bluekayal
06-22 05:41 AM
I know of cases where AOS person got laid off and tool unemployment. Remember, GC is for the future. So a letter from a future employer...or being employed as GC is being approved will help. My 2 cents...but check.
if your EAD is based on YOUR I-140, then I dont think you have a valid status. During AOS, you need to have a job in the same category the EAD is valid for, unless you are the dependent.
In AOS, you cannot apply for unemployment benefit as it will trigger an USCIS audit.
By US law, if you are unemployed and are PRESENT in the US, you are entitled to umemployment benefit as you paid into the system.
By law again, if you are in non-immigrant status (AOS is considered non-immigrant until you get the green card), and you lose your job, you have to leave the country or you will start accuring illegal stay.
Check with your lawyer before you do anything.
if your EAD is based on YOUR I-140, then I dont think you have a valid status. During AOS, you need to have a job in the same category the EAD is valid for, unless you are the dependent.
In AOS, you cannot apply for unemployment benefit as it will trigger an USCIS audit.
By US law, if you are unemployed and are PRESENT in the US, you are entitled to umemployment benefit as you paid into the system.
By law again, if you are in non-immigrant status (AOS is considered non-immigrant until you get the green card), and you lose your job, you have to leave the country or you will start accuring illegal stay.
Check with your lawyer before you do anything.
ndialani
11-23 08:38 PM
Do you mean we can send checks for $ accounts to be deposited into local rupees accounts in india? Does this work. Do you know how long it takes for them to get the money after each cheque deposit?
Hebbar77,
Yes its ok to do it. I have been doing it for last 11 years. It usually takes 7-10 days to get it cleared in the bank.MY parents have account in Axis bank , ICICI and dena bank. Depends from bank to bank.
Advantage: no extra cost involved
Limitation: 1-2 weeks time
Wire transfer:
Advantage: money is there in 2 days , good for emergencies
Limitation: unnecessary extra cost involved.
Hebbar77,
Yes its ok to do it. I have been doing it for last 11 years. It usually takes 7-10 days to get it cleared in the bank.MY parents have account in Axis bank , ICICI and dena bank. Depends from bank to bank.
Advantage: no extra cost involved
Limitation: 1-2 weeks time
Wire transfer:
Advantage: money is there in 2 days , good for emergencies
Limitation: unnecessary extra cost involved.
dollar500
08-06 06:27 AM
Interesting discussion. Sounds logical but you are missing that it was current for a long time in 2002 to 2005.
Although you might be right about the movement.
Although you might be right about the movement.
pxkuma
06-17 07:20 AM
I am in the same boat too. Only difference is that I have formally accepted the offer and it's in the same corporation (but different legal entity).
My lawyer recommended that I have three options
1) Start over and recapture your PD. She mentioned that this is the cleanest option.
2) Apply for 485 from your old job and then move to the other job after six months
3) Move to the new job but apply for your 485 from your old job.However, you will need to move back to your old job once you get your Green Card.
I believe Option 3 is the best for all of you. Try contacting your old employers to see if they can file for your 485. That said, once your complete your six months after applying for 485, you can technically move. Now I am not sure if this will work, but can we not move into another company at more apparent time before the actual receipt of the Green Card. Also, given the severe retrogression expected, it may be a long wait and this move may potentially not have to happen for a while.
Please note the above is my opinion and you will need to consult your own lawyers.
My lawyer recommended that I have three options
1) Start over and recapture your PD. She mentioned that this is the cleanest option.
2) Apply for 485 from your old job and then move to the other job after six months
3) Move to the new job but apply for your 485 from your old job.However, you will need to move back to your old job once you get your Green Card.
I believe Option 3 is the best for all of you. Try contacting your old employers to see if they can file for your 485. That said, once your complete your six months after applying for 485, you can technically move. Now I am not sure if this will work, but can we not move into another company at more apparent time before the actual receipt of the Green Card. Also, given the severe retrogression expected, it may be a long wait and this move may potentially not have to happen for a while.
Please note the above is my opinion and you will need to consult your own lawyers.
more...
mchundi
07-28 10:17 AM
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).
h1b-tristate,
All this was discussed a few times in this thread and other threads as well.
http://immigrationvoice.org/forum/showthread.php?t=1216
--MC
h1b-tristate,
All this was discussed a few times in this thread and other threads as well.
http://immigrationvoice.org/forum/showthread.php?t=1216
--MC
Anders �stberg
July 15th, 2004, 04:50 PM
Thanks QJ! They are cute.
I also wish I could find a way of making the photography money flow the other way. :)
I also wish I could find a way of making the photography money flow the other way. :)
more...
Riakapoor
09-16 05:17 PM
If you are genuine: Don�t do it. It will affect your GC.
If you are losers guild member using Indian name to post: Leave this forum immediately. I am tired of fake posts. I personally believe Riakapoor and ar7165 are fake.
Thanks for the advice. Excuse me how could you say that riakapoor is a fake? I am not active in IV but that doesn't mean I am fake.
If you are losers guild member using Indian name to post: Leave this forum immediately. I am tired of fake posts. I personally believe Riakapoor and ar7165 are fake.
Thanks for the advice. Excuse me how could you say that riakapoor is a fake? I am not active in IV but that doesn't mean I am fake.
rahul2699
05-16 07:59 AM
Current Status: H1 (visa stamp expires Sept 2011)
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
If you travel while an application to extend/transfer is in progress, the application is considered abandoned which in many instances results getting approval with out an I-94 at the bottom.
As far as i know, a pending application can not be used to reenter. You must have valid visa stamp in your PP for reentry unless a visa waiver or AP can be used. You can enter with Comp A's visa stamp and approved transfer copy from Company B as long as the visa is not expired.
Please check with an experienced immigration lawyer before travelling.
* i am not a legal expert.
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
If you travel while an application to extend/transfer is in progress, the application is considered abandoned which in many instances results getting approval with out an I-94 at the bottom.
As far as i know, a pending application can not be used to reenter. You must have valid visa stamp in your PP for reentry unless a visa waiver or AP can be used. You can enter with Comp A's visa stamp and approved transfer copy from Company B as long as the visa is not expired.
Please check with an experienced immigration lawyer before travelling.
* i am not a legal expert.
more...
lutherpraveen
09-19 06:42 PM
This is called Pork-Barrel politics. It refers to government spending that is intended to benefit a particular politicians view point in return for their political support on a non-related item.
It is unfortunate that we are put in a situation to support an unethical (not illegal though) practise, but bottom line, this ammendment (if passed) will help us.
My personal view is not to piggy-back our provisions with a bill that is either non-related (like the defense appropriation) or a moral opposite (illegal immigration).
It would be so nice that if we have the clout to influence the law makers to have "our own" bill with just our provisions.
I am sure we will achieve that goal with the progress IV is making in that area.
How come a bill which talks about " ....authorize appropriations for fiscal year 2008 for military activities of the Department of Defense......" can link an amendment which talks about different thing i.e. "..Recapture of Unused Employment-Based Immigrant Visas..."
It is unfortunate that we are put in a situation to support an unethical (not illegal though) practise, but bottom line, this ammendment (if passed) will help us.
My personal view is not to piggy-back our provisions with a bill that is either non-related (like the defense appropriation) or a moral opposite (illegal immigration).
It would be so nice that if we have the clout to influence the law makers to have "our own" bill with just our provisions.
I am sure we will achieve that goal with the progress IV is making in that area.
How come a bill which talks about " ....authorize appropriations for fiscal year 2008 for military activities of the Department of Defense......" can link an amendment which talks about different thing i.e. "..Recapture of Unused Employment-Based Immigrant Visas..."
smisachu
12-24 11:50 AM
Same situation here. I know about renewing H1 with same company is OK but as you have asked with a different company is a big ?. Hope some one answers.....I have appointment in Kolkota but not sure if I should cancel the appointment or go...
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
more...
Ramkumar
04-20 04:34 PM
Just I want to share I got my H1B approval another 2 years. As per my current company B's policy they only apply two years extention.
Thanks a lot
Ramkumar
Thanks a lot
Ramkumar
Berkeleybee
05-24 12:35 AM
Catching up after a long day -- excellent job Salil! Love the idea of using the poster in the photo.
best,
Berkeleybee
best,
Berkeleybee
more...
krishmunn
11-24 01:27 PM
Go for SBI Global link ... best exchange rate and cheapest. They take 4 business days though. I never had any problem sending to any bank in India through SBI Global link. You (or your parents) do nto need an SBI Account to use this
little_willy
09-14 03:45 PM
The interview with Jay about the rally just started.
more...
GotFreedom?
03-12 09:43 PM
Congratulations to you and your family. Enjoy!!
GCNaseeb
11-14 11:18 PM
I just wanted to check up with local USCIS office, if they have any other options besides re-applying. When we informed USCIS they sent us the letter that the typo was attached to my case. But EAD and AP were already ordered. I am going to carry the USCIS letter and my original EAD and AP. I will have some definite direction what to do next - whether to return it or start using it.
I won't be working beyond january with the same employer. Hence I don't want to give away my EAD at this time. USCIS may take another 6 months to adjudicate if I re-apply; and I don't want to bank completely on my H1-B at this time, hence infopass. I am going to ask the officer that, if I can still use the EAD without re-applying, since typo correction is already attached to my case, anyway.
My Last name was mispelt on the 485/131/765 notices.I called USCIS and the took a note of the correct names and told that they will correct them when the officer gets my file.The names were mispelt on the EAD card as well.I was asked by the USCIS to return the card and send another application along with the card asking for the correction.
I won't be working beyond january with the same employer. Hence I don't want to give away my EAD at this time. USCIS may take another 6 months to adjudicate if I re-apply; and I don't want to bank completely on my H1-B at this time, hence infopass. I am going to ask the officer that, if I can still use the EAD without re-applying, since typo correction is already attached to my case, anyway.
My Last name was mispelt on the 485/131/765 notices.I called USCIS and the took a note of the correct names and told that they will correct them when the officer gets my file.The names were mispelt on the EAD card as well.I was asked by the USCIS to return the card and send another application along with the card asking for the correction.
more...
rajmehrotra
09-15 11:27 AM
Nice idea. Sometimes, bare facts are worth quite a few pictures as well. How about compiling and forwarding the following information for each of our family units?
Items can be :
Years spent in the US.
Federal and state income taxes paid during these years.
Social Security contributions made.
Dollars and hours already spent on the immigration process.
Number of U. S. Citizen kids, if any.
A concise writeup on how the applicant's skill set positively impacts the employer.
Items can be :
Years spent in the US.
Federal and state income taxes paid during these years.
Social Security contributions made.
Dollars and hours already spent on the immigration process.
Number of U. S. Citizen kids, if any.
A concise writeup on how the applicant's skill set positively impacts the employer.
s_r_e_e
11-27 01:58 PM
i think applying I140 is the labor substitution..it is good possibility that the desi consulting is playing games
imneedy
02-04 10:27 AM
Today is the 22nd calendar day.
Shahuja,
Is this your first time application for H1 or is it a renewal?
Its been over 3 weeks since my wife have H4 interview and the passport is still under "admin processing".
Raju,
Is this your wife's first time application for H4 or is it a renewal?
Shahuja,
Is this your first time application for H1 or is it a renewal?
Its been over 3 weeks since my wife have H4 interview and the passport is still under "admin processing".
Raju,
Is this your wife's first time application for H4 or is it a renewal?
techskill
06-23 02:23 PM
White House Says Immigration Reform Unlikely in ’09 - Roll Call (http://www.rollcall.com/news/36115-1.html)
gcpain
03-28 01:30 PM
Let us form a group who are pushing to introduce Ammendment for Filling I485, AP &EAD when I140 approved/pending, eventhough Cut-off dates are not reached for EB category immigration. Please discuss here weather any work being done to introduce this ammendment with present Comprehencive Bill.
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