HRPRO
05-04 01:26 PM
Hello experts,
My situation:
1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
Now using ead for working with the present (second) employer as a permanent employee.
3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
In 2011, I used it,since my H1 was also expired.
4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
PD July 2006
Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
Using travel visa won't be helpful for longer stay.
My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.
Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
Since I am working as a permanent employee, it will be easy to renew/maintain H1.
Is it possible to convert ead to H1? What could be the consequences?
Please advice.:confused:
Thanks
You can switch back to a H-1 and have an EAD in parallel. In fact it is a safer bet and gives you the flexibility to travel easily. I would not recommend you use the EAD unless you have to and stay on H as long as possible. But irrespective of whether you use your EAD or not, do not let it expire and dont forget to renew it. Just keep your options open.
HRP
My situation:
1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
Now using ead for working with the present (second) employer as a permanent employee.
3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
In 2011, I used it,since my H1 was also expired.
4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
PD July 2006
Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
Using travel visa won't be helpful for longer stay.
My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.
Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
Since I am working as a permanent employee, it will be easy to renew/maintain H1.
Is it possible to convert ead to H1? What could be the consequences?
Please advice.:confused:
Thanks
You can switch back to a H-1 and have an EAD in parallel. In fact it is a safer bet and gives you the flexibility to travel easily. I would not recommend you use the EAD unless you have to and stay on H as long as possible. But irrespective of whether you use your EAD or not, do not let it expire and dont forget to renew it. Just keep your options open.
HRP
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add78
02-18 04:07 PM
Should it not be OK to work for an Indian company (work from home - remote office)
as long as person on H4 is NOT displacing an American Worker by any means? I am curious to know.
Thanks,
Krishna
No. When you are residing in USA in H4 status, you simply CANNOT work and get paid, regardless of who the employer is (even if outside of USA) or where your "earned income" is being deposited (even if outside of USA) or in which currency your "earned income" is (even if non US dollar) or how you are working that is providing you with "earned income" (even remote office or home office that does not displace american worker)
In short - No.
as long as person on H4 is NOT displacing an American Worker by any means? I am curious to know.
Thanks,
Krishna
No. When you are residing in USA in H4 status, you simply CANNOT work and get paid, regardless of who the employer is (even if outside of USA) or where your "earned income" is being deposited (even if outside of USA) or in which currency your "earned income" is (even if non US dollar) or how you are working that is providing you with "earned income" (even remote office or home office that does not displace american worker)
In short - No.
sravani
05-11 06:00 PM
here is another questions I need to ask, if anyone can plz get them answered it will be great.
1. There was I-94 attached which was also lost. Recently, we transferred H-4 to iGate, so Uscis sent i-94 with approval notice, would that work or we need to get apply form 102 for replacement? Also, is there a way to notify uscis that i-94 is lost and will reapply once we get to ?
It's important to keep the arrival i-94 document. You can use the following document to get the I-94 from Department of Homeland Security.
http://www.uscis.gov/files/form/i-102.pdf
1. There was I-94 attached which was also lost. Recently, we transferred H-4 to iGate, so Uscis sent i-94 with approval notice, would that work or we need to get apply form 102 for replacement? Also, is there a way to notify uscis that i-94 is lost and will reapply once we get to ?
It's important to keep the arrival i-94 document. You can use the following document to get the I-94 from Department of Homeland Security.
http://www.uscis.gov/files/form/i-102.pdf
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sathweb
01-13 08:02 PM
Hi,
I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.
The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
I was expecting USCIS to approve both applications with 11/2004 instead.
Thanks!!
Look at this document:
http://www.greencardapply.com/news/news05/news05_0308.htm
In the following pdf, read section (e). It is not very clear what they mean by "A priority date is not transferable to another alien".
http://www.state.gov/documents/organization/87866.pdf
I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.
The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
I was expecting USCIS to approve both applications with 11/2004 instead.
Thanks!!
Look at this document:
http://www.greencardapply.com/news/news05/news05_0308.htm
In the following pdf, read section (e). It is not very clear what they mean by "A priority date is not transferable to another alien".
http://www.state.gov/documents/organization/87866.pdf
more...
Pagal
01-28 09:35 AM
Hello,
Congratulations! Hope you continue to support IV in the future as well ... through time and/or money... :)
Congratulations! Hope you continue to support IV in the future as well ... through time and/or money... :)
seeker_gc
06-18 12:31 PM
Thanks all of you. I'll keep you posted once my medical is done.
more...
neelu
01-02 11:43 PM
Hi Everyone viewing this thread,
Please help the Add ONE Member campaign. Introduce just ONE member to IV, by Jan 31st.
That will go a long way in helping all of us (be it CIR or SKIL or whatever vehicle our provisions ride on). Otherwise we will only be seeing movement like this (a week or so every month).
Please participate and help others participate in the 'Add ONE Member' campaign.
Thank you.
Neelu
Please help the Add ONE Member campaign. Introduce just ONE member to IV, by Jan 31st.
That will go a long way in helping all of us (be it CIR or SKIL or whatever vehicle our provisions ride on). Otherwise we will only be seeing movement like this (a week or so every month).
Please participate and help others participate in the 'Add ONE Member' campaign.
Thank you.
Neelu
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srini1976
03-22 08:56 PM
This is from murthy.com
TRAGIC ACCIDENT - We regret to inform you that four students from Andhra Pradesh, India died and one is critically injured in a fatal car accident which took place in Missouri. Our condolences go out to the families of those who did not survive.
TANA, along with the local Telugu Association of St. Louis, is raising funds to care of things related to this accident and to help the families back home. Please visit and donate online at www.tana.org/donate. Select donation choice - Team Square.
TRAGIC ACCIDENT - We regret to inform you that four students from Andhra Pradesh, India died and one is critically injured in a fatal car accident which took place in Missouri. Our condolences go out to the families of those who did not survive.
TANA, along with the local Telugu Association of St. Louis, is raising funds to care of things related to this accident and to help the families back home. Please visit and donate online at www.tana.org/donate. Select donation choice - Team Square.
more...
amalshe
09-01 03:34 PM
Hi everyone,
I just thought of sharing this update on my case for the benefit all those whose apps were received by J Barrett at NSC.
My checks got cashed last night. The details are below:
Received by J Barrett at 10:25 AM at NSC
Case was transferred to CSC and back of our checks show receipt #s as WACXXX
I had an LUD on my approved I-140 on 7/28/07
My I-140 was approved from TSC in May 2006
My PD is Jan 2006; EB2-India
Hope this helps.
Good Luck to you all.
I just thought of sharing this update on my case for the benefit all those whose apps were received by J Barrett at NSC.
My checks got cashed last night. The details are below:
Received by J Barrett at 10:25 AM at NSC
Case was transferred to CSC and back of our checks show receipt #s as WACXXX
I had an LUD on my approved I-140 on 7/28/07
My I-140 was approved from TSC in May 2006
My PD is Jan 2006; EB2-India
Hope this helps.
Good Luck to you all.
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sidd
04-22 11:00 PM
My regular extension was approved in 1 week. I don't see any problem with genuine extensions.
more...
pappu
02-02 02:54 PM
House Immigration Subcommittee Holds Hearing on Naturalization
On January 17, the House Immigration Subcommittee held its first oversight hearing of the year, and the subject was the naturalization processing backlogs. Due to a confluence of factors, including a very significant fee increase that went into effect on July 30, 2007, U.S. Citizenship and Immigration Services (USCIS) received approximately double the number of naturalization applications in its Fiscal Year 2007 than it had during the previous year. USCIS is saying that, as of now, anyone who applied for naturalization after June 1, 2007, can expect to wait 16 to 18 months to have their application processed.
Remarks by Subcommittee Members
In her opening comment, Representative Zoe Lofgren (D-CA), Chair of the Subcommittee, noted that one year ago, the Subcommittee had a hearing on the proposed fee increase, and was told by USCIS that it need the fee increase to increase efficiency. At the time, the processing time for citizenship applications was six months.
Representative Steve King (R-IA), the ranking Republican on the Subcommittee, played the role of immigration historian. In his opening statement (and in his questioning), he focused almost exclusively on the INS� Citizenship USA program of ten years ago�back in the day before computers were standard issue in the immigration agency. In that effort to deal with a naturalization backlog, some applicants were granted citizenship before criminal background checks were completed, and some who received citizenship were found later not to be eligible. (Since then, however, much more stringent processes have been put in place to screen applications for naturalization. And the agency now does have computers.)
USCIS Director Emilio Gonzalez
Emilio Gonzalez, Director of USCIS, gave some background on the development of the backlog and summarized what USCIS was doing about it. During June, July, and August of last year, USCIS received three million immigration benefit applications of all kinds. Their first priority was issuing receipts for those applications. Next, they processed and sent work authorizations, which they are required to do within 90 days.
In the meantime, a large number of naturalization applications piled up. To deal with the extra workload, USCIS is hiring 1,500 new employees (in addition to the extra staff they planned to hire after the new fees went into effect). The agency is also re-hiring former (retired) employees. While waiting for the additional staff to be trained and deployed, the agency will be asking current staff to work overtime, using budgeted overtime early in the Fiscal Year.
Other steps are also being taken. Still, Mr. Gonzalez noted (in his written testimony) that it will take until the third quarter of Fiscal Year 2010 before the agency is back to a six-month processing time.
During the question and answer session, there was a fair amount of discussion about a portion of the backlog that preceded the surge in applications and was caused by a delay in the background checks conducted by the FBI. Some individuals have been in limbo for well over a year waiting for clearance from the FBI, and Mr. Gonzalez noted that last year more than 5,000 lawsuits were filed against the agency�80% on the FBI name check delays. The FBI, he said, has a paper-based system that is only beginning to be addressed. For now, it takes people to handle the files. The FBI has brought on some additional contract personnel and full-time employees to work on this problem.
Rep. Lofgren said that she would ask the FBI to come before the Subcommittee to explain its perspective on the name check delays. [Subsequently, we were told that the full Judiciary Committee will have a hearing with the FBI on a range of issues, including the name check issue.]
Non-Government Witnesses
Also testifying at the hearing were Arturo Vargas, Director of the National Association of Latino Elected and Appointed Officials and Fred Tsao, Policy Director for the Illinois Coalition for Immigrant and Refugee Rights. Mr. Vargas said that his organization kept USCIS apprised of its efforts to get immigrants to become citizens and the agency should have taken that information, plus experience with past fee increases, into account to take steps to be better prepared for the surge in applications. NALEO is recommending that the agency focus sufficiently on reducing the backlog so that all immigrants who applied for naturalization in Fiscal Year 2007 (which ended September 30, 2007) are sworn in as citizens by July 4, 2008. Otherwise, many immigrants who applied for citizenship last summer will not be able to vote in the elections this November.
Mr. Tsao echoed the point about USCIS having ample information that a surge in applications was coming. He recommended that USCIS (and the FBI) report regularly to the Subcommittee regarding progress being made on reducing the backlog.
In concluding the hearing, Rep. Lofgren suggested that she might also conduct a hearing on the agency�s information technology.
Additional Information
In a subsequent meeting with community-based organizations, Michael Aytes, Associate Director for Domestic Operations of USCIS, gave some additional specifics on the status of the naturalization backlogs. He noted that the total number of new employees being hired will be approximately 3,000�between the additional staff they are hiring to deal with the backlog and the extra staff being paid for by the fee increases. Regarding the FBI name check issue, he noted that, during the House hearing, every member of the Subcommittee�Republican and Democrat�inquired about the name check issue, and that this issue is now being dealt with at high levels both in the Justice Department (in which the FBI is located) and in DHS. He indicated that decisions have been made on the hiring of many of the new adjudicators that are being brought on board, but training and placement are still weeks away, at least.
He also said that the agency is starting Saturday and evening interviews, and applicants should be encouraged to make every effort to show up for their interviews.
On January 17, the House Immigration Subcommittee held its first oversight hearing of the year, and the subject was the naturalization processing backlogs. Due to a confluence of factors, including a very significant fee increase that went into effect on July 30, 2007, U.S. Citizenship and Immigration Services (USCIS) received approximately double the number of naturalization applications in its Fiscal Year 2007 than it had during the previous year. USCIS is saying that, as of now, anyone who applied for naturalization after June 1, 2007, can expect to wait 16 to 18 months to have their application processed.
Remarks by Subcommittee Members
In her opening comment, Representative Zoe Lofgren (D-CA), Chair of the Subcommittee, noted that one year ago, the Subcommittee had a hearing on the proposed fee increase, and was told by USCIS that it need the fee increase to increase efficiency. At the time, the processing time for citizenship applications was six months.
Representative Steve King (R-IA), the ranking Republican on the Subcommittee, played the role of immigration historian. In his opening statement (and in his questioning), he focused almost exclusively on the INS� Citizenship USA program of ten years ago�back in the day before computers were standard issue in the immigration agency. In that effort to deal with a naturalization backlog, some applicants were granted citizenship before criminal background checks were completed, and some who received citizenship were found later not to be eligible. (Since then, however, much more stringent processes have been put in place to screen applications for naturalization. And the agency now does have computers.)
USCIS Director Emilio Gonzalez
Emilio Gonzalez, Director of USCIS, gave some background on the development of the backlog and summarized what USCIS was doing about it. During June, July, and August of last year, USCIS received three million immigration benefit applications of all kinds. Their first priority was issuing receipts for those applications. Next, they processed and sent work authorizations, which they are required to do within 90 days.
In the meantime, a large number of naturalization applications piled up. To deal with the extra workload, USCIS is hiring 1,500 new employees (in addition to the extra staff they planned to hire after the new fees went into effect). The agency is also re-hiring former (retired) employees. While waiting for the additional staff to be trained and deployed, the agency will be asking current staff to work overtime, using budgeted overtime early in the Fiscal Year.
Other steps are also being taken. Still, Mr. Gonzalez noted (in his written testimony) that it will take until the third quarter of Fiscal Year 2010 before the agency is back to a six-month processing time.
During the question and answer session, there was a fair amount of discussion about a portion of the backlog that preceded the surge in applications and was caused by a delay in the background checks conducted by the FBI. Some individuals have been in limbo for well over a year waiting for clearance from the FBI, and Mr. Gonzalez noted that last year more than 5,000 lawsuits were filed against the agency�80% on the FBI name check delays. The FBI, he said, has a paper-based system that is only beginning to be addressed. For now, it takes people to handle the files. The FBI has brought on some additional contract personnel and full-time employees to work on this problem.
Rep. Lofgren said that she would ask the FBI to come before the Subcommittee to explain its perspective on the name check delays. [Subsequently, we were told that the full Judiciary Committee will have a hearing with the FBI on a range of issues, including the name check issue.]
Non-Government Witnesses
Also testifying at the hearing were Arturo Vargas, Director of the National Association of Latino Elected and Appointed Officials and Fred Tsao, Policy Director for the Illinois Coalition for Immigrant and Refugee Rights. Mr. Vargas said that his organization kept USCIS apprised of its efforts to get immigrants to become citizens and the agency should have taken that information, plus experience with past fee increases, into account to take steps to be better prepared for the surge in applications. NALEO is recommending that the agency focus sufficiently on reducing the backlog so that all immigrants who applied for naturalization in Fiscal Year 2007 (which ended September 30, 2007) are sworn in as citizens by July 4, 2008. Otherwise, many immigrants who applied for citizenship last summer will not be able to vote in the elections this November.
Mr. Tsao echoed the point about USCIS having ample information that a surge in applications was coming. He recommended that USCIS (and the FBI) report regularly to the Subcommittee regarding progress being made on reducing the backlog.
In concluding the hearing, Rep. Lofgren suggested that she might also conduct a hearing on the agency�s information technology.
Additional Information
In a subsequent meeting with community-based organizations, Michael Aytes, Associate Director for Domestic Operations of USCIS, gave some additional specifics on the status of the naturalization backlogs. He noted that the total number of new employees being hired will be approximately 3,000�between the additional staff they are hiring to deal with the backlog and the extra staff being paid for by the fee increases. Regarding the FBI name check issue, he noted that, during the House hearing, every member of the Subcommittee�Republican and Democrat�inquired about the name check issue, and that this issue is now being dealt with at high levels both in the Justice Department (in which the FBI is located) and in DHS. He indicated that decisions have been made on the hiring of many of the new adjudicators that are being brought on board, but training and placement are still weeks away, at least.
He also said that the agency is starting Saturday and evening interviews, and applicants should be encouraged to make every effort to show up for their interviews.
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DSLStart
01-28 01:02 PM
Not to disappoint you but in this case appeal does not have a good chance. Look at the link here (http://www.eichorn-law.com/CM/IntheNews/6.1.10%20Xpedite%20Technologies%20-%20BALCA%20affirms%20denial%20for%20travel%20requi rement%20in%20advertisements%20but%20not%20in%2090 89.pdf)...
Hi,..
My perm was applied in Apr audited and finally heard that my perm denied in July 2010.
Reason - travel language in the notice of filing but not on form 9089.
Attorney will be filing for an appeal. Do you think its a good option ? Also how long would it take to receive an answer?
As luck would have it , my H1-b 6 yrs expires in Nov -2010. However my company did apply for an extension to Oct 2011 based on my Perm. Now that my perm has been denied is that extension still valid?
thanks,..
Hi,..
My perm was applied in Apr audited and finally heard that my perm denied in July 2010.
Reason - travel language in the notice of filing but not on form 9089.
Attorney will be filing for an appeal. Do you think its a good option ? Also how long would it take to receive an answer?
As luck would have it , my H1-b 6 yrs expires in Nov -2010. However my company did apply for an extension to Oct 2011 based on my Perm. Now that my perm has been denied is that extension still valid?
thanks,..
more...
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smarth
06-02 11:34 AM
Hi,
I received today RFE on my I-485 from NSC, still my attorney didn't receive the notice.
Please tell what kind of RFE generally they give.
Thanks
I received today RFE on my I-485 from NSC, still my attorney didn't receive the notice.
Please tell what kind of RFE generally they give.
Thanks
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anil
08-18 08:37 PM
I moved to another zip code within same state. LUD changed on June 26, and did not get any RFE. I think it is safe.
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Sachin_Stock
09-21 01:58 PM
New 485 is not recommended as you have to undergo all the hassles of fingerprinting, medical, background blah blah blah....Specially if your Eb-2 date is current and your case already being pre-adjudicated, interfiling is very much a common sense.
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goel_ar
12-20 01:45 PM
I am all up for it & won't mind doing it all...
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nrk
04-09 05:53 PM
congrats
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HV000
03-09 01:26 PM
Can somebody recommend/suggest good immigration attorneys in Chicago for filing G-28 and AC-21?
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munnu77
02-04 05:08 PM
My frinds 140 got approved today..
receipt date August 21 2008
Approval date januray29 2009
EB3 Texas service centre
american company- Non IT
receipt date August 21 2008
Approval date januray29 2009
EB3 Texas service centre
american company- Non IT
snathan
05-04 06:21 PM
According to your post, according to the agreement between you and company A, you need to pay $2 per hour until the project ends. Why did you stop paying after 4 months of his cut. I guess the project is still going rt. So Company A wants to make sure that project ended. Company A is right. If your project is still going, you need to pay him $2 per hour until it ends.
May I know on what basis you are recommending this. Do you have any legal basis.?
May I know on what basis you are recommending this. Do you have any legal basis.?
hpandey
01-30 11:45 AM
My company has filed an AOS application on July 02 2007 using an approved EB3 I-140 (PD = Sep 2001). Then in Dec 2007, they have filed a EB2 I-140 using an approved EB2 PERM to convert the pending AOS apllication to EB2, hoping to port the priority date of pending AOS application to EB2 Sep 2001. EB2 priority dates were retrogressed after the EB2 I-140 was filed.
I am thinking of switching the job now. I don't expect USCIS to process the EB-2 I-140 for next 6 months or so. Is it safe to switch jobs in this situation? I have portability right now, since 180 days have passed after the AOS application was filed with EB3 I-140. Does the EB2 I-140 adversely affect the AC21 after I join the new employer. What will happen to my pending AOS application, when USCIS processes the EB2 I-140 from my original employer, before or after I have used AC21 from the new employer.
Appreciate your feedbacks on this.
Man you are in such a good position . I think with an approved I-140 in EB3 for Sep 2001 PD your GC should not be far away .. Don't mess around with it by changing it to EB2 or things like that. It might get complicated . I would say have patience for a few months . Once you get your GC you are free.
Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.
I am thinking of switching the job now. I don't expect USCIS to process the EB-2 I-140 for next 6 months or so. Is it safe to switch jobs in this situation? I have portability right now, since 180 days have passed after the AOS application was filed with EB3 I-140. Does the EB2 I-140 adversely affect the AC21 after I join the new employer. What will happen to my pending AOS application, when USCIS processes the EB2 I-140 from my original employer, before or after I have used AC21 from the new employer.
Appreciate your feedbacks on this.
Man you are in such a good position . I think with an approved I-140 in EB3 for Sep 2001 PD your GC should not be far away .. Don't mess around with it by changing it to EB2 or things like that. It might get complicated . I would say have patience for a few months . Once you get your GC you are free.
Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.
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