Madhuri
06-15 12:26 AM
So is it that, if you already have approved 3 yr H1 extension after 6 yrs
then it will not become invalid even if you get EAD now?
You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.
then it will not become invalid even if you get EAD now?
You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.
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bala50
08-09 09:38 PM
Department of Homeland security doesn't conduct background checks for Adjustment of Status cases. These are done by FBI which is a part of Department of Justice. This news will not be of any value to us.
DHS asks and pays FBI to do the checks. They can do a lot , to improve the situation.
DHS asks and pays FBI to do the checks. They can do a lot , to improve the situation.
fran5477
02-19 09:44 AM
Sorry to read about your 485 being rejected. Mine was too, my lawyer sent the wrong fee. They tried a second and a third time and came rejected for incorrect fees. I have not tried the InfoPass because they state clearly that applications will be rejected for incorrect fees. I did a lot of crying and I am very angry at my lawyer. My PD is Jan 05. My daughter got robbed of the opportunity to work and who knows how long it will take. She will surely age-out. However, don't give up maybe things will change soon.
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uslegals
09-17 01:51 PM
Spoly - Stop crying like a baby & show up for rally and then see how ur life changes..! If u think IV does not care about immigration reform - you got another comin'..!! Wake up & smell the coffee pal.! We all are IV..!! So who is the YOU that u are referring to in ur post.!
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xbohdpukc
09-25 05:10 PM
No one has ever been denied mortgage because their green card is pending, all other things (credit record, finances etc) being equal...that would constitute housing discrimintaion...
Just a thought, especially in response to those (and there are some on this forum) who feel discriminated in this country and compare their situation to that of exploited laborers in some podunk land...
This will not amount to discrimination in any way. If you are not able to show the proof that you are legally entitled to staying in the country for the coming 3-5 years (and many people here are extending their H1 status every year) it will be very risky for a lender to extend a 15-30 year mortgage to you.
As a matter of fact in a very competitive market lenders most likely won't turn your application down, but will make you pay more in interest, which again does not qualify as any kind of discrimination.
Just a thought, especially in response to those (and there are some on this forum) who feel discriminated in this country and compare their situation to that of exploited laborers in some podunk land...
This will not amount to discrimination in any way. If you are not able to show the proof that you are legally entitled to staying in the country for the coming 3-5 years (and many people here are extending their H1 status every year) it will be very risky for a lender to extend a 15-30 year mortgage to you.
As a matter of fact in a very competitive market lenders most likely won't turn your application down, but will make you pay more in interest, which again does not qualify as any kind of discrimination.
sanju_dba
09-14 04:30 PM
Sorry I should have been more clear.
I never worked for Company B , I am still with Company A. Company B just got the LCA approved (and they claim that they have filed for the H1b transfer). The start date with Company B as per the offer letter is 1 week from now. I informed them that I cannot join them 1 week before.
I have same set of copies (offer letter) that I signed them, I couldn't find anything which says anything about $3000. All it says "At Will" in nature. All of a sudden these guys are coming with a 3 months story which I am not seeing and there is no evidence.
I am afraid if they will insert a paper or something like that with in the offer letter, don't know..these guys will do anything.
I got it.
I think it will take like 1month atleast to get LCA. After LCA approval they can apply for H1 .
At this stage they might have spend money on LCA only + for attorney fee if any.
Attorneys may charge the full fee upfront so they may have incurred full legal fee , minus H1 fees.
H1 Govt fee is payid by employer so they cannot ask that . but if they paid for attorney , then they may ask for it.
Your concern about a additional insert into the contract papers. Are the contract pages numbered? if so you are safe. if not :rolleyes:
I never worked for Company B , I am still with Company A. Company B just got the LCA approved (and they claim that they have filed for the H1b transfer). The start date with Company B as per the offer letter is 1 week from now. I informed them that I cannot join them 1 week before.
I have same set of copies (offer letter) that I signed them, I couldn't find anything which says anything about $3000. All it says "At Will" in nature. All of a sudden these guys are coming with a 3 months story which I am not seeing and there is no evidence.
I am afraid if they will insert a paper or something like that with in the offer letter, don't know..these guys will do anything.
I got it.
I think it will take like 1month atleast to get LCA. After LCA approval they can apply for H1 .
At this stage they might have spend money on LCA only + for attorney fee if any.
Attorneys may charge the full fee upfront so they may have incurred full legal fee , minus H1 fees.
H1 Govt fee is payid by employer so they cannot ask that . but if they paid for attorney , then they may ask for it.
Your concern about a additional insert into the contract papers. Are the contract pages numbered? if so you are safe. if not :rolleyes:
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fide_champ
06-25 08:41 AM
As we all know that priority dates became current in the latest visa bulletin. My lawyer made all my paper work ready and is about to file my paperwork with USCIS today. I am not sure if we can file the application a week before it actually becomes current.
I heard some people say that it's actually allowed to file 3 or 4 days before it becomes current. I also read reports that some people's application was rejected because it was sent too early. I am not sure what to believe here. Does anybody has any information on this?
I heard some people say that it's actually allowed to file 3 or 4 days before it becomes current. I also read reports that some people's application was rejected because it was sent too early. I am not sure what to believe here. Does anybody has any information on this?
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desi3933
02-21 08:29 AM
......
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
For employment based I-485, out of status is looked only since last entry into US on visa. Even then out-of-status (since last entry) for upto 180 days is forgiven as per section 245(k).
Here is my old post dated 09/09/2008 on this topic
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/21386-ead-status-when-ead-renewal-delayed.html#post286704
.....
Section 245(k) allows adjustment of status if person is out of status for less than 180 calendar days since last legal entry into the US. Entering US on AP does NOT count as legal entry.
.....
And, my last point, out of status rule applies ONLY to applicants 17 years or older. so your son is ok.
In short, aal izz well.
_______________________
Not a legal advice.
US citizen of Indian origin
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
For employment based I-485, out of status is looked only since last entry into US on visa. Even then out-of-status (since last entry) for upto 180 days is forgiven as per section 245(k).
Here is my old post dated 09/09/2008 on this topic
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/21386-ead-status-when-ead-renewal-delayed.html#post286704
.....
Section 245(k) allows adjustment of status if person is out of status for less than 180 calendar days since last legal entry into the US. Entering US on AP does NOT count as legal entry.
.....
And, my last point, out of status rule applies ONLY to applicants 17 years or older. so your son is ok.
In short, aal izz well.
_______________________
Not a legal advice.
US citizen of Indian origin
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kondur_007
10-30 12:17 PM
Thanks for your reply it was helpful.
BUt can any one tell me do we have to be on payroll for at least 6 months after you get Gc or can we on and off payroll and still be with the same employer for what ever length of time we stick to the same employer who filed GC..
Srh1: Please read my comments in the above two threads (thread links posted by bluez). I tried to summarize everything there.
As far as your above question is concerned: You will be just fine even if you are on and off the payroll (especially if the empolyer does not have the project for some time...meaning that on and off was triggerred by the employer); because it still shows YOUR intention to stay with the employer.
Feel free to ask any further questions (after going through above two threads) if you need any further info...I am not a lawyer but I will be happy to share what I know.
Good Luck.
BUt can any one tell me do we have to be on payroll for at least 6 months after you get Gc or can we on and off payroll and still be with the same employer for what ever length of time we stick to the same employer who filed GC..
Srh1: Please read my comments in the above two threads (thread links posted by bluez). I tried to summarize everything there.
As far as your above question is concerned: You will be just fine even if you are on and off the payroll (especially if the empolyer does not have the project for some time...meaning that on and off was triggerred by the employer); because it still shows YOUR intention to stay with the employer.
Feel free to ask any further questions (after going through above two threads) if you need any further info...I am not a lawyer but I will be happy to share what I know.
Good Luck.
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santb1975
02-15 11:45 AM
After a friendly bump to No.Cal
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jnagendra
08-13 01:35 PM
Total H1Bs sponsored by the dirty 4 Indian companies are 12000 multiplied by $2000, gives 12 million if you add same no of L1 visas its only 24 million not 600 million. Obama requires a calculator .
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jambapamba
07-20 07:53 AM
If we submit tax returns then do CIS check those to see what exsumptions we have taken etc??? One of my friend by mistake took hope credits coupld yrs ago and is terrified that CIS may catch this if he sends the tax returns so he has been fighting with his attorney about not sending it!! both he and his wife are earning and no dependents. Any thoughts on the situation??
I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.
What is wrong with taking Hope credits ??
I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.
What is wrong with taking Hope credits ??
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theperm
05-07 01:06 PM
How long can one stay unemployed on EAD? my pd is Nov2005 EB-2
I got laid-off on Monday I was on H1-b. The employer has notified USICS to withdraw the H1-B. But will not be revoking any GC related stuff. Was on H1-b Laid off 485 pending 180days+ have EAD :(
Your responses will be really appreciated.ASAP
I got laid-off on Monday I was on H1-b. The employer has notified USICS to withdraw the H1-B. But will not be revoking any GC related stuff. Was on H1-b Laid off 485 pending 180days+ have EAD :(
Your responses will be really appreciated.ASAP
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waitingnwaiting
01-26 12:56 PM
Seriously, who cares that Andhra bagged 7 ranks. How on earth is it relevant to the discussion going on here? Plus this isn't a forum for Indians only(and I'm Indian).
Stop posting these nonsense, amateur messages.
You are here since 2007 and never posted. Now on this thread you felt the need to post?
Why do you dislike people from Andhra?Its just a good news. Most immigrant people here are from Andhra and they like this news. I also posted in 'interesting topics'. So it is relevant.
Stop posting these nonsense, amateur messages.
You are here since 2007 and never posted. Now on this thread you felt the need to post?
Why do you dislike people from Andhra?Its just a good news. Most immigrant people here are from Andhra and they like this news. I also posted in 'interesting topics'. So it is relevant.
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eagerr2i
08-08 11:23 AM
Basically, you get 1 credit for a quarter of year, so 4 credits a year. If you have lived and worked 8 full years and 6 months for the year when you came and 6 months the year you depart from the country, you will,be fine. So bottom line is 40 quarters i.e. 10 Years i.e (1 quarter is 3 months) of gainfully employed time and having paid SS Taxes.
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peer123
04-09 04:34 PM
Hi,
My current EAD will expire in September 2008. It is applied through Company A. I want to change my employer in July to Company B. But I would think during
that time frame I would have already applied for my EAD renewal.
Can I transfer to Company B during this renewal process?
Thanks
AK
I do not beleive that EAD is company specific, it is yours like a green card, they will not ask anything whilre renewing green card.
Thanks
peer123
My current EAD will expire in September 2008. It is applied through Company A. I want to change my employer in July to Company B. But I would think during
that time frame I would have already applied for my EAD renewal.
Can I transfer to Company B during this renewal process?
Thanks
AK
I do not beleive that EAD is company specific, it is yours like a green card, they will not ask anything whilre renewing green card.
Thanks
peer123
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mrajatish
08-15 09:30 AM
The answer to your question: It depends on your situation.
If you like your job, and willing to wait another 1-2 years (I gather you are from rest of the world), just stick it out, get your GC and leave. It is not always easy to get EB2 140 approval, especially now.
If it was a difference of 3-4 years, it is worth taking the risk, but for a difference of a year, do you want to go through the trouble?
If you like your job, and willing to wait another 1-2 years (I gather you are from rest of the world), just stick it out, get your GC and leave. It is not always easy to get EB2 140 approval, especially now.
If it was a difference of 3-4 years, it is worth taking the risk, but for a difference of a year, do you want to go through the trouble?
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leoindiano
07-09 01:45 PM
Buddy,
Why you are so angry??. I know more than you about immigration and all the rules. you try to understand the English properly and the meaning. I hope you are from a very remote place in India. So for you to understand better, Here is the meanign fo my message.
GUYS, YOUR PRIORITY DATE IS 2006 and why you are asking for the premium processing when many of your friends are still waiting to file their I 140 or I 485.
Don't try to put harsh words in public forums. You will get them back as a Boomerang...... Understand?:mad:
Needless to respond...but cant stay calm....
We were trying to track what is going on? 15 days was the published deadline. Priority date of mine is Nov 2004. You can check my previous posts. You are the one who was harsh to start with. Now you are talking about english. You got the boomarang.. good luck
Why you are so angry??. I know more than you about immigration and all the rules. you try to understand the English properly and the meaning. I hope you are from a very remote place in India. So for you to understand better, Here is the meanign fo my message.
GUYS, YOUR PRIORITY DATE IS 2006 and why you are asking for the premium processing when many of your friends are still waiting to file their I 140 or I 485.
Don't try to put harsh words in public forums. You will get them back as a Boomerang...... Understand?:mad:
Needless to respond...but cant stay calm....
We were trying to track what is going on? 15 days was the published deadline. Priority date of mine is Nov 2004. You can check my previous posts. You are the one who was harsh to start with. Now you are talking about english. You got the boomarang.. good luck
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psczd4
09-27 06:21 PM
--u can find a one year program in your school and apply soon..they do have a certain time frame to accept your application for Spring semester, say mid of October(depends upon Univ.)...Financial assistant could be a factor but if you can somehow get an I-20 for that program..you should be safe
--Most important,get in touch with your advisor
--At last, apply for a toursit visa
Good Luck.
--Most important,get in touch with your advisor
--At last, apply for a toursit visa
Good Luck.
nishant2200
04-08 04:10 PM
I think they moved very cautiously because of porting. Porting seems to be much more serious than we all thought maybe. Also as well as since it's just may, they traditionally don't open floodgates until late.
blacktongue
01-26 03:30 PM
Waste of time. How many PhD's are there as compared to the others? There is already EB1/EB2-NIW for them
US needs EB1 and Ph.Ds
Others not contribute as much
US needs EB1 and Ph.Ds
Others not contribute as much
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