martinvisalaw
06-30 11:25 AM
If you enter with AP, you become a parolee (based on the fact that you get an I-94 with parolee status on it). Then you resume your work with the H-1B employer. After few months, for some reason your I-485 gets denied. Do you become out of status since your status was parolee?
No, you can continue working in H-1B status, assuming this has not also been denied.
No, you can continue working in H-1B status, assuming this has not also been denied.
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singhsa3
09-15 11:47 AM
Folks there are three threads on the forum that are targeting the similar objective.
http://immigrationvoice.org/forum/showthread.php?t=21340
and
http://immigrationvoice.org/forum/showthread.php?t=21453
and
http://immigrationvoice.org/forum/showthread.php?t=21493
Please join on the IV CHAT on Wednesday (09/17/08) 9:30 PM Eastern Standard Time to discuss one course of action.
Please RSVP
This meeting is online and is for an hour.
http://immigrationvoice.org/forum/showthread.php?t=21340
and
http://immigrationvoice.org/forum/showthread.php?t=21453
and
http://immigrationvoice.org/forum/showthread.php?t=21493
Please join on the IV CHAT on Wednesday (09/17/08) 9:30 PM Eastern Standard Time to discuss one course of action.
Please RSVP
This meeting is online and is for an hour.
Rb_newsletter
09-02 10:34 PM
One of my ex-colleagues got his GC approved out of turn last year itself. He was EB3 - PD November 2005. They approved it for him, his wife and his two kids! He is a big devotee of Sathya Sai Baba and I think he certainly got his blessings on this one..!
I have nothing against you or anyone. Just i found in youtube so thought of sharing it with others.
YouTube - Sai Baba Tricks Completely Exposed. (http://www.youtube.com/watch?v=Yblhsr1O4IQ)
I have nothing against you or anyone. Just i found in youtube so thought of sharing it with others.
YouTube - Sai Baba Tricks Completely Exposed. (http://www.youtube.com/watch?v=Yblhsr1O4IQ)
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eager_immi
02-12 10:43 PM
mine took 2 weeks in Vermont.. or wherever they moved it to. My friends took 1 week from houston.
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Hinglish
06-13 12:22 PM
Not to derail this discussion ...but the post below is classic hinglish !! :D
When did processing time became on or after your Receipt Date: 06/06/07 and your Notice Date: 06/15/2008.
Is it because file misplaced - too many followups (3 SRs, Infopass, letters, calling IO)? At lease people have been able to find whether name check is cleared on not - could you figureout that? If not, I think, there is reason to be concerned.
Try simple question - name check is cleared or not?
When did processing time became on or after your Receipt Date: 06/06/07 and your Notice Date: 06/15/2008.
Is it because file misplaced - too many followups (3 SRs, Infopass, letters, calling IO)? At lease people have been able to find whether name check is cleared on not - could you figureout that? If not, I think, there is reason to be concerned.
Try simple question - name check is cleared or not?
ArkBird
02-17 05:52 PM
I filed back in June, 07. I got second FP notice for my wife. Nothing for me so far and I am primary applicant.
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regacct
01-20 12:47 PM
This is the only country in the world which experiences this constant and repeated rebirth. Other countries depend upon the multiplication of their own native people. This country is constantly drinking strength out of new sources by the voluntary association with it of great bodies of strong men and forward-looking women out of other lands. And so by the gift of the free will of independent people it is being constantly renewed from generation to generation by the same process by which it was originally created. �.. We came to America, either ourselves or in the persons of our ancestors, to better the ideals of men, to make them see finer things than they had seen before, to get rid of the things that divide and to make sure of the things that unite. It was but an historical accident no doubt that this great country was called the "United States"; yet I am very thankful that it has that word "United" in its title, and the man who seeks to divide man from man, group from group, interest from interest in this great Union is striking at its very heart. ----Woodrow Wilson
Nearly all Americans have ancestors who braved the oceans�liberty-loving risk takers in search of an ideal�the largest voluntary migrations in recorded history. Across the Pacific, across the Atlantic, they came from every point on the compass�many passing beneath the Statue of Liberty�with fear and vision, with sorrow and adventure, fleeing tyranny or terror, seeking haven, and all seeking hope�Immigration is not just a link to America�s past; it�s also a bridge to America�s future. � George H. W. Bush
I received a letter just before I left office from a man. I don�t know why he chose to write it, but I�m glad he did. He wrote that you can go to live in France, but you can�t become a Frenchman. You can go to live in Germany or Italy, but you can�t become a German, an Italian. He went through Turkey, Greece, Japan and other countries. But he said anyone, from any corner of the world, can come to live in the United States and become an American. � Ronald Reagan
Our attitude toward immigration reflects our faith in the American ideal. We have always believed it possible for men and women who start at the bottom to rise as far as their talent and energy allow. Neither race nor place of birth should affect their chances. � Robert F. Kennedy
Remember, remember always, that all of us, and you and I especially, are descended from immigrants and revolutionists. � Franklin D. Roosevelt
Nearly all Americans have ancestors who braved the oceans�liberty-loving risk takers in search of an ideal�the largest voluntary migrations in recorded history. Across the Pacific, across the Atlantic, they came from every point on the compass�many passing beneath the Statue of Liberty�with fear and vision, with sorrow and adventure, fleeing tyranny or terror, seeking haven, and all seeking hope�Immigration is not just a link to America�s past; it�s also a bridge to America�s future. � George H. W. Bush
I received a letter just before I left office from a man. I don�t know why he chose to write it, but I�m glad he did. He wrote that you can go to live in France, but you can�t become a Frenchman. You can go to live in Germany or Italy, but you can�t become a German, an Italian. He went through Turkey, Greece, Japan and other countries. But he said anyone, from any corner of the world, can come to live in the United States and become an American. � Ronald Reagan
Our attitude toward immigration reflects our faith in the American ideal. We have always believed it possible for men and women who start at the bottom to rise as far as their talent and energy allow. Neither race nor place of birth should affect their chances. � Robert F. Kennedy
Remember, remember always, that all of us, and you and I especially, are descended from immigrants and revolutionists. � Franklin D. Roosevelt
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permfiling
09-08 11:42 PM
Permfiling,
Your response to this post is harsh/mean.
Can you give a single reason why not these guys shouldn't port or stick with their EB-2 priority date?
We should wish EB-3 dates also move and the guys get their GC before porting EB-3 to EB-2, otherwise EB-2 will retrogress (that�s the truth) and those are eligible to port will do it.
Frostrated,
It seems you missed the step of porting while filing I-140 (EB-2). Now, ask your attorney about the options.
My response is not supposed to be mean. I too wish that eb3 progresses. Well if by all means go ahead and do the process if the law permits but won't those cases get more complex?
The lawyers are hungry to get more $$$ as the case is complex and the processing as well.
member of North California Chapter
Donated $500 to IV
EB2 PD 2005
Your response to this post is harsh/mean.
Can you give a single reason why not these guys shouldn't port or stick with their EB-2 priority date?
We should wish EB-3 dates also move and the guys get their GC before porting EB-3 to EB-2, otherwise EB-2 will retrogress (that�s the truth) and those are eligible to port will do it.
Frostrated,
It seems you missed the step of porting while filing I-140 (EB-2). Now, ask your attorney about the options.
My response is not supposed to be mean. I too wish that eb3 progresses. Well if by all means go ahead and do the process if the law permits but won't those cases get more complex?
The lawyers are hungry to get more $$$ as the case is complex and the processing as well.
member of North California Chapter
Donated $500 to IV
EB2 PD 2005
more...
Kapils573
01-25 08:22 AM
Hello everyone,
I went online to check the status of my I-485 and it displayed me the following message
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
On December 19, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
What does it mean? Does it mean that I-485 is approved.
Pls guide.
Kapil
I went online to check the status of my I-485 and it displayed me the following message
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
On December 19, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
What does it mean? Does it mean that I-485 is approved.
Pls guide.
Kapil
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chanduv23
08-07 09:18 AM
A lot of people in the community still not on IV.
more...
mhtanim
10-28 03:29 PM
You should apply for a SSN. If you find a job, the employer will ask you to fill-up a W4 Form. To set you up in company payroll, SSN would be a requirement.
Also, as some other people have mentioned, even if you don't plan to work, you should still get a SSN to establish your credit history.
Applying for a SSN and getting it and has NO impact on your immigration status.
Also, as some other people have mentioned, even if you don't plan to work, you should still get a SSN to establish your credit history.
Applying for a SSN and getting it and has NO impact on your immigration status.
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surya.kant
06-19 01:16 PM
Hi,
I received an RFE on my H1-B application this year with the following questions. My H1-B sponsorer is currently discussing with the attorneys to better handle this situation. I would appreciate if someone can respond me how to handle this scenario properly.
Following are the context from the RFE document.
---------------------------------------------------------
U.S. Citizenship and Immigration Services (USCIS) is in receipt of your Petition for a Nonimmigrant Worker (Form I-129). Additional evidence is required in order to process your application:
Y ur company provides IT Consulting services. The record does not establish where, when, or for whom the beneficiary will work. USCIS regulations at 8 CFR part 214.2(h)(2)(i)(B) provide that an H petition which requires services to be performed in more than one location must include an itinerary with the dates and locations of the services to be provided.
Submit an itinerary of the work sites the beneficiary is assigned to, to include specific dates, locations, and the name of each work site where the beneficiary�s services will be delivered.
Submit a letter from each work site that identifies the name of the project and beneficiary is assigned to, the name of the vendor through whom the beneficiary�s services are provided, and whether the work site has the ability to assign the beneficiary to a different employer. Each letter must provide the address and telephone number where a contact can be reached.
For each of the beneficiary�s work assignments, identify the succession of consulting or staffing businesses involved in the assignment of the beneficiary to each ultimate work location. Include the related succession of contracts and work orders. The contracts and work orders must provide the address and telephone number where a contact can be reached. All contracts must be signed.
For each of the beneficiary�s work assignments, submit a letter from the business with ultimate control and authority over the beneficiary�s work. The letter must address the title and duties of the beneficiary�s position, the minimum education requirement for the contracted position, and the name and title of the person who primarily supervises or will supervise the beneficiary at the work site. This information is necessary to determine whether the actual duties to be performed under contract for an end client are duties associated with the specialty occupation sought.
If the beneficiary will work on an in-house project, submit evidence describing the in-house project, the length of time the beneficiary is expected to work on the project, team members assigned to the project, their titles and duties, and invoices showing the sale of the product to your customers. Explain the qualification necessary for the project and how the beneficiary is qualified for the project. Provide copies of client contracts with details that specify the in-house project name, location, definite starting and ending dates. All contracts should be current and include signatures and contact information from representatives of both companies.
This kind of H1 RFE is common this year. Employer needs to send the end-client letter for RFE.
Surya
I received an RFE on my H1-B application this year with the following questions. My H1-B sponsorer is currently discussing with the attorneys to better handle this situation. I would appreciate if someone can respond me how to handle this scenario properly.
Following are the context from the RFE document.
---------------------------------------------------------
U.S. Citizenship and Immigration Services (USCIS) is in receipt of your Petition for a Nonimmigrant Worker (Form I-129). Additional evidence is required in order to process your application:
Y ur company provides IT Consulting services. The record does not establish where, when, or for whom the beneficiary will work. USCIS regulations at 8 CFR part 214.2(h)(2)(i)(B) provide that an H petition which requires services to be performed in more than one location must include an itinerary with the dates and locations of the services to be provided.
Submit an itinerary of the work sites the beneficiary is assigned to, to include specific dates, locations, and the name of each work site where the beneficiary�s services will be delivered.
Submit a letter from each work site that identifies the name of the project and beneficiary is assigned to, the name of the vendor through whom the beneficiary�s services are provided, and whether the work site has the ability to assign the beneficiary to a different employer. Each letter must provide the address and telephone number where a contact can be reached.
For each of the beneficiary�s work assignments, identify the succession of consulting or staffing businesses involved in the assignment of the beneficiary to each ultimate work location. Include the related succession of contracts and work orders. The contracts and work orders must provide the address and telephone number where a contact can be reached. All contracts must be signed.
For each of the beneficiary�s work assignments, submit a letter from the business with ultimate control and authority over the beneficiary�s work. The letter must address the title and duties of the beneficiary�s position, the minimum education requirement for the contracted position, and the name and title of the person who primarily supervises or will supervise the beneficiary at the work site. This information is necessary to determine whether the actual duties to be performed under contract for an end client are duties associated with the specialty occupation sought.
If the beneficiary will work on an in-house project, submit evidence describing the in-house project, the length of time the beneficiary is expected to work on the project, team members assigned to the project, their titles and duties, and invoices showing the sale of the product to your customers. Explain the qualification necessary for the project and how the beneficiary is qualified for the project. Provide copies of client contracts with details that specify the in-house project name, location, definite starting and ending dates. All contracts should be current and include signatures and contact information from representatives of both companies.
This kind of H1 RFE is common this year. Employer needs to send the end-client letter for RFE.
Surya
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sac-r-ten
05-12 02:58 PM
Does frankfurt require transit visa if some one is traveling to India if:
A) While going to india and have H1/H4 valid until 2011, but stamping expired.
B) while coming back to USA if I am planning on coming on Advance Parole ?
How long does the airport visa take ? I traveled through FF in 2005, but I had valid H1 stamp. It is expired since and perhaps wont get stamped before coming back, but use AP.
<edit> This is what I found on the germany.info site
"Indian, Turkish, Nigerian and Ghanaian airport transit travelers who
- are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit
or- after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold"
</edit>
DontCare, why do u care, Mate? LOL.
Jokes apart.
You should be ok with the visa (no stamping). I had 2 friends travelling via FF with 797 notices ,got stamping in India and came back via frankfurt.
So i guess AP should also be okay.
hope this helps.
A) While going to india and have H1/H4 valid until 2011, but stamping expired.
B) while coming back to USA if I am planning on coming on Advance Parole ?
How long does the airport visa take ? I traveled through FF in 2005, but I had valid H1 stamp. It is expired since and perhaps wont get stamped before coming back, but use AP.
<edit> This is what I found on the germany.info site
"Indian, Turkish, Nigerian and Ghanaian airport transit travelers who
- are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit
or- after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold"
</edit>
DontCare, why do u care, Mate? LOL.
Jokes apart.
You should be ok with the visa (no stamping). I had 2 friends travelling via FF with 797 notices ,got stamping in India and came back via frankfurt.
So i guess AP should also be okay.
hope this helps.
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gcseeker2002
02-07 10:56 AM
I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
Oh NO, if this happens then it will close the last door on many people.
Oh NO, if this happens then it will close the last door on many people.
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sam_hoosier
02-12 01:42 PM
Currently its taking the same amount of time at both Nebraska & Texas service centers.
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
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bajrangbali
02-25 08:56 PM
Consult immigration lawyer and try to keep the time out of status to a minimum. Do not try to take chances, times are tough and everything is being looked through when it comes to immigration. Wish you luck friend!
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EADchallenged
03-23 12:24 PM
All,
I dont know what you guys think about the competing bills - Frist and Specter, but I get the feeling that the Frist bill which does not include any of the Illegal immigration amnesty provisions but does contain almost everything you would want for EB immigration better serves our purpose.
The Specter Bill with the Guest Worker Program even if it passes the Senate will not pass the hardline conservative Congress - which could mean that all our EB provisions also get scuttled. Hence, I think it is in our best interest if the Comprehensive Immigration Bill (Specter) does not see the light of the day on the 27th. I would desist from urging the Judiciary committe from trying to make the deadline.
What do you guys think
I dont know what you guys think about the competing bills - Frist and Specter, but I get the feeling that the Frist bill which does not include any of the Illegal immigration amnesty provisions but does contain almost everything you would want for EB immigration better serves our purpose.
The Specter Bill with the Guest Worker Program even if it passes the Senate will not pass the hardline conservative Congress - which could mean that all our EB provisions also get scuttled. Hence, I think it is in our best interest if the Comprehensive Immigration Bill (Specter) does not see the light of the day on the 27th. I would desist from urging the Judiciary committe from trying to make the deadline.
What do you guys think
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EndlessWait
04-12 07:34 PM
I hate the fact, we let ourselves be discussed amongst the ILLEGAL immigration pool. We are not here illegally, there is no reason we should call this "GC for sale". We are helping the govt. by not just words but with our $$$.
We are here legally , paying taxes, paying rents etc. This fee is meant to speed up processing. No other terminology should be used at IV. Let anti-immigrants talk what they want.
Please remember, at any point there are always opposing forces at work. For those anti-immigrants I have no time or energy to ponder on there xenophobic reservations.
Lets not forget, America was and continues to prosper because of hardworking and honest immigrants..
We are here legally , paying taxes, paying rents etc. This fee is meant to speed up processing. No other terminology should be used at IV. Let anti-immigrants talk what they want.
Please remember, at any point there are always opposing forces at work. For those anti-immigrants I have no time or energy to ponder on there xenophobic reservations.
Lets not forget, America was and continues to prosper because of hardworking and honest immigrants..
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logiclife
03-08 02:37 AM
Hi,
We are planning an organized way to raise our membership to a level of 10,000 plus members.
I would like to invite motivated - "Fire in the belly" volunteers :) to help us with this effort. If you are one of the willing members please email me at jay@immigrationvoice.org so that I can send you what you need to organize this. Just send a blank email with subject line: "Membership Drive".
Trust me, this is one of the most interesting ways you can help immigration voice. Also the most critical one. And it wont take much time from each of you during the day. Just a few minutes per day of your time can make a huge huge difference.
Let's organize and team up...
http://i1.trekearth.com/photos/13453/amsterdam_0111b.jpg
Thanks,
logiclife.
Update: 09-MARCH 11:39 PST :O
Friends,
This is as important as the fund raising. The same group of contributors cannot contribute all the time, please join the effort to bring more people in by signing up in the Membership drive. Just email me at jay@immigrationvoice.org so that I can send you a 5 page pdf document to get your started.
Thanks,
Jay.
We are planning an organized way to raise our membership to a level of 10,000 plus members.
I would like to invite motivated - "Fire in the belly" volunteers :) to help us with this effort. If you are one of the willing members please email me at jay@immigrationvoice.org so that I can send you what you need to organize this. Just send a blank email with subject line: "Membership Drive".
Trust me, this is one of the most interesting ways you can help immigration voice. Also the most critical one. And it wont take much time from each of you during the day. Just a few minutes per day of your time can make a huge huge difference.
Let's organize and team up...
http://i1.trekearth.com/photos/13453/amsterdam_0111b.jpg
Thanks,
logiclife.
Update: 09-MARCH 11:39 PST :O
Friends,
This is as important as the fund raising. The same group of contributors cannot contribute all the time, please join the effort to bring more people in by signing up in the Membership drive. Just email me at jay@immigrationvoice.org so that I can send you a 5 page pdf document to get your started.
Thanks,
Jay.
EBGreenCard
07-16 12:01 PM
I personally think it�s true specially for FB AOS applicants where no intermediate step like EAD and AP between visitor�s visa and final approval. It may also be true for EB AOS applicants where EAD hasn�t been issued and H1 extension hasn�t filled.
MCQ
10-26 04:03 PM
Here's how I see it.
If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.
Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).
so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.
one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.
Hope that helps
McQ
If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.
Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).
so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.
one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.
Hope that helps
McQ
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