prakgc
02-19 01:05 PM
I believe nobody understood my comment.
let me explain...
All those waiting for FP notices like me and all of you from the July 485 filings will very soon have to renew our EAD's... maybe in september (depends when you applied)
If you look carefully all those EAD's cards will have fingerprinting set to none.
Now when you renew your EAD based on your A# you will be asked to call your local ASC and take a biometric appointment ( i am assuming).
If that happens then what i am saying is that " That will automatically fulfill the the FP your 485 also" as per new USCIS guidelines.
Let me know if i am assuming anything wrong?
In other words i am saying our FP wait for 485 should end as soon as we call the local ASC to take a FP appoitment for renewal of our EAD.
Don't you guys remeber doing something similar for getting OPT also??
I think this only applies to people who filed 485 and EAD concurrently. I applied for EAD after 2 months of 485 filing. Till date, I am still waiting to receive my FP notice for the filed 485. But I have already received EAD card quite some time ago.
How does this affect people like me, Apahilaj who are still waiting to receive their FP notice.
let me explain...
All those waiting for FP notices like me and all of you from the July 485 filings will very soon have to renew our EAD's... maybe in september (depends when you applied)
If you look carefully all those EAD's cards will have fingerprinting set to none.
Now when you renew your EAD based on your A# you will be asked to call your local ASC and take a biometric appointment ( i am assuming).
If that happens then what i am saying is that " That will automatically fulfill the the FP your 485 also" as per new USCIS guidelines.
Let me know if i am assuming anything wrong?
In other words i am saying our FP wait for 485 should end as soon as we call the local ASC to take a FP appoitment for renewal of our EAD.
Don't you guys remeber doing something similar for getting OPT also??
I think this only applies to people who filed 485 and EAD concurrently. I applied for EAD after 2 months of 485 filing. Till date, I am still waiting to receive my FP notice for the filed 485. But I have already received EAD card quite some time ago.
How does this affect people like me, Apahilaj who are still waiting to receive their FP notice.
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immique
06-18 09:07 PM
Dear friends, did anyone visit Hawaii? I am trying to find out if you need to have passport/visa to visit Hawaii. I know it is an outlying territory of US and so can you travel with valid ID/drivers license instead of carrying passport? I don't have a H1 stamped in my passport.
indianabacklog
06-19 12:37 PM
my I140 doesnt have A# either..
Question remains - What is A# that USCIS Doctor should put on form I693
If you do not have an A# as is the case with dependents then leave that box blank.
Question remains - What is A# that USCIS Doctor should put on form I693
If you do not have an A# as is the case with dependents then leave that box blank.
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WeldonSprings
07-08 06:14 PM
First of all, I am creating a new thread under IV Agenda and Legislative Updates; since I do not see this issue being discussed in other threads.
AILA is reporting that an amendment to make E-Verify permanent has been introduced by Sen. Sessions (spokeperson for NumbersUSA) has been passed by the Senate on a 'Voice Vote'.
This is bad for us because-
1. If the bill becomes law, then we would loose ALL negotiation capabilities on the Family and Employment Recapture Immigration bill introduced by respected Sen. Menendez of New Jersey.
Secondly, this amendment has not yet been introduced in the House Bill.
I do not know if this issue is being discussed in the Donor's forum, but I am trying to create an awareness for the IV Core and the I-485 Visa Gate community in general that this amendment should not be made into law.
I am quoting two references herewith-
Reference 1=>AILA - Senate Adds Two Immigration-Related Enforcement Amendments to FY10 Homeland Security Appropriations Bill (http://www.aila.org/content/default.aspx?docid=29472) (AILA)
Senate Adds Two Immigration-Related Enforcement Amendments to FY10 Homeland Security Appropriations Bill
Cite as "AILA InfoNet Doc. No. 09070869 (posted Jul. 8, 2009)"
The Senate has thus far agreed to include two immigration enforcement-related amendments to the FY10 Homeland Security Appropriations bill (HR 2892).
The first amendment (#1371) sponsored by Senator Sessions (R-AL) would permanently reauthorize the Basic Pilot/E-Verify program and mandate its use among federal contractors and subcontractors. After a Motion to Table (kill) the amendment failed 44-53, Senator Leahy (D-VT) introduced a second-degree amendment to the Sessions amendment which would permanently authorize the EB-5 regional centers program. Both amendments were agreed to by a voice vote.
The second amendment (#1399) sponsored by Senator DeMint (R-SC) would require the completion of at least 700 miles of reinforced fencing along the southwest border by December 31, 2010. The amendment passed 54-44.
Debate on the DHS appropriations measure is on-going at this time and we expect additional amendments to be introduced as the debate continues so stay tuned to InfoNet for more updates.
If regular order is followed, once the Senate passes its version of the FY10 DHS Appropriations bill, it will go to conference where leaders from both chambers will attempt to reconcile differences between the House and Senate versions of the bill.
Reference 2- Greg Siskind on Immigration Law and Policy: SESSIONS AMENDMENT PASSES (http://blogs.ilw.com/gregsiskind/2009/07/sessions-amendment-passes.html)
Senator Schumer attempted to table the amendment which would permanently reauthorize the E-Verify program and codify the contractor rule (see post below). That effort failed by a 44 to 53 margin and the amendment then passed by voice vote. The underlying bill already had a three year extension for E-Verify.
This is not the end of the story. The House version will likely have different language and then the two chambers must agree in conference on final language. So the fight goes on.
AILA is reporting that an amendment to make E-Verify permanent has been introduced by Sen. Sessions (spokeperson for NumbersUSA) has been passed by the Senate on a 'Voice Vote'.
This is bad for us because-
1. If the bill becomes law, then we would loose ALL negotiation capabilities on the Family and Employment Recapture Immigration bill introduced by respected Sen. Menendez of New Jersey.
Secondly, this amendment has not yet been introduced in the House Bill.
I do not know if this issue is being discussed in the Donor's forum, but I am trying to create an awareness for the IV Core and the I-485 Visa Gate community in general that this amendment should not be made into law.
I am quoting two references herewith-
Reference 1=>AILA - Senate Adds Two Immigration-Related Enforcement Amendments to FY10 Homeland Security Appropriations Bill (http://www.aila.org/content/default.aspx?docid=29472) (AILA)
Senate Adds Two Immigration-Related Enforcement Amendments to FY10 Homeland Security Appropriations Bill
Cite as "AILA InfoNet Doc. No. 09070869 (posted Jul. 8, 2009)"
The Senate has thus far agreed to include two immigration enforcement-related amendments to the FY10 Homeland Security Appropriations bill (HR 2892).
The first amendment (#1371) sponsored by Senator Sessions (R-AL) would permanently reauthorize the Basic Pilot/E-Verify program and mandate its use among federal contractors and subcontractors. After a Motion to Table (kill) the amendment failed 44-53, Senator Leahy (D-VT) introduced a second-degree amendment to the Sessions amendment which would permanently authorize the EB-5 regional centers program. Both amendments were agreed to by a voice vote.
The second amendment (#1399) sponsored by Senator DeMint (R-SC) would require the completion of at least 700 miles of reinforced fencing along the southwest border by December 31, 2010. The amendment passed 54-44.
Debate on the DHS appropriations measure is on-going at this time and we expect additional amendments to be introduced as the debate continues so stay tuned to InfoNet for more updates.
If regular order is followed, once the Senate passes its version of the FY10 DHS Appropriations bill, it will go to conference where leaders from both chambers will attempt to reconcile differences between the House and Senate versions of the bill.
Reference 2- Greg Siskind on Immigration Law and Policy: SESSIONS AMENDMENT PASSES (http://blogs.ilw.com/gregsiskind/2009/07/sessions-amendment-passes.html)
Senator Schumer attempted to table the amendment which would permanently reauthorize the E-Verify program and codify the contractor rule (see post below). That effort failed by a 44 to 53 margin and the amendment then passed by voice vote. The underlying bill already had a three year extension for E-Verify.
This is not the end of the story. The House version will likely have different language and then the two chambers must agree in conference on final language. So the fight goes on.
more...
mp2007
12-30 11:57 AM
Thanks everyone for your prompt responses.
anandrajesh
06-13 05:04 PM
I can't join the old employer due to family reasons. unfortunatelly due to circumstances That's just not an option for me.
If you have paid for your H1B & GC expenses and if you have proof that you paid for those from your pocket, then threaten him as if you are going to file a complaint with DOL. DOL expects Employers to pay for H1Bs and if you can prove that you actually paid for it, there is a chance they might Audit the company.
Potential Audit by DOL is a scary proposition that might make your Employer budge a little. Tell him if i am going down, i might as well take you with me. :)
Sorry for the negative message, sometimes this is how things work.
If you have paid for your H1B & GC expenses and if you have proof that you paid for those from your pocket, then threaten him as if you are going to file a complaint with DOL. DOL expects Employers to pay for H1Bs and if you can prove that you actually paid for it, there is a chance they might Audit the company.
Potential Audit by DOL is a scary proposition that might make your Employer budge a little. Tell him if i am going down, i might as well take you with me. :)
Sorry for the negative message, sometimes this is how things work.
more...
little_willy
09-09 11:26 AM
My wife renewed her license using I-797C in Austin, TX last week. She got her license renewed till 2016 and we are waiting for the physical card. The rules vary between DMV centers, the one we went first did not recognize the AOS and required an EAD card with atleast 6 months validity. The second one did not have any issues and no questions were asked after showing the I-797C. Try your luck with a different DMV.
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sw33t
02-14 07:43 PM
This is fantastic news.
Another victory for IV.
Another victory for IV.
more...
Jaime
08-19 09:14 PM
The best place for the 2nd rally would be the Sweet Auburn district of Atlanta, which is where Martin Luther King grew up and started preaching and where the Civil Rights Movement was born. All Americans know this and this would send a VERY STRONG message as to what we seek, and why we are different from illegal immigrants. We need to obtain that differentiation.
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krishnam70
05-04 07:50 PM
I just transferred my H-1B to my new employer and now in the process of filing PERM.
However, the owner of the company does not want to give a copy of the company's ITR or any Financial Statement for any reason. And he sticks to his statement very strongly.
My question is, do I have a chance of getting a green card without the company's ITR/FS being submitted?
For now, I just told my paralegal to put the PERM filiing on-hold while I ask others who may have experience in this. I'm worried that I will just waste time and money for this and get denied in the end. Should I find another willing employer?
No. of employees in our company is around 50+.
Any comment will be appreciated. Thanks.
your petition if he is not willing to provide Financial information? Your petition will be denied( I-140 level) if he does not prove he has the funds to provide for your salary. You might want to highlight this or find a new employer..
- cheers
kris
However, the owner of the company does not want to give a copy of the company's ITR or any Financial Statement for any reason. And he sticks to his statement very strongly.
My question is, do I have a chance of getting a green card without the company's ITR/FS being submitted?
For now, I just told my paralegal to put the PERM filiing on-hold while I ask others who may have experience in this. I'm worried that I will just waste time and money for this and get denied in the end. Should I find another willing employer?
No. of employees in our company is around 50+.
Any comment will be appreciated. Thanks.
your petition if he is not willing to provide Financial information? Your petition will be denied( I-140 level) if he does not prove he has the funds to provide for your salary. You might want to highlight this or find a new employer..
- cheers
kris
more...
kaisersose
06-06 03:37 PM
Thank you kaisersose for your quick reply.
I have 1 more question: I am currently working on ead and it is gonna expire on 9/11/08. should go ahead and file for an ead renewal or just wait for uscis to make a decision on my 485 application??
Thanks again
Golden Rule: Never take chances with your immigration matters and never try to go cheap either.
Based on this rule, you should apply for your EAD extension.
I have 1 more question: I am currently working on ead and it is gonna expire on 9/11/08. should go ahead and file for an ead renewal or just wait for uscis to make a decision on my 485 application??
Thanks again
Golden Rule: Never take chances with your immigration matters and never try to go cheap either.
Based on this rule, you should apply for your EAD extension.
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smartboy75
08-11 03:42 PM
Dial the service centre number ...and use the following options in the sequence below
1, 2, 6, 1, Receipt number, 1, 3, 4 and u shall be transferred to a CSR or IO...
Hope that helps
1, 2, 6, 1, Receipt number, 1, 3, 4 and u shall be transferred to a CSR or IO...
Hope that helps
more...
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askbz1
03-11 05:52 PM
askbz1 -- When did you file for recapture
-- immediately after you came back with 50 days in India?
--or you've to wait for your H1B's 6 yr to end and then only file for recapture?
is there a norm/requirement when this recapture can be filed and when a H1B extension can be filed?
aguada,
I did not wait for H1b to expire. I filed for re-capture petition soon after I came back and filed for 7th year extension as soon as I received the recaptured time.
-- immediately after you came back with 50 days in India?
--or you've to wait for your H1B's 6 yr to end and then only file for recapture?
is there a norm/requirement when this recapture can be filed and when a H1B extension can be filed?
aguada,
I did not wait for H1b to expire. I filed for re-capture petition soon after I came back and filed for 7th year extension as soon as I received the recaptured time.
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mlk
07-22 06:47 AM
r.i.p; 5 years old thread
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waitnwatch
06-12 05:45 PM
This is not quite true. You can count the research done during the Ph.D. if the research can be shown to be outstanding.
I stand corrected. Given that you actually work half time during your Ph.D I would assume that 4 years of Ph.D work as an RA would count as 2 years of experience. I did not count my 6 years as an RA when I was accounting for 3 years as my University wanted 3 years post degree before they were willing to do the OR. Anyway I would think that you would have to show that you were actually publishing, getting funds, attending conferences etc. while doing your Ph.D. Given the current tenor of USCIS it may turn out to be a hard sell. No harm in trying though except that they raised the I-140 fees from $195 to $395.
I stand corrected. Given that you actually work half time during your Ph.D I would assume that 4 years of Ph.D work as an RA would count as 2 years of experience. I did not count my 6 years as an RA when I was accounting for 3 years as my University wanted 3 years post degree before they were willing to do the OR. Anyway I would think that you would have to show that you were actually publishing, getting funds, attending conferences etc. while doing your Ph.D. Given the current tenor of USCIS it may turn out to be a hard sell. No harm in trying though except that they raised the I-140 fees from $195 to $395.
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rakeshverma72
11-17 12:01 PM
Gurus .. pls help!!!
I am planning on going to full time B-school in Fall 2009. I have fiollowing scenario
PD:- 16th June 2006 (EB2)
Labor Approved:- 26th Oct 2006.
I-140:- Filed with PP on 27th Dec 2006. Got approved 13th March 2007
I-485:- Filed on 3rd July 2007. Still in Pending
EAD:- Filed on 3rd July 2007. Got approved on 5th Oct 2007(one yr valid)
AP:- Filed on 3rd July 2007. Got approved on 17th Oct 2007(one yr valid)
H1-B Valid till May 2010.
Considering my situation.. and that I may have to resign from my current company.. so I have to give up my H1-B status too. I was wondering
1) If I could go to B-school on EAD??
2) Do I need to file AC21
3) Do you see any complication of my I-485/GC approval while I am in School and having plans to change my career all the way from IT to Finance after school..
4) Or any statergy which will help me play the same game between school and GC approval... Considering that I don't wanna give up my current I-485 application for F1
Thanks a tons for your help in advance!!
I am planning on going to full time B-school in Fall 2009. I have fiollowing scenario
PD:- 16th June 2006 (EB2)
Labor Approved:- 26th Oct 2006.
I-140:- Filed with PP on 27th Dec 2006. Got approved 13th March 2007
I-485:- Filed on 3rd July 2007. Still in Pending
EAD:- Filed on 3rd July 2007. Got approved on 5th Oct 2007(one yr valid)
AP:- Filed on 3rd July 2007. Got approved on 17th Oct 2007(one yr valid)
H1-B Valid till May 2010.
Considering my situation.. and that I may have to resign from my current company.. so I have to give up my H1-B status too. I was wondering
1) If I could go to B-school on EAD??
2) Do I need to file AC21
3) Do you see any complication of my I-485/GC approval while I am in School and having plans to change my career all the way from IT to Finance after school..
4) Or any statergy which will help me play the same game between school and GC approval... Considering that I don't wanna give up my current I-485 application for F1
Thanks a tons for your help in advance!!
more...
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rck4evr
08-07 08:12 PM
My employer says its the company's policy not to file for EAD or AP for all its employees. They are just filing the 485. I am sure that they(employer and lawyer) will not be giving me the 485 reciept or the fedex reciept
What options do I have ?
What options do I have ?
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factoryman
06-19 04:21 PM
how many foreign national are working and in what statuses. particularly H1. These details USCIS /INS /DOL is collecting for the last 3 years. Don't know if it is mandatory, but my guess it is voluntary.
So, when you submit I-9, it is good for the employer. He will state that there are fewer employees on H1, as working on EAD is working on GC. Now that the new amendment (no more that 50 % employees should be on H1) is definitely going to come in the next CIR.
Sure it does not go to the CIS/DoL records, but it surely means that you were on EAD on and as specified on the I-9. If you want to be truthful and records to be straight and consistent and avoid a mess, then that is one definite way of "utilizing" EAD.
So, when you submit I-9, it is good for the employer. He will state that there are fewer employees on H1, as working on EAD is working on GC. Now that the new amendment (no more that 50 % employees should be on H1) is definitely going to come in the next CIR.
Sure it does not go to the CIS/DoL records, but it surely means that you were on EAD on and as specified on the I-9. If you want to be truthful and records to be straight and consistent and avoid a mess, then that is one definite way of "utilizing" EAD.
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mrajatish
02-25 12:56 AM
I am in
lostinbeta
03-02 01:27 PM
Originally posted by lostinbeta
NOTE: The winner will be the first to reach 30 votes, or the one with most votes in 10 days.
:)
I have the poll set to expire in 10 days. So if no one is past 30 votes by then, it will close and the person with the most votes wins.
NOTE: The winner will be the first to reach 30 votes, or the one with most votes in 10 days.
:)
I have the poll set to expire in 10 days. So if no one is past 30 votes by then, it will close and the person with the most votes wins.
bekugc
06-02 06:44 PM
vban;
i insist u chk with a lawyer. urs case is slightly diff becos of fact taht ext is pending at the time of using AP.
here is what my lawyer had told me:
1. when u use AP, at poe ull get a fresh i-94 with number eg:1234 and it says parolee.
2. if u extend or amend H1 after using AP, then in the H1 application u give ur existing i-94 number (1234).
3. INS , after extending/amending ur petition will attach i-94 section of ur approval. that will have number 1234 and status says H1-b ( this officially overrides ur parolee status to H1b)
in ur case, since u applied extn before using AP, ur h1 extn application has ur OLD i-94 number (whatver u entered US last time). so if ur extension arrives after u use AP, im not sure if the bottom of i-797 has OLD 94# or new 194(1234)?? chk with lawyer, if INS has a system that they automatically enter ur latest I-94 based on computer records, then u cud be fine. only they or lawyer wud know. who knows, may be the i94 numbers donot matter, may be what matters is which is latest as per date and whats the status on it. :-) i hope somebody shares this answer.
as for ur second qn:
2) Should one apply for H1 Ext only after returning back to US on an AP (parolee status)?
-->if u do this, then there is no problem, if ur eligible for extention and all papers r good, then INS will extend ur H1, u will get ur new I797 with I94 and you r officially back to H-b from parolee.
i insist u chk with a lawyer. urs case is slightly diff becos of fact taht ext is pending at the time of using AP.
here is what my lawyer had told me:
1. when u use AP, at poe ull get a fresh i-94 with number eg:1234 and it says parolee.
2. if u extend or amend H1 after using AP, then in the H1 application u give ur existing i-94 number (1234).
3. INS , after extending/amending ur petition will attach i-94 section of ur approval. that will have number 1234 and status says H1-b ( this officially overrides ur parolee status to H1b)
in ur case, since u applied extn before using AP, ur h1 extn application has ur OLD i-94 number (whatver u entered US last time). so if ur extension arrives after u use AP, im not sure if the bottom of i-797 has OLD 94# or new 194(1234)?? chk with lawyer, if INS has a system that they automatically enter ur latest I-94 based on computer records, then u cud be fine. only they or lawyer wud know. who knows, may be the i94 numbers donot matter, may be what matters is which is latest as per date and whats the status on it. :-) i hope somebody shares this answer.
as for ur second qn:
2) Should one apply for H1 Ext only after returning back to US on an AP (parolee status)?
-->if u do this, then there is no problem, if ur eligible for extention and all papers r good, then INS will extend ur H1, u will get ur new I797 with I94 and you r officially back to H-b from parolee.
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