andy garcia
01-23 02:42 PM
Does she need her H4 approved to have her prospective employer file the I 129? (or) Can she just provide the notice of action she received for her H4 extension filing along with her I 129 to show that she is maintaining status?
Any one??
This is what the 129 instructions specify. I think that you will have to wait until the new I94 with the new dates is issued. Hopefully she will get it before April 1.
Change of Status.
In addition to the initial evidence for the classification you are requesting, a petition requesting a change of status for an alien in the United States must be submitted with a copy of the employee's(s) Form I-94, Nonimmigrant Arrival/Departure Record.
andy
Any one??
This is what the 129 instructions specify. I think that you will have to wait until the new I94 with the new dates is issued. Hopefully she will get it before April 1.
Change of Status.
In addition to the initial evidence for the classification you are requesting, a petition requesting a change of status for an alien in the United States must be submitted with a copy of the employee's(s) Form I-94, Nonimmigrant Arrival/Departure Record.
andy
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WeShallOvercome
07-12 03:05 PM
One of my friend got EAD 2 year back even though his priority date was not came. Ofcourse this was even b4 this mess created USCIS. He was still using his H1 till couple months back, he is afraid of USCIS may roll back his EAD since PD is not yet reached.
I do heared 11 people from Infxxxx company got EAD even though their PD was not current. They are saying by mistake send the package but they got EAD.
I do know personally that person on the 1st paragraph, on the 2nd paragraph I dont have any evidence.....
Just sharing this information to help this thread, hope there may be lot more cases got EAD without PD even before this mess they have created.:D
You don't need your PD to be current for EAD/AP
I do heared 11 people from Infxxxx company got EAD even though their PD was not current. They are saying by mistake send the package but they got EAD.
I do know personally that person on the 1st paragraph, on the 2nd paragraph I dont have any evidence.....
Just sharing this information to help this thread, hope there may be lot more cases got EAD without PD even before this mess they have created.:D
You don't need your PD to be current for EAD/AP
Ennada
09-11 09:22 AM
It is so pathetic that there are so much people waiting in EB3-I category.
This Guy just applied in Dec 2004 and got GC. His question is whether i need to carry ?
it is only karma.
I feel for you buddy. You can't be hating the player....you got to hate the game. This is exactly how I felt when 2006 PDs were getting approved last year. You are totally right....GC depends on your Karma.
This Guy just applied in Dec 2004 and got GC. His question is whether i need to carry ?
it is only karma.
I feel for you buddy. You can't be hating the player....you got to hate the game. This is exactly how I felt when 2006 PDs were getting approved last year. You are totally right....GC depends on your Karma.
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gc_chahiye
12-04 12:57 AM
gc_chahiye, Thanks for your response. So, can I be on H1 with my current employer, A, and on EAD with my new employer, B, simultaneously?
Also, employer B might be able to start me on H1-B (my preference--just in case)--though as you said, B will have petition my new H1 for concurrent filing. My other option, of course, is to wait until Feb '08--though I'll miss out on a month's salary from B (not a biggie in order to not have any potential issues).
There are a few lawyers who say this is possible, but the majority consensus is that using EAD with even one employer invalidates your H1.
Dont worry about a months salary at this point. If you want to maintain H1, try to delay the H1 transfer a bit so that you complete as much of 180 days as possible with your current employer.
Also, employer B might be able to start me on H1-B (my preference--just in case)--though as you said, B will have petition my new H1 for concurrent filing. My other option, of course, is to wait until Feb '08--though I'll miss out on a month's salary from B (not a biggie in order to not have any potential issues).
There are a few lawyers who say this is possible, but the majority consensus is that using EAD with even one employer invalidates your H1.
Dont worry about a months salary at this point. If you want to maintain H1, try to delay the H1 transfer a bit so that you complete as much of 180 days as possible with your current employer.
more...
Naveen
06-20 09:49 AM
What if your state does not have a state chapter?
If you wish the entire immigrationvoice community to assist then some sharing of updates will be necessary outside of these.
What he said!
it is ok to contact any of the leaders for the update
you can link with a neighboring chapter, right now this is an action item being coordinated by the chapters so they have the info.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
If you wish the entire immigrationvoice community to assist then some sharing of updates will be necessary outside of these.
What he said!
it is ok to contact any of the leaders for the update
you can link with a neighboring chapter, right now this is an action item being coordinated by the chapters so they have the info.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
MerciesOfInjustices
05-27 03:44 AM
on 630 KHOW (Capliss & Silverman).
Congressman Udall spoke at length how the conference committee is formed, how it operates and how decisions are reached.
One thing he said is particularly noteworthy. He said, he reads his fellow congressmen and the mood of the House, and at this moment there are 300 congressmen (out of a total of 525) willing to vote in favor of the senate version of the comprehensive immigration bill as it is.
As I said in my posts elsewhere in IV, let's keep our eyes and ears open for the opnions of representatives and follow up on that.
300 out of 435 Reps is a huge and victorious number! Or, did you include the 100 Senators in the broad definition of Congressmen? Even, then 300-67 = 233 is a successful number in the House!
Congressman Udall spoke at length how the conference committee is formed, how it operates and how decisions are reached.
One thing he said is particularly noteworthy. He said, he reads his fellow congressmen and the mood of the House, and at this moment there are 300 congressmen (out of a total of 525) willing to vote in favor of the senate version of the comprehensive immigration bill as it is.
As I said in my posts elsewhere in IV, let's keep our eyes and ears open for the opnions of representatives and follow up on that.
300 out of 435 Reps is a huge and victorious number! Or, did you include the 100 Senators in the broad definition of Congressmen? Even, then 300-67 = 233 is a successful number in the House!
more...
srikondoji
06-16 01:18 PM
eb3_nepa,
Multi national aspect of IV team should come up on its own without anyone of us forcing it that way. One thing we should forcefully implement is give everybody an oppurtunity to speak up, if a right candidate steps up.
Again we should also be concerned about how we are interfacing the outside world. At this point in time we should be result focused than process focused.
thanks
sri
Multi national aspect of IV team should come up on its own without anyone of us forcing it that way. One thing we should forcefully implement is give everybody an oppurtunity to speak up, if a right candidate steps up.
Again we should also be concerned about how we are interfacing the outside world. At this point in time we should be result focused than process focused.
thanks
sri
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man-woman-and-gc
03-03 12:16 PM
Hi,
I may know the answer, but I thought i would check.
Below is my situation:
1) I-140 approved in Jan 2008
2) I-485 pending since July 2007
3) I have a 2 year EAD
Now, if I switch my job and the new employer is not ready to transfer my H1-B, can I use my EAD to work(provided my I-140 is not revoked by the previous employer)
Also, any chance that I could keep my GC application alive? what will happen when my Priority date becomes current.
Thanks in advance.
I may know the answer, but I thought i would check.
Below is my situation:
1) I-140 approved in Jan 2008
2) I-485 pending since July 2007
3) I have a 2 year EAD
Now, if I switch my job and the new employer is not ready to transfer my H1-B, can I use my EAD to work(provided my I-140 is not revoked by the previous employer)
Also, any chance that I could keep my GC application alive? what will happen when my Priority date becomes current.
Thanks in advance.
more...
rajuseattle
04-11 12:51 PM
Kate123:
Is suggests the spillover should occur, but doesnt specify when to apply the spillover and that could explain why DoS didnt assign the entire 12K pool of spillover numbers to all pending /preadjudicated petitions.
Is suggests the spillover should occur, but doesnt specify when to apply the spillover and that could explain why DoS didnt assign the entire 12K pool of spillover numbers to all pending /preadjudicated petitions.
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Canadian_Dream
10-17 02:50 PM
Your AP is most likely approved. The LUD on AP is generally an indication that they have requested it to be printed. (Similar to card production ordered). Unlike EAD there is no status associated with this, in another few days you will see the status changed to Document Mailed to the Applicant. This is for everyone with LUD on AP without change in status.
Folks i got a LUD on my AP 7 days back and again LUD 5 days back. But the status didn't change nor i get any letter of so far.
Does this means i'm on my way to a RFE :) If they send RFE does that gets reflected on the Online Status ??
Thanks much!
Folks i got a LUD on my AP 7 days back and again LUD 5 days back. But the status didn't change nor i get any letter of so far.
Does this means i'm on my way to a RFE :) If they send RFE does that gets reflected on the Online Status ??
Thanks much!
more...
gcformeornot
10-19 09:15 AM
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roseball
04-09 05:25 PM
Thank you axp817 and roseball.
My I 140 got approved just after moving to company B
My old attoney only filed I485 with old labor and I 140.
To summarize your case, you got your LC approved from company A and filed I-140. Then left company A and joined company B. You got your I-140 approved after joining company B so your attorney from company B applied I-485 based on the I-140 approval from company A. Did I get this right?
If so, I hope you are not currently working on EAD. Only way you can save your I-485 petition is if you can get an offer letter from company A stating that you will be re-hired upon GC approval. I hope this is possible and I wish you good luck.
My I 140 got approved just after moving to company B
My old attoney only filed I485 with old labor and I 140.
To summarize your case, you got your LC approved from company A and filed I-140. Then left company A and joined company B. You got your I-140 approved after joining company B so your attorney from company B applied I-485 based on the I-140 approval from company A. Did I get this right?
If so, I hope you are not currently working on EAD. Only way you can save your I-485 petition is if you can get an offer letter from company A stating that you will be re-hired upon GC approval. I hope this is possible and I wish you good luck.
more...
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ScratchingHead
10-01 01:09 PM
Need to travel via British airways. H1b visa is expired and need to get UK transit visa.
Any experiences on the quickest way to get this?
thx
Dont buy air tickets that fly thru UK. Be a dignified India and question why they need a transit visa, when you are not going to set even 1 inch outside the airport.
Any experiences on the quickest way to get this?
thx
Dont buy air tickets that fly thru UK. Be a dignified India and question why they need a transit visa, when you are not going to set even 1 inch outside the airport.
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bsbawa10
03-23 08:07 AM
just wondering, how do you know when your medical and FP expires ?
I hope they will ask us to go through that pain only when they are about to approve a case (just imagine the mess ..if GC takes 10 years and they ask to go medical every 2 years)
Why do they get the FP and Medical if they are going to expire. Why not when they are ready to give the GC. That way they can save time and money for millions of applicants. I guess that is what they do not want to do.
I hope they will ask us to go through that pain only when they are about to approve a case (just imagine the mess ..if GC takes 10 years and they ask to go medical every 2 years)
Why do they get the FP and Medical if they are going to expire. Why not when they are ready to give the GC. That way they can save time and money for millions of applicants. I guess that is what they do not want to do.
more...
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ebizash
07-07 03:11 PM
Could you please explain this a bit. I am not sure if I am understanding this right.
.
My attorney prepared the EVL for my employer to sign. I have handed that over to my boss who has sent it to HR for review. This letter has lot of legal lingo and information related to my LCA and I-140 e.g.,
"We acknowledge that, according to the Immigration and Nationality Act (8 U.S.C. �1154 and 8 U.S.C. �1182(a)(5)(A)), ............"
"We acknowledge that <my name>'s immigration petition filed on <I-140 filing date> listed his job title as <my LCA job title> and <my name>'s current position is in same or similar profession...."
So my concern is why would any employer sign this letter without knowing anything about my LCA, I-140 etc (I had changed job about 240 days after 485 filing). So my current employer may have issues signing this letter.
But my attorney insists that this letter (in same format) needs to be signed in order to respond to the RFE. My thinking is that all this lingo and stuff related to LCA can be eliminated from the letter so that my employer is more comfortable signing it.
.
My attorney prepared the EVL for my employer to sign. I have handed that over to my boss who has sent it to HR for review. This letter has lot of legal lingo and information related to my LCA and I-140 e.g.,
"We acknowledge that, according to the Immigration and Nationality Act (8 U.S.C. �1154 and 8 U.S.C. �1182(a)(5)(A)), ............"
"We acknowledge that <my name>'s immigration petition filed on <I-140 filing date> listed his job title as <my LCA job title> and <my name>'s current position is in same or similar profession...."
So my concern is why would any employer sign this letter without knowing anything about my LCA, I-140 etc (I had changed job about 240 days after 485 filing). So my current employer may have issues signing this letter.
But my attorney insists that this letter (in same format) needs to be signed in order to respond to the RFE. My thinking is that all this lingo and stuff related to LCA can be eliminated from the letter so that my employer is more comfortable signing it.
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brkl1935
04-04 08:52 PM
Very appreciate for grate enthusiasm
more...
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Gravitation
12-16 01:24 PM
Probably a dumb question which was answered before in some other thread.. but just so that I understand better:
Am I correct, or totally off base to say: There are no clear cut legislative guidelines regarding how cascaded visas or recaptured visas are to be used especially w.r.t country limits. USCIS has the discretion in how these visas are to be handed out..
If so, how has USCIS handed out these visas historically?
It's a bit more complicated than that:
Law comes from three sources:
Comman Law: Laws inherited from the british justice system (evolved over centuries).
Legislative Law: Laws passed by congress and signed by the Prez.
Regulatory Law: Regulations created by the regulatory agencies to implement the laws made by congress. Congres doesn't always finalize all the details to the last comma and leaves that work the relevant government agency. For example, FCC, SEC create regulations about how the congress' laws are to implemented. These regulations have to conform the laws passed by congress. These regulations have the force of law.
So when congress did not stipulate any specific overflow mechanism, it left it completely up to USCIS to work that out.
Historically EB2-RoW overflowed to EB2-India and EB3-Row overflowed to EB3-India. Soon after EB3-RoW was retrogressed, USCIS channelled EB2-RoW to EB3-RoW. This is expected to continue till EB3-RoW becomes current itself.
Therefore, if you're looking for any progress in PD, whether EB2 or EB3, the key parameter you should be watching is EB3-RoW cut-off. Only when this becomes current, others can even _think_ of nirvana. Without overflow of RoW's, both EB2-India and EB3-India cannot progress more than a day in every bulletin (at a average). EB3-Row moved a month and a half in Jan bulletin, which counts as a progress, however small, for everyone. That holds true -though not easy to intuit- for EB2-India as well!
Am I correct, or totally off base to say: There are no clear cut legislative guidelines regarding how cascaded visas or recaptured visas are to be used especially w.r.t country limits. USCIS has the discretion in how these visas are to be handed out..
If so, how has USCIS handed out these visas historically?
It's a bit more complicated than that:
Law comes from three sources:
Comman Law: Laws inherited from the british justice system (evolved over centuries).
Legislative Law: Laws passed by congress and signed by the Prez.
Regulatory Law: Regulations created by the regulatory agencies to implement the laws made by congress. Congres doesn't always finalize all the details to the last comma and leaves that work the relevant government agency. For example, FCC, SEC create regulations about how the congress' laws are to implemented. These regulations have to conform the laws passed by congress. These regulations have the force of law.
So when congress did not stipulate any specific overflow mechanism, it left it completely up to USCIS to work that out.
Historically EB2-RoW overflowed to EB2-India and EB3-Row overflowed to EB3-India. Soon after EB3-RoW was retrogressed, USCIS channelled EB2-RoW to EB3-RoW. This is expected to continue till EB3-RoW becomes current itself.
Therefore, if you're looking for any progress in PD, whether EB2 or EB3, the key parameter you should be watching is EB3-RoW cut-off. Only when this becomes current, others can even _think_ of nirvana. Without overflow of RoW's, both EB2-India and EB3-India cannot progress more than a day in every bulletin (at a average). EB3-Row moved a month and a half in Jan bulletin, which counts as a progress, however small, for everyone. That holds true -though not easy to intuit- for EB2-India as well!
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pappu
09-22 06:30 PM
Obama declines using administrative action to push immigration reform
By Michael O'Brien
Excerpt:
President Obama suggested that he would not pursue reforms to the
immigration system through regulations or other administrative policies.
The president said it was important for immigration reform to go through
Congress, lest opponents of comprehensive reform use regulations as a
political opportunity.
"You know, it is a very difficult thing to do administratively, and because
we want comprehensive reform, and because we want the Dream Act, what we
don't want to do is give an excuse to the opposition to say, 'Obama's trying
to do an end-run around Congress,'" Obama
said during an interview on Telemundo ....
Obama has faced criticism from the Hispanic community for failing to follow
through on his pledge to reform the immigration system. He told members of
the Congressional Hispanic Caucus (CHC) last week, though, that he would not
"walk away" from reform, and called on Republicans to join him in passing
legislation.
But Republicans in the Senate have appeared unwilling to find middle ground
with the president over immigration. The Senate GOP has said it would oppose
including the Dream Act, a piece of immigration legislation favored by many
Democrats, in the Defense Authorization bill.
"It appears we're not going to get this done before the election," Obama
told Telemundo of the Dream Act. ...
"We've got to build a consensus around this country," said the president. "I
think we can."
For the full article:
Obama declines using administrative action to push immigration reform - The Hill's Blog Briefing Room (http://thehill.com/blogs/blog-briefing-room/news/120275-obama-declines-using)
-administrative-action-to-reform-immigration
By Michael O'Brien
Excerpt:
President Obama suggested that he would not pursue reforms to the
immigration system through regulations or other administrative policies.
The president said it was important for immigration reform to go through
Congress, lest opponents of comprehensive reform use regulations as a
political opportunity.
"You know, it is a very difficult thing to do administratively, and because
we want comprehensive reform, and because we want the Dream Act, what we
don't want to do is give an excuse to the opposition to say, 'Obama's trying
to do an end-run around Congress,'" Obama
said during an interview on Telemundo ....
Obama has faced criticism from the Hispanic community for failing to follow
through on his pledge to reform the immigration system. He told members of
the Congressional Hispanic Caucus (CHC) last week, though, that he would not
"walk away" from reform, and called on Republicans to join him in passing
legislation.
But Republicans in the Senate have appeared unwilling to find middle ground
with the president over immigration. The Senate GOP has said it would oppose
including the Dream Act, a piece of immigration legislation favored by many
Democrats, in the Defense Authorization bill.
"It appears we're not going to get this done before the election," Obama
told Telemundo of the Dream Act. ...
"We've got to build a consensus around this country," said the president. "I
think we can."
For the full article:
Obama declines using administrative action to push immigration reform - The Hill's Blog Briefing Room (http://thehill.com/blogs/blog-briefing-room/news/120275-obama-declines-using)
-administrative-action-to-reform-immigration
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gc??
11-12 09:31 AM
Is there a conspiracy, first there was delays in the processing of the EADs, now there is delay in the production of the EAD cards...
Are there more RFEs happening too?
My EAD renewal took almost 90 days to get approved, and my employer was ready to let me go if I did not get the approval before my EAD expired. Just made it with 2 days to spare.
Are there more RFEs happening too?
My EAD renewal took almost 90 days to get approved, and my employer was ready to let me go if I did not get the approval before my EAD expired. Just made it with 2 days to spare.
gc_freedom
04-21 11:14 PM
Ski_dude12, immigration voice portal is for helping people with immigration issues.Everyone is welcome here especially if you can contribute something positive and help others.
omahaguy
04-09 05:34 PM
You are right axp817, but small correction.
Company A (old company) attorney filed I 485 based on the I-140 approval from
company A.
Company A (old company) attorney filed I 485 based on the I-140 approval from
company A.