validIV
03-24 12:51 PM
Technically if you lose employment in H-1 you are out of status, although there is an informal grace period that everyone here interprets differently.
How long have you been unemployed?
How long have you been unemployed?
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vxg
03-26 12:38 PM
I filed last week using USPS. I added the service where in the mailed you a signed receipt that it was received basically you fill a pre paid postcard with your address for the receiver to sign and send back to you. I received that back from TSC it is signed by some one with a TSC stamp. USPS delivered it in two days and only cost about $6 ( I used priority mail).
Need advise - bumping this up...
Many of you must have filed for their AP - can you please share with me what is the best and the safest way to get my application to USCIS?
I was looking for some tracking to know the app got delivered and do it overnight so it gets there in a day.
Wasn't sure if UPS/fed-ex delivers to PO box addresses or should I just stick to USPS?
Also, whether some kind of delivery tracking can be done on PO box addresses?
Please advise folks... Thanks in advance for your help!
Need advise - bumping this up...
Many of you must have filed for their AP - can you please share with me what is the best and the safest way to get my application to USCIS?
I was looking for some tracking to know the app got delivered and do it overnight so it gets there in a day.
Wasn't sure if UPS/fed-ex delivers to PO box addresses or should I just stick to USPS?
Also, whether some kind of delivery tracking can be done on PO box addresses?
Please advise folks... Thanks in advance for your help!
ruby
05-03 12:04 PM
I have few united air miles, which I can donate.
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cherish37
10-24 03:03 PM
Hi sreedhar,
I am a July 2nd filer, after a long long wait, finally got my checks cleared on Oct 11, 2007, my lawyer received the I-765 and FP notices on 10/19, but not the I-485 receipt. Receipt date is 8/14, different A#s, Not able to check status online. Seems I am the lucky one got experience of all kinds of problems that July 2nd filer encountered.
Most importantly, without the physical I-485 receipt, I am not able to apply for AP... I am very worry about if the I-485 receipt was lost in mail.
I am a July 2nd filer, after a long long wait, finally got my checks cleared on Oct 11, 2007, my lawyer received the I-765 and FP notices on 10/19, but not the I-485 receipt. Receipt date is 8/14, different A#s, Not able to check status online. Seems I am the lucky one got experience of all kinds of problems that July 2nd filer encountered.
Most importantly, without the physical I-485 receipt, I am not able to apply for AP... I am very worry about if the I-485 receipt was lost in mail.
more...
ashoka
09-26 02:27 PM
Texcan,
Thank you.
Thank you.
karthic
12-19 08:26 AM
Hi a_yaja,
Thanks for you reply. Sorry i didn't post the entire paragraph from the memo. I have attached the USCIS Memo with this post. You can see the following paragraph on the page 17 of the Memo
My Inference from Memo:
When a cap-exempt employee files for concurrent application with cap subjected employer then the employee will be counted against the cap only if he stops the employment with cap-exempt employee. If the UCSIS finds that employee have not ceased from cap-exempt employer then UCSIS won't consider the petition against cap. In other words the concurrent petition will be approved but still the employee won't be counted toward cap.
Please let me know if i am wrong. Thanks
Below is the paragraph from the attached Memo
Requests for Changes in Employment or Concurrent Employment Requests
for Certain Cap-Exempt Aliens.
Any alien who ceases to be employed by an employer described in
paragraph (5)(A) shall, if employed as a nonimmigrant alien described in
section 1101(a)(15)(H)(i)(b) of this title, who has not previously been counted
toward the numerical limitations contained in paragraph (1)(A), be counted
toward those limitations the first time the alien is employed by an employer
other than one described in paragraph (5). (Emphasis added.)
Documentary evidence, such as a current letter of employment or a recent pay
stub, should be provided in support of such a concurrent employment petition at
the time that it is filed with USCIS in order to confirm that the H-1B alien
beneficiary is still employed in a cap-exempt position.
At the time of filing of a concurrent employment H-1B petition that is subject to
the numerical limitation of 214(g)(1)(a):
� If the H-1B alien beneficiary has not �ceased� to be employed in a cap-
exempt position pursuant to INA �� 214(g)(5)(A) and (B), then he or she will
not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt
position, then the alien will be subject to the H-1B numerical limitation, and
the concurrent employment petition may not be approved unless a cap
number is available to the alien beneficiary.
If USCIS determines that an H-1B alien beneficiary has ceased to be
employed in a cap-exempt position after a new cap-subject H-1B petition has
been approved on his or her behalf, USCIS will deny any subsequent cap-
subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap
numbers are available.
Thanks for you reply. Sorry i didn't post the entire paragraph from the memo. I have attached the USCIS Memo with this post. You can see the following paragraph on the page 17 of the Memo
My Inference from Memo:
When a cap-exempt employee files for concurrent application with cap subjected employer then the employee will be counted against the cap only if he stops the employment with cap-exempt employee. If the UCSIS finds that employee have not ceased from cap-exempt employer then UCSIS won't consider the petition against cap. In other words the concurrent petition will be approved but still the employee won't be counted toward cap.
Please let me know if i am wrong. Thanks
Below is the paragraph from the attached Memo
Requests for Changes in Employment or Concurrent Employment Requests
for Certain Cap-Exempt Aliens.
Any alien who ceases to be employed by an employer described in
paragraph (5)(A) shall, if employed as a nonimmigrant alien described in
section 1101(a)(15)(H)(i)(b) of this title, who has not previously been counted
toward the numerical limitations contained in paragraph (1)(A), be counted
toward those limitations the first time the alien is employed by an employer
other than one described in paragraph (5). (Emphasis added.)
Documentary evidence, such as a current letter of employment or a recent pay
stub, should be provided in support of such a concurrent employment petition at
the time that it is filed with USCIS in order to confirm that the H-1B alien
beneficiary is still employed in a cap-exempt position.
At the time of filing of a concurrent employment H-1B petition that is subject to
the numerical limitation of 214(g)(1)(a):
� If the H-1B alien beneficiary has not �ceased� to be employed in a cap-
exempt position pursuant to INA �� 214(g)(5)(A) and (B), then he or she will
not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt
position, then the alien will be subject to the H-1B numerical limitation, and
the concurrent employment petition may not be approved unless a cap
number is available to the alien beneficiary.
If USCIS determines that an H-1B alien beneficiary has ceased to be
employed in a cap-exempt position after a new cap-subject H-1B petition has
been approved on his or her behalf, USCIS will deny any subsequent cap-
subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap
numbers are available.
more...
snathan
05-17 05:04 PM
Thanks Nathan for quick response.
But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?
Are there more people like me here? who were born outside of india, but are Indian citizens?
Thank you for help
People who were born outside India can be Indian Citizen. But you need to have the only one country as birth place. Otherwise it will create trouble for you with USCIS
But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?
Are there more people like me here? who were born outside of india, but are Indian citizens?
Thank you for help
People who were born outside India can be Indian Citizen. But you need to have the only one country as birth place. Otherwise it will create trouble for you with USCIS
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sanju_dba
07-17 11:25 AM
You are in same situation as me as long your job duties for the new position are 50% different from old position you should be ok
Thats awesome! so , whats the procedure ivolved?
UPDATE : here is the reply from my attorney
"You cannot just move your catagory from EB-3 to EB-2 by your compay's promotion. You will have to go
through the whole process again. Also, the experience you gained from the same employer who sponsor your
green card normally cannot be used (counted). "
I guess I have to continue "RamBhajan" in the same EB3 for another infinity years!
Thats awesome! so , whats the procedure ivolved?
UPDATE : here is the reply from my attorney
"You cannot just move your catagory from EB-3 to EB-2 by your compay's promotion. You will have to go
through the whole process again. Also, the experience you gained from the same employer who sponsor your
green card normally cannot be used (counted). "
I guess I have to continue "RamBhajan" in the same EB3 for another infinity years!
more...
kadarm
08-22 07:01 PM
I am also from MN. Living in Minnetonka. Willing to know anyone going for Rally.
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srgadi
06-23 01:43 AM
ndbhatt,
If I read your profile right, you arrived in US in April 2005 flied for LC in July 07. I think that is a different situation than someone working in H1B since 1999 (F1 since 1996). Do you know anyone in H1B since 1999 and without an EAD option? I suppose waiting 14 years is very different than waiting 5 years..
Yes, it is different and its unfortunate in your case. However, there is nothing you can do other than wait for your date to be current in order for you to apply for I-485 and EAD/AP.
If I read your profile right, you arrived in US in April 2005 flied for LC in July 07. I think that is a different situation than someone working in H1B since 1999 (F1 since 1996). Do you know anyone in H1B since 1999 and without an EAD option? I suppose waiting 14 years is very different than waiting 5 years..
Yes, it is different and its unfortunate in your case. However, there is nothing you can do other than wait for your date to be current in order for you to apply for I-485 and EAD/AP.
more...
forgerator
04-08 08:12 PM
US govt. must get all their money from HBSC and then strip them of their US citizenship and deport them. You can do everything in America except cheat more than allowed on taxes. Everyone enjoys a little wriggle space with taxes...the IRS knows that about each filer. Certain things however cannot and should not be done. These evaders are nothing but THEIVES stealing from us ALL. :mad:
I believe US citizenship cannot be revoked unless you're charged with treason or something.
I believe US citizenship cannot be revoked unless you're charged with treason or something.
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checklaw
07-19 11:30 AM
CIS AFM (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2)
Thanks very informative.
Thanks very informative.
more...
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malibuguy007
10-02 10:37 AM
Thanks Jayleno, you know your contribution will go a long way.
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ajay
12-24 11:38 AM
I have not informed uscis about the change although I updated my address in their website. As regards AC 21, if I am ready to file it my current employer said they will be ready to support it but I haven't started that process yet.
more...
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roseball
04-20 02:04 PM
I dont think there is any need to apply for amendment in premium processing as long as you file the amendment before your current I-94 expires (which in your case is the date of EAD expiry).....I would suggest you to check with some other lawyer too regarding this because $1000 is not a small amount....
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whiteStallion
03-04 07:44 PM
Congratulations ! Its party time! :D
more...
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muthukmk
08-03 07:24 PM
Hi experts,
Can someone help me in this regards. Awaiting eagerly for ur expert comments.
Regards
Can someone help me in this regards. Awaiting eagerly for ur expert comments.
Regards
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gconmymind
08-19 03:11 PM
I will be in similar position if I get RFE for this. I guess all you can do is provide what you have and an explanation. Hopefully it should not be that big of an issue.
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wandmaker
12-30 12:17 PM
Here is an idea: say we have roughly 500 members out of this vast array of 35000+ members who have the heart and the will to contribute. we get $2000 from each and place it in an escrow trust account that does not release money for expenditure unless we reach $1 mln
We need to identify number of people who can really make a big chunk of one time contribution (like $500,$1000,$2000), and we should aim at scoring atleast 2000 committed members, so that per person share would be $500. Once we have the pledge from committed members; IV shall announce the fund raising day (instead of fund raising thread) in advance, all committed members will contribute the same day (optimistic).
We need to identify number of people who can really make a big chunk of one time contribution (like $500,$1000,$2000), and we should aim at scoring atleast 2000 committed members, so that per person share would be $500. Once we have the pledge from committed members; IV shall announce the fund raising day (instead of fund raising thread) in advance, all committed members will contribute the same day (optimistic).
cdeneo
01-05 03:56 PM
Hi there,
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
uslegals
11-11 10:32 AM
thanks chakdepatte !...where do u mail all the docs...?? I read somewhere about a lock box and NOT directly to service center.?
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