ujayra01
07-18 09:44 PM
Thank you very much. This makes it very clear.
Unless otherwise you invoke her H1, she will be in H4 even if H1 is approved today. Invoking means, going to home country and getting it stamped or start working for a company and getting paid via paystub and having SSN
Unless otherwise you invoke her H1, she will be in H4 even if H1 is approved today. Invoking means, going to home country and getting it stamped or start working for a company and getting paid via paystub and having SSN
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agarwa4
07-30 05:30 PM
I have applied concurrently for green card under EB2 in August 2007.Received I140 approval and I485 is in process. Have applied for H1b extension and is pending. I am working for a consulting firm at present. I got job offer for a permanent position with the client that has same job duties and title. But the salary is about $20, 000 lower than what my consulting firm is paying now. My labor was applied with a higher salary. Can this lower salary and the difference create problems with the green card processing? Did anyone have any of this experience? Please help!!!
I have applied concurrently for green card under EB2 in August 2007.Received I140 approval and I485 is in process. Have applied for H1b extension and is pending. I am working for a consulting firm at present. I got job offer for a permanent position with the client that has same job duties and title. But the salary is about $20, 000 lower than what my consulting firm is paying now. My labor was applied with a higher salary. Can this lower salary and the difference create problems with the green card processing? Did anyone have any of this experience? Please help!!!
I have applied concurrently for green card under EB2 in August 2007.Received I140 approval and I485 is in process. Have applied for H1b extension and is pending. I am working for a consulting firm at present. I got job offer for a permanent position with the client that has same job duties and title. But the salary is about $20, 000 lower than what my consulting firm is paying now. My labor was applied with a higher salary. Can this lower salary and the difference create problems with the green card processing? Did anyone have any of this experience? Please help!!!
I have applied concurrently for green card under EB2 in August 2007.Received I140 approval and I485 is in process. Have applied for H1b extension and is pending. I am working for a consulting firm at present. I got job offer for a permanent position with the client that has same job duties and title. But the salary is about $20, 000 lower than what my consulting firm is paying now. My labor was applied with a higher salary. Can this lower salary and the difference create problems with the green card processing? Did anyone have any of this experience? Please help!!!
I have applied concurrently for green card under EB2 in August 2007.Received I140 approval and I485 is in process. Have applied for H1b extension and is pending. I am working for a consulting firm at present. I got job offer for a permanent position with the client that has same job duties and title. But the salary is about $20, 000 lower than what my consulting firm is paying now. My labor was applied with a higher salary. Can this lower salary and the difference create problems with the green card processing? Did anyone have any of this experience? Please help!!!
I have applied concurrently for green card under EB2 in August 2007.Received I140 approval and I485 is in process. Have applied for H1b extension and is pending. I am working for a consulting firm at present. I got job offer for a permanent position with the client that has same job duties and title. But the salary is about $20, 000 lower than what my consulting firm is paying now. My labor was applied with a higher salary. Can this lower salary and the difference create problems with the green card processing? Did anyone have any of this experience? Please help!!!
I have applied concurrently for green card under EB2 in August 2007.Received I140 approval and I485 is in process. Have applied for H1b extension and is pending. I am working for a consulting firm at present. I got job offer for a permanent position with the client that has same job duties and title. But the salary is about $20, 000 lower than what my consulting firm is paying now. My labor was applied with a higher salary. Can this lower salary and the difference create problems with the green card processing? Did anyone have any of this experience? Please help!!!
waitin_toolong
02-08 08:29 AM
first of all EAD is not a status just a work authorization.
If you do not get H1 transferred before you lose your job you automatically fall on to AOS pending status and I-485 keeps you legal.
If you find an employer later to sponsor H1 ypu just file for H1 transfer and can start work using EAd and the day the H1 approval comes you move to H1. There is no need to move to H4 in the interim.
You dont have to inform USCIS about using EAD to work. The I-9 that you file with employer takes care of that.
If you have not completed 6 years on H1 you will not be subjected to cap
If you do not get H1 transferred before you lose your job you automatically fall on to AOS pending status and I-485 keeps you legal.
If you find an employer later to sponsor H1 ypu just file for H1 transfer and can start work using EAd and the day the H1 approval comes you move to H1. There is no need to move to H4 in the interim.
You dont have to inform USCIS about using EAD to work. The I-9 that you file with employer takes care of that.
If you have not completed 6 years on H1 you will not be subjected to cap
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ctu
03-28 04:14 AM
I want to transfer from H1B to F1.I came to US as a F1 and graduated in march 08.I got my H1B on oct 08.But now i want to transfer to F1 again and i had my visa till 2011. I had following doubts and please help me.
1) I heard that i can transfer to F1 from H1B without canceling(but deactivating H1B) is it true.
2) How much time does it take if i apply for change of status for F1?
3)can i take cpt in F1 and later on can i change to H1 by applying change of status?
1) I heard that i can transfer to F1 from H1B without canceling(but deactivating H1B) is it true.
2) How much time does it take if i apply for change of status for F1?
3)can i take cpt in F1 and later on can i change to H1 by applying change of status?
more...
dano
05-05 10:58 AM
thanks!
tdasara
03-25 12:24 PM
While its true, a cousin of my mine applied when PD was not current and got her EAD while her husbands 485 was pending (still pending)
Now, its a different issue that she/he get RFE whenever they apply for EAD renewal and once had to do a MTR.
I can only guess that if the adjudicator checks the date of application before approving the 485, they might be in trouble!
Now, its a different issue that she/he get RFE whenever they apply for EAD renewal and once had to do a MTR.
I can only guess that if the adjudicator checks the date of application before approving the 485, they might be in trouble!
more...
Blog Feeds
09-18 10:20 AM
Attorney Eugenia Ponce recently wrote a blog post here (http://www.immigration-law-answers-blog.com/2009/07/immigration-law/immigration-rights/lawful-permanent-residents-keep-trips-abroad-relatively-short/) cautioning Lawful Permanent Residents to keep their trips abroad relatively short. Here is the text of that post:
Lawful permanent residents (LPR) of the United States (green card holders) need to keep their trips abroad to a relatively short period of time. The Department of Homeland Security (DHS) could determine that an LPR has abandoned their residence if the LPR’s intent was not to return to the U.S. within a relatively short period of time.
Factors DHS could consider in evaluating the LPR’s intent include:
Whether the trip abroad is lengthy or for a short period of time;
LPR’s family ties in the U.S.;
property holding in the U.S.;
business affiliations within the U.S.;
LPR’s family, property, and business ties in the foreign country.
After that was posted, we were asked what exactly we meant by the term "relatively short." Of course the answer, as always, depends on several factors. But here is a further explanation from Ms. Ponce:
What a "relatively short period of time" is can't be defined in terms of elapsed time alone. Generally, lawful permanent residents (LPR) can use their green cards to return to the United States after a temporary absence not exceeding one year. The most important factor in concluding whether an LPR abandoned his or her U.S. residence is to look at the LPR's actual intent to return to the United States after a short trip, along with the other factors such as property, business, and family ties inside the U.S. and in the foreign country. An LPR returning to the U.S. once a year for a few days doesn't "automatically revalidate" a green card in a situation in which the lawful permanent resident has actually been residing abroad.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/lWE-18mYGGw/)
Lawful permanent residents (LPR) of the United States (green card holders) need to keep their trips abroad to a relatively short period of time. The Department of Homeland Security (DHS) could determine that an LPR has abandoned their residence if the LPR’s intent was not to return to the U.S. within a relatively short period of time.
Factors DHS could consider in evaluating the LPR’s intent include:
Whether the trip abroad is lengthy or for a short period of time;
LPR’s family ties in the U.S.;
property holding in the U.S.;
business affiliations within the U.S.;
LPR’s family, property, and business ties in the foreign country.
After that was posted, we were asked what exactly we meant by the term "relatively short." Of course the answer, as always, depends on several factors. But here is a further explanation from Ms. Ponce:
What a "relatively short period of time" is can't be defined in terms of elapsed time alone. Generally, lawful permanent residents (LPR) can use their green cards to return to the United States after a temporary absence not exceeding one year. The most important factor in concluding whether an LPR abandoned his or her U.S. residence is to look at the LPR's actual intent to return to the United States after a short trip, along with the other factors such as property, business, and family ties inside the U.S. and in the foreign country. An LPR returning to the U.S. once a year for a few days doesn't "automatically revalidate" a green card in a situation in which the lawful permanent resident has actually been residing abroad.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/lWE-18mYGGw/)
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deba
08-23 04:38 PM
I was told by consulate staff that the PIO card should be endorsed with the new passport # when you renew your foreign passport. I guess if you are traveling with both the old and new passport it should be ok, since they can verify right there. It is also a hassle endorsing the PIO card everytime you renew your passport. If you try to find out from the embassy/consulate ( that itself is a hassle), they will probably try to sell you for an endorsement. I do not know about the fees. I will be surprised if they didn't have one for endorsement.
more...
IndyRK
12-15 04:23 PM
Hi,
I am currently working on a fulltime H1B and my GC process is going on with second stage (I140) in progress. Now my old employer wants me to work parttime for them which I agreed upon but this is a possibility only if I have a parttime H1B applied w.r.t old employer which I am thinking to apply for it and work parttime. But my question here is does this effect my GC processing? If it is what are the effects? Please reply me back. Thanks a lot.
Regards
According to an attorney, you must work part time 35 hrs per week in order to keep your GC process going on.
I am currently working on a fulltime H1B and my GC process is going on with second stage (I140) in progress. Now my old employer wants me to work parttime for them which I agreed upon but this is a possibility only if I have a parttime H1B applied w.r.t old employer which I am thinking to apply for it and work parttime. But my question here is does this effect my GC processing? If it is what are the effects? Please reply me back. Thanks a lot.
Regards
According to an attorney, you must work part time 35 hrs per week in order to keep your GC process going on.
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kirupa
06-20 06:20 PM
haha, great story on how it all just worked :P
Are you sure someone didn't plant those oranges for you to find?
Are you sure someone didn't plant those oranges for you to find?
more...
newbie2020
06-23 11:53 AM
I agree , We have a lot of Professionals among us and such activities will certainly help.
Some of our members are very experienced in for ex: EAD questions, AC21 questions etc. We can build a skill DB and advertise these services at a much lower rates, Only hitch would be since we are not really Lawyers we may not be too accurate
Any thoughts
Some of our members are very experienced in for ex: EAD questions, AC21 questions etc. We can build a skill DB and advertise these services at a much lower rates, Only hitch would be since we are not really Lawyers we may not be too accurate
Any thoughts
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cnachu2
11-14 03:35 PM
Hi All,
I opened a service request with USCIS when my I485 was current in 09/08 and i got response saying that still investigation into my background remains open, so the case is not yet ready for decision. I filed my I 485 in August 2005 and in july 2007(then my file was current) also i was told that the background check is still going on.
Now we know that if it has been more than 180 days after we file I485, no need to wait for background check to process the petetion. My intention is to get my file out of this loop by the time PD becomes current. If any one had this issue and got it resolved, please advise me how i can handle it.
Thanks.
I opened a service request with USCIS when my I485 was current in 09/08 and i got response saying that still investigation into my background remains open, so the case is not yet ready for decision. I filed my I 485 in August 2005 and in july 2007(then my file was current) also i was told that the background check is still going on.
Now we know that if it has been more than 180 days after we file I485, no need to wait for background check to process the petetion. My intention is to get my file out of this loop by the time PD becomes current. If any one had this issue and got it resolved, please advise me how i can handle it.
Thanks.
more...
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arnet
09-18 10:02 PM
Disclaimer: I'm not an immigration attroney, so consult one for your situations as laws and filing procedures are changing constantly.
most companies do the same (stop paying for H4) after initial yrs of working with them. i think they have to pay for H1 but i dont think for H4. it is easier to file the extension for H4 visa along with H1, i think it will be like 3-4 pages. i think it is somewhere around 200 for H4 (but fees changes often. check USCIS website).
send the I-539 filled and signed application to the company (with payment/reqd documents) and ask them to file both at the same time so that H4 will be approved when H1 is approved. goodluck:)
My company has just changed the rules. From now they are unwilling to pay the costs incurred in the visa extensions for the spouse.
Is this legal? Does anyone have any links etc that I can pass on to HR if this is illegal. Thanks.
most companies do the same (stop paying for H4) after initial yrs of working with them. i think they have to pay for H1 but i dont think for H4. it is easier to file the extension for H4 visa along with H1, i think it will be like 3-4 pages. i think it is somewhere around 200 for H4 (but fees changes often. check USCIS website).
send the I-539 filled and signed application to the company (with payment/reqd documents) and ask them to file both at the same time so that H4 will be approved when H1 is approved. goodluck:)
My company has just changed the rules. From now they are unwilling to pay the costs incurred in the visa extensions for the spouse.
Is this legal? Does anyone have any links etc that I can pass on to HR if this is illegal. Thanks.
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newlab
06-02 03:36 PM
Hi Dolicus & Sanjay02,
I got the same case status update online. Could one of you please let me know what this means?
1) were you asked to go through an interview? or
2) is it for speed processing of the application.
Thanks.
I got the same case status update online. Could one of you please let me know what this means?
1) were you asked to go through an interview? or
2) is it for speed processing of the application.
Thanks.
more...
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Blog Feeds
07-08 11:30 AM
AILA Leadership Has Just Posted the Following:
Senator Sessions cannot leave his hands off of E-Verify. Now in "stealth" mode, Senator Sessions has slyly introduced an E-Verify amendment (SB 1371) during today's full Senate vote on the DHS appropriations bill.
The Sessions amendment calls for a permanent reauthorization of the Basic Pilot/E-Verify program, and mandates its use for all federal contractors and subcontractors - including the verification of all existing employees. This amounts to a massive expansion of a program that is still not ready for prime-time.
We must call our Senators and tell them to oppose this sneak attack by Senator Sessions for the following reasons:
It would impose exorbitant costs on businesses at a time when our economy is most vulnerable:
An economic analysis commissioned by the U.S. Chamber of Commerce
concluded that the net societal costs of the program would be $10 billion a year
� a cost that would be felt disproportionately by small businesses. It would make Basic Pilot/E-Verify permanent without addressing its well documented database inaccuracies:
A 2007 independent evaluation of the program commissioned by DHS found that
the Basic Pilot/E-Verify database �is still not sufficiently up to date� to meet
the requirements for �accurate verification.�
SSA has estimated that if Basic Pilot/E-Verify were to become mandatory and
the databases were not improved, SSA database errors alone could result in 3.6
million workers a year being misidentified as not authorized for employment.
This would result in 6 out of every 100 workers having to visit an SSA office to
correct their records or lose their job.
It would force workers and businesses to pay a high price for Basic Pilot/E-Verify's inaccuracies:
Queries submitted to Basic Pilot/E-Verify by Intel Corporation in 2008 resulted
in nearly 13 percent of all workers being initially flagged as unauthorized for
employment. All of these workers were cleared by Basic Pilot/E-Verify as
work-authorized, but only after �significant investment of time and money�
and �lost productivity.�We urge all AILA members to call their Congressman today and oppose the Sessions amendment (SB 1371). Don't let Senator Session's stealth tactics create a nationwide crisis for employers!
https://blogger.googleusercontent.com/tracker/186823568153827945-5839069238864574507?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/07/there-he-goes-again-sessions-and-e.html)
Senator Sessions cannot leave his hands off of E-Verify. Now in "stealth" mode, Senator Sessions has slyly introduced an E-Verify amendment (SB 1371) during today's full Senate vote on the DHS appropriations bill.
The Sessions amendment calls for a permanent reauthorization of the Basic Pilot/E-Verify program, and mandates its use for all federal contractors and subcontractors - including the verification of all existing employees. This amounts to a massive expansion of a program that is still not ready for prime-time.
We must call our Senators and tell them to oppose this sneak attack by Senator Sessions for the following reasons:
It would impose exorbitant costs on businesses at a time when our economy is most vulnerable:
An economic analysis commissioned by the U.S. Chamber of Commerce
concluded that the net societal costs of the program would be $10 billion a year
� a cost that would be felt disproportionately by small businesses. It would make Basic Pilot/E-Verify permanent without addressing its well documented database inaccuracies:
A 2007 independent evaluation of the program commissioned by DHS found that
the Basic Pilot/E-Verify database �is still not sufficiently up to date� to meet
the requirements for �accurate verification.�
SSA has estimated that if Basic Pilot/E-Verify were to become mandatory and
the databases were not improved, SSA database errors alone could result in 3.6
million workers a year being misidentified as not authorized for employment.
This would result in 6 out of every 100 workers having to visit an SSA office to
correct their records or lose their job.
It would force workers and businesses to pay a high price for Basic Pilot/E-Verify's inaccuracies:
Queries submitted to Basic Pilot/E-Verify by Intel Corporation in 2008 resulted
in nearly 13 percent of all workers being initially flagged as unauthorized for
employment. All of these workers were cleared by Basic Pilot/E-Verify as
work-authorized, but only after �significant investment of time and money�
and �lost productivity.�We urge all AILA members to call their Congressman today and oppose the Sessions amendment (SB 1371). Don't let Senator Session's stealth tactics create a nationwide crisis for employers!
https://blogger.googleusercontent.com/tracker/186823568153827945-5839069238864574507?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/07/there-he-goes-again-sessions-and-e.html)
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RadioactveChimp
04-09 02:42 AM
lol mine is soo bad compared to other people's hehe
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sss9i
03-23 07:40 PM
Hi,
Can you explain about your situation!!!
I got stamp in Canada.I plan to go for stamping before stat new job with new employer.
Thank you
Can you explain about your situation!!!
I got stamp in Canada.I plan to go for stamping before stat new job with new employer.
Thank you
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edaltsis
05-23 09:37 PM
She will definitely need to have an SSN to work in the US. Without which no employer will be able to pay or is even authorized to employ someone.
You can apply for SSN with the EAD.
You can apply for SSN with the EAD.
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somegchuh
07-11 06:09 PM
Hi Bose,
so it took you almost 9 months and you still don't have the H1 renewal? wow... that's unbelievable. I just received an email from my lawyer's legal assistant and they have received the H1 approval notice. So I have no idea what the hell is going on!
Ah the wonders of govt work...
so it took you almost 9 months and you still don't have the H1 renewal? wow... that's unbelievable. I just received an email from my lawyer's legal assistant and they have received the H1 approval notice. So I have no idea what the hell is going on!
Ah the wonders of govt work...
realizeit
07-23 03:40 PM
View a Hearing or Meeting (http://judiciary.senate.gov/hearings/hearing.cfm?id=4007)
Senate Judiciary Committee
Subcommittee on Immigration, Border Security and Citizenship
DATE: August 6, 2009
TIME: 10:00 AM
ROOM: Dirksen-226
OFFICIAL HEARING NOTICE / WITNESS LIST:
July 23, 2009
NOTICE OF RESCHEDULED SUBCOMMITTEE HEARING
The hearing on "Comprehensive Immigration Reform Roundtable: Employment-Based Immigration to Propel America's Economy While Protecting America's Workforce" scheduled before the Judiciary Committee, Subcommittee on Immigration, Refugees and Border Security, for Wednesday, July 29, 2009 at 2:15 p.m. will now take place on Thursday, August 6, 2009 at 10:00 a.m.
By order of the Chairman.
Senate Judiciary Committee
Subcommittee on Immigration, Border Security and Citizenship
DATE: August 6, 2009
TIME: 10:00 AM
ROOM: Dirksen-226
OFFICIAL HEARING NOTICE / WITNESS LIST:
July 23, 2009
NOTICE OF RESCHEDULED SUBCOMMITTEE HEARING
The hearing on "Comprehensive Immigration Reform Roundtable: Employment-Based Immigration to Propel America's Economy While Protecting America's Workforce" scheduled before the Judiciary Committee, Subcommittee on Immigration, Refugees and Border Security, for Wednesday, July 29, 2009 at 2:15 p.m. will now take place on Thursday, August 6, 2009 at 10:00 a.m.
By order of the Chairman.
onemorecame
03-18 10:36 AM
Today i saw Soft LUD on my approved I-140. Is anybody else got same thing?
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