diptam
02-10 10:25 PM
Keeping H status for the Primary applicant (H1B) may sometime act as 'failover pair' ... But in these days of Highend Retrogression (specially if you are from India/China/Mexico) getting a GC would take 7-10 years - does it makes sense staying in H1 even for the Primary ??? .... I mean personally i've lived ( read 'did slavery') in US for sponsoring employees in H1 for 8 years and i wish to keep H1 as 'failover pair' but doing another 2nd term of slavery of 8 years till GC approval/denial comes - that makes no sense at all. Its a 'No-Brainer' ....
Moreover the depends - peoples who are new in this country 2-3 years and got EAD due to July Fiasco they can still continue H1 game but folks who already lived 6-7 years on H1B they can easily go to market and play... Advantage :- One advantage of EAD is that if you lose your Job there is nothing called "revoke EAD" like "revoke H1B" so you can sit Jobless and sleep over for entire 8 years if you want and able to do :) :)
I agree, you should stay on an H1b as much as you possibly can. The H1b is already approved and you can transfer an existing H1b to a new employer (don't have to get a new H1b). But if you invoke the EAD status, you will forever lose your H1b. If anything goes wrong with your pending I-485 and you are still on an H1b, you still have time to appeal and to work through the issues. But if you are on the EAD at this time, then thats it, you have no time left because your EAD is issued to you as conditional approval of your pending I-485. You need to weigh the risks and benefits in taking a job with an employer who will not sponsor you on an H1b.
Best of Luck
Moreover the depends - peoples who are new in this country 2-3 years and got EAD due to July Fiasco they can still continue H1 game but folks who already lived 6-7 years on H1B they can easily go to market and play... Advantage :- One advantage of EAD is that if you lose your Job there is nothing called "revoke EAD" like "revoke H1B" so you can sit Jobless and sleep over for entire 8 years if you want and able to do :) :)
I agree, you should stay on an H1b as much as you possibly can. The H1b is already approved and you can transfer an existing H1b to a new employer (don't have to get a new H1b). But if you invoke the EAD status, you will forever lose your H1b. If anything goes wrong with your pending I-485 and you are still on an H1b, you still have time to appeal and to work through the issues. But if you are on the EAD at this time, then thats it, you have no time left because your EAD is issued to you as conditional approval of your pending I-485. You need to weigh the risks and benefits in taking a job with an employer who will not sponsor you on an H1b.
Best of Luck
allegator
03-19 10:08 PM
Thank You very much for your suggestion but how can he know that I am working on different project. I just want to buy a months time and then he himself will remove me from his payroll as these desi employers can't pay a single days salary on bench. Also just after a week of joining I am planning to visit India on my AP for four weeks. I want to resign after coming back. I want the initiative to be taken from his side and not mine. I have ben working with him since last five year and just for holding my H1B he has been taking a huge cut from my billing rate witout doing any thing.
Thanks
Thanks,
Sudhakar
Thanks
Thanks,
Sudhakar
njboy
09-25 05:27 PM
venky is right..find out why it was rejected..im sure an rfe was requested..right? did you finish your MS by april?
however, venky, your suggestions are not very sound..did you hear that that h1 quota is over? how can his future employer file for him? he can only start working oct 08 earliest
however, venky, your suggestions are not very sound..did you hear that that h1 quota is over? how can his future employer file for him? he can only start working oct 08 earliest
dixie
01-25 04:52 PM
First of all, everyone on this forum knows that Bush was never the obstacle for skilled immigrants - his restrictionist partymen in congress are the problem. So what purpose does this story serve and how in the wide world is this "promising"? We have been hearing such "promising news" for the last year now with nothing actually happening.
TOI makes it sound as if Bush is dispatching Air Force 1 to India for a planeload of skilled desis and will issue them US passports at the port of entry.
http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms
This is very promising and can help our IV team to press on for relief provisions for Skilled workers already here.
Good luck to us all.
TOI makes it sound as if Bush is dispatching Air Force 1 to India for a planeload of skilled desis and will issue them US passports at the port of entry.
http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms
This is very promising and can help our IV team to press on for relief provisions for Skilled workers already here.
Good luck to us all.
more...
zCool
04-03 03:35 PM
See below for answers:
Hi there,
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....
Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:
- Can you work for 2 employers at the same time while making the switch?
-- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
-- It should take less than 3 days. If an attorney has previously worked with your employer and has their records on the file etc. then maybe less. A lot of h1b and LCA application documentation involves writing big statements and letters related to employer's business, their need for your speciality skills etc. First time applications for any new employer-attorney pair will take couple of days to prepare these docs.
Good part is you can apply and get receipt in couple of weeks (Earlier if you apply in Premium) and then you are allowed to work for new employer.
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
-- It it better to wait. Coz any travel outside can get you stranded if something goes wrong. but if you MUST travel then postpone change of employer till you come back. Meaning you can apply for h1 from new employer but do not join them, Continue working for your current employer. Go visit india, come back , join your current employer and then after 1 paycheck at least give notice and work for new employer. Hopefulyl by then your transfer would have come thro' there by reducing your risk of joining them before h1 approval and then RFE or denial creating issues for you.
Thanks a lot!
BTW, as queries go.. this one wasn't complicated :) Relax!
Hi there,
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....
Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:
- Can you work for 2 employers at the same time while making the switch?
-- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
-- It should take less than 3 days. If an attorney has previously worked with your employer and has their records on the file etc. then maybe less. A lot of h1b and LCA application documentation involves writing big statements and letters related to employer's business, their need for your speciality skills etc. First time applications for any new employer-attorney pair will take couple of days to prepare these docs.
Good part is you can apply and get receipt in couple of weeks (Earlier if you apply in Premium) and then you are allowed to work for new employer.
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
-- It it better to wait. Coz any travel outside can get you stranded if something goes wrong. but if you MUST travel then postpone change of employer till you come back. Meaning you can apply for h1 from new employer but do not join them, Continue working for your current employer. Go visit india, come back , join your current employer and then after 1 paycheck at least give notice and work for new employer. Hopefulyl by then your transfer would have come thro' there by reducing your risk of joining them before h1 approval and then RFE or denial creating issues for you.
Thanks a lot!
BTW, as queries go.. this one wasn't complicated :) Relax!
neodyn55
07-30 11:45 PM
If you don't know the answer, please don't reply. Just because this person asked about getting GC through his/ her baby, it does not mean the person is here illegally or if even this person is in the US. I friend of mine died in an accident in Mumbai and he is survived by his wife and two kids (the kids were born here in the US). His wife asked me the same question and after asking my lawyer, I had to tell her that there is no way she can apply for GC through her children unless her children turn 21.
Oh don't be such a sourpuss. This is an internet forum, and the last I checked, there was no forum rule stating replies had to be relevant, to the point, and incredibly boring. What are you, a Hitler wannabe? No one's holding a gun to your head and forcing you to read the replies anyway. If it's that important, then the OP should ask a lawyer instead of posting in a free internet forum.
Lighten up.
Oh don't be such a sourpuss. This is an internet forum, and the last I checked, there was no forum rule stating replies had to be relevant, to the point, and incredibly boring. What are you, a Hitler wannabe? No one's holding a gun to your head and forcing you to read the replies anyway. If it's that important, then the OP should ask a lawyer instead of posting in a free internet forum.
Lighten up.
more...
fasterthanlight�
06-06 03:50 PM
The Guidlines one and the Family Guy monkey are my favorites cause they make me laugh.
Yes!!!!!
Yes!!!!!
sapota
01-02 02:51 PM
One of my friends with a Phd in EE had to do something similar at Chennai consulate and had to wait for like a month. I guess Phd + research might trigger such paranoia among Visa officers.
more...
raysaikat
04-21 11:27 PM
Hello
My story is:
I've been on J2 for a while, it expires in May 2011. I have a EAD and currentlt I'm working for a company as a professional.I have a 5 years of Bs degree.
Questions are:
1. Can my employer apply for a Perm Cert for me if they want.
2. After getting the perm cert. can my employer file I 140 under EB3 for me?
3. Will I be eligible for premium processing for I 140 application, in 15 days?
4. Lets say all the above steps are accomplished and I got approved for I 140, all happened prior to May 2011 (this is the actual date my J visa and EAD expires).
a. Then I'll still be working with my current EAD, right?
b. Then what happens after May 2011?
c. DO I need to wait to file I 485 or can I file it right after my I 140 approved?
d. how can I legally work in the USA after my EAD from J visa expires, but if I have approved I 140.
thank you very much
What is your country of birth (not citizenship)?
My story is:
I've been on J2 for a while, it expires in May 2011. I have a EAD and currentlt I'm working for a company as a professional.I have a 5 years of Bs degree.
Questions are:
1. Can my employer apply for a Perm Cert for me if they want.
2. After getting the perm cert. can my employer file I 140 under EB3 for me?
3. Will I be eligible for premium processing for I 140 application, in 15 days?
4. Lets say all the above steps are accomplished and I got approved for I 140, all happened prior to May 2011 (this is the actual date my J visa and EAD expires).
a. Then I'll still be working with my current EAD, right?
b. Then what happens after May 2011?
c. DO I need to wait to file I 485 or can I file it right after my I 140 approved?
d. how can I legally work in the USA after my EAD from J visa expires, but if I have approved I 140.
thank you very much
What is your country of birth (not citizenship)?
cableching
10-20 11:44 AM
You can go visit India after your AP has been applied for, and you can ask your lawyer ( if you are using one ) to send the docs to you in India , so that you can come back with the new approved AP, off course you can't enter USA on an expired AP.
My lawyer has confirmed that one is only required to be present in the USA when applying and it's recommended that one is in US when it's approved, but due to the varying time USCIS is taking to process AP applications that is not a requirement and they can forward the documents to someone not in US.
You can go out of Country after applying for an AP, using an old unexpired AP, but you must return before the old AP expires??? This is what I read somewhere. You may not be able to use the New AP which is approved after you leave the country.
I read it somewhere! Just take openion of a good lawyer, before taking such an action.
My lawyer has confirmed that one is only required to be present in the USA when applying and it's recommended that one is in US when it's approved, but due to the varying time USCIS is taking to process AP applications that is not a requirement and they can forward the documents to someone not in US.
You can go out of Country after applying for an AP, using an old unexpired AP, but you must return before the old AP expires??? This is what I read somewhere. You may not be able to use the New AP which is approved after you leave the country.
I read it somewhere! Just take openion of a good lawyer, before taking such an action.
more...
ananth_ramkrishnan
10-14 10:51 AM
I went for visa stamping in aug 2008 to mumbai consulate and was wearing a t-shirt and trousers. I did not have any problems and the person reviewing was cool and asked very simple questions and did not care for my dress.
gapala
04-20 11:46 AM
Hi,
My in-laws came to US last Firday along with my kid who is a US citizen.
Their passport has a stamp that says Admitted on Apr 17 at Chicago, Class B2 and "Until" is blank. There should be a date that tells they can stay until this date.
What are my options now. Do i need to let it go or contact some one and bring it to their notice etc..
Any help is appreciated
Did you check the I-94 attached to passport? I-94 will have the date until... as that is what allows them to stay in the country.
you should find it on I-94, if it is not written along side stamp on passport.
My in-laws came to US last Firday along with my kid who is a US citizen.
Their passport has a stamp that says Admitted on Apr 17 at Chicago, Class B2 and "Until" is blank. There should be a date that tells they can stay until this date.
What are my options now. Do i need to let it go or contact some one and bring it to their notice etc..
Any help is appreciated
Did you check the I-94 attached to passport? I-94 will have the date until... as that is what allows them to stay in the country.
you should find it on I-94, if it is not written along side stamp on passport.
more...
GotGC??
06-21 09:22 AM
Any idea what constitutes a "simple, str forward" case? At 485 stage, what are the things that could potentially make it a more complicated case?
Although that the rule..I dont think USCIS actively follows it. The reason for that being the ombudsman report that states that the adjudicating officers pick low hanging fruit first (simple strforward cases) and that is reflected on where people have been getting their 485 approved within 90 days (which the ombudsman's report states is uscis's goal). right now the processing date is holding at 9 months. maybe to dissuade people from continously calling the NSC 1800 number.
Although that the rule..I dont think USCIS actively follows it. The reason for that being the ombudsman report that states that the adjudicating officers pick low hanging fruit first (simple strforward cases) and that is reflected on where people have been getting their 485 approved within 90 days (which the ombudsman's report states is uscis's goal). right now the processing date is holding at 9 months. maybe to dissuade people from continously calling the NSC 1800 number.
texcan
08-22 03:00 PM
" Rally in each state" is a fantastic idea. Lets do it.
But lets concentrate on one location in Texas and for that matter in
every state to pack more punch.
I think everyone can drive to one common location in texas.
Since Austin is capital, i propose rally in Austin for Texas.
Let do it.
But lets concentrate on one location in Texas and for that matter in
every state to pack more punch.
I think everyone can drive to one common location in texas.
Since Austin is capital, i propose rally in Austin for Texas.
Let do it.
more...
lj_rr
11-24 12:19 PM
I had the same issue with Country of Citizenship.
So when sending supporting docs, I attached a page in front (with super large font and different color paper) requesting this correction for Country of Birth. Everything went through fine and got EAD.
@sameer2730 :
So when you made the mistake "Country Of Citizenship" on your EAD eFile, how did you get that corrected? Did you send in a "Request For Correction" along with your supporting documentation to USCIS? Did they send you an RFE or did they accept your docs and approved your EAD?
Sent the request for correction with my supporting documents.
-- I have done the same mistake, so can you please tell what exactly you did. I mean did you call the helpline and is there any format in which we need to "Request for correction".
And once you sent the "Request for Correction", was it ok. Or is there any problem with the correction.
Please help me with your advice. I am completely in dilemma as to what needs to done..
Thanks in advance..
Vinay
So when sending supporting docs, I attached a page in front (with super large font and different color paper) requesting this correction for Country of Birth. Everything went through fine and got EAD.
@sameer2730 :
So when you made the mistake "Country Of Citizenship" on your EAD eFile, how did you get that corrected? Did you send in a "Request For Correction" along with your supporting documentation to USCIS? Did they send you an RFE or did they accept your docs and approved your EAD?
Sent the request for correction with my supporting documents.
-- I have done the same mistake, so can you please tell what exactly you did. I mean did you call the helpline and is there any format in which we need to "Request for correction".
And once you sent the "Request for Correction", was it ok. Or is there any problem with the correction.
Please help me with your advice. I am completely in dilemma as to what needs to done..
Thanks in advance..
Vinay
wandmaker
02-18 06:29 PM
wandmaker -
Child will be GC holder by birth, if both parents are GC holders. Child must make a trip to US before he/she turns two and trip must be with mother.
Child will, of course, need passport. But no visa.
This is one of the few exceptions when person does not need visa to travel.
Hope it helps.
_________________
Not a legal advise.
If you could post some official documentation that would help rajesh1972
Child will be GC holder by birth, if both parents are GC holders. Child must make a trip to US before he/she turns two and trip must be with mother.
Child will, of course, need passport. But no visa.
This is one of the few exceptions when person does not need visa to travel.
Hope it helps.
_________________
Not a legal advise.
If you could post some official documentation that would help rajesh1972
more...
arihant
02-15 11:15 AM
http://www.cnn.com/2006/EDUCATION/02/15/science.math.ap/index.html
Here is an article that indicates that the push for better education in Math and Science is not shared by the public.
The correlation I am making is, if they do not percieve there is a problem with existing Math and Science education as it applies to the current employment environment, why will there be any interest about the proposals in PACE?
Here is an article that indicates that the push for better education in Math and Science is not shared by the public.
The correlation I am making is, if they do not percieve there is a problem with existing Math and Science education as it applies to the current employment environment, why will there be any interest about the proposals in PACE?
sandy_anand
04-08 05:11 PM
Well glad that at least all the lawyers' websites experienced lots of traffic these past few days. Happy for them. Only visible benefit from Mr.Oppenheim's dramatic announcement about the 12000 additional visas. :rolleyes:
sanjose
07-24 07:04 PM
I am a july 2nd 2007 filer with notice date Aug 23rd 2007. In response to my SR, I received the following reply:
"...... There is not currently a visa available to you based upon your country of birth, your employment-based category and your priority date. Your I-485 application cannot be adjudicated until there is a visa available to you. Your case is therefore awaiting visa availability for your category and further review by an Adjudications Officer. ......."
Many people have said that the July 2nd filers cases have been pre-adjudicated.
However the SR response clearly says that my case will not be adjudicated untill visa # will be avalable.
Does anybody know what is meant by pre-adjudication ?
What is difference between adjudication and pre-adjudication?
Thanks in advance for your replies. Any reply will be appreciated specially from the attorneys.
"pre-"
"...... There is not currently a visa available to you based upon your country of birth, your employment-based category and your priority date. Your I-485 application cannot be adjudicated until there is a visa available to you. Your case is therefore awaiting visa availability for your category and further review by an Adjudications Officer. ......."
Many people have said that the July 2nd filers cases have been pre-adjudicated.
However the SR response clearly says that my case will not be adjudicated untill visa # will be avalable.
Does anybody know what is meant by pre-adjudication ?
What is difference between adjudication and pre-adjudication?
Thanks in advance for your replies. Any reply will be appreciated specially from the attorneys.
"pre-"
asanghi
10-15 11:51 AM
What are you saying? Health Services dismal? I thought it was better than US in many aspects. The cost is cheap for treatment (unless you have some uncommon disease. Since the system is churning up so many doctors, there is a lot of competition. Even in small villages you will find many doctors competing for patients. Maybe that is not true for everywhere, but that is what I have seen in my home state Haryana.
Also the education system may not be perfect, but kids don't have to go to private schools, because public schools have run out of capacity. There are problems like not all-around development, and not all kids doing great in studies. But that is true even in US, unless you are sending your kids to a fine private school (which by the way you can do in India, if you have money). JMHO
US has been in number 1 in the past, moved to 2nd spot for a couple of years, in the world competitiveness rankings. For the first time, the US moved to the 6th Spot in the world rankings by the world economic forum (Europe based Institution). The main reason was because of the huge current account deficit and negative savings (mainly federal deficit) which is a threat to the US competitiveness. China moved down due to corruption etc. India moved up but any further movement will depend on structural reforms, especially controlling the huge public service and red-tape and a creaking infrastructure - power, roads, ports, water supply - all of which are run by the government. The health services in large parts of India is dismal and so is the public education system (K-12). With the left firmly controlling the ruling party, deregulation is slow and insipid, and it is the private sector which is basically contributing to the GDP and Competitiveness. Here is the link to the actual rankings for 2006-2007
http://www.weforum.org/pdf/Global_Competitiveness_Reports/Reports/gcr_2006/top50.pdf
The reasons for the rankings are given here
http://www.weforum.org/en/fp/gcr_2006-07_highlights/index.htm
Also the education system may not be perfect, but kids don't have to go to private schools, because public schools have run out of capacity. There are problems like not all-around development, and not all kids doing great in studies. But that is true even in US, unless you are sending your kids to a fine private school (which by the way you can do in India, if you have money). JMHO
US has been in number 1 in the past, moved to 2nd spot for a couple of years, in the world competitiveness rankings. For the first time, the US moved to the 6th Spot in the world rankings by the world economic forum (Europe based Institution). The main reason was because of the huge current account deficit and negative savings (mainly federal deficit) which is a threat to the US competitiveness. China moved down due to corruption etc. India moved up but any further movement will depend on structural reforms, especially controlling the huge public service and red-tape and a creaking infrastructure - power, roads, ports, water supply - all of which are run by the government. The health services in large parts of India is dismal and so is the public education system (K-12). With the left firmly controlling the ruling party, deregulation is slow and insipid, and it is the private sector which is basically contributing to the GDP and Competitiveness. Here is the link to the actual rankings for 2006-2007
http://www.weforum.org/pdf/Global_Competitiveness_Reports/Reports/gcr_2006/top50.pdf
The reasons for the rankings are given here
http://www.weforum.org/en/fp/gcr_2006-07_highlights/index.htm
pappu
11-06 10:13 AM
I see that for EB2 the PD is 01 APR 2004 now. I want to know if I-485 approvals is linked to this PD date or they will work independent to these days.
Thanks,
Sury
-------------------------------
PD : Feb'07
I-140 - Pending
I-131 - Approved
I-485 - Pending
Center: TEXAS SERVICE CENTER
Recieved EAD Card and FP done.
-------------------------------
with a PD of Feb'07, be prepared for a several years of wait time. Unless any law passes.
However there is a silver lining:
You should thank IV members whose hard work enabled the I485 filing for everyone. Even people with PD of 2007, could file their AOS. You can enjoy your EAD and its benefits.
Thanks,
Sury
-------------------------------
PD : Feb'07
I-140 - Pending
I-131 - Approved
I-485 - Pending
Center: TEXAS SERVICE CENTER
Recieved EAD Card and FP done.
-------------------------------
with a PD of Feb'07, be prepared for a several years of wait time. Unless any law passes.
However there is a silver lining:
You should thank IV members whose hard work enabled the I485 filing for everyone. Even people with PD of 2007, could file their AOS. You can enjoy your EAD and its benefits.
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