on the Canon system because it gave them a small advantage of getting a better shot, even if they used to have a Nikon before they changed over].
Anyway, I'm not sure this is much help, but perhaps gives you a few pointers in the right direction.
Also, I would advice that you get the camera at least a few weeks before you go on vacation, so that you can get used to the camera.
--
Mats
The choice of DSLR's is not an easy one.
By all accounts, the Digital Rebel/300D is an excellent camera.
So is the Olympus, as far as I know.
The Canon will give you a greater selection of lenses.
There's also another great choice in the Nikon D70.
Why would one be better than the other? Depends on what you want, really. All of them take good photos.
Canon probably have THE best selection of lenses, all the way from cheap-n-cheerful to expen$ive professional level where a single lens will break your budget several times over. There's also a good selection of other accessories, such as a number of flash-guns, and other bits and pieces.
At $779.95 (after rebate) from B&H Photo (this is not an endorsement), it leaves you with a small lump of money to extend the kit, or spare cash for your trip.
The big advantage on the Nikon D70 compared to Canon would be it's ability to take more fast shots in a row. That would be useful if you're after snapping sports/action shots, but if you just want to take a few shots of beutiful land/streetscapes, your friends/family and the odd young one having a go at baseball, it's not really an advantage as such. There may be some other features that I don't know about, but I would think those differences are minor. On the other hand, it's a little bit out of your budget.
The big advantage on Olympus side is the smaller form-factor for the lenses. I'm pretty sure that Olympus would want it to stay, and it's very unlikely to disappear in the next few years. If anything, it's most likely a forward path, but who knows... I'm pretty sure both Canon and Nikon are watching carefully.
I own the EOS 10D, because I wanted the sports ability, which is slightly better on the 10D compared to the Digital Rebel. But I was locked into Canon from owning a fair amount of lenses that would cost MUCH more than the cost of the camera body to replace. I've been "collecting" those lenses for some time. And to sell used lenses to buy similar ones from another brand gets pretty expensive, so once you've selected a brand, you need a much bigger advantage from another brand to switch.
That doesn't apply when the photographer gets paid for the pictures taken, especially since the equipment in this case often gets quite a bit of (accidental) abuse, and needs replacing with much shorter intervals than the amateurs would anyway. This is why Canon pretty much won overnight on the transition to Autofocus. Canon had a better solution than Nikon, but they also "forced" a change of lenses. The professionals jumped on the Canon system because it gave them a small advantage of getting a better shot, even if they used to have a Nikon before they changed over].
Anyway, I'm not sure this is much help, but perhaps gives you a few pointers in the right direction.
Also, I would advice that you get the camera at least a few weeks before you go on vacation, so that you can get used to the camera.
--
Mats
more...
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coopheal
11-02 01:51 AM
Contributed $100 for Nov.
Transaction ID: 9771***********
Contribute now
1) so that IV dont have to pass an opportunity during lame duck session or early next year.
2) for your GC.
Transaction ID: 9771***********
Contribute now
1) so that IV dont have to pass an opportunity during lame duck session or early next year.
2) for your GC.
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Dhundhun
04-29 06:19 PM
Dhundhun, If you saved a copy of mailed check, Please look for any technical errors like amount in words/figures . Also check for whom it was written ( They demand it to be written for: US Department of Homeland Security) not abbreviations DHS or so.
Duplicate filing may be okay but may involve stop payment of check n withdrawal of 'right' application -- may create a kinda confusion if it is already in process missing on-line updates. Unfortunately, we are always on the receiving end..
BTW: mine was delivered at Phoenix,AZ on 4/12, checks cashed on 4/23 and I received RN yesterday, it is late but most are getting in 2-3 wks time.
Thanks Gbof. I remember of writing check correctly.
Duplicate filing may be okay but may involve stop payment of check n withdrawal of 'right' application -- may create a kinda confusion if it is already in process missing on-line updates. Unfortunately, we are always on the receiving end..
BTW: mine was delivered at Phoenix,AZ on 4/12, checks cashed on 4/23 and I received RN yesterday, it is late but most are getting in 2-3 wks time.
Thanks Gbof. I remember of writing check correctly.
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mchundi
09-11 12:40 PM
Hi,
Our applications (myself and my wife) reached USCIS NSC on July 2nd. On 09/08/2007, we both received EAD's and today (09/10/2007), we received Notice from CSC that our cases are being transferred to NSC as our cases fall under NSC's jurisdiction. My I-140 was approved by NSC in Feb 2007.
Also, our cases were received on July 2nd @ NSC and the RD on Transfer Notice I received today have RD of 08/28/2007.
Anybody in same situation...I am confused here....don't know how cases are being transfered from Center to Center and why RD is not July 2nd.
Comments ???
Cooldude
No wonder NSC claims that it has completed data entry for most of july. My case was mailed to NSC on july 2. I did not receive anything so far. My I140 was approved by CSC though, so my lawyer thinks my case may have been transferred to CSC, but my new I140(acquisition) is at NSC. hopefully i will hear from them soon.
Our applications (myself and my wife) reached USCIS NSC on July 2nd. On 09/08/2007, we both received EAD's and today (09/10/2007), we received Notice from CSC that our cases are being transferred to NSC as our cases fall under NSC's jurisdiction. My I-140 was approved by NSC in Feb 2007.
Also, our cases were received on July 2nd @ NSC and the RD on Transfer Notice I received today have RD of 08/28/2007.
Anybody in same situation...I am confused here....don't know how cases are being transfered from Center to Center and why RD is not July 2nd.
Comments ???
Cooldude
No wonder NSC claims that it has completed data entry for most of july. My case was mailed to NSC on july 2. I did not receive anything so far. My I140 was approved by CSC though, so my lawyer thinks my case may have been transferred to CSC, but my new I140(acquisition) is at NSC. hopefully i will hear from them soon.
FredG
June 25th, 2006, 09:01 PM
I suspect you're in the majority, Nik. I figured the baby jogger would provide sufficient cover. :)
cheg
08-20 10:00 PM
you'll see your private message (PM) on the top right side of your screen. Just click on that. :)
GCOrNoGC - what do u mean by PM's..? I have not recd. anything from u.!
GCOrNoGC - what do u mean by PM's..? I have not recd. anything from u.!
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