gcdreamer05
10-22 12:17 PM
Good morning everyone!
I have an H1B issued in October 2006. Also, my concurently filed I-140 and I-485 were filed in November 2007 and are pending and I have just renewed my EAD.
Yesterday, I received an email from HR asking me to provide a new EAD, because the old one expires. Their records indicate that my status is pending I-485, not H1B. Obviously I never told them to use the EAD, because I know the H1B may be invalidated. I provided them with a copy of the H1B when it was issued, but later the lawyers may have provided them with a copy of the EAD and they just updated my status from H1B to pending I-485. HR doesn't know anything about immigration processes or regulations.
Given HR fixes their record now to show I am working on H1B, is there any way USCIS can find out that HR used the EAD to verify I have the authorization to work and invalidate my H1B? Is there a database where all companies input the basis on which their non-citizen employees are authorized to work that USCIS has access to on a regular basis and which shows that basis/status at each point in time (like a log)? What does to work on H1B or EAD actually mean (what does HR have to do differently - maybe when they file taxes?) and how can USCIS know whether one works with H1B or EAD?
I really appreciate any hint/advice and thank the helper(s) in advance.
Did you fill any I-9 form or your hr filed it? the status of the applicant is decided by the I-9 Employment eligibility form.
Even otherwise i dont think it is a problem, they can change the form again to show your respective status ?
I have an H1B issued in October 2006. Also, my concurently filed I-140 and I-485 were filed in November 2007 and are pending and I have just renewed my EAD.
Yesterday, I received an email from HR asking me to provide a new EAD, because the old one expires. Their records indicate that my status is pending I-485, not H1B. Obviously I never told them to use the EAD, because I know the H1B may be invalidated. I provided them with a copy of the H1B when it was issued, but later the lawyers may have provided them with a copy of the EAD and they just updated my status from H1B to pending I-485. HR doesn't know anything about immigration processes or regulations.
Given HR fixes their record now to show I am working on H1B, is there any way USCIS can find out that HR used the EAD to verify I have the authorization to work and invalidate my H1B? Is there a database where all companies input the basis on which their non-citizen employees are authorized to work that USCIS has access to on a regular basis and which shows that basis/status at each point in time (like a log)? What does to work on H1B or EAD actually mean (what does HR have to do differently - maybe when they file taxes?) and how can USCIS know whether one works with H1B or EAD?
I really appreciate any hint/advice and thank the helper(s) in advance.
Did you fill any I-9 form or your hr filed it? the status of the applicant is decided by the I-9 Employment eligibility form.
Even otherwise i dont think it is a problem, they can change the form again to show your respective status ?
wallpaper map of dnieper river
st4rguitar
04-06 02:02 PM
Hi All,
Here is my situation and I would like to get some feedback.
My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.
I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.
Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:
1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.
2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?
Thanks in advance for your input,
Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.
Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)
You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.
Here is my situation and I would like to get some feedback.
My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.
I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.
Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:
1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.
2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?
Thanks in advance for your input,
Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.
Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)
You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.
reverendflash
10-21 04:15 AM
I'll be good...I promise... :x
Truthfully, the Angels played a heck of a game tonight, they deserved to win... We tried real hard, but they still beat us...they almost beat us last night...
Rev:elderly:
Truthfully, the Angels played a heck of a game tonight, they deserved to win... We tried real hard, but they still beat us...they almost beat us last night...
Rev:elderly:
2011 Drawing map of radioactive
usirit
01-28 01:33 PM
It's amazing the time and energy spent (wasted?) with Sen. Mike Delph illegal-worker bill. Would it be the same for an improved Legal Immigrants system? :rolleyes: I guess not because we are already paying taxes, but unfortunately for us we are stuck in this overkill and non-sense process. My LC (EB3) for instance is waiting to be certified by Chicago DOL since 08/06/07, it got audited in 12/05/07, DENIED on 12/21/07, appealed, and then moved back to "In Process" in 01/10/08. My wife and 3 kids are stuck with their H-4 status while I am an H1-B. Meanwhile, around $20K has been paid between immigration and legal/attorney's fees.
Isn't funny when lawmakers or lack of knowledge people says why you didn't just went Legal? :mad: Regardless the money required to invested in this process, there is so much to know to submit applications that only thru an attorney it's possible; and even having one of the "Best Ones" in your side is not a guarantee.
I'll need to say that I agree and support a fine to employers using illegal workers but this won't stop the immigration to this country; a re-design immigration system with reasonable time and fees as well as clear goals and incentives will definitely improve and solve immigration issues. :)
Isn't funny when lawmakers or lack of knowledge people says why you didn't just went Legal? :mad: Regardless the money required to invested in this process, there is so much to know to submit applications that only thru an attorney it's possible; and even having one of the "Best Ones" in your side is not a guarantee.
I'll need to say that I agree and support a fine to employers using illegal workers but this won't stop the immigration to this country; a re-design immigration system with reasonable time and fees as well as clear goals and incentives will definitely improve and solve immigration issues. :)
more...
pom
04-28 05:34 PM
All right, I've changed it once more, but maybe you should remove those moutain pics because it takes forever to load as it is :)
Very nice work though.
Very nice work though.
virtual55
06-20 08:57 AM
get the photos from CVS, they give you 6 photos for 8 bucks
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mayhemt
10-10 08:53 AM
tarikh pe tarikh.... tarikh pe tarikh.... kaab taak?????
Thanks, got a good chuckle out of this. Maybe we should bring Sunny in to plead our case.
Thanks, got a good chuckle out of this. Maybe we should bring Sunny in to plead our case.
2010 depicted in Map #39;A#39; below.
buehler
03-05 09:18 PM
Wells Fargo might not be as bad as Citibank but is far from being considered as a stable bank.
more...
vrkgali
12-17 08:55 AM
http://www.rvreddy.com/
hair After it#39;s Chernobyl-esque
avi101
05-31 06:55 PM
From what I remember from my earlier readings, you should be fine. The most they may check again is your employer letter to see that the terms of greencard continue to exist i.e. permanent job with similar job duties as in Original labor.
Also, check the AC21 and I485 forums in immigrationportal.com for more experiences.
http://boards.immigrationportal.com/forumdisplay.php?f=121
Good luck.
Also, check the AC21 and I485 forums in immigrationportal.com for more experiences.
http://boards.immigrationportal.com/forumdisplay.php?f=121
Good luck.
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jonty_11
07-05 04:31 PM
labor Substitution ....Heloooo!!!!
hot HYDROGEN OR NUCLEAR?
msp1976
02-06 04:19 PM
My H1B and my wife's H4 visa were recently renewed for 3 additonal years. We also got new visas stamped in our passport valid for 3 years based on these H1B & H4 renewals.
Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
- do I need to submit an application for transfer (new I797) for my wife's H4 visa
- can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.
Thank you
I have a friend...He had H1 stamped on his passpost when he was with company A..He changed job went to company B...He went to India...Got married..Got his wife's H4.. He did not go to restamping for his own visa stamp..They came back to US....This is firsthand I know....His own H1 stamp is still company A stamp...He could reenter the country...His wife entered too....He is working for company B... This is one experience.......
If anyone has experience of entry being denied in this situation please post...I would want to know.....
The USCIS information systems are very antiquated...I donot think the right hand knows what the left hand is doing...In the end all I can say is it is your own risk...Your wife may be able to use the last H4 and get away with it.....
Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
- do I need to submit an application for transfer (new I797) for my wife's H4 visa
- can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.
Thank you
I have a friend...He had H1 stamped on his passpost when he was with company A..He changed job went to company B...He went to India...Got married..Got his wife's H4.. He did not go to restamping for his own visa stamp..They came back to US....This is firsthand I know....His own H1 stamp is still company A stamp...He could reenter the country...His wife entered too....He is working for company B... This is one experience.......
If anyone has experience of entry being denied in this situation please post...I would want to know.....
The USCIS information systems are very antiquated...I donot think the right hand knows what the left hand is doing...In the end all I can say is it is your own risk...Your wife may be able to use the last H4 and get away with it.....
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house Chernobyl Belarus radiation
liberty
10-25 09:23 PM
Are the kids allowed in the office?
tattoo Google Maps of Chernobyl.
logiclife
06-30 06:19 PM
The current events starting from a rumor has caused frustration in our members. The news coming out of AILA got us into action and we are working on trying to prevent this visa bulletin disaster to happen for our members. Due to weekend, There are less opportunities to pursue but we are not taking this as an excuse and please know that IV is working this weekend and have been working ever since we heard about this news and are using all measures and contacts at the appropriate levels of government to help our members. At this time we do not have a conclusive outcome for our members as the efforts are continuing. The efforts are in full swing and will continue until the bulletin comes out. We are prepared to make efforts on Monday when the offices open.
Be assured we are considering all options. We are also working with like minded organizations and on
our own to prevent this disaster to happen for our members. IV is committed to pursue measures in case of any
visa bulletin that will change the current dates.
Please be patient and continue to support us. We will continue to update on the website as we have any more
update to share. The DOS's actions, USCIS actions and the resulting litigation from USCIS or other plaintiffs will take time to materialize and core group will post updates and action items as soon as there is something actionable that we wish for all our members to participate.
Please continue with your 485 filing process and file your 485 as soon as possible. Do not be late and do not postpone or slow down your 485 filing work due to rumors or other fears. Keep doing what you are doing.
IV may post update about its course of action as early as Sunday evening.
IV team
Be assured we are considering all options. We are also working with like minded organizations and on
our own to prevent this disaster to happen for our members. IV is committed to pursue measures in case of any
visa bulletin that will change the current dates.
Please be patient and continue to support us. We will continue to update on the website as we have any more
update to share. The DOS's actions, USCIS actions and the resulting litigation from USCIS or other plaintiffs will take time to materialize and core group will post updates and action items as soon as there is something actionable that we wish for all our members to participate.
Please continue with your 485 filing process and file your 485 as soon as possible. Do not be late and do not postpone or slow down your 485 filing work due to rumors or other fears. Keep doing what you are doing.
IV may post update about its course of action as early as Sunday evening.
IV team
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pictures Pripyat/Chernobyl Map [Image
dealsnet
04-26 11:15 AM
Usually if Primary's GC approved, RFE for dependents is minor.
When my GC is approved, my dependents get an RFE.
It is for Marriage certificate, birth certificate etc.
Lawyer want $250 for each persons to respond the rfe.
I did asked a copy from the lawyer and send the RFE reply. GC approved within 1 week.
USCIS condider each I-485 as seperate petition, not as a full family affair. My lawyer have all the details, but I think she send these documents with my package only. That is why these birth and marriage certificates are missed from my dependents file.
Lawyers make money and penalise us for their omissions also !!!!!!!!!!!!!
But they didn't admit it. But I did outsmart them with the RFE.
After one month legal aid call me for money and documents, I told them, I have GC in my hand. THANK YOU. !!!!!!!!!!
When my GC is approved, my dependents get an RFE.
It is for Marriage certificate, birth certificate etc.
Lawyer want $250 for each persons to respond the rfe.
I did asked a copy from the lawyer and send the RFE reply. GC approved within 1 week.
USCIS condider each I-485 as seperate petition, not as a full family affair. My lawyer have all the details, but I think she send these documents with my package only. That is why these birth and marriage certificates are missed from my dependents file.
Lawyers make money and penalise us for their omissions also !!!!!!!!!!!!!
But they didn't admit it. But I did outsmart them with the RFE.
After one month legal aid call me for money and documents, I told them, I have GC in my hand. THANK YOU. !!!!!!!!!!
dresses chernobyl
at0474
11-13 05:37 PM
Thank you all for your valuable input. I have a follow up question :
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
--On a lighter note. Let me handle your finances in India. You can work here on H1B.
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
--On a lighter note. Let me handle your finances in India. You can work here on H1B.
more...
makeup Chernobyl Street Map
SSSarkar
06-25 11:42 AM
My company is paying all the cost except medical exam and photos.
girlfriend Chernobyl - Detailed map
franklin
11-16 08:06 PM
One friend of mine get his GC in the end of September/07 after filing AOS concurrently with I 140 in a middle of June 2007! His PD was Aug.2004(EB3-ROW)
Your friend was a lucky one (like me) who got a visa number allocated very quickly in that brief window. It was relatively rare, and you can guarantee that it is very far from the norm.
Like it has been mentioned in this thread:- rule of thumb, PD must be current for AOS in and out :)
Your friend was a lucky one (like me) who got a visa number allocated very quickly in that brief window. It was relatively rare, and you can guarantee that it is very far from the norm.
Like it has been mentioned in this thread:- rule of thumb, PD must be current for AOS in and out :)
hairstyles Location: Chernobyl
resident1374
01-26 08:04 PM
I have been going around forums to get an answer and it seems my case is unique in nature...can someone help me out?
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
Thanks!
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
Thanks!
nat23
06-14 11:17 AM
I would recommend you stick to you H1B by getting an extension on H1. The problem with EAD is that EAD extensions take long and there is no guarantee your EAD extension will be granted before the present one expires. If this were to happen you are out of status (ppl correct me here if I'm wrong). So maintain ur H1 status as far as possible.
FredG
July 18th, 2004, 07:34 PM
First I want to learn to take more pictures. I never seem to have the urge, opportunity and camera all in the same place at the same time.
I also would like to learn what to take pictures of. I am obviously limited by the capabilities of my Cybershot and circular polarizer. What kinds of photographs, subjects and conditions should I concentrate on so that I can take pictures I will be pleased with?
I live in Houston.
BrandonYou have to provide the motivation. The opportunity is everywhere you look.
You will do best taking pictures of things you like. You will put more of yourself into it, and it will show. Whatever equipment you have is sufficient to start climbing that learning curve. When you outgrow it, you will know it and upgrade.
Houston? Sorry, I didn't read your profile earlier. We just happen to call the same town home. Let's hook up some time. Send me a PM.
I also would like to learn what to take pictures of. I am obviously limited by the capabilities of my Cybershot and circular polarizer. What kinds of photographs, subjects and conditions should I concentrate on so that I can take pictures I will be pleased with?
I live in Houston.
BrandonYou have to provide the motivation. The opportunity is everywhere you look.
You will do best taking pictures of things you like. You will put more of yourself into it, and it will show. Whatever equipment you have is sufficient to start climbing that learning curve. When you outgrow it, you will know it and upgrade.
Houston? Sorry, I didn't read your profile earlier. We just happen to call the same town home. Let's hook up some time. Send me a PM.