godbless
07-31 03:56 PM
Certainly you loose your h4 status if you start working on your EAD. After that one should use Advanced Parole for travelling out of the country. There is no need to inform USCIS formally about it.
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john2255
10-19 03:13 AM
Dear friends,
I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.
I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.
Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately after the approval of H1B.
Other relevant past details are
H1B non cap petition- June 2008
221 g at the consulate for the H1B petition since I didn't had the license.
Hospital withdrew the H1B petition in August 2008.
Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry(its a different hospital). And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.
And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John
I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.
I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.
Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately after the approval of H1B.
Other relevant past details are
H1B non cap petition- June 2008
221 g at the consulate for the H1B petition since I didn't had the license.
Hospital withdrew the H1B petition in August 2008.
Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry(its a different hospital). And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.
And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John
jsb
11-14 12:11 PM
Well, are you sure I would need to work for this "future employer" for 6 months?
AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.
Is this scenario different because A is not a future employer?
With LC, I-140 and I-485 process, intentions of employee/employer relationship are expected to be bonafide, otherwise it would be fraud. Although a lot of people mention here, and some attorneys suggest, to work for 6 months for the sponsoring employer, there doesn't appear to be any law on that. Circumstances can change any time (AC21 supports that). Therefore, six month, or whatever period you may want to fix, is merely to strength the case that the sponsorship was bonafide. AC21 guidelines are quite lenient in that matter.
Bottomline is whatever happened, or you can provide, to support that there was no fraudulent intent, you are fine. If situation is not clear, and someone decides to contend, courts may come into picture.
Some people mention that six-month working could haunt you at citizenship time, but I doubt that. USCIS have a lot of other things to look at. If you have been a good citizen until then you should be fine.
AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.
Is this scenario different because A is not a future employer?
With LC, I-140 and I-485 process, intentions of employee/employer relationship are expected to be bonafide, otherwise it would be fraud. Although a lot of people mention here, and some attorneys suggest, to work for 6 months for the sponsoring employer, there doesn't appear to be any law on that. Circumstances can change any time (AC21 supports that). Therefore, six month, or whatever period you may want to fix, is merely to strength the case that the sponsorship was bonafide. AC21 guidelines are quite lenient in that matter.
Bottomline is whatever happened, or you can provide, to support that there was no fraudulent intent, you are fine. If situation is not clear, and someone decides to contend, courts may come into picture.
Some people mention that six-month working could haunt you at citizenship time, but I doubt that. USCIS have a lot of other things to look at. If you have been a good citizen until then you should be fine.
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glus
12-09 12:47 PM
AP could be mailed but the applicant MUST be in the USA at the time of application.
According to my attorney, you can re-apply for AP from outside of the U.S. and have it delivered to a local consulate. This is a response from my attorney:
My question:
Can one apply for AP from overseas while AOS is still pending?
Answer from Attorney:
If the AOS is still pending you can do it yes. You can even have AP sent to
overseas consulate. Then it is just called PAROLE lol, as they are not
doing it in advance. Look at the I-131 and you will see about this and
possibilities. It should talk about it in instructions.
Best Regards,
According to my attorney, you can re-apply for AP from outside of the U.S. and have it delivered to a local consulate. This is a response from my attorney:
My question:
Can one apply for AP from overseas while AOS is still pending?
Answer from Attorney:
If the AOS is still pending you can do it yes. You can even have AP sent to
overseas consulate. Then it is just called PAROLE lol, as they are not
doing it in advance. Look at the I-131 and you will see about this and
possibilities. It should talk about it in instructions.
Best Regards,
more...
pal351
11-21 05:41 PM
Please share your experiences.
Thanks.
Thanks.
shahuja
02-05 04:06 PM
hello all,
i will really really appreciate your posts..
its been 23rd day..H1B renewal..New Delhi..still waiting for PP..i got no slip ..no warning to wait ..nothing..
But now i think its not stuck due to PIMS..it could be anything ?? some admin processing ? some security check ? some name check ??
How do we differentiate what are our passports held up for..COULD THIS BE CALLED 221(g)..i read in forums..221g can take forever ??
-Shahuja
i will really really appreciate your posts..
its been 23rd day..H1B renewal..New Delhi..still waiting for PP..i got no slip ..no warning to wait ..nothing..
But now i think its not stuck due to PIMS..it could be anything ?? some admin processing ? some security check ? some name check ??
How do we differentiate what are our passports held up for..COULD THIS BE CALLED 221(g)..i read in forums..221g can take forever ??
-Shahuja
more...
weasley
04-16 06:25 AM
I showed my 485 Receipt notice as evidence and renewed my licence. You don't have to always produce EAD (then every 2 year you have to renew the licence).
If your 485 is pending for long, You can contact USCIS over phone and create service request. USCIS will send you a letter saying that your case is pending because of so and so reason. You can take that along with you, if the BMV is asking why your 485 is pending for long.
If your 485 is pending for long, You can contact USCIS over phone and create service request. USCIS will send you a letter saying that your case is pending because of so and so reason. You can take that along with you, if the BMV is asking why your 485 is pending for long.
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EkAurAaya
03-20 10:12 AM
if you are foreign national selling a house, 10 % of your sale price may be held in escrow account till you pay the taxes. This is the case in atleast some states. This is what your real estate lawyer might be referring to. The rest 10 % is released after you have shown proof that you have paid your taxes.
Thanks for your response... do you know what states by any chance?
Thanks for your response... do you know what states by any chance?
more...
rajenk
08-11 09:44 PM
All,
I was wondering if the secondary applicant (Wife) will also be receiving a separate receipt numbers for her I-485, I-765 and I-131? She is currently on H4 and my lawyers told me that they received receipts only for me!!
Can some one please clarify this doubt?
I wanted to call USCIS to check the status of my wife's application. Before I call them I want to be sure enough that the dependents will also get receipt numbers.
Thanks
Raj
------------------------------
One time contribution $100
I was wondering if the secondary applicant (Wife) will also be receiving a separate receipt numbers for her I-485, I-765 and I-131? She is currently on H4 and my lawyers told me that they received receipts only for me!!
Can some one please clarify this doubt?
I wanted to call USCIS to check the status of my wife's application. Before I call them I want to be sure enough that the dependents will also get receipt numbers.
Thanks
Raj
------------------------------
One time contribution $100
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gcdreamer05
01-15 06:14 PM
can we just buy a vacation for the burger king (a.ka. steve king) and ask him to go to bahamas or cancun or somewhere.... so that we can pass the recapture bill....
more...
h1b_tristate
07-28 07:53 AM
U will get a 3 year H1-B with the new employer.
i donot have experience with PERM. From what i know it varies from state to state. typically 6 months, may be longer or shorter.
--MC
Thanks for the reply Mchundi, however, if i CHANGE the job does the rule for a 3 year H1B STILL apply? I mean how does the 3 year thing apply to me? I only have a little over 1 year on this current H1 (out of SIX years).
i donot have experience with PERM. From what i know it varies from state to state. typically 6 months, may be longer or shorter.
--MC
Thanks for the reply Mchundi, however, if i CHANGE the job does the rule for a 3 year H1B STILL apply? I mean how does the 3 year thing apply to me? I only have a little over 1 year on this current H1 (out of SIX years).
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anu_t
06-17 01:31 AM
I wanted to ask IV if there is anything we are doing for people like me.
After frustrated with the consultant company I joined a full time job. and now am 5'th year of H1B. The LC will be applied after 1 to 3 month(big company and there laws as you have to complete 1 year and then adv etc etc)
So If the bill passes I even can't apply for LC and so force to go back after 6 years.
Now as everybody is ready to file for 485 nobody cares about this CIR bill but me only.
Are there ANY people left like me?
After frustrated with the consultant company I joined a full time job. and now am 5'th year of H1B. The LC will be applied after 1 to 3 month(big company and there laws as you have to complete 1 year and then adv etc etc)
So If the bill passes I even can't apply for LC and so force to go back after 6 years.
Now as everybody is ready to file for 485 nobody cares about this CIR bill but me only.
Are there ANY people left like me?
more...
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lavenyahs
12-19 04:56 PM
We went to Tijuana in 2003 from SanDiego. We just walked across the Border. But we stayed for only a couple of hours. Only while crossing into the US,people at the US checkpoint checked our Visa stamps and after scanning our passports allowed us to enter.
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MerciesOfInjustices
05-23 11:26 PM
A Congressman named Pence is proposing this 'compromise', which has been posted in a Time exclusive Exclusive: A Compromise Plan on Immigration (http://www.time.com/time/nation/article/0,8599,1196991,00.html?cnn=yes)!
With the Senate headed toward a final vote on an immigration bill this week, a leader of House conservatives is asking his colleagues to support a free-market plan aimed at bridging the gulf between the versions in the two chambers. The proposal by Rep. Mike Pence (R-Ind.), provided to TIME ahead of an unveiling speech at the Heritage Foundation, is arguably less compassionate than the version being debated in the Senate and supported in principle by President George W. Bush. But it looks to be more palatable to House Republicans, many of whom have opposed creating a guest worker program before new border crackdowns have been given a chance to work.
Very disturbing is this passage in this article
His plan includes all the security measures of the bill that has already passed the House, and adds a provision for guest worker visas would be good for two years. A limited renewal would be available if the worker studied English and passed an English proficiency class. Federal law already has visa categories A through V. �The visas will be referred to as �W Visas,� � Pence say in his remarks. �No kidding. I think it is obvious whose support we are trying to garner here.�
No mention of anything for legals here!
Hope this does not see the light of the day, and dies its own death!
With the Senate headed toward a final vote on an immigration bill this week, a leader of House conservatives is asking his colleagues to support a free-market plan aimed at bridging the gulf between the versions in the two chambers. The proposal by Rep. Mike Pence (R-Ind.), provided to TIME ahead of an unveiling speech at the Heritage Foundation, is arguably less compassionate than the version being debated in the Senate and supported in principle by President George W. Bush. But it looks to be more palatable to House Republicans, many of whom have opposed creating a guest worker program before new border crackdowns have been given a chance to work.
Very disturbing is this passage in this article
His plan includes all the security measures of the bill that has already passed the House, and adds a provision for guest worker visas would be good for two years. A limited renewal would be available if the worker studied English and passed an English proficiency class. Federal law already has visa categories A through V. �The visas will be referred to as �W Visas,� � Pence say in his remarks. �No kidding. I think it is obvious whose support we are trying to garner here.�
No mention of anything for legals here!
Hope this does not see the light of the day, and dies its own death!
more...
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kumar1
03-03 11:14 AM
Thank you Desi!
Man, that is one heck of confusing language, I am still trying to understand it.
Quick question -- Can PD be transferred from EB category to FB category? In other words - can a person having approved I-140 under EB category take that PD to a family based Green Card? Thanks in advance.
Man, that is one heck of confusing language, I am still trying to understand it.
Quick question -- Can PD be transferred from EB category to FB category? In other words - can a person having approved I-140 under EB category take that PD to a family based Green Card? Thanks in advance.
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small2006
07-22 06:18 PM
Yesterday, I received one more appointment notice for a different day (one day after the original appointment). This is in addition to the appointment notice that I had received earlier.
Has this happened to anybody before? Is it just a mistake on the part of USCIS? I am planning on going there as per the first notice.
Any ideas from anybody?
Has this happened to anybody before? Is it just a mistake on the part of USCIS? I am planning on going there as per the first notice.
Any ideas from anybody?
more...
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centaur
03-28 07:23 AM
Its a report from your employer saying how many people responded, how many were INTERVIEWED and why were citizens not given your position, if they applied for it , based on the recruitment drive. If there were responses, company has no choice but to conduct interviews and come with a legitimate reason for turnig down citizens. So your lawyer is right.
Pay your lawyer after the work is done, not before, or pay in installments. That keeps the pressure on them.
Hello,
My PERM ad was placed and the lawyer said there are responses and company will have to take recruitment steps before he can file.
Company say he has done recruitment and sent report to lawyer. Lawyer says no, I have not received recruitment report. What is this recruitment report ? Is the PERM application not strong if there are responses.
I am really struggling between lawyer and company. Any thoughts. They seem to be dodging me after taking money. If i have some details from experinced gurus, I can talk to them. Else, they just delay after taking legal fee.
Please help
Pay your lawyer after the work is done, not before, or pay in installments. That keeps the pressure on them.
Hello,
My PERM ad was placed and the lawyer said there are responses and company will have to take recruitment steps before he can file.
Company say he has done recruitment and sent report to lawyer. Lawyer says no, I have not received recruitment report. What is this recruitment report ? Is the PERM application not strong if there are responses.
I am really struggling between lawyer and company. Any thoughts. They seem to be dodging me after taking money. If i have some details from experinced gurus, I can talk to them. Else, they just delay after taking legal fee.
Please help
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rangaswamy
10-18 12:32 PM
Im just wondering.. my check has not been cashed. i was sent more than a month ago.
My check to IV that is, NOT USCIS
Can i start a new thread for that :)
My check to IV that is, NOT USCIS
Can i start a new thread for that :)
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aviko21
10-05 07:59 PM
our paroles were updated on the website as being mailed on sept26, we still haven't received them but we did receive ead cards which were approved on sept 28. No sign or notice of AP or FP yet
eb2_hope
08-08 09:20 AM
Friends , Just wanted to let you know that Infopass at Detroit local office is total waste of time. Today morning I had infopass appointment ( EB2-I 2004 ) .IO officer told us that they are not allowed to give any information regarding name check due to security reasons. Also IO told us that 1-800 number CR are trying to get rid of us hence they send us to Infopass at local office but local office has got instructions not to reveal any information about I-485 employment based cases.
So much for transparent and fair law in USA and american dream ..:mad::mad::mad:
So much for transparent and fair law in USA and american dream ..:mad::mad::mad:
zCool
03-20 04:43 PM
IF USCIS revokes 140 for fraud, you got 2 issues
1. Definitely your 485 is revoked.. no way you can port 140 thro' AC21 if it's revoked for fraud, BUT that is sooooo far fetched.. more likely USCIS may question ability to pay or something or other that can be answered
2. In case of fraud, you have to prove your own innocence, meaning that you didn't have any part in the alleged fraud. Which again is rare scenario.
If you don't trust the company.. leave while you are ahead!
1. Definitely your 485 is revoked.. no way you can port 140 thro' AC21 if it's revoked for fraud, BUT that is sooooo far fetched.. more likely USCIS may question ability to pay or something or other that can be answered
2. In case of fraud, you have to prove your own innocence, meaning that you didn't have any part in the alleged fraud. Which again is rare scenario.
If you don't trust the company.. leave while you are ahead!
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