lost_in_gc_land
02-02 03:43 AM
Yes you can fedex the AP to india and yes she can use it while coming back if needed. I got this from USCIS level 2 immigration officer.:D
Hello,
I would like to check with you if you know of someone who has used an AP that was approved while that person had left the US and received it by mail/fedex/etc. to get back in the US. I am in a situation where my H1 stamping is in security/background check and it been that way for over 75 days. I have an AP that was approved and mailed to me but I have been told by my lawyer that it is not ok to use AP or atleast without risk of not being allowed entry
Hello,
I would like to check with you if you know of someone who has used an AP that was approved while that person had left the US and received it by mail/fedex/etc. to get back in the US. I am in a situation where my H1 stamping is in security/background check and it been that way for over 75 days. I have an AP that was approved and mailed to me but I have been told by my lawyer that it is not ok to use AP or atleast without risk of not being allowed entry
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gconmymind
08-16 05:32 PM
Howdy fellow Aliens,
My wife's EAD just got approved. Now I have to get her a SSN so she can start working part time. Firstly I should ask can she get a SSN provided her I-485 application is filed and she has a valid EAD ? Any idea how long it takes to get the dang SSN ? I appreciate your help as always.
EAD is for work, SSN for Tax purposes, etc. Apply for SSN, I dont think you need to wait for the actual SSN number before your wife starts working.
My wife's EAD just got approved. Now I have to get her a SSN so she can start working part time. Firstly I should ask can she get a SSN provided her I-485 application is filed and she has a valid EAD ? Any idea how long it takes to get the dang SSN ? I appreciate your help as always.
EAD is for work, SSN for Tax purposes, etc. Apply for SSN, I dont think you need to wait for the actual SSN number before your wife starts working.
bombaysardar
07-17 10:22 PM
If you look at the rules closely on the website, pregnant women are exempted from taking shots. The medical tests should not be a problem.
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JazzByTheBay
09-14 06:26 PM
Or rather, a business meeting (got) scheduled itself with a customer... so it works out!
I was planning on attending even without that happening - now I'm busy rescheduling flights and hotel... :)
http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
http://images.jupiterimages.com/common/detail/20/99/22609920.jpg
cheers, and see ya'll in DC!
jazz
To attend the rally:
1- I canceled a business meeting - employer didn't like it
2- I moved business travel around the rally, my boss also had to reschedule
3- I am flying in from Texas
Those of us near Washington, it will be so much easier than this for you to make it! Just get in your car or the train and go to DC for the day!
WE REALLY REALLY NEED YOU!!! THIS IS NO JOKE GUYS!!!! PLEASE MAKE UP YOUR MIND AND ATTEND, YOU WILL BE SO GLAD YOU DID! ALREADY WE HAVE SOME GOOD PRESS BUZZ AND ARE BACKED BY HIGHER-UPS LIKE THE GOVERNORS AND SEN. CORNYN WITH HIS LATEST LEGISLATION. NOW ALL WE NEED IS YOU!!!!! PLEASE JOIN US!!!! YOU WILL BE GLAD YOU DID AND WE WILL SUCCEED TOGETHER!!! LET'S GO GUYS! THIS WILL BE HISTORIC!!!!
I was planning on attending even without that happening - now I'm busy rescheduling flights and hotel... :)
http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
http://images.jupiterimages.com/common/detail/20/99/22609920.jpg
cheers, and see ya'll in DC!
jazz
To attend the rally:
1- I canceled a business meeting - employer didn't like it
2- I moved business travel around the rally, my boss also had to reschedule
3- I am flying in from Texas
Those of us near Washington, it will be so much easier than this for you to make it! Just get in your car or the train and go to DC for the day!
WE REALLY REALLY NEED YOU!!! THIS IS NO JOKE GUYS!!!! PLEASE MAKE UP YOUR MIND AND ATTEND, YOU WILL BE SO GLAD YOU DID! ALREADY WE HAVE SOME GOOD PRESS BUZZ AND ARE BACKED BY HIGHER-UPS LIKE THE GOVERNORS AND SEN. CORNYN WITH HIS LATEST LEGISLATION. NOW ALL WE NEED IS YOU!!!!! PLEASE JOIN US!!!! YOU WILL BE GLAD YOU DID AND WE WILL SUCCEED TOGETHER!!! LET'S GO GUYS! THIS WILL BE HISTORIC!!!!
more...
guy03062
03-17 11:08 AM
Great job, Jay!
meridiani.planum
08-15 09:31 PM
Hi Mods, I am new to the forum so in case I asked this in the wrong section then do pardon me.
I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.
My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)
My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back)
- Can this actually happen (that RFE doesn't get delivered at all) ??
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
- Also what are my chances getting a H1B via the appeal route ?
Thanks in advance
the quota is not filled. Try looking for another job and sponsorer asap!
I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.
My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)
My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back)
- Can this actually happen (that RFE doesn't get delivered at all) ??
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
- Also what are my chances getting a H1B via the appeal route ?
Thanks in advance
the quota is not filled. Try looking for another job and sponsorer asap!
more...
manishs7
06-24 06:57 PM
NEBRASKA is currently processing 485 submitted as of Sep 26 2006 which means the backlog is of 1 yr 9 months.....
I guess this mean back log of 9 months..
I guess this mean back log of 9 months..
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s416504
08-29 02:52 PM
So far 95 Voted. 77% says No update
more...
pa_arora
04-19 07:08 PM
Atleast somebody talked abut legals and their problems...Here's the link..
http://www.uschamber.com/issues/lett...sa_program.htm
=================TEXT========================
Letter on Employment-Based (EB or Green Card) and H-1B Visa Programs
April 12, 2007
TO THE MEMBERS OF THE U.S. HOUSE OF REPRESENTATIVES AND THE UNITED STATES SENATE:
The U.S. Chamber of Commerce would like to reiterate the need to reform both the employment-based (EB or green card) and H-1B visa programs. The Chamber is the world’s largest business federation, representing more than three million businesses and organizations of every size, sector, and region.
The Chamber represents numerous companies and organizations that need to bring thousands of foreign workers and students into the United States each year. The inability of these companies to bring highly educated workers and students into the United States severely hurts their competitiveness in the global market and often leads to companies moving operations overseas. It is imperative that any comprehensive immigration reform includes changes that would allow employers in the United States to recruit and retain highly educated foreign talent and guarantee our continued global economic competitiveness and success.
The announcement last week by the U.S. Citizenship and Immigration Services (USCIS)regarding the fact that the H-1B visa cap for the FY2008 was reached on the first day applications were accepted marks the dire need for changes in the system. This is also the fourth consecutive year the H-1B cap was met before the fiscal year even starts. USCIS will now conduct a “computer-generated random selection process” to determine which of these needed workers will be excluded.
Other areas of U.S. immigration system for highly-skilled immigrants face similar daunting barriers—from years of waiting for a green card to the inability of hiring a student from a United States university as a permanent worker right after graduation. The current system is counterproductive to the country’s economic, security, and social goals. Retaining the best and the brightest foreign workers help make U.S. economy strong. These artificial barriers are forcing some companies to conduct business elsewhere, wherever they can hire the necessary talent. The Chamber strongly urges you to supports comprehensive immigration reform that would include:
Raising the EB cap and exempting specific highly skilled professionals in
sciences, arts, business, and other critical fields from the final allotted number.
Allowing foreign students who have earned advanced degrees from American
universities, as well as from foreign universities, in science, technology,
engineering, and mathematics (STEM) to be exempt from both the EB and H-1B
visa cap numbers.
Designing the H-1B visa cap numbers around a market-based annual adjustment,
rather than an arbitrary fixed number.
The creation of an entire new visa category that would allow STEM students,
studying in the United States on a student visa, to seamlessly transition to a green
card when offered a job.
The Chamber urges inclusion of these measures in a comprehensive immigration reform package. Without these provisions in a broad immigration reform package, American companies will continue to lose their competitive edge in the global economy.
On behalf of the Chamber, I thank you and look forward to working with this Congress to pass meaningful comprehensive immigration reform.
Sincerely,
R. Bruce Josten
http://www.uschamber.com/issues/lett...sa_program.htm
=================TEXT========================
Letter on Employment-Based (EB or Green Card) and H-1B Visa Programs
April 12, 2007
TO THE MEMBERS OF THE U.S. HOUSE OF REPRESENTATIVES AND THE UNITED STATES SENATE:
The U.S. Chamber of Commerce would like to reiterate the need to reform both the employment-based (EB or green card) and H-1B visa programs. The Chamber is the world’s largest business federation, representing more than three million businesses and organizations of every size, sector, and region.
The Chamber represents numerous companies and organizations that need to bring thousands of foreign workers and students into the United States each year. The inability of these companies to bring highly educated workers and students into the United States severely hurts their competitiveness in the global market and often leads to companies moving operations overseas. It is imperative that any comprehensive immigration reform includes changes that would allow employers in the United States to recruit and retain highly educated foreign talent and guarantee our continued global economic competitiveness and success.
The announcement last week by the U.S. Citizenship and Immigration Services (USCIS)regarding the fact that the H-1B visa cap for the FY2008 was reached on the first day applications were accepted marks the dire need for changes in the system. This is also the fourth consecutive year the H-1B cap was met before the fiscal year even starts. USCIS will now conduct a “computer-generated random selection process” to determine which of these needed workers will be excluded.
Other areas of U.S. immigration system for highly-skilled immigrants face similar daunting barriers—from years of waiting for a green card to the inability of hiring a student from a United States university as a permanent worker right after graduation. The current system is counterproductive to the country’s economic, security, and social goals. Retaining the best and the brightest foreign workers help make U.S. economy strong. These artificial barriers are forcing some companies to conduct business elsewhere, wherever they can hire the necessary talent. The Chamber strongly urges you to supports comprehensive immigration reform that would include:
Raising the EB cap and exempting specific highly skilled professionals in
sciences, arts, business, and other critical fields from the final allotted number.
Allowing foreign students who have earned advanced degrees from American
universities, as well as from foreign universities, in science, technology,
engineering, and mathematics (STEM) to be exempt from both the EB and H-1B
visa cap numbers.
Designing the H-1B visa cap numbers around a market-based annual adjustment,
rather than an arbitrary fixed number.
The creation of an entire new visa category that would allow STEM students,
studying in the United States on a student visa, to seamlessly transition to a green
card when offered a job.
The Chamber urges inclusion of these measures in a comprehensive immigration reform package. Without these provisions in a broad immigration reform package, American companies will continue to lose their competitive edge in the global economy.
On behalf of the Chamber, I thank you and look forward to working with this Congress to pass meaningful comprehensive immigration reform.
Sincerely,
R. Bruce Josten
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stuckinmuck
05-25 01:44 AM
The latest version of the CIR bill majorly messes up legal immigrants' lives.
My advice would be to get ready to pack your bags and go back home.
The H1B provisions will make it impossible for you to stay here for long.
I presume you are affected by GC retrogression.
My advice would be to get ready to pack your bags and go back home.
The H1B provisions will make it impossible for you to stay here for long.
I presume you are affected by GC retrogression.
more...
mbartosik
04-29 12:26 AM
Prepare your evidence, this will include pay slips, emails, etc., write down a statement of facts, if you want to go the extra mile find the relevant parts of the statute (go to thomas.loc.gov and/or dol.gov) that ban the behavior where employer broke the law and print that out too.
Then go in person to local DOL office, speak politely with the nice people there, and your employer may find himself in hot water. Be prepared to take a half day for this.
Of course you want to make sure that no longer working for that employer does not put you out of status.
Then go in person to local DOL office, speak politely with the nice people there, and your employer may find himself in hot water. Be prepared to take a half day for this.
Of course you want to make sure that no longer working for that employer does not put you out of status.
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latbsol
02-25 11:19 AM
Hey, thanks for the feedback and clarifications. Good to know that my EB2 will not affect the existing EB3. Yeah, I agree things are kind of grey when it comes to using the on-the-job work experience. I guess it depends on individual circumstances and there is no certainity about what will apply where.
It would be really nice if the USCIS publishes some clear written material on these rules and regulations, like a FAQs that answers the most nagging questions someone has about Employment Based immigration. Does something like that exist? Does anyone know?
Thanks
It would be really nice if the USCIS publishes some clear written material on these rules and regulations, like a FAQs that answers the most nagging questions someone has about Employment Based immigration. Does something like that exist? Does anyone know?
Thanks
more...
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HumHongeKamiyab
03-16 12:37 PM
Mine is TSC. Is TSC sending RFEs too? BTW, I Updated my profile.
expect an RFE in a month or two. Also fill in your profile to help others...
expect an RFE in a month or two. Also fill in your profile to help others...
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fasterthanlight�
05-12 12:14 PM
The dont is quite hard to make out
**font perhaps?
Did you think of maybe reversing the stroke and fill colours of the font to achieve better contrast? instead of green stroke white outline, the apple, for example, reverse it so that it is white on the outside, green on the inside, because the green tends to blend in with the fruit.
**font perhaps?
Did you think of maybe reversing the stroke and fill colours of the font to achieve better contrast? instead of green stroke white outline, the apple, for example, reverse it so that it is white on the outside, green on the inside, because the green tends to blend in with the fruit.
more...
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vivache
10-04 03:21 PM
Question.
When I check the website I see this Step 4:
Does this mean that I first need to pass the documents to the application centre and only then after 3 days can I go to the embassy?
Can't I just get the date and go to the embassy direct?
Thanks
Vivek
Step 4: You are then required to submit your forms with one recent photograph and documents as per the checklist to any of the application centres in Mumbai, Pune or Ahmedabad.
Please note: If you are submitting your forms to our application centre in Mumbai you must submit at least 3 working days in advance. E.g.: If your interview is scheduled for a Friday, you must submit your documents latest by the preceding Tuesday, provided all days in between are working days. If you are submitting your forms to our application centres in Ahmedabad or Pune, you must do so at least 4 working days in advance. E.g.: If your interview is scheduled for Friday, you must submit your documents latest by the preceding Monday provided all days in between are working days. It is recommended that you forward your documents to us immediately after scheduling an interview.
When I check the website I see this Step 4:
Does this mean that I first need to pass the documents to the application centre and only then after 3 days can I go to the embassy?
Can't I just get the date and go to the embassy direct?
Thanks
Vivek
Step 4: You are then required to submit your forms with one recent photograph and documents as per the checklist to any of the application centres in Mumbai, Pune or Ahmedabad.
Please note: If you are submitting your forms to our application centre in Mumbai you must submit at least 3 working days in advance. E.g.: If your interview is scheduled for a Friday, you must submit your documents latest by the preceding Tuesday, provided all days in between are working days. If you are submitting your forms to our application centres in Ahmedabad or Pune, you must do so at least 4 working days in advance. E.g.: If your interview is scheduled for Friday, you must submit your documents latest by the preceding Monday provided all days in between are working days. It is recommended that you forward your documents to us immediately after scheduling an interview.
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Yeldarb
10-08 08:10 AM
PHAT7-- that is one awesome pic, u got my vote :)
more...
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gcnirvana
06-18 05:06 PM
Here is my situation:
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
Yes It applies to new employer as well.
Here is my timeline
on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4
EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
Yes It applies to new employer as well.
Here is my timeline
on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4
EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.
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BPforGC
08-13 06:13 PM
1) The award you submitted was academic in nature. USCIS maintains that student awards such as fellowships, scholarships do not meet this criteria. Do you have anythingelse that is nationally recognized? Show me the evidence.
2) You submitted your work at research meetings. That is what researchers are supposed to do. How is your work is above and beyond what is out there in those meetings? "Consequently, it does not follow that all scientists who are asked to present their findings enjoy sustained acclaim in their field". Show me how your presentation history exceeds others.
3) Show the clear evidence that you have performed a leading and critical role in your organization.
4) You published several papers. But scientists are supposed to publish and dessiminate their work. Please resubmit updated citation listing. Please submit objective listing that your publication history exceeds the rest of the field.
Gurus... do I have a chance with these questions. I don't have any other national or international award such as Presidential Medal or Nobel Prize.
My presentation at international conferences are posters. Nothing great such as plenary talk.
I can submit more evidence of publications and citations.
Letter about my role and responsibilities as leader in my institution.
Thats it. Do I have a chance?
2) You submitted your work at research meetings. That is what researchers are supposed to do. How is your work is above and beyond what is out there in those meetings? "Consequently, it does not follow that all scientists who are asked to present their findings enjoy sustained acclaim in their field". Show me how your presentation history exceeds others.
3) Show the clear evidence that you have performed a leading and critical role in your organization.
4) You published several papers. But scientists are supposed to publish and dessiminate their work. Please resubmit updated citation listing. Please submit objective listing that your publication history exceeds the rest of the field.
Gurus... do I have a chance with these questions. I don't have any other national or international award such as Presidential Medal or Nobel Prize.
My presentation at international conferences are posters. Nothing great such as plenary talk.
I can submit more evidence of publications and citations.
Letter about my role and responsibilities as leader in my institution.
Thats it. Do I have a chance?
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kaarmaa
05-04 06:07 PM
Hi kaarmaa
Thanks for your response.
I am guessing you had a 3 years extension after your 6 years and in your 7th year you transferred over just as a normal H1b would have done. Correct? So in this case, what is the significance of I-140 since your new emplyer will have to apply for PERM and LC again in any case?
No.
I'm in my 7th and my H1B is expiring this June. My new employer filed for a three year extension using my approved 140 copy.
I-140 can be used to reclaim the old priority date.
Please consult an attorney. I have knowledge limited to my case.
Thanks for your response.
I am guessing you had a 3 years extension after your 6 years and in your 7th year you transferred over just as a normal H1b would have done. Correct? So in this case, what is the significance of I-140 since your new emplyer will have to apply for PERM and LC again in any case?
No.
I'm in my 7th and my H1B is expiring this June. My new employer filed for a three year extension using my approved 140 copy.
I-140 can be used to reclaim the old priority date.
Please consult an attorney. I have knowledge limited to my case.
gulute
09-16 02:57 AM
The major grievance of people on H1 was their spouses cannot work and when the ruling came into effect that the time spent on H4 will not be counted and a new 6 year term is possible, H4s massively applied for H1, and this year�s H1 quota was over on the first day itself and then the lotto! Now when the H1 is approved they are too chicken and do not want to work!
They have taken away these most coveted H1 visa numbers from qualified professionals who wanted to come and work in this country. Please don�t do this next year!
So far two, any more in the same situation! :confused:
Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
They have taken away these most coveted H1 visa numbers from qualified professionals who wanted to come and work in this country. Please don�t do this next year!
So far two, any more in the same situation! :confused:
Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
looneytunezez
04-24 01:58 PM
"date of actual move"
Thanks,
LT
Thanks,
LT
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