krishna_brc
06-20 11:32 AM
Can someone who used Advance Parole to travel back to USA extend his H1.
Candidate has H1 valid while coming back and also worked on H1 after coming back.
Candidate has H1 valid while coming back and also worked on H1 after coming back.
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HRPRO
02-23 10:26 AM
Depends Jax
If you are still on a H or L and have a valid visa, you can enter using that as well but if you working on an EAD, all yopu will need is the parole document.
If you are still on a H or L and have a valid visa, you can enter using that as well but if you working on an EAD, all yopu will need is the parole document.
rolrblade
02-21 09:04 AM
Here is the problem with your case, in my view.
You can use AC21 after 180 days provided that (1) The underlying I-140 has been approved or (2) The underlying I-140 is otherwise APPROVABLE at the time of adjudication.
In your case when you filed for a new I-140 from Company B, it is still pending. Your argument of using I-140 from Company A, COULD make the underlying I-140 from Company B unapprovable, which will also be the case incase Company B withdraws the I-140 petition, prior to adjudication.
If this happens then the I-485 petition will be invalid because the underlying I-140 (from Company B) is not approvable. It will be a long time before you really know this, depending on when they adjudicate your I-485.
Then the only recourse left for you would be to file a NEW I-485 using the I-140 from Company A. Looking at the current PD trend, this could be years before you are even able to file.
As for what ItIsNOTFunny says, about I-485 being your personal application, and not company's, this is true but always remember that I-485 is very closely tied to the I-140 supporting documentation (Bfeore 180 days and especially if it not yet approved)
If I was you, I agree with other people are suggesting, if you want to keep your 485 application in process, you should try to wait it out till the I-140 from Company B gets approved. But again, everyone's personal situtation is different, so this is just a suggestion.
PM me if you need more help.
You can use AC21 after 180 days provided that (1) The underlying I-140 has been approved or (2) The underlying I-140 is otherwise APPROVABLE at the time of adjudication.
In your case when you filed for a new I-140 from Company B, it is still pending. Your argument of using I-140 from Company A, COULD make the underlying I-140 from Company B unapprovable, which will also be the case incase Company B withdraws the I-140 petition, prior to adjudication.
If this happens then the I-485 petition will be invalid because the underlying I-140 (from Company B) is not approvable. It will be a long time before you really know this, depending on when they adjudicate your I-485.
Then the only recourse left for you would be to file a NEW I-485 using the I-140 from Company A. Looking at the current PD trend, this could be years before you are even able to file.
As for what ItIsNOTFunny says, about I-485 being your personal application, and not company's, this is true but always remember that I-485 is very closely tied to the I-140 supporting documentation (Bfeore 180 days and especially if it not yet approved)
If I was you, I agree with other people are suggesting, if you want to keep your 485 application in process, you should try to wait it out till the I-140 from Company B gets approved. But again, everyone's personal situtation is different, so this is just a suggestion.
PM me if you need more help.
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raysaikat
07-13 11:05 PM
Hi Everyone,
Is it really necessary to inform USCIS of change of address.
Do mails,notifications or cards from USCIS get forwarded to the new ADDRESS like all other mails.
Will appreciate your views.
It is the law that you file AR-11 within (I think) 10 days after moving to a new address. If you do not do say, technically they can deport you. So send the AR-11 form with proof of sending. You can also submit AR-11 form online.
You should also change the address on the USCIS site. This operation is different from AR-11 submission.
Is it really necessary to inform USCIS of change of address.
Do mails,notifications or cards from USCIS get forwarded to the new ADDRESS like all other mails.
Will appreciate your views.
It is the law that you file AR-11 within (I think) 10 days after moving to a new address. If you do not do say, technically they can deport you. So send the AR-11 form with proof of sending. You can also submit AR-11 form online.
You should also change the address on the USCIS site. This operation is different from AR-11 submission.
more...
Sandeep
01-23 01:53 PM
To present our case, we need facts. Like for example
-Drop in admissions/applications/exams for US universities
http://www.universityofcalifornia.edu/senate/news/source/intnl.grads.pdf cites "constraints on visas and immigration" are among the reasons for the decline
http://www.usatoday.com/printedition/news/20060106/a_students06.art.htm says "Rising U.S. tuitions, increased tension between much of the world and the United States and post-9/11-related immigration issues have all fed a decline in foreign student enrollment. So, too, has heightened competition from the rest of the developed world"
http://www.aascu.org/policy_matters/pdf/v2n11.pdf also supports that on page 3
-Number of people on H1-B buying homes
http://www.census.gov/prod/3/98pubs/cenbr974.pdf
-Evidence showing H1-Bs earn similar salaries/hourly rates, as rest of the industry
http://judiciary.senate.gov/testimony.cfm?id=913&wit_id=475
It is hard to determine the impact of H-1B workers on comparable U.S. workers. The only comprehensive effort to date, conducted in 2000 by the National Research Council of the National Academy of Sciences, concluded that the magnitude of any effect the H-1B program has on wages is difficult to estimate with confidence. The report noted that the effect, if any, may not be to depress wages and employment opportunities for U.S. workers but rather to keep wages from rising as rapidly as they would if the program did not exist. Another study in 2001 similarly concluded that if the H-1B program has any effect on comparable U.S. workers, the effect must be subtle because it does not appear immediately in the data.
-Age Pattern of the Science and Engineering Labor Force
http://www.nsf.gov/statistics/seind04/c3/c3s3.htm#c3s3l1a Absent changes in degree production, retirement patterns, or immigration, the number of S&E-trained workers in the labor force will continue to grow for some time, but the growth rate may slow significantly as a dramatically greater proportion of the S&E labor force reaches traditional retirement age. As the growth rate slows, the average age of the S&E labor force will increase.
And later "Taken together, these factors suggest a slower-growing and older S&E labor force. Both trends would be accentuated if either new degree production were to drop or immigration to slow, both concerns raised by a recent report of the Committee on Education and Human Resources Task Force on National Workforce "
I am also trying to gather information about the points given below
- Number of H1-Bs becoming US citizens (when given a chance)
_________
- A $$ amount of value addition of H1-Bs to the US economy
_________
- Number of children that are US citizens from H1-B families.
_________
Any help in pointing to any articles etc that you may have come across is good. Please keep in mind that these studies should have stats in them and should be recent material
Thanks
Sandeep
-Drop in admissions/applications/exams for US universities
http://www.universityofcalifornia.edu/senate/news/source/intnl.grads.pdf cites "constraints on visas and immigration" are among the reasons for the decline
http://www.usatoday.com/printedition/news/20060106/a_students06.art.htm says "Rising U.S. tuitions, increased tension between much of the world and the United States and post-9/11-related immigration issues have all fed a decline in foreign student enrollment. So, too, has heightened competition from the rest of the developed world"
http://www.aascu.org/policy_matters/pdf/v2n11.pdf also supports that on page 3
-Number of people on H1-B buying homes
http://www.census.gov/prod/3/98pubs/cenbr974.pdf
-Evidence showing H1-Bs earn similar salaries/hourly rates, as rest of the industry
http://judiciary.senate.gov/testimony.cfm?id=913&wit_id=475
It is hard to determine the impact of H-1B workers on comparable U.S. workers. The only comprehensive effort to date, conducted in 2000 by the National Research Council of the National Academy of Sciences, concluded that the magnitude of any effect the H-1B program has on wages is difficult to estimate with confidence. The report noted that the effect, if any, may not be to depress wages and employment opportunities for U.S. workers but rather to keep wages from rising as rapidly as they would if the program did not exist. Another study in 2001 similarly concluded that if the H-1B program has any effect on comparable U.S. workers, the effect must be subtle because it does not appear immediately in the data.
-Age Pattern of the Science and Engineering Labor Force
http://www.nsf.gov/statistics/seind04/c3/c3s3.htm#c3s3l1a Absent changes in degree production, retirement patterns, or immigration, the number of S&E-trained workers in the labor force will continue to grow for some time, but the growth rate may slow significantly as a dramatically greater proportion of the S&E labor force reaches traditional retirement age. As the growth rate slows, the average age of the S&E labor force will increase.
And later "Taken together, these factors suggest a slower-growing and older S&E labor force. Both trends would be accentuated if either new degree production were to drop or immigration to slow, both concerns raised by a recent report of the Committee on Education and Human Resources Task Force on National Workforce "
I am also trying to gather information about the points given below
- Number of H1-Bs becoming US citizens (when given a chance)
_________
- A $$ amount of value addition of H1-Bs to the US economy
_________
- Number of children that are US citizens from H1-B families.
_________
Any help in pointing to any articles etc that you may have come across is good. Please keep in mind that these studies should have stats in them and should be recent material
Thanks
Sandeep
HV000
10-10 07:08 PM
What if USCIS didnt have this nonsense LUD field in their online status, won't you have lived in peace?
TRUE! My LUD is also not updated after FP so do not know when they update the LUD. One thing you could do is to contact FBI verifying the status.
Also, FP is valid only for 15 months so there is a good chance for a 2nd FP based on current backlog.
TRUE! My LUD is also not updated after FP so do not know when they update the LUD. One thing you could do is to contact FBI verifying the status.
Also, FP is valid only for 15 months so there is a good chance for a 2nd FP based on current backlog.
more...
eb3_nepa
12-18 12:37 PM
In the long run EB2 will be better than EB3
Or WILL it? :rolleyes:
Or WILL it? :rolleyes:
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pcs
07-19 02:48 PM
Translate it. Sign a letter of your compretence of English ? Hindi language & get it notarized. It is that easy. Do not waste a signle penny on translation. I have been doing it for ages.
I can give you the format on email.
Please contribute to IV instead
I can give you the format on email.
Please contribute to IV instead
more...
saisiv
07-23 03:54 PM
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
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jthomas
03-27 12:00 PM
Thats not the case. USCIS will revoke employment based AOS since mariage based AOS has higher priority. So the process would be, they would call for a normal interview and then hand you a paper that
" since you have a second petition (employment based) so they have to combine both of them and then they would issue a green card."
Its just because you were in this country legally for a long time they will go through all the required paper work. IT MEANS DELAY in processing or may be RFE to get more details.
Hi there-
I think you have already paid fees for EB 485? So revoking it wont get those fees back to you. I would suggest, you get married first, then file I-130. If by that time your EB 485 is not approved, you can still file FB 485, whichever comes first take it. You can file both in parallel. Its only a question of few thousand dollars. Attorney Rajiv Khanna has extensive documentation in this regard. You can see his website immigration.com
" since you have a second petition (employment based) so they have to combine both of them and then they would issue a green card."
Its just because you were in this country legally for a long time they will go through all the required paper work. IT MEANS DELAY in processing or may be RFE to get more details.
Hi there-
I think you have already paid fees for EB 485? So revoking it wont get those fees back to you. I would suggest, you get married first, then file I-130. If by that time your EB 485 is not approved, you can still file FB 485, whichever comes first take it. You can file both in parallel. Its only a question of few thousand dollars. Attorney Rajiv Khanna has extensive documentation in this regard. You can see his website immigration.com
more...
gimme Green!!
07-24 12:17 PM
Attach the screen shot of labor approval and indicate that you are waiting to receive the actual approval.
Can I file concurrently I-140 and I-485 if the labor is approved but haven't received the hard copy? What do I need to attach to these applications to substitute for the hard copy?
Can I file concurrently I-140 and I-485 if the labor is approved but haven't received the hard copy? What do I need to attach to these applications to substitute for the hard copy?
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mantagon
07-22 04:30 PM
Even if you use AP to re-enter, instead of a H1 visa, you may still be able to maintain your H1 status, provided you continue working for the same employer.
Hope this helps!
is this is right?
-> H1 (797 approval notice) is valid
-> you enter USA on AP, you will get AOS status.
-> H1 is still valid but unusable as the status is AOS.
-> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
-> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).
PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.
Hope this helps!
is this is right?
-> H1 (797 approval notice) is valid
-> you enter USA on AP, you will get AOS status.
-> H1 is still valid but unusable as the status is AOS.
-> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
-> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).
PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.
more...
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RNGC
02-06 09:10 AM
I just wanted to bump this and get people's opinion on what paper work and other things we should be aware of by not changing the employers who sponsered our green card, but have applied for 485, have I-140 approved (180 days passed since I-140 approval and I-485 receipt dates) and received EAD/AP.
I guess lot of people are in this category. So far, the only advise I have seen is: Extend H1 instead of using EAD.
I guess lot of people are in this category. So far, the only advise I have seen is: Extend H1 instead of using EAD.
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conchshell
07-28 01:44 PM
So fine with me if this has already been discussed, Can we promote this and track it. Would it be too much to add a second thread that talks about contributions to IV when i look at 5 threads at the top of the list that all track LUD's :)
k3gc ... there is nothing wrong with opening this new thread. The idea was discussed last time, but there was no tracking. So its the tracking thingy which is new in your proposal. I personally think that discussing this idea is much better than discussing about lord Ganesha's picture on a beer bottle.
k3gc ... there is nothing wrong with opening this new thread. The idea was discussed last time, but there was no tracking. So its the tracking thingy which is new in your proposal. I personally think that discussing this idea is much better than discussing about lord Ganesha's picture on a beer bottle.
more...
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starving_dog
10-17 06:31 AM
It took me 6 days to get my approval and about another week to get the card in the mail. This happened in September of this year and I was registered in the Texas Service Center.
That is assuming that you have gone through your biometrics appointment.
That is assuming that you have gone through your biometrics appointment.
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varakur
08-10 07:24 PM
Hello everybody,
I just got my Labor done few days back. I am in India now, but looks like I have to file I140/485 before Aug 17th. For this, MUST I fly back immediately, or can I file from India (by couriering the required documents).
How will this work for my wife (who is on H4 now)?
If I only travel back to US, can I file for my wife too. Or I file it for myself, and file for my wife after Aug17th when she is back.
Or MUST my wife also be present in US to file the I140/485?
Pls advice.
thanks,
-Prasad
I just got my Labor done few days back. I am in India now, but looks like I have to file I140/485 before Aug 17th. For this, MUST I fly back immediately, or can I file from India (by couriering the required documents).
How will this work for my wife (who is on H4 now)?
If I only travel back to US, can I file for my wife too. Or I file it for myself, and file for my wife after Aug17th when she is back.
Or MUST my wife also be present in US to file the I140/485?
Pls advice.
thanks,
-Prasad
more...
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quizzer
09-28 12:33 AM
EB2 or EB3?
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permfiling
08-03 12:44 PM
Did you get your EAD / AP ?
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lostinbeta
11-16 09:26 PM
This is all in fun anyway :)
gc_maine2
04-27 12:55 PM
I also has same question but
my H1 is ending this Dec, and already got ext for 7 th year
Anyone can shed some light on this.
Thanks
my H1 is ending this Dec, and already got ext for 7 th year
Anyone can shed some light on this.
Thanks
uma001
03-15 09:01 AM
L1 has been in use for past 12 years...and the L1 holders have been working at client sites.
TCS never does grean cards, WIPRO rarely does, that too in 5th year of H1. InFOSYS rarely does. CTS is the one who does many H1s, L1s and green cards, green cards in EB1.
When consulting companies are misusing H1s, why cant companies like TCS,WIPRO,CTS,HCL misuse L1s...Nobody is honest in US. Nobody is working honestly in US. Less than 1% in US are honest. And those people will be working as developer forever.
TCS never does grean cards, WIPRO rarely does, that too in 5th year of H1. InFOSYS rarely does. CTS is the one who does many H1s, L1s and green cards, green cards in EB1.
When consulting companies are misusing H1s, why cant companies like TCS,WIPRO,CTS,HCL misuse L1s...Nobody is honest in US. Nobody is working honestly in US. Less than 1% in US are honest. And those people will be working as developer forever.
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