texasguy
06-13 11:58 AM
Thank you all for your prompt reply.
We have the police report and I filed e-filed I-90 replacement application.
Hopefully, this situation does not happen to anyone.
Thank you all once again.
We have the police report and I filed e-filed I-90 replacement application.
Hopefully, this situation does not happen to anyone.
Thank you all once again.
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adi787
11-11 07:58 PM
Hello RamK:
Would you please share your exp here?
Were you able to invoke AC21?
Also, can I have my H1B extended after 6th year( 3 yr ext), based on 140 approved.
Would you please share your exp here?
Were you able to invoke AC21?
Also, can I have my H1B extended after 6th year( 3 yr ext), based on 140 approved.
hpandey
03-05 06:21 PM
The FDIC has less than 50 billion left but I think if the govt can provide the banks with a trillion dollars then it will certainly bail out FDIC. No need to panic . FDIC will be the last bastion to fall. The govt would certainly not let it happen in any scenario.
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sri@180
02-08 08:12 AM
Who are comming from USA ,did have particular consulate to attend.
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small2006
08-16 05:32 PM
I was told that "amending" H1B is the same as applying for a new H1B. Does this mean that I will get a new 797 approval and I would have to get a new stamping on my passport? I just got my passport stamped with a 3 year extension till 2009. I don't want to go thru that again if I can avoid it.
Thanks.
Thanks.
nogc_noproblem
04-09 04:34 PM
If your I-140 is approved and if your I485 is pending for more than 180 days, you can move to a new employer. In such case you can use your valid EAD for the employment with the new employer OR you can transfer your valid H1B to the new employer. AC21 is about just informing USCIS about your job change, no matter whether you are using EAD and H1 transfer.
Note:
- Informing USCIS is not mandatory, it is a gray area.
- 180 days waiting period is just to be on the safer side. After 180 days of filing I485, invoking of approved I140 by your previous employer will not have any effect.
Hope it is clear.
If you are planning to work on EAD, then you are not using AC21.
Is my understanding correct?
Note:
- Informing USCIS is not mandatory, it is a gray area.
- 180 days waiting period is just to be on the safer side. After 180 days of filing I485, invoking of approved I140 by your previous employer will not have any effect.
Hope it is clear.
If you are planning to work on EAD, then you are not using AC21.
Is my understanding correct?
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go_guy123
04-17 05:36 PM
they will not "do away" with comprehensive..... if it fails this year they will bring it up again next year and next..... there is no room for piecemeal...... if there were.... they would do it after cir failed in 2006, but they didn't..... they could do after cir failed in 2007, but again they didn't...... or they could do piecemeal in 2008, 9 or 10..... the fact they didn't .... it just tells us that we ought to learn something here..... there is nothing called piecemeal & there will never be anything called piecemeal in this leg of immigration reform, other than our own fantasy world.... so get over it...... there is only 1 way to do it.... cir
lets start the undocumented bashing party now......
Eventually something's got to give. Standoffs don't remain forever. Just like 1st world war
trench warfare was a standoff tactic but was eventually made redundant by invention of tanks.
Same way this standoff wont remain forever (of course many waiting EB2/3 I might lose patience ), either GOP will get into power and force the piecemeal through or Hispanic caucus might gain even more power to force CIR through.
Repeated failures might weaken the CIR coalition (Refer the Greg Siskind post about MALDEF chief few months back).
lets start the undocumented bashing party now......
Eventually something's got to give. Standoffs don't remain forever. Just like 1st world war
trench warfare was a standoff tactic but was eventually made redundant by invention of tanks.
Same way this standoff wont remain forever (of course many waiting EB2/3 I might lose patience ), either GOP will get into power and force the piecemeal through or Hispanic caucus might gain even more power to force CIR through.
Repeated failures might weaken the CIR coalition (Refer the Greg Siskind post about MALDEF chief few months back).
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krishnam70
03-05 12:00 PM
There is a sudden change of plan. My company wants me in US for two months - March 15 - May 15. Then i have to go back to India till Dec 09 and come back to join work from Jan 2010. My questions -
1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
2. Any other situation or scenario that i should be aware of?
3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
4. How long can i stay outside US on a H1b visa?
Thanks a lot.
This might be an Attorney question
1. H1B petition is filed on a premise that a person with your 'unique' skillset is not available in local market and so they are sponsoring you
2. If you are going to be away from your place of work for such a long time, its the responsibility of the company to prove that you are indeed really required here and your assignment in your home country is really needed to get the work you are doing here moving etc etc.
3. I guess for you to be able to claim as an H1B you should basically work x number of hours a week/month/year on H1 here. Not sure how your going to home country and working there would qualify here
4. Your company might need to run your payroll here. Now as far as physical presence in this country you need to speak to your HR/Attorney on what the requirements are ( for other cases it is 181 days of continuous stay). Check with them what it needs to be for an H1.
On the whole this is a purely a LEGAL question and I am not sure if any of the advise you get here is guaranteed to work or be legal.
- cheers
kris
1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
2. Any other situation or scenario that i should be aware of?
3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
4. How long can i stay outside US on a H1b visa?
Thanks a lot.
This might be an Attorney question
1. H1B petition is filed on a premise that a person with your 'unique' skillset is not available in local market and so they are sponsoring you
2. If you are going to be away from your place of work for such a long time, its the responsibility of the company to prove that you are indeed really required here and your assignment in your home country is really needed to get the work you are doing here moving etc etc.
3. I guess for you to be able to claim as an H1B you should basically work x number of hours a week/month/year on H1 here. Not sure how your going to home country and working there would qualify here
4. Your company might need to run your payroll here. Now as far as physical presence in this country you need to speak to your HR/Attorney on what the requirements are ( for other cases it is 181 days of continuous stay). Check with them what it needs to be for an H1.
On the whole this is a purely a LEGAL question and I am not sure if any of the advise you get here is guaranteed to work or be legal.
- cheers
kris
more...
sri1309
10-23 07:08 PM
Thanks guys,
One more related question.
If one has 3 year H1B extension BASED on approved I-140, and a July 07 filer. What about in that case. Will the 485 denial affect that extended H1. Assume in this case that the EAD is not used at any point by primary or spouse who is on her own H1
One more related question.
If one has 3 year H1B extension BASED on approved I-140, and a July 07 filer. What about in that case. Will the 485 denial affect that extended H1. Assume in this case that the EAD is not used at any point by primary or spouse who is on her own H1
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kukitron
12-14 08:28 AM
Most of them get cash,
Where I live in a chicago suburb, we got flooded in the last 3 years with them, it is just insane the amount of people who arrived in such a short time,
You'll see them in the store buying everything in cash,
maybe some of the have my or your SSN, those guys don't respect anything...
Where I live in a chicago suburb, we got flooded in the last 3 years with them, it is just insane the amount of people who arrived in such a short time,
You'll see them in the store buying everything in cash,
maybe some of the have my or your SSN, those guys don't respect anything...
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thesparky007
04-16 11:36 AM
here is a new one
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pmgthj
03-14 09:38 PM
bbct, I filed my I-485 with NSC originally, but it was transfered to local office last month for interview.
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AGC4ME
01-12 07:05 PM
Can the period for which PD was not current be taken into account while counting the wait period?
Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?
Yes. As long as your PD was current in some point of time you can file WOM. Be sure to include Department of State as a defendant so it could be ordered to release a visa number for you.
Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?
Yes. As long as your PD was current in some point of time you can file WOM. Be sure to include Department of State as a defendant so it could be ordered to release a visa number for you.
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bugmenot
11-11 03:54 PM
both the parties have decided not to touch immigration at all this year (till elections) they have decided against any increase in any numbers (h1b's, GC's) etc, so much so that the senate are requesting chertoff (homeland security secretary) to increase the OPT time for international student to 2.5 years so they can temp overide the h1b jam.
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EB3_SEP04
08-24 01:25 AM
You are not the only one to get that message. Info pass appointments are tough to get now. Check during odd hours. I finally found one after hours. ASC's are NOT the same as Field offices. Also Some Field offices require you to show the corresponding state drivers license.
Since my current EAD is expiring Sep 10th, I'm planning to go to the local USCIS office for an interim EAD in first week of Sep.
What is the procedure, do i need to take infopass or any other apoointment or just walk in with papers ?
It's not yet been 90 days since i filed, but i still want to give it a shot. I plan to take a letter from my employer saying without interim EAD (without me being able to work) company would face a setback in a critical phase of project.
I also plan to use such a letter in support of an expedite request.
Gurus please advice:
- How soon should I fax expedite request?
- How soon/late should i go to local USCIS office for interim EAD?
- Could one interfere the other?
Thanks!
Since my current EAD is expiring Sep 10th, I'm planning to go to the local USCIS office for an interim EAD in first week of Sep.
What is the procedure, do i need to take infopass or any other apoointment or just walk in with papers ?
It's not yet been 90 days since i filed, but i still want to give it a shot. I plan to take a letter from my employer saying without interim EAD (without me being able to work) company would face a setback in a critical phase of project.
I also plan to use such a letter in support of an expedite request.
Gurus please advice:
- How soon should I fax expedite request?
- How soon/late should i go to local USCIS office for interim EAD?
- Could one interfere the other?
Thanks!
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sk2006
05-22 07:42 AM
Guys,
I just wanted to get an opinion of the gurus whether a person can deal with stock trading while on H1-B visa. Can someone point me to some documentation or laws on this? I plan to open an account with e-trade/scott trade .... Your comments are appreciated.
You can do stock trading on H1B.
You can own stocks. Don't you get stock options from your company?
I am doing it since 2000.
I just wanted to get an opinion of the gurus whether a person can deal with stock trading while on H1-B visa. Can someone point me to some documentation or laws on this? I plan to open an account with e-trade/scott trade .... Your comments are appreciated.
You can do stock trading on H1B.
You can own stocks. Don't you get stock options from your company?
I am doing it since 2000.
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puzon23
02-12 10:56 AM
To Whom It May Concern:
My H1B expires in July 2010 so I would have to start the PERM process now. In this current economic downturn it seems that it will be extremely difficult to get PERM certified. I also have a Permanent Residence to Canada. My current US employer would be willing to let me go to Canada for 1 year (and work for him remotely) so my H1B clock resets and then reapply for a fresh 6 years of H1B after I came back.
What would be your advice: go to Canada and wait 1 year and then come back on H1B and apply for GC once things get better or risk it now and start PERM in this time? Please note that I live in New York City so it is even harder to get PERM as there are so many people here. I would like to apply in EB2 category.
Please advise.
Thank you so much for your time!
My H1B expires in July 2010 so I would have to start the PERM process now. In this current economic downturn it seems that it will be extremely difficult to get PERM certified. I also have a Permanent Residence to Canada. My current US employer would be willing to let me go to Canada for 1 year (and work for him remotely) so my H1B clock resets and then reapply for a fresh 6 years of H1B after I came back.
What would be your advice: go to Canada and wait 1 year and then come back on H1B and apply for GC once things get better or risk it now and start PERM in this time? Please note that I live in New York City so it is even harder to get PERM as there are so many people here. I would like to apply in EB2 category.
Please advise.
Thank you so much for your time!
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amitjoey
01-04 04:05 PM
So we are over 8000 strong. Lets target 10,000 by Jan 15?
Yes sbabunle, thanks for your support. That is a good goal. Please support the "Add a member" thread by posting on that thread and keeping it to the top. Please post your inputs, your posts will motivate other members to keep adding new members and inviting new friends to become a member of IV.
Yes sbabunle, thanks for your support. That is a good goal. Please support the "Add a member" thread by posting on that thread and keeping it to the top. Please post your inputs, your posts will motivate other members to keep adding new members and inviting new friends to become a member of IV.
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horus
10-25 10:17 AM
The online status of your H1 petition is irrelevant when you obtain a SSN card. If the SS people are making it a problem, what they are doing is ILLEGAL. They probably lack essential training for a SS employee. They should accept the notice you show them as proof of approval. If they do not, they are supposed to accept your application for a SS card pending further verification, where they manually contact USCIS and verify your approval (through electronic SAVE, or traditional SAVE forms).
If they refuse, demand to ask for a supervisor, and explain that online statuses sometimes never get updated because USCIS is not required to do so.
If they refuse, demand to ask for a supervisor, and explain that online statuses sometimes never get updated because USCIS is not required to do so.
morchu
04-29 06:14 PM
I agree, that for most of the cases "approved" is a safer approach.
But there can be some specific situations.
Lets say I-140 RFE received, to prove "ability to pay", and the response was not good enough to prove that. And before the I140 is approved/rejected, the employee quits and joins another company (after 180 days pending). The I140 is still portable, even if it is not approved, if the new employment matches AC21 conditions.
Even if it represents a small percentage of guys in this situation, it is still good to know that if a dieing company cannot support your I140 anymore because of "ability to pay", there is still hope.
This is a case where, the original employer still want to support your I-140, but "unable to" due to some other changed situations after filing of I140.
================================
Here is the answer from USCIS:
"Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it�s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
response is received, and if the petition is approvable, follow the procedures in part A
"
=============================
so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.
But there can be some specific situations.
Lets say I-140 RFE received, to prove "ability to pay", and the response was not good enough to prove that. And before the I140 is approved/rejected, the employee quits and joins another company (after 180 days pending). The I140 is still portable, even if it is not approved, if the new employment matches AC21 conditions.
Even if it represents a small percentage of guys in this situation, it is still good to know that if a dieing company cannot support your I140 anymore because of "ability to pay", there is still hope.
This is a case where, the original employer still want to support your I-140, but "unable to" due to some other changed situations after filing of I140.
================================
Here is the answer from USCIS:
"Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it�s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
response is received, and if the petition is approvable, follow the procedures in part A
"
=============================
so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.
maddipati1
07-31 06:19 PM
why does it have to be only one option. submit both or even more of other types
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