addsf345
08-20 12:58 PM
Here are the answers -
You have H1-B I-797, You may have H1-B Stamp, Your I-94 says H1-B, Therefore Your Status is H-1B, Your Work Authorization Document is H1-B.
You file 485, You file for AP and EAD, You get AP and EAD, You haven't used either yet.
You exit USA, You return to USA using AP.
Your I-94 now says "Parolee", Your status now in USA is "Parolee/Pending AOS"
Your Work Authorization for SAME (continuing) employer is H1-B
A.K.A. NO NEED to use EAD.
There is NO SUCH THING as H1-B Transfer
Every H1-B filing is a new one, USCIS checks if
1) You have valid remaining 6 year period at the time this new H1-B that they have received AND
2) You have been counted against the H1-B before in the last 6 years or not.
So now after I-94 says "Parolee/Pending AOS", You CAN
A) Extend your H1-B with the SAME EMPLOYER provided you have time left in your 6 year window
OR
B) File a new H1-B with a DIFFERENT EMPLOYER provided you have time left in your 6 year window AND you are counted in the cap
OR
C) Move to this DIFFERENT EMPLOYER WITHOUT filing H1-B by using your EAD.
in scenario A) your status CHANGES from "Parolee/WaitingAOS" to H1-B with SAME EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you keep working on current H1-B that is being extended
in scenario B) your status CHANGES from "Parolee/WaitingAOS" to H1-B with DIFFERENT EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you start working on new H1-B receipt notice until that gets approved and then on the new approved H1-B
in scenario C) your status STAYS "Parolee/WaitingAOS", you start working on your EAD which is NOT tied to any employer.
Many people FEAR that they should CLING ON TO H1-B "just in case" 485 is denied. Well that fear is not well placed since if your 485 is denied at any point in either scenario A) or B) even though you may remain "IN STATUS" you probably have run out of 6 year clock by then. Conversely, in scenario C) in case of 485 denial, even though you may temporarily become "OUT OF STATUS" you can immediately file H1-B with the working or a different employer to get back "IN STATUS" if your clock has not expired by then.
between scenarios B) and C), scenario C) is simpler and easier as long as the job is same/similar if you are using AC-21.
Hope This Helps.
very good information. Thanks add78.
Small query. If I am in my sixth year of H1B today, and if I file for H1 extension,
1. with same employer, I actually got 3 years extension. (being 140 approved)
2. with diff. employer, would I get 3 years or just six months, or not at all?
You have H1-B I-797, You may have H1-B Stamp, Your I-94 says H1-B, Therefore Your Status is H-1B, Your Work Authorization Document is H1-B.
You file 485, You file for AP and EAD, You get AP and EAD, You haven't used either yet.
You exit USA, You return to USA using AP.
Your I-94 now says "Parolee", Your status now in USA is "Parolee/Pending AOS"
Your Work Authorization for SAME (continuing) employer is H1-B
A.K.A. NO NEED to use EAD.
There is NO SUCH THING as H1-B Transfer
Every H1-B filing is a new one, USCIS checks if
1) You have valid remaining 6 year period at the time this new H1-B that they have received AND
2) You have been counted against the H1-B before in the last 6 years or not.
So now after I-94 says "Parolee/Pending AOS", You CAN
A) Extend your H1-B with the SAME EMPLOYER provided you have time left in your 6 year window
OR
B) File a new H1-B with a DIFFERENT EMPLOYER provided you have time left in your 6 year window AND you are counted in the cap
OR
C) Move to this DIFFERENT EMPLOYER WITHOUT filing H1-B by using your EAD.
in scenario A) your status CHANGES from "Parolee/WaitingAOS" to H1-B with SAME EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you keep working on current H1-B that is being extended
in scenario B) your status CHANGES from "Parolee/WaitingAOS" to H1-B with DIFFERENT EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you start working on new H1-B receipt notice until that gets approved and then on the new approved H1-B
in scenario C) your status STAYS "Parolee/WaitingAOS", you start working on your EAD which is NOT tied to any employer.
Many people FEAR that they should CLING ON TO H1-B "just in case" 485 is denied. Well that fear is not well placed since if your 485 is denied at any point in either scenario A) or B) even though you may remain "IN STATUS" you probably have run out of 6 year clock by then. Conversely, in scenario C) in case of 485 denial, even though you may temporarily become "OUT OF STATUS" you can immediately file H1-B with the working or a different employer to get back "IN STATUS" if your clock has not expired by then.
between scenarios B) and C), scenario C) is simpler and easier as long as the job is same/similar if you are using AC-21.
Hope This Helps.
very good information. Thanks add78.
Small query. If I am in my sixth year of H1B today, and if I file for H1 extension,
1. with same employer, I actually got 3 years extension. (being 140 approved)
2. with diff. employer, would I get 3 years or just six months, or not at all?
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sparky123
07-12 11:28 AM
Friends,
There is a rumor going around now. One of my colleagues here claims that he got a call from his attorney that there is going to be a new bulletin for july, released either tomorrow or on Monday. Can someone talk to their attorney and confirm this?
I'm unable to reach my attorney now.
There is a rumor going around now. One of my colleagues here claims that he got a call from his attorney that there is going to be a new bulletin for july, released either tomorrow or on Monday. Can someone talk to their attorney and confirm this?
I'm unable to reach my attorney now.
ak_2006
03-13 03:20 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
If some body already posted this other than Indian consuates...please ignore this...
As far as I see all Numbers are same as Indian Consulate.
Thanks
If some body already posted this other than Indian consuates...please ignore this...
As far as I see all Numbers are same as Indian Consulate.
Thanks
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misanthrope
10-03 02:30 PM
You want me to come here and argue with people who can barely speak/write good english? People who defy the basic tenets of an argument.. (attacking the person as opposed to attacking the argument)?
So freakin' true.
So freakin' true.
more...
kartikiran
08-15 05:34 PM
I was looking at the recent forum posts and there was no discussions about EB3 listed. Thought would "BUMP" this to bring the EB3 plight on the top...
Felt EB3 category looked like a lost category, when the EB2 approvals was at the top all the time in our recent forums...:mad:
Felt EB3 category looked like a lost category, when the EB2 approvals was at the top all the time in our recent forums...:mad:
rimzhim
02-07 07:22 PM
My understanding of SKILL for US MS is that it will not be counted against the cap. I don't see it saying that PD does not matter for US MS. What am I missing? Thanks.
if you are not counted against cap, that is equivalent to visa available = PD current.
if you are not counted against cap, that is equivalent to visa available = PD current.
more...
bkarnik
09-17 12:40 PM
does anyone kknow who is the chairman(woman) of the judiciary commitee ???
John Conyers (D) is the chairman of the judiciary committee..
John Conyers (D) is the chairman of the judiciary committee..
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inskrish
09-26 02:02 AM
Thanks Lasantha for all your help. Even after getting your green card you continue to participate and help others in this struggle. That is Great. For the sake of disclosure here are some of the messages you left for other members. I think that these messages are extremely abusive and very harsh as compared to the message left for you. Although we do not encourage the use of words like moron, stupid, idiot, we see these words being used often on the forum.
Lasantha 02:39, 23rd Sep 2007 -23 Ass hole !!!
Lasantha 10:59, 14th Nov 2007 -27 Eat Crap you bastard!
Lasantha 00:54, 19th Nov 2007 -27 DUMBASS YOURSELF!!!
Lasantha 17:03, 5th Dec 2007 -28 WTF
Lasantha 18:05, 14th Jan 2008 -39 WTF is wrong with you?
Lasantha 16:06, 11th Mar 2008 -45 Wacko???
Lasantha 21:29, 18th Mar 2008 -52 what the fuck???
You be the judge the let us know if you want to know the user who left you that remark. We will go ahead and post that on this thread. And for the sake of fairness, we will also post the members for whom you left the above messages. You be the judge and decide.
Thanks for your understanding.
Lasantha, what do you say? It is very clear that people are really frustrated while waiting for their GCs, as Lasantha did.
Lasantha 02:39, 23rd Sep 2007 -23 Ass hole !!!
Lasantha 10:59, 14th Nov 2007 -27 Eat Crap you bastard!
Lasantha 00:54, 19th Nov 2007 -27 DUMBASS YOURSELF!!!
Lasantha 17:03, 5th Dec 2007 -28 WTF
Lasantha 18:05, 14th Jan 2008 -39 WTF is wrong with you?
Lasantha 16:06, 11th Mar 2008 -45 Wacko???
Lasantha 21:29, 18th Mar 2008 -52 what the fuck???
You be the judge the let us know if you want to know the user who left you that remark. We will go ahead and post that on this thread. And for the sake of fairness, we will also post the members for whom you left the above messages. You be the judge and decide.
Thanks for your understanding.
Lasantha, what do you say? It is very clear that people are really frustrated while waiting for their GCs, as Lasantha did.
more...
satyasaich
07-19 10:01 AM
Friend
First of all, there is no typo, never he will say something not real.
Come on, it's not you and me stood up, spent personal time, sacrificed so much.
If you can not contribute for obvious reasons, no one is demanding you. I hope and sincerely wish that 'Aman' doesn't have to sell his house.
It's heart breaking to see such statements
isnt it obvious that its a typo..
Great Job Aman , you are our hero...
First of all, there is no typo, never he will say something not real.
Come on, it's not you and me stood up, spent personal time, sacrificed so much.
If you can not contribute for obvious reasons, no one is demanding you. I hope and sincerely wish that 'Aman' doesn't have to sell his house.
It's heart breaking to see such statements
isnt it obvious that its a typo..
Great Job Aman , you are our hero...
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anzerraja
07-20 09:34 AM
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
Friend
First of all, there is no typo, never he will say something not real.
Come on, it's not you and me stood up, spent personal time, sacrificed so much.
If you can not contribute for obvious reasons, no one is demanding you. I hope and sincerely wish that 'Aman' doesn't have to sell his house.
It's heart breaking to see such statements
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
Friend
First of all, there is no typo, never he will say something not real.
Come on, it's not you and me stood up, spent personal time, sacrificed so much.
If you can not contribute for obvious reasons, no one is demanding you. I hope and sincerely wish that 'Aman' doesn't have to sell his house.
It's heart breaking to see such statements
more...
wandmaker
12-01 08:53 PM
how about being a monthly charge of some amount to be members who can post/respond. Others can read but not post. This way you will know exactly how many paid members you have and amount you can expect monthly
how about breaking this into multiple levels.
(1) account maintenance fee: charge $1/month for maintaining the account, members who paid this fee will have read access to all threads except IV core updates. IV can generate $25K a month with this option, this can cover day to day expenses.
(2) usage fee: charge $??/month for using the IV forums, members who paid this free can post and respond and read IV updates.
how about breaking this into multiple levels.
(1) account maintenance fee: charge $1/month for maintaining the account, members who paid this fee will have read access to all threads except IV core updates. IV can generate $25K a month with this option, this can cover day to day expenses.
(2) usage fee: charge $??/month for using the IV forums, members who paid this free can post and respond and read IV updates.
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manojp4
06-15 07:59 PM
Again, including her name on your I-485 application would not help her to "get into the queue". You need to file another I-485 for her and you can only do that if she is physically present in the US. (you need the I-94 card). You could have the court marriage in July and bring her here on an H4 or other visa, and then file for her I-485 as well.
I am in a similar boat as you, except my ritualistic wedding would be in Aug and I am banking on the hope that the dates would still remain current for August.
[QUOTE=manojp4]You cannot do CP for your spouse unless your I-485 is approved (an immigrant visa number is available for you). That is why the adjustment of status within the US is so much more preferable for most people - it lets you and the spouse get the EAD and start working without waiting for the approval of your GC.
Thanks manojp4, appreciate your help. Just to clarify my doubt, she would need to file a 485 anyhow, before the dates retrogress again, right. Would it matter if I included her name in my filing, along with the marriage certificate. I guess all I am trying to understand is I know 100% that I will be married before I file, would that help her in anyway, lets say if the dates retrogress in August and she cannot file till then.
I am in a similar boat as you, except my ritualistic wedding would be in Aug and I am banking on the hope that the dates would still remain current for August.
[QUOTE=manojp4]You cannot do CP for your spouse unless your I-485 is approved (an immigrant visa number is available for you). That is why the adjustment of status within the US is so much more preferable for most people - it lets you and the spouse get the EAD and start working without waiting for the approval of your GC.
Thanks manojp4, appreciate your help. Just to clarify my doubt, she would need to file a 485 anyhow, before the dates retrogress again, right. Would it matter if I included her name in my filing, along with the marriage certificate. I guess all I am trying to understand is I know 100% that I will be married before I file, would that help her in anyway, lets say if the dates retrogress in August and she cannot file till then.
more...
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raj3078
08-26 10:54 AM
Seems like everyone here hates ICICI... I have been using ICICI for 8 yrs now...Had no issues transferring money..... They might have robbed me few paisa from exchange rate but i did not pay that close attention as i found that exchange rate at remit2india from times and Citi was always bad compared to ICICI. I do know about their bad practices in India where they force people to have min balance of 10-15 K and so forth. I think its time that RBI makes gets rid of min balance requirement or put upper ceiling on it. Having such a large sum (Equivalent to 2K USD when considered Purchase power parity) is ridiculous and kind of stealing of people's hard earned money. But again, ICICI is not the only one doing it so cant single them out.
After reading so many bad reviews about ICICI, i would like to check out SBI service, but not sure if they allow direct deposit in banks other than SBI? my parents are with IDBI so it is very convenient to have ICICI transfer money directly....Please advise
After reading so many bad reviews about ICICI, i would like to check out SBI service, but not sure if they allow direct deposit in banks other than SBI? my parents are with IDBI so it is very convenient to have ICICI transfer money directly....Please advise
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Humhongekamyab
08-25 01:48 PM
I opened an account with them few years back and had to experience the same crappy service. The funny thing is that they had two phone numbers one for new customers calling to ask them about their services and the other one from existing customers.
The phone number for the new customers was answered within minutes and the quality of customer service reps was good BUT if you would call the other number if you were an existing customer then you would have to wait for someone to answer the call for hours and the quality of their reps was pathetic. The best part was that if you call the phone number for new cust and tell them you are an existing cust and have an issue then they would tell you too call the other phone number as they do not have access to the info.
I guess right after my first transaction, I canceled the account. The only way we can teach these people a lesson is by not giving our business to them in the first place.
The phone number for the new customers was answered within minutes and the quality of customer service reps was good BUT if you would call the other number if you were an existing customer then you would have to wait for someone to answer the call for hours and the quality of their reps was pathetic. The best part was that if you call the phone number for new cust and tell them you are an existing cust and have an issue then they would tell you too call the other phone number as they do not have access to the info.
I guess right after my first transaction, I canceled the account. The only way we can teach these people a lesson is by not giving our business to them in the first place.
more...
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checklaw
07-19 08:55 AM
My lawyer sent me the fedex tracking sheet for the I-485 package sent to:
USCIS
Nebraska Service Center
850 S Street
Lincoln, NE 68508
I did not see any PO Box on the Fedex tracking sheet. I am not sure if she put the PO Box on the shipping label or not??
Is it a big deal?? Will my application be accepted.
Please help
Edit/Delete Message
As far as I know from friends who have had similar case in the past, yours is not at all an uncommon situation. My belief is that use of PO Box on physical address helps to get documents re-directed to their correct department. Absence of same means that the personnel in charge have to "think" where to re-direct and nothing more than that. Again this is based on what I know from reliable friends.
USCIS
Nebraska Service Center
850 S Street
Lincoln, NE 68508
I did not see any PO Box on the Fedex tracking sheet. I am not sure if she put the PO Box on the shipping label or not??
Is it a big deal?? Will my application be accepted.
Please help
Edit/Delete Message
As far as I know from friends who have had similar case in the past, yours is not at all an uncommon situation. My belief is that use of PO Box on physical address helps to get documents re-directed to their correct department. Absence of same means that the personnel in charge have to "think" where to re-direct and nothing more than that. Again this is based on what I know from reliable friends.
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fatnslow
06-19 12:39 PM
Just wondering, how do you actually skin it? New layers etc, how do you apply colors etc etc. Just a small question from a PS noob :P
more...
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desi3933
05-08 06:20 PM
Feedbacks I have received for my post -
http://i39.tinypic.com/2jcvnh5.jpg
http://i39.tinypic.com/2jcvnh5.jpg
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Maverick1
11-11 10:08 PM
I have checked with my company's lawyer and he said I can maintain H1 status with my current employer and use EAD for part time job. I read murthy chat transcripts and same topic was discussed with two different answers. ................
I work for a very big company ........................I do not want to be limited by work authorization limitations...
Thats my oppinion...
Using H1B makes one safe. but how many years we want to do the safe job. If I-485 gets denied do u have enough patiences to file another green card. One thing is believe is "We are here to make money, most of us are in our thirties and we have short time remaining to reach our goals. I think we all have one year EAD. wait for 6 months then go on job hopping, learn whatever you can, get into whatever you want. Start a business, do something.... Anything you do will help you in future. Sitting with H1B in pocket may take 4 years cream of your life.
If you have the talent you can get great salaries anywhere in the world. Because of your talents and hard work you guys are here. World is not small.
I-485 is mostly about the eligibility of the individual (like medical, illegal presence, fraud etc.) and so getting rejected at I-485 stage is not that common (especially after the approval of the underlying immigration petition). And if it does get rejected, more often than not, the individual may never be eligible for permanent residence due to the same reason. So usefulness of H1-B as back-up is of very limited narure.
Thanks every one for all your responses. Good to see many responses which seem to echo what I was thinking. After reading many posts on these forums I thought many people chose to keep H1 (some times at a cost).
Now I see many people are ready to dump it if they see an opportunity to use EAD. That is good to know.
Although we cite the cost savings (from renewal of EAD) most people if not all who prefer to keep H1 status will definitely renew their EAD/AP just to be safe. On the AP case, I got 3 copies of multiple entry APs. My attorney told me to make copies of it and give only copies at the POE and point out that it is a multiple entry document if the officer wants to keep the original, so that the original stays with you.
I guess many people want to put the EAD to productive use. Some thing to supplement your main job/income.
I work for a very big company ........................I do not want to be limited by work authorization limitations...
Thats my oppinion...
Using H1B makes one safe. but how many years we want to do the safe job. If I-485 gets denied do u have enough patiences to file another green card. One thing is believe is "We are here to make money, most of us are in our thirties and we have short time remaining to reach our goals. I think we all have one year EAD. wait for 6 months then go on job hopping, learn whatever you can, get into whatever you want. Start a business, do something.... Anything you do will help you in future. Sitting with H1B in pocket may take 4 years cream of your life.
If you have the talent you can get great salaries anywhere in the world. Because of your talents and hard work you guys are here. World is not small.
I-485 is mostly about the eligibility of the individual (like medical, illegal presence, fraud etc.) and so getting rejected at I-485 stage is not that common (especially after the approval of the underlying immigration petition). And if it does get rejected, more often than not, the individual may never be eligible for permanent residence due to the same reason. So usefulness of H1-B as back-up is of very limited narure.
Thanks every one for all your responses. Good to see many responses which seem to echo what I was thinking. After reading many posts on these forums I thought many people chose to keep H1 (some times at a cost).
Now I see many people are ready to dump it if they see an opportunity to use EAD. That is good to know.
Although we cite the cost savings (from renewal of EAD) most people if not all who prefer to keep H1 status will definitely renew their EAD/AP just to be safe. On the AP case, I got 3 copies of multiple entry APs. My attorney told me to make copies of it and give only copies at the POE and point out that it is a multiple entry document if the officer wants to keep the original, so that the original stays with you.
I guess many people want to put the EAD to productive use. Some thing to supplement your main job/income.
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bugsbunny
04-17 08:16 PM
The fact that he's asking whether he qualifies for one, on an online forum,shows his level of skill and education. Enough said :)
wow! you can't even ask your peers for honest feedback without being judged. :(
wow! you can't even ask your peers for honest feedback without being judged. :(
Juan28210
04-19 01:42 PM
Hi Folks,
I hope you could share your experiences if you belong to the same situation.
I have an approved EB2 labor cert thru PERM, and I belong to ROW. I am now preparing to file I-140 and I-485 concurrently.
I just saw my petitioner's(S-corporation) federal tax return. Gross revenue is $700,000; Net income is $20,000 which is only a quarter of my current wage. The offered wage per my labor cert is $80,000.
Do I have a big chance of denial in the I-140 stage due to employer's inability to pay? Please advise.
Thanks!
I hope you could share your experiences if you belong to the same situation.
I have an approved EB2 labor cert thru PERM, and I belong to ROW. I am now preparing to file I-140 and I-485 concurrently.
I just saw my petitioner's(S-corporation) federal tax return. Gross revenue is $700,000; Net income is $20,000 which is only a quarter of my current wage. The offered wage per my labor cert is $80,000.
Do I have a big chance of denial in the I-140 stage due to employer's inability to pay? Please advise.
Thanks!
gjoe
12-03 01:00 PM
The S/N ration can be made >1 by increasing the signal strength.
The noise can be cut off, but in this case the noise is what needs to be amplified and conditioned to make it look like Signal :)
How do you suggest IV 'forum' improves the Signal-to-Noise ratio?
Right now it's too noisy and is driving away determined members (http://immigrationvoice.org/forum/showthread.php?p=199027#post199027)!
How do you know what I care about and not? I can give some famous examples of GC holders working for IV - Aman Kapoor founder member, Tamsen Mitchell (franklin) leader of South California chapter, and many more.
I may remain active if I feel the cause is worth spending my time, money and effort. Right now, a crowd of 25,000 tracking receipts and discussing mundane issues doesn't give me the confidence to say so. I have better things in life to fight for than a lost cause where the victims (most of them) wait for others to fight for them !
The noise can be cut off, but in this case the noise is what needs to be amplified and conditioned to make it look like Signal :)
How do you suggest IV 'forum' improves the Signal-to-Noise ratio?
Right now it's too noisy and is driving away determined members (http://immigrationvoice.org/forum/showthread.php?p=199027#post199027)!
How do you know what I care about and not? I can give some famous examples of GC holders working for IV - Aman Kapoor founder member, Tamsen Mitchell (franklin) leader of South California chapter, and many more.
I may remain active if I feel the cause is worth spending my time, money and effort. Right now, a crowd of 25,000 tracking receipts and discussing mundane issues doesn't give me the confidence to say so. I have better things in life to fight for than a lost cause where the victims (most of them) wait for others to fight for them !
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