waitnwatch
07-17 12:06 PM
As of now this thread has had over 3700 views! GCK..... definitely knows how to get attention.
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siddar
09-15 11:12 AM
USCIS is posting the processing times on the same date as they mentioned on the document......unbelievable, Hope its not a USCIS mistake.
sumansk
09-28 04:44 PM
Its not ata ll meaningful....I just hate to see no order of processing taking place...still many guys with older filing dates waiting and guys filing as late as a week back gettign their receipts...system any where sucks man..
GOD REALLY NEED TO BLESS AMERICA....
GOD REALLY NEED TO BLESS AMERICA....
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number30
09-23 12:14 PM
My Wife is on AOS (as a dependent with me as primary). She has recently applied for admission into Graduate School. Since she does not have her green card yet, she was being considered as an international application and was requested to submit her "visa documents". We sent in her I-485 Application, EAD and AP documents. Apparently, the school did not have these in their list of acceptable "documents for admission". The school insisted that we need to apply for my wife's F-1 and provide proof of financial support.
I got my company attorney's office to reply to the school that she is in the country lawfully and while on AOS, she can attend school and work for any employer.
The school now comes back saying that they understand being able to work, but they are now asking if there is any law that explicitly states that an AOS applicant can go to school.
Could you please help?? Is there such a law? I personally went through F-1 to H1 to AOS myself and understand each of these statuses, but am looking for a way to convince that AOS can attend school while in the USA.
It's really frustrating to get denied because one is on AOS even though one qualifies for admission. Really alarming to see that not many out side the immigration community understand US visa laws.
I would really appreciate your help!
Did you ask them what are those acceptable documents?
I got my company attorney's office to reply to the school that she is in the country lawfully and while on AOS, she can attend school and work for any employer.
The school now comes back saying that they understand being able to work, but they are now asking if there is any law that explicitly states that an AOS applicant can go to school.
Could you please help?? Is there such a law? I personally went through F-1 to H1 to AOS myself and understand each of these statuses, but am looking for a way to convince that AOS can attend school while in the USA.
It's really frustrating to get denied because one is on AOS even though one qualifies for admission. Really alarming to see that not many out side the immigration community understand US visa laws.
I would really appreciate your help!
Did you ask them what are those acceptable documents?
more...
raju_abc
07-21 10:03 PM
Hi,
I had applied for H1 for 2008 from two different employers.Both got approved.Now my concern is ,
1)would there be any problem during the Visa stamping?
2)What should i do to other visa ,which i will be not using?
3)How should i approach the employer whose employment i will be not accepting?
4)I have signed one offer letter from the employer but other employer had not provided me with the offer leter.so whom should i join?
I had applied for H1 for 2008 from two different employers.Both got approved.Now my concern is ,
1)would there be any problem during the Visa stamping?
2)What should i do to other visa ,which i will be not using?
3)How should i approach the employer whose employment i will be not accepting?
4)I have signed one offer letter from the employer but other employer had not provided me with the offer leter.so whom should i join?
Winner
04-23 12:46 PM
Raj,
Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.
Hey Guys, I'm the OP. I'm not on the wrong side of the law, I was asking those "What if" questions to get more information on this subject and try to convince my employer to renew my H1B instead of using EAD.
Please don't start a fight here. Please try to respect each other in public forums.
Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.
Hey Guys, I'm the OP. I'm not on the wrong side of the law, I was asking those "What if" questions to get more information on this subject and try to convince my employer to renew my H1B instead of using EAD.
Please don't start a fight here. Please try to respect each other in public forums.
more...
karthkc
05-23 01:07 PM
EAD to H1 involves a status change that while being perfectly legal was just not envisioned policy wise as being a frequent occurrence.
Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.
The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.
Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..
Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.
Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...
If anyone knows more or can confirm this, that would help...
Thanks!
--Karthik
Is EAD to H1 a complicated process? If so what could be the reasons.
I still have 1.5 years on H1. I posted earlier but didn't get a clear idea.
Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.
The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.
Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..
Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.
Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...
If anyone knows more or can confirm this, that would help...
Thanks!
--Karthik
Is EAD to H1 a complicated process? If so what could be the reasons.
I still have 1.5 years on H1. I posted earlier but didn't get a clear idea.
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vallabhu
05-29 10:21 PM
Check with attorney , there is rule which states last action counts and that means as soon you H1 is approved your status changed to H1, if h1 transfer is denied means you are out of status
try applying h1 transfer from another company with in 30 days and go for premium processing if it gets approved you status will be h1 but the approval will not have I94 and that will force you to go out of country and get stamped to return to USA.
try applying h1 transfer from another company with in 30 days and go for premium processing if it gets approved you status will be h1 but the approval will not have I94 and that will force you to go out of country and get stamped to return to USA.
more...
asterix
02-22 05:45 PM
Not sure if people understood the question. Based on this data it shows India got much more then what was in the quota and there were more GC given than the yearly total limit. If this is true, why do I keep hearing that in forums that there were 250K visa's over the last 5 years that were lost because they GC's were not processed in time? If anything there were more visa's given and a disproportionately higher # for India.
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yabadaba
06-18 11:50 AM
Hi Guys:
Had some questions with regards to my actual 485 form.
situation:
2000-2003 -F1 (never out of status/ visa stamped in 2000 in bombay)
2003-2004 - OPT
2004-2007 - 1st H1 (never got it stamped)
2007-2010 - 2nd H1 (stamped last month in canada)
PART 3
Place of Last Entry Into the United States (City/State)
What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94
Had some questions with regards to my actual 485 form.
situation:
2000-2003 -F1 (never out of status/ visa stamped in 2000 in bombay)
2003-2004 - OPT
2004-2007 - 1st H1 (never got it stamped)
2007-2010 - 2nd H1 (stamped last month in canada)
PART 3
Place of Last Entry Into the United States (City/State)
What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94
more...
himu73
07-07 10:26 PM
Please visit www.helpvinay.org to get furthur details.
Initially you need to go to a drive and register. You have to fill a form and give a simple swab test (Give saliva sample) . Takes 5 minutes.
Then you will get added to a national registry.
Alternately you can also register online if you not in a metropolitan area. We are having lot of drives right now in New York,New jersey,DC areas.
All details on www.helpvinay.org
If you have any more questions, I can answer
How one can help him, what should we do?
Initially you need to go to a drive and register. You have to fill a form and give a simple swab test (Give saliva sample) . Takes 5 minutes.
Then you will get added to a national registry.
Alternately you can also register online if you not in a metropolitan area. We are having lot of drives right now in New York,New jersey,DC areas.
All details on www.helpvinay.org
If you have any more questions, I can answer
How one can help him, what should we do?
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kirupa
01-01 09:02 PM
I've updated the guidelines to reflect these two issues.
I put the gradient as a color thing, but I'll clarify in the guidelines that background colors are cool.
glos - AS2 is fine as well :)
I put the gradient as a color thing, but I'll clarify in the guidelines that background colors are cool.
glos - AS2 is fine as well :)
more...
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sumansk
07-12 02:01 PM
Guys!
Is there someone in NY to call on Mrs. Clinton and apprise her of this mess of USCIS.If not directly may be get in touch with powerful indian community leaders who can talk to her about this matter.At least she can write a letter similar to Lofgren...
Keep up the spirits MAN !!
Is there someone in NY to call on Mrs. Clinton and apprise her of this mess of USCIS.If not directly may be get in touch with powerful indian community leaders who can talk to her about this matter.At least she can write a letter similar to Lofgren...
Keep up the spirits MAN !!
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saiimmi
02-16 11:01 PM
3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?
I think you can still re-capture any year left in your 6 your term on your H1B. That is, even after going to EAD you can revert back to H1B in case of any issues. As always, this is just my understanding and could be wrong even.
I think you can still re-capture any year left in your 6 your term on your H1B. That is, even after going to EAD you can revert back to H1B in case of any issues. As always, this is just my understanding and could be wrong even.
more...
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Winner
04-21 03:39 PM
Thanks.
Well, if your H1B is based on approved 140 (post 6 years), even that gets invalidated when your 485 is denied due to revocation of I-140.
Now that is news to me. Can any attorneys confirm this?
Well, if your H1B is based on approved 140 (post 6 years), even that gets invalidated when your 485 is denied due to revocation of I-140.
Now that is news to me. Can any attorneys confirm this?
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retropain
08-14 02:07 PM
Congratulations my cuban friends!
You no longer have to wait in this friggin' green card line
http://www.miami.com/mld/miamiherald/15256657.htm
Perhaps the most important measure is the decision to parole into the United States thousands more Cubans with close relatives here, thus reducing a backlog in family-based immigrant visas. While Homeland Security did not say how big the backlog is, it's said to be in the thousands.
You no longer have to wait in this friggin' green card line
http://www.miami.com/mld/miamiherald/15256657.htm
Perhaps the most important measure is the decision to parole into the United States thousands more Cubans with close relatives here, thus reducing a backlog in family-based immigrant visas. While Homeland Security did not say how big the backlog is, it's said to be in the thousands.
more...
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virald
01-31 09:30 PM
Has anyone analyzed who would be an ideal president from our point of view? Does IV think any candidate is more pro-legal immigrant than the other?
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Imm_Exploited
07-23 02:15 AM
rdehar,
I cannot agree with you more. The God-damn Labor Sub was the one of the main causes for the torturous retrogression of EB-based PDs.
Some one correct me if I am wrong; the majority of members on these forums are from India and no one can convince me that this GC wait is NOT absurd.
If the US is benefited from the skilled employees from India and they are not scared of these highly skilled personnel from overtaking the white Americans, starting their own businesses and demanding more moolah for their skills, they would have opened up the GC gates long back.
Free Market My Foot!! If the US did not have me as a bonded slave (read H1B + pending EB status) since last six years, I would have been a millionaire here like any other high school graduate could be. The laws for immigrants here are more stringent than those that are prevalent in communist China.
And one last thing, please nobody advise me to go back home because I am here in the US since it is worse in India. This is a nation of immigrants, and we all should sustain and reiterate it, time and again.
Sincerely - IE
I cannot agree with you more. The God-damn Labor Sub was the one of the main causes for the torturous retrogression of EB-based PDs.
Some one correct me if I am wrong; the majority of members on these forums are from India and no one can convince me that this GC wait is NOT absurd.
If the US is benefited from the skilled employees from India and they are not scared of these highly skilled personnel from overtaking the white Americans, starting their own businesses and demanding more moolah for their skills, they would have opened up the GC gates long back.
Free Market My Foot!! If the US did not have me as a bonded slave (read H1B + pending EB status) since last six years, I would have been a millionaire here like any other high school graduate could be. The laws for immigrants here are more stringent than those that are prevalent in communist China.
And one last thing, please nobody advise me to go back home because I am here in the US since it is worse in India. This is a nation of immigrants, and we all should sustain and reiterate it, time and again.
Sincerely - IE
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Eveready
07-09 09:28 PM
:confused: My wife has been on H1B for about 3 years and may have to go on H4 (on my H1B) for some time since we changed location and she is not getting a job immediately. Now when she does get a job which confirms to her existing workpermit type (teacher in this case) does she have to apply for a new H1B and wait for OCT2007 for it to happen or can she get one any time.
cyber
08-10 04:56 PM
what's your plan posting this information ????
ArkBird
06-08 01:53 AM
u got it all wrong there, there is goin to be an h1b increase, the business community wants it, they'll get it wether anyone likes it or not and with that will come all those durbin/ron hira amendments and all this will happen b4 the next h1b date so its a matter of time b4 it all happens again
Could not agree more with you on that... Devil is gone. Now the Deep Sea!!!
Love my(our) life.....
Could not agree more with you on that... Devil is gone. Now the Deep Sea!!!
Love my(our) life.....
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