gcpadmavyuh
10-07 11:08 PM
Hi Parimmigv:
Applying for 485 does not affect your H1/H4 status, as these visas are dual intent.
If your H1 is approved, your H4 status will cease to exist from the date of H1 validity (I'm guessing, Oct 1st for you). So, officially from that date, you are on H1.
If you have applied for 485 recently, you are also eligible for EAD which authorizes you to take up "ANY" job of your choice in the US.
485 iteslf is a separate status called the adjustee or parolee status.
Now to your questions:
1. what status am I on right now ?
Since your H1 is approved, effective Oct 1st you are on H1 status. Since you applied for 485 recently you are also on the parolee status. Typically to come out clean of the H1 status, one uses their EAD to work. Then the H1 status is invalidated. To do this, just fill out a new I9 form with your employer showing EAD as the basis of authorization to work.
2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
No,this is not true. You need not have your H1 stamped to be on H1 status. Your H1 picks up on Oct1st if your 797 went through.
3. How to move to EAD as I don't want to pay payroll fees ?.
Need to fill out a new I9 form with your employer indicating your EAD as the form of authorization to work.
BTW, I gathered that you have'nt received your EAD yet and you may not be in a position to produce it as proof of auth for work for a new I-9. I personally think you dont need to worry about not getting paid from Oct 1st through the day of your EAD approval, as you can claim to be on 485 parolee status during this period and not H1. Please check with a qualified
attorney. I'm 99.99% sure of this.
good luck!
Hello:
Can some please help me here ?.
Iam on H4 and I applied for H1 through a consulting company and got it approved last month. I haven't got my I797 form yet.
I have applied for EAD through my husband's company. I think EAD may take few more months to get approved. My questions are:-
1. what status am I on right now ?
2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
3. How to move to EAD as I don't want to pay payroll fees ?.
Thanks,
Applying for 485 does not affect your H1/H4 status, as these visas are dual intent.
If your H1 is approved, your H4 status will cease to exist from the date of H1 validity (I'm guessing, Oct 1st for you). So, officially from that date, you are on H1.
If you have applied for 485 recently, you are also eligible for EAD which authorizes you to take up "ANY" job of your choice in the US.
485 iteslf is a separate status called the adjustee or parolee status.
Now to your questions:
1. what status am I on right now ?
Since your H1 is approved, effective Oct 1st you are on H1 status. Since you applied for 485 recently you are also on the parolee status. Typically to come out clean of the H1 status, one uses their EAD to work. Then the H1 status is invalidated. To do this, just fill out a new I9 form with your employer showing EAD as the basis of authorization to work.
2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
No,this is not true. You need not have your H1 stamped to be on H1 status. Your H1 picks up on Oct1st if your 797 went through.
3. How to move to EAD as I don't want to pay payroll fees ?.
Need to fill out a new I9 form with your employer indicating your EAD as the form of authorization to work.
BTW, I gathered that you have'nt received your EAD yet and you may not be in a position to produce it as proof of auth for work for a new I-9. I personally think you dont need to worry about not getting paid from Oct 1st through the day of your EAD approval, as you can claim to be on 485 parolee status during this period and not H1. Please check with a qualified
attorney. I'm 99.99% sure of this.
good luck!
Hello:
Can some please help me here ?.
Iam on H4 and I applied for H1 through a consulting company and got it approved last month. I haven't got my I797 form yet.
I have applied for EAD through my husband's company. I think EAD may take few more months to get approved. My questions are:-
1. what status am I on right now ?
2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
3. How to move to EAD as I don't want to pay payroll fees ?.
Thanks,
.jpg "Priyanka Hot Bikini Photos")
vinki
10-27 01:31 PM
hi !
Thank you gurus for your quick response .... have one more question in mind ...
Is it a pre-requisite to have SSN before applying for a job ?
thanks
Vinki
Thank you gurus for your quick response .... have one more question in mind ...
Is it a pre-requisite to have SSN before applying for a job ?
thanks
Vinki
dil_ip3
02-25 10:57 AM
My wife wants to move from h1b to h4 status.
Her H1b has started on Oct 1st 2008, and since then her employeer has not found any project and he is not running any her payroll till now.
What is the procedure to come back to H4.
She already has H4 Stamping valid in her passport (until August 2009).
She does not have H1B Stamping on her passport.
My H1B status is perfect with all paystubs.
Her lawyers are suggesting her to go out of country and come back on her H4 Stamping.
I am afraid if any one would ask her about her H1B Paystubs on her arrival back into USA.
Would there be any problem in coming back on H4?
Her H1b has started on Oct 1st 2008, and since then her employeer has not found any project and he is not running any her payroll till now.
What is the procedure to come back to H4.
She already has H4 Stamping valid in her passport (until August 2009).
She does not have H1B Stamping on her passport.
My H1B status is perfect with all paystubs.
Her lawyers are suggesting her to go out of country and come back on her H4 Stamping.
I am afraid if any one would ask her about her H1B Paystubs on her arrival back into USA.
Would there be any problem in coming back on H4?
waitin_toolong
08-10 12:40 PM
no you do not need to register in USA. Indian registration is recognized
more...
paskal
08-22 07:02 PM
I have your request to join, we are indeed very active.
My sincere apologies at not getting back to you so far- will redress that asap!
Welcome...we are delighted to have you with us.....:)
My sincere apologies at not getting back to you so far- will redress that asap!
Welcome...we are delighted to have you with us.....:)
Ann Ruben
05-27 05:33 PM
The EB-2 NIW category, like the EB-1 extraordinary ability category, has the advantage of not requiring employer sponsorship---both can be "self-petitions". Depending on the particular facts, it is sometimes easier to qualify for the EB-2 NIW category. It is also possible to file separate I-140 petitions in two or more categories at the same time to increase the liklihood of success.
more...
.jpg "Priyanka Chopra")
getrdone
09-17 01:54 AM
I got similar information from IO
I am not sure what he meant by before it expires?
Did you ask what happens when it expires?
and what about the 180 days rule? I was told that they would look in application pending more than 1 yr during Nov.
And application pending more than 2 yrs are already processed ( as per press release)
good luck !!
Just got off the phone with customer service rep. I called them to know the status of my service request that was created 45 days ago. After some wait, one lady picked up my call. I asked her to check the status of my service request. She tried for 10 mins to pull up that info but she couldn't pull up because of some technical issues. She escalated my call to another level.
One rep picked up my call.He seems to be nice and answered my questions. He said my case is under review as of 8/21/2008. When I asked him to see whether my name check is cleared or not, he said it is still pending as of now. FBI name check was initiated on Sep 18, 2007 and it should expire on Nov 30, 2008. Before that they should get a response for name check.
We gave our finger prints on Nov 2, 2007. How come name check was initiated on Sep 18, 2007? I am not sure whether i can believe his words?
I have a soft LUD on 8/21/2008. According to CSR words, i can assume that case was assigned to an officer. But i am not sure about the name check process.
Is any one got the similar response?
Please share your thoughts on this
Thanks,
palemguy
I am not sure what he meant by before it expires?
Did you ask what happens when it expires?
and what about the 180 days rule? I was told that they would look in application pending more than 1 yr during Nov.
And application pending more than 2 yrs are already processed ( as per press release)
good luck !!
Just got off the phone with customer service rep. I called them to know the status of my service request that was created 45 days ago. After some wait, one lady picked up my call. I asked her to check the status of my service request. She tried for 10 mins to pull up that info but she couldn't pull up because of some technical issues. She escalated my call to another level.
One rep picked up my call.He seems to be nice and answered my questions. He said my case is under review as of 8/21/2008. When I asked him to see whether my name check is cleared or not, he said it is still pending as of now. FBI name check was initiated on Sep 18, 2007 and it should expire on Nov 30, 2008. Before that they should get a response for name check.
We gave our finger prints on Nov 2, 2007. How come name check was initiated on Sep 18, 2007? I am not sure whether i can believe his words?
I have a soft LUD on 8/21/2008. According to CSR words, i can assume that case was assigned to an officer. But i am not sure about the name check process.
Is any one got the similar response?
Please share your thoughts on this
Thanks,
palemguy
caydee
05-26 03:47 PM
Just a thought, folks!!!
It would be beneficial to analyze web immigration articles and post your valuable comments. Any visa number analysis is pure speculation. Let us make ourselves heard. To begin with, please visit the following web pages ....
http://www.usatoday.com/news/nation/2007-05-26-immigration_N.htm#uslPageReturn
http://www.townhall.com/columnists/PhyllisSchlafly/2007/05/26/senate_immigration_bill_is_a_sellout,_not_reform?p age=full&comments=true
It would be beneficial to analyze web immigration articles and post your valuable comments. Any visa number analysis is pure speculation. Let us make ourselves heard. To begin with, please visit the following web pages ....
http://www.usatoday.com/news/nation/2007-05-26-immigration_N.htm#uslPageReturn
http://www.townhall.com/columnists/PhyllisSchlafly/2007/05/26/senate_immigration_bill_is_a_sellout,_not_reform?p age=full&comments=true
more...
knowDOL
08-28 10:38 AM
Mention clearly what is indicated in job requirements. If the labor did not allow for BS in any enggg or related engg and just asked for BS in CS your I-140 will be denied for sure. No need to wait for the denial. Why did your attorney filed a labor like that for you knowing you do not have BS in CS.
My lawyer filed my Labor certification stating that the job requires 'BS degree in CS'. My labor got approved last month.
I hold a MS degree in CS and BS degree in Industrial Engg.
Now while I am about to file for I-140, I am getting information from various sources that my bachelor's degree has to be in CS, irrespective of holding a master's degree in CS.
Has anyone faced similar situation? How can I resolve this issue?
Please help as I almost spent 4 years in LC backlog queue!!!!!!!!
My lawyer filed my Labor certification stating that the job requires 'BS degree in CS'. My labor got approved last month.
I hold a MS degree in CS and BS degree in Industrial Engg.
Now while I am about to file for I-140, I am getting information from various sources that my bachelor's degree has to be in CS, irrespective of holding a master's degree in CS.
Has anyone faced similar situation? How can I resolve this issue?
Please help as I almost spent 4 years in LC backlog queue!!!!!!!!
.jpg "Priyanka Chopra hot ikini and")
drirshad
09-27 08:23 PM
And the oldies r gonna retire creating more jobs what will they do then, i m sure somethin goin on to make us suffer especially ..........
more...
Nabeel
10-26 04:34 PM
I think one should have a valid reason to Travel abroad on AP but IO can ask this question at your port of entry. So my understanding is one can apply for AP but should have valid reason to use it (travel) and should be able to satisfy IO at port of entry if they bring this question at your entry. I do not remember if we have any place on AP form to explain the reason to apply for AP.
LostInGCProcess
02-28 02:10 PM
Can anyone suggest me a good health insurance policy for the state of TN? What are the things that are important and what should be ignored? Most of the time I dont understand the technical terms used in it.
Currently I have one from a big health insurance company bought on the internet. I thought I was covered well. Every year they are raising the premium by about $30.00/month. I want to get another one, if anyone has bought from the open market please let me know.
Thanks!!!
Currently I have one from a big health insurance company bought on the internet. I thought I was covered well. Every year they are raising the premium by about $30.00/month. I want to get another one, if anyone has bought from the open market please let me know.
Thanks!!!
more...
Sreenuuk
08-07 09:24 AM
August Visa Bulletin is out.
EB2 - Jun 1 2006 (Unchanged) for India/China
EB3 - Unavailable.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html
EB2 - Jun 1 2006 (Unchanged) for India/China
EB3 - Unavailable.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html
abhijitp
11-12 05:47 PM
Great going! Good luck Texas State Chapter!
more...
IAspire
02-21 12:09 AM
Please help....
visaspirant
10-21 11:26 AM
Hello,
Here's a snapshot of my scenario:
1.My first H1 with company A: Oct 2005 to Oct 2008 (stamped in my passport)
2.My entry to USA: May 2006
3.My wife's entry to USA on H4: Oct 2007 (stamped in her passport)
4.My second H1 with company B: Dec 2007 to Dec 2010 (Not stamped in my passport)
5.My wife's H1 with company C: Oct 2008 to Oct 2011 (Not stamped in her passport)
My wife is on H1 now and she could not get a job till now. Now we want to change her status back to H4. Whats the best way to do this? She plans to travel to India in Jan 2010 and I plan to travel to India in April 2010. Any help highly appreciated.
Here's a snapshot of my scenario:
1.My first H1 with company A: Oct 2005 to Oct 2008 (stamped in my passport)
2.My entry to USA: May 2006
3.My wife's entry to USA on H4: Oct 2007 (stamped in her passport)
4.My second H1 with company B: Dec 2007 to Dec 2010 (Not stamped in my passport)
5.My wife's H1 with company C: Oct 2008 to Oct 2011 (Not stamped in her passport)
My wife is on H1 now and she could not get a job till now. Now we want to change her status back to H4. Whats the best way to do this? She plans to travel to India in Jan 2010 and I plan to travel to India in April 2010. Any help highly appreciated.
more...
thomachan72
05-10 02:06 PM
More like an idle mind ;)
Thanks. I started thinking whether the devil infact has grown more powerful that he is seeking new territory:D:D:D
Thanks. I started thinking whether the devil infact has grown more powerful that he is seeking new territory:D:D:D
PD_Dec2002
06-12 03:55 PM
up
If you have attached all the documents correctly and appropriately, then you won't get a RFE at all. Scan the forums to see why people have gotten RFEs and see if you have done the same mistakes. My lawyer confirmed that it's perfectly okay to send two recent paystubs instead of an employment letter. So your paystubs can't trigger a RFE.
As for getting your I-485 processed in 6 months? Well, if you are lucky, anything can happen. :-) The truth is I have several friends with PDs of 2002 and 2003, who haven't gotten their approvals yet.
You can see the processing times here: https://egov.uscis.gov/cris/jsps/ptimes.jsp
Good luck.
Thanks,
Jayant
If you have attached all the documents correctly and appropriately, then you won't get a RFE at all. Scan the forums to see why people have gotten RFEs and see if you have done the same mistakes. My lawyer confirmed that it's perfectly okay to send two recent paystubs instead of an employment letter. So your paystubs can't trigger a RFE.
As for getting your I-485 processed in 6 months? Well, if you are lucky, anything can happen. :-) The truth is I have several friends with PDs of 2002 and 2003, who haven't gotten their approvals yet.
You can see the processing times here: https://egov.uscis.gov/cris/jsps/ptimes.jsp
Good luck.
Thanks,
Jayant
go_guy123
12-09 10:05 AM
Everything is done only for illegals now a days... why should the politicians do anything for EB immigration for legally tax paying immigrants ?
I don't know who is worse the democrats or the republicans ...
Democratic party is actually horrible when it come to skilled imigrants. In the past the GOP have done for skilled folks like AC21 ets. DNC is for Unions (who oppose the H1B/EB people) and illegals (who like to keep us hostage for amnesty bills).
I don't know who is worse the democrats or the republicans ...
Democratic party is actually horrible when it come to skilled imigrants. In the past the GOP have done for skilled folks like AC21 ets. DNC is for Unions (who oppose the H1B/EB people) and illegals (who like to keep us hostage for amnesty bills).
pappu
06-06 09:10 AM
http://immigrationvoice.org/index.php?option=com_content&task=category§ionid=4&id=13&Itemid=36
You can find some points here in the documents on the URL mentioned above. This thread brings a good point. There are several issues that impact society, economy, family and relationships due to delays and problems in the GC process. Nobody has a compresensive study on that. Its a real anthropological/sociology and somewhat economics subject for anyone in universities doing a research. Such student can use us in this group to study. We should also try to have a document highlighting these issues so that US media can look at this problem from a different perspective.
some points
- lives are on hold
- property purchases cannot be planned
- cannot plan future investments and plan for settling in life.
- H1B is a temporary job and loss of job means leaving the country in 15 days. thus it impacts the lifestyle and family life. it has economic and psycological implications
- spouse cannot even have driving license since they cannot have a social security card. social security card is given only upon getting work permit. and h4 visa means spose cannot work. lack of driving license is a huge factor in creating restlessness and anxiety and leads to several hardships for a family. Driving is a need in this country and lack of of by spouses affects the homemakers and management of the house and needs.
- H1Bs on extensions (1 year) and people with 1 year EADs have difficulty getting driving license renewed in some states. not being able to drive to work is a big problem in itself and has economic and physical hardship implications.
- long wait for green card weighs in heavy on immigrant families and they cannot enjoy the same freedom that citizens or permanent residents enjoy. This restriction hampers the growth and development of children.
- children of H1B holders cannot get any relief in tuition in local colleges even if they are intelligent and qualify all exams with best scores. They cannot get any scolarships.
- employers of h1B tend to exploit employees knowing that the employee will stay until PR application is approved. This creates depression in employees.
- lack of promotions and raises for H1B immigrant causes disparity amongst employees and coworkers change their attitude against the employee. Such lack of respect and seeing juniors becoming seniors over a perid of time, creates emotional stress in immigrant.
- The lengthy, vague and irratic nature of proceessing of cases by USCIS and DOL causes tensions and distress at various stages in the process.
- Skilled EB immigrants only make up 11.5% of legal immigrants. This small number contributes the most to the us economy instead of other catagories.
- Lot of highly educated professional want to start new businesses and ventures. Inability to do that hurts their innovative spirit and competitive edge that usa can befit from. New business will also provide more revenue and jobs for the country.
- Due to the nature of H1B validations and extensions, every time the immigrant travels to the home country there has to be a visa interview. These visa interviews have to be planned months in advance and the trip cannot be short. It has a financial burden and emotional stress for the family. Not being able to visit the homecountry at will creates family tensions and issues. Families and relatives have to stay part and meet after long intervals of time.
- inability to change jobs during the 8 year greencard process hurts the learning and development and career growth of the person. For a high skilled professional in the prime of his work life this is very important. Not being able to change jobs creates frustration and growth becomes stagnant.
- the long wait for the GC forces some immigrant to migrate to other developed countries that have better immigration process or head back to home country to use their skills. Its a loss of intellectual capital for USA. For an immigrant it means uprooting life again from one place and restarting life again elsewhere. It not only has financial implications but a social, cultural and emotional burden on the family.
You can find some points here in the documents on the URL mentioned above. This thread brings a good point. There are several issues that impact society, economy, family and relationships due to delays and problems in the GC process. Nobody has a compresensive study on that. Its a real anthropological/sociology and somewhat economics subject for anyone in universities doing a research. Such student can use us in this group to study. We should also try to have a document highlighting these issues so that US media can look at this problem from a different perspective.
some points
- lives are on hold
- property purchases cannot be planned
- cannot plan future investments and plan for settling in life.
- H1B is a temporary job and loss of job means leaving the country in 15 days. thus it impacts the lifestyle and family life. it has economic and psycological implications
- spouse cannot even have driving license since they cannot have a social security card. social security card is given only upon getting work permit. and h4 visa means spose cannot work. lack of driving license is a huge factor in creating restlessness and anxiety and leads to several hardships for a family. Driving is a need in this country and lack of of by spouses affects the homemakers and management of the house and needs.
- H1Bs on extensions (1 year) and people with 1 year EADs have difficulty getting driving license renewed in some states. not being able to drive to work is a big problem in itself and has economic and physical hardship implications.
- long wait for green card weighs in heavy on immigrant families and they cannot enjoy the same freedom that citizens or permanent residents enjoy. This restriction hampers the growth and development of children.
- children of H1B holders cannot get any relief in tuition in local colleges even if they are intelligent and qualify all exams with best scores. They cannot get any scolarships.
- employers of h1B tend to exploit employees knowing that the employee will stay until PR application is approved. This creates depression in employees.
- lack of promotions and raises for H1B immigrant causes disparity amongst employees and coworkers change their attitude against the employee. Such lack of respect and seeing juniors becoming seniors over a perid of time, creates emotional stress in immigrant.
- The lengthy, vague and irratic nature of proceessing of cases by USCIS and DOL causes tensions and distress at various stages in the process.
- Skilled EB immigrants only make up 11.5% of legal immigrants. This small number contributes the most to the us economy instead of other catagories.
- Lot of highly educated professional want to start new businesses and ventures. Inability to do that hurts their innovative spirit and competitive edge that usa can befit from. New business will also provide more revenue and jobs for the country.
- Due to the nature of H1B validations and extensions, every time the immigrant travels to the home country there has to be a visa interview. These visa interviews have to be planned months in advance and the trip cannot be short. It has a financial burden and emotional stress for the family. Not being able to visit the homecountry at will creates family tensions and issues. Families and relatives have to stay part and meet after long intervals of time.
- inability to change jobs during the 8 year greencard process hurts the learning and development and career growth of the person. For a high skilled professional in the prime of his work life this is very important. Not being able to change jobs creates frustration and growth becomes stagnant.
- the long wait for the GC forces some immigrant to migrate to other developed countries that have better immigration process or head back to home country to use their skills. Its a loss of intellectual capital for USA. For an immigrant it means uprooting life again from one place and restarting life again elsewhere. It not only has financial implications but a social, cultural and emotional burden on the family.
seekinggc
07-16 04:59 PM
Hi to all in this morass called Immigration to the USA,
#1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?
#2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....
Thanks !
Hey,
My I-140 was filed in June 2006. It was based on the LC Substitution from the same company..but filed with the copy of the LC. It has been still pending for more than a year with TSC. Last inquired with USCIS in Jan 07, USCIS came back to us and said it requires an additional review. But the LUD remain the same as June 2006.
My lawyer said she will another inquiry with USCIS in August 2007 as 6 months waiting period will be over from last inquiry....
#1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?
#2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....
Thanks !
Hey,
My I-140 was filed in June 2006. It was based on the LC Substitution from the same company..but filed with the copy of the LC. It has been still pending for more than a year with TSC. Last inquired with USCIS in Jan 07, USCIS came back to us and said it requires an additional review. But the LUD remain the same as June 2006.
My lawyer said she will another inquiry with USCIS in August 2007 as 6 months waiting period will be over from last inquiry....
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