Macaca
12-14 07:24 PM
A USCIS rule appears in a USCIS catalog or addendum. My International Student Advisor had a catalog of rules for F1, COPT and OPT. Everytime I did something out of the norm, I made a copy of the rules. I will keep these rules till I get the green card.
I was told that there is a 60 days period during which I can switch H1B between companies. To the best of my knowledge, it does not appear in a USCIS catalog: most persons say that it is true. My lawyer told me USCIS does not a rule for the period between company switching.
I was not aware of the 60 days grace period after OPT. Please let me know if you have seen it in a USCIS catalog.
I was told that consular approval can not be denied. I was close to being denied. The person before me was denied. Once you are out of the country, anything can happen. It depends on your country, your case and the officer handling the case.
The advantage of consular approval is that you get multiple entry visa.
Once again, a USCIS rule should appear in a USCIS catalog or addendum. The catalogs and addendums should be available online. Does anyone know about it?
Some things slip by but are noticed during the GC process.
Other concerns.
1. Kaplan was issuing I-20's in my time.
2. You are in status if your application is being processed by USCIS. (haven't seen the USCIS catalog)
I was told that there is a 60 days period during which I can switch H1B between companies. To the best of my knowledge, it does not appear in a USCIS catalog: most persons say that it is true. My lawyer told me USCIS does not a rule for the period between company switching.
I was not aware of the 60 days grace period after OPT. Please let me know if you have seen it in a USCIS catalog.
I was told that consular approval can not be denied. I was close to being denied. The person before me was denied. Once you are out of the country, anything can happen. It depends on your country, your case and the officer handling the case.
The advantage of consular approval is that you get multiple entry visa.
Once again, a USCIS rule should appear in a USCIS catalog or addendum. The catalogs and addendums should be available online. Does anyone know about it?
Some things slip by but are noticed during the GC process.
Other concerns.
1. Kaplan was issuing I-20's in my time.
2. You are in status if your application is being processed by USCIS. (haven't seen the USCIS catalog)
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anilsal
08-05 08:34 PM
To capture unused visa numbers we need to make DC rally big, so lets go to DC on sept 13th and make it big success.......
Nice....;)
Also we need everyone to help out in spreading IV work at the local level (state level). Plus IV welcomes contributions. :)
Nice....;)
Also we need everyone to help out in spreading IV work at the local level (state level). Plus IV welcomes contributions. :)
GooblyWoobly
07-18 06:14 PM
I have couple of questions, couldn't find answers in other threads.
1. My I485 was filed on July 9th, 2007 (PD Oct, 2005) without EAD/AP (since my lawyer was expecting a rejection). Now, he will apply for EAD/AP, and cannot do it until we get a receipt for AOS, which will probably take more than a month. Given this, I'll be applying for EAD possibly in August end. Is this a blessing in disguise, as, I'll have to pay new fees for EAD, which would mean, I won't have to renew that EAD every year?? Am I correct in this assumption?
2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).
TIA.
1. My I485 was filed on July 9th, 2007 (PD Oct, 2005) without EAD/AP (since my lawyer was expecting a rejection). Now, he will apply for EAD/AP, and cannot do it until we get a receipt for AOS, which will probably take more than a month. Given this, I'll be applying for EAD possibly in August end. Is this a blessing in disguise, as, I'll have to pay new fees for EAD, which would mean, I won't have to renew that EAD every year?? Am I correct in this assumption?
2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).
TIA.
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sabr
09-18 03:37 PM
If I work little less than 40 hrs will it be considered as part time? Can I use EAD at that time ?
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pani_6
07-19 05:23 PM
1. My lawyer clearly said you can't, unless you file it together with AOS.
2. I765 and I131 forms. Everything else has already gone in with the AOS.
I spoke with the USICS immi officer...she mentioned that you cant apply Ead/ap without A#..they will rject it and you cant update them later with the #
2. I765 and I131 forms. Everything else has already gone in with the AOS.
I spoke with the USICS immi officer...she mentioned that you cant apply Ead/ap without A#..they will rject it and you cant update them later with the #
Pineapple
10-10 09:44 PM
Yes, I did. That is how I came to know that I had to send the card back, with a fresh I765 (but no fees), and a letter explaining the error (as it it wasn't obvious).. my worry was (still is) that my application would join the pile of applications, and would sit there in the bottom.. another potential wait of six months..
So, I did all I could. I called up USCIS a couple of times, took an Info Pass appointment, and talked to an official at ASC when I went for my finger printing appointment.. They were all sorry about it, but could not do much to help. Returning and re-applying are the only options. However, I was told (not sure how much to believe), that since it is obviously their error, it would not take long to fix and they'll send me a corrected card earlier than it would have taken if it were a regular fresh application.
Anyway, my lawyer did her own checking and calling - we gave her the EAD and two fresh photos, and a copy of proof of identity (drivers license)
, and she promised to take care of it.
Will post if it works out well.. :)
So, I did all I could. I called up USCIS a couple of times, took an Info Pass appointment, and talked to an official at ASC when I went for my finger printing appointment.. They were all sorry about it, but could not do much to help. Returning and re-applying are the only options. However, I was told (not sure how much to believe), that since it is obviously their error, it would not take long to fix and they'll send me a corrected card earlier than it would have taken if it were a regular fresh application.
Anyway, my lawyer did her own checking and calling - we gave her the EAD and two fresh photos, and a copy of proof of identity (drivers license)
, and she promised to take care of it.
Will post if it works out well.. :)
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kminkeller
03-09 04:17 PM
Thanks guys. Thanks a lot for all these information.
So for Consular processing I need to go back to my country and get it done through the Embassy right? What are the chances of getting denied? Also, what are the chances of getting your labor and I140 denied? If GOD forbid, it got denied, will my EAD still be valid and my EB3 application still be in the place? will it jeopardize my EB3 application?
Thanks.
So for Consular processing I need to go back to my country and get it done through the Embassy right? What are the chances of getting denied? Also, what are the chances of getting your labor and I140 denied? If GOD forbid, it got denied, will my EAD still be valid and my EB3 application still be in the place? will it jeopardize my EB3 application?
Thanks.
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shishya
09-27 12:42 AM
Folks,
Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.
Thanks!
Shishya
Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.
Thanks!
Shishya
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sangeethak31
07-16 08:49 PM
Thanks all the reponses.....:)
Sangeetha K
Sangeetha K
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frostrated
03-16 03:06 PM
please see below.
Background:
My wife and I are currently working on EADs obtained through my previous employer filing for my green card (eb3 India, pri date: dec 2005), my wife is a dependant on this greencard petition. We last re-entered US using our AP. Two years ago, more than six months after my I-140 got approved, I changed my employer (to a similar position in the IT field itself) and my new (and current) employer filed for AC-21. They have also obtained a I-797 for me as a backup which I have used. Also prior to getting my EAD, my wife worked on an H1 visa for a year and then we got EAD, she has been working on that ever since. Our EAD was recently submitted for renewal and will be valid for the next two years.
I got accepted into a fulltime MBA program in the US, which I am planning to attend. This would mean that I quit my current job and after the two years in MBA I will be joining a different employer in a different field (ie: I will be moving out of IT into something like finance). I am assuming transition to F1 is out of question since I have shown immigration intent
Questions:
1) Will it be legal for me to go fulltime to school on an AOS pending status? Yes you can go to school while in AOS. But you cant go to school full time when in AOS if you are the primary applicant. You need to be still employed full time in your line of work.
2) Will I have trouble, re-entering the US on an AP if I travel overseas during the time I am enrolled in school? Yes. Your AP is no longer valid, as you are no more working for the sponsor of your permanent residency.
3) Can I use this EAD card to go for an internship between my first and second year (the job will not be IT)? Only if you are a dependent of the primary applicant.
4) Can I use this EAD card to work fulltime after MBA graduation, provided it is still valid for a few more months (the job will not be IT)? Only if you are a dependent of the primary applicant.
5) If my post-MBA employer files for a greencard for me in the new position which is different from IT, will I be able to use my old priority date of Dec 2005? Yes you can. You will need to file a new labor, and request that they use the old priority date. You can also file in EB2 and request they use the EB3 filing date of Dec 2005.
6) To mitigate risk, my wife is planning to go into H1 so that I can get an H4 if going to school on EAD doesn't work. Is this strategy to use H1 during school time (and travel overseas and re-enter using H4) and use EAD while internship safe? Using H1 on your wife, and you being on H4 is safe. But you cannot use the EAD anymore. Your EAD is tied to your employment, unless you are the dependent on the primary applicant for AOS.
7) If my wife cannot find a H1 job, can she work on her EAD while I am also using EAD to go to school. No. When you quit working and go to school, both of you are in illegal status. To remain in status, she either needs to convert to H1 or you need to convert to F1 and have her here as F2. Best bet, is for her to convert to H1 and you to either H4 or F1.
8) I am assuming that for any EAD based status to work, I need to have a future job offer in the same category. My current employer will not do that.I can get a future job offer from a small IT consulting firm in the same IT field for which my greencard application was filed for. Will that be good enough to keep my EAD alive while in school? No. For your EAD to be valid, you still need to be working. Stopping work does not enable you to continue to be in EAD status.
Thanks SO much for answering. I have this wonderful opportunity in front of me and I really hope immigration will not be a road block to achieve my dreams.
Background:
My wife and I are currently working on EADs obtained through my previous employer filing for my green card (eb3 India, pri date: dec 2005), my wife is a dependant on this greencard petition. We last re-entered US using our AP. Two years ago, more than six months after my I-140 got approved, I changed my employer (to a similar position in the IT field itself) and my new (and current) employer filed for AC-21. They have also obtained a I-797 for me as a backup which I have used. Also prior to getting my EAD, my wife worked on an H1 visa for a year and then we got EAD, she has been working on that ever since. Our EAD was recently submitted for renewal and will be valid for the next two years.
I got accepted into a fulltime MBA program in the US, which I am planning to attend. This would mean that I quit my current job and after the two years in MBA I will be joining a different employer in a different field (ie: I will be moving out of IT into something like finance). I am assuming transition to F1 is out of question since I have shown immigration intent
Questions:
1) Will it be legal for me to go fulltime to school on an AOS pending status? Yes you can go to school while in AOS. But you cant go to school full time when in AOS if you are the primary applicant. You need to be still employed full time in your line of work.
2) Will I have trouble, re-entering the US on an AP if I travel overseas during the time I am enrolled in school? Yes. Your AP is no longer valid, as you are no more working for the sponsor of your permanent residency.
3) Can I use this EAD card to go for an internship between my first and second year (the job will not be IT)? Only if you are a dependent of the primary applicant.
4) Can I use this EAD card to work fulltime after MBA graduation, provided it is still valid for a few more months (the job will not be IT)? Only if you are a dependent of the primary applicant.
5) If my post-MBA employer files for a greencard for me in the new position which is different from IT, will I be able to use my old priority date of Dec 2005? Yes you can. You will need to file a new labor, and request that they use the old priority date. You can also file in EB2 and request they use the EB3 filing date of Dec 2005.
6) To mitigate risk, my wife is planning to go into H1 so that I can get an H4 if going to school on EAD doesn't work. Is this strategy to use H1 during school time (and travel overseas and re-enter using H4) and use EAD while internship safe? Using H1 on your wife, and you being on H4 is safe. But you cannot use the EAD anymore. Your EAD is tied to your employment, unless you are the dependent on the primary applicant for AOS.
7) If my wife cannot find a H1 job, can she work on her EAD while I am also using EAD to go to school. No. When you quit working and go to school, both of you are in illegal status. To remain in status, she either needs to convert to H1 or you need to convert to F1 and have her here as F2. Best bet, is for her to convert to H1 and you to either H4 or F1.
8) I am assuming that for any EAD based status to work, I need to have a future job offer in the same category. My current employer will not do that.I can get a future job offer from a small IT consulting firm in the same IT field for which my greencard application was filed for. Will that be good enough to keep my EAD alive while in school? No. For your EAD to be valid, you still need to be working. Stopping work does not enable you to continue to be in EAD status.
Thanks SO much for answering. I have this wonderful opportunity in front of me and I really hope immigration will not be a road block to achieve my dreams.
more...
GCD
07-27 08:37 PM
My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail the AP approval directly at our home address.
I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
Please reply. Thanks a lot.
I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
Please reply. Thanks a lot.
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leoindiano
02-06 01:04 PM
looks like this is what happening...
They have 100's of 1000's of cases....thrown in one dark room.
They have this Q on their computers, with cases approved Namecheck, background check, I-140, FP complete....
Now, when they are assigned with a case, they will try to find the file....Just imagine its not easy to find the case, but USCIS doesnt put any effort to sort them either.
So, he will leave that case there, go to next one...This is just my guess...
They have 100's of 1000's of cases....thrown in one dark room.
They have this Q on their computers, with cases approved Namecheck, background check, I-140, FP complete....
Now, when they are assigned with a case, they will try to find the file....Just imagine its not easy to find the case, but USCIS doesnt put any effort to sort them either.
So, he will leave that case there, go to next one...This is just my guess...
more...
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abhijitp
01-28 08:14 PM
Tomorrow evening, can you rise to the occasion???
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ItIsNotFunny
12-03 12:03 PM
Bump ^^^^
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v7461558
08-11 06:25 PM
http://www.dhs.gov/xnews/releases/pr_1186757867585.shtm item 22.
22. The Administration Will Reform And Expedite Background Checks For Immigration. Current mechanisms for conducting immigration background checks are backed up, slowing processing times and endangering national security. The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working together on a variety of projects designed to streamline existing processes so as to reduce waiting times without sacrificing security.
Note that there is no "bill", the DHS is not talking about passing new laws through the Congress. They are talking about using their (and FBI's) existing administrative authority to streamline and expedite background checks. Note that the rule to search the secondary name indexes that was instituted after Sept. 11, 2001 was not a law. It was an interpretation by the DHS of the existing statute, yielding a request from the DHS to the FBI to provide the DHS with the information from the secondary index name search.
Now, if someone would please be so kind as to dig up the original text of the "following reforms [that] represent steps the Administration can take within the boundaries of existing law", released by the DHS on 10 August 2007, or to come up with a conclusion that said text has not yet been made publicly available, we can take this discussion further.
22. The Administration Will Reform And Expedite Background Checks For Immigration. Current mechanisms for conducting immigration background checks are backed up, slowing processing times and endangering national security. The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working together on a variety of projects designed to streamline existing processes so as to reduce waiting times without sacrificing security.
Note that there is no "bill", the DHS is not talking about passing new laws through the Congress. They are talking about using their (and FBI's) existing administrative authority to streamline and expedite background checks. Note that the rule to search the secondary name indexes that was instituted after Sept. 11, 2001 was not a law. It was an interpretation by the DHS of the existing statute, yielding a request from the DHS to the FBI to provide the DHS with the information from the secondary index name search.
Now, if someone would please be so kind as to dig up the original text of the "following reforms [that] represent steps the Administration can take within the boundaries of existing law", released by the DHS on 10 August 2007, or to come up with a conclusion that said text has not yet been made publicly available, we can take this discussion further.
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dc4opera
05-18 11:27 PM
I need some advice from the people on this board.
My labor certification was recently approved via PERM. My employer will soon be signing the paperwork to file the I-140 with INS. My contract with him expires in February 2007, and he wants me to continue working for him beyond that. I, however, have expressed my desire NOT to stay with him any longer than I need to. Obviously, I will need to stay until 6 months have passed from the filing of my I-485 for portability to kick in.
Because of this, he wants me to WAIT until January 2007 to file my I-485. This way he is assured that I will be working for him until June 2007. My question is, does he have any right to coerce me to wait until January 2007 to file the I-485?
I initially agreed to this delay in filing because I was under the impression that BOTH the I-140 and I-485 were to be filed by the employer, and that I-485 processing took about 6 months. Now that I have learned that the I-485 is to be filed by me and that I-485 processing can take more than a year, are there any downsides to me filing the I-485 earlier than January 2007 WITHOUT MY EMPLOYER KNOWING?
I realize that "honesty is the best policy" but the situation is truly untenable for me and I feel that he is purposely delaying the processing of my INS papers to keep me at his mercy. Another factor to consider is that the lawyer we will be using for the I-140 will be the same one who will file my I-485. Can I invoke attorney-client privilege with regards to the I-485 so that they cannot tell my employer that I filed it earlier than he wanted? For that matter, can I use a different lawyer to file the I-485 that the one who filed the I-140?
Any opinions and suggestions regarding this matter will be greatly appreciated. Thank you very much and good luck to all!
My labor certification was recently approved via PERM. My employer will soon be signing the paperwork to file the I-140 with INS. My contract with him expires in February 2007, and he wants me to continue working for him beyond that. I, however, have expressed my desire NOT to stay with him any longer than I need to. Obviously, I will need to stay until 6 months have passed from the filing of my I-485 for portability to kick in.
Because of this, he wants me to WAIT until January 2007 to file my I-485. This way he is assured that I will be working for him until June 2007. My question is, does he have any right to coerce me to wait until January 2007 to file the I-485?
I initially agreed to this delay in filing because I was under the impression that BOTH the I-140 and I-485 were to be filed by the employer, and that I-485 processing took about 6 months. Now that I have learned that the I-485 is to be filed by me and that I-485 processing can take more than a year, are there any downsides to me filing the I-485 earlier than January 2007 WITHOUT MY EMPLOYER KNOWING?
I realize that "honesty is the best policy" but the situation is truly untenable for me and I feel that he is purposely delaying the processing of my INS papers to keep me at his mercy. Another factor to consider is that the lawyer we will be using for the I-140 will be the same one who will file my I-485. Can I invoke attorney-client privilege with regards to the I-485 so that they cannot tell my employer that I filed it earlier than he wanted? For that matter, can I use a different lawyer to file the I-485 that the one who filed the I-140?
Any opinions and suggestions regarding this matter will be greatly appreciated. Thank you very much and good luck to all!
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phillyag
05-30 03:33 PM
I meant what docs we need to make sure we have from the employer whom we will be quitting.
Any suggestion on what is the best way to quit the existing employer ? What kind of explanation would let them create least trouble when I exit.
Any suggestion on what is the best way to quit the existing employer ? What kind of explanation would let them create least trouble when I exit.
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waitnwatch
05-30 12:29 PM
This may already have been discussed but does everyone realize that the merit based system will remove backlogs by the backdoor. There will be no backlogs because you have to apply every year. And if by chance you reach the 6th year on H1-B and fail to get past the merit line for that year you have to leave. If this is not scary what is?
I would like to hear everyone's opinion on this.
I would like to hear everyone's opinion on this.
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martinvisalaw
01-06 05:42 PM
Thanks for all the details. Greatly appreciate your advise. Looks like lot of information needs to be collected and without a research background I think its really a long shot to justify the time effort and resources.
I agree that unless the person really is outstanding, with lots of publications, conference presentations, reference letters, journal articles, etc, it is very difficult to get an EB-1 approved as an outstanding researcher or extraordinary ability. I just filed one, for example, and the package weighed almost 5 lbs, and included 54 exhibits. Yes, it was approved!
I agree that unless the person really is outstanding, with lots of publications, conference presentations, reference letters, journal articles, etc, it is very difficult to get an EB-1 approved as an outstanding researcher or extraordinary ability. I just filed one, for example, and the package weighed almost 5 lbs, and included 54 exhibits. Yes, it was approved!
desi3933
02-04 04:47 PM
My sister got her H-1B in 2008 but didn't work for her employer due to health problems. After about 3 to 4 months she left for India and recovered......
Did she ever report for work for H-1B employer in 1998?
Was her original H1 visa cancelled or revoked?
Are 60 days up since her B1 visa entry?
Does she has valid job offer along with recent LCA?
If her H-1B visa number was re-used, she my be subject to H-1B visa cap.
____________________
Not a legal advice.
Did she ever report for work for H-1B employer in 1998?
Was her original H1 visa cancelled or revoked?
Are 60 days up since her B1 visa entry?
Does she has valid job offer along with recent LCA?
If her H-1B visa number was re-used, she my be subject to H-1B visa cap.
____________________
Not a legal advice.
gxr
10-02 09:44 AM
Mine is EB3 with a RD of Oct 6.
LUD was on Oct 26, 2006. No news after that. No RFEs as well.
LUD was on Oct 26, 2006. No news after that. No RFEs as well.
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