Hermione
10-02 11:50 AM
Is there a real need to maintain a backup? Meaning if I need to maintain my H1 why should I apply for EAD for myself?
The only real reason why your lawyer wanted you to apply for EAD is to collect their fees. If you are maintaining H1, there is no need to EAD. If you lose your job, you will most likely have time to get an EAD, or you may even end up doing an H1 transfer.
The only real reason why your lawyer wanted you to apply for EAD is to collect their fees. If you are maintaining H1, there is no need to EAD. If you lose your job, you will most likely have time to get an EAD, or you may even end up doing an H1 transfer.
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GCBy3000
04-15 06:16 PM
EIther this guy is ALIPAC or he is from ALIPAC. THose guys tried to supress us in a straight forward way, but it did not work. Then they sent some infiltrants to our site to coy us to beleive they work for immigrants. That also did not work. Now they are trying to backstab us with our own hands. They will do whatever it takes to drive us out, but we should be smart as we were and may be much more. Good luck ALIPAC.
sbmallik
09-03 02:27 PM
Correct! TSC is bend on approving cases with later PDs ... no other logic holds ...
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ganguteli
02-07 04:30 PM
It all depends on the company you work for. A friend of mine told me recently that small /mid size companies in Delhi can pay 3 lakh -4 lakh per annum to a developer with 3-4 year experience from an average college.
I guess a lot depends on where you graduate from, presentation skills and work experience. An NIIT or some small institute graduate cannot get as much as an IITian. However in USA even an NIITian can do well.
So it is all not that rosy that a lot think. Not everyone gets into Microsoft or IBM india. You have to compete with MS/PhD in computer science for the same job that needs BS in big companies due to high rate of competition and unemployment.
I guess a lot depends on where you graduate from, presentation skills and work experience. An NIIT or some small institute graduate cannot get as much as an IITian. However in USA even an NIITian can do well.
So it is all not that rosy that a lot think. Not everyone gets into Microsoft or IBM india. You have to compete with MS/PhD in computer science for the same job that needs BS in big companies due to high rate of competition and unemployment.
more...
DDash
08-29 11:39 PM
Try to record few of your conversations with him with a hidden camcorder and/or voice recorder, once you are sure you have enough evidence - talk to a good lawyer, also file for a h1b transfer and change job and once you get into your new job sue this old employer for mental agony and torture etc....... lawyer will manage this
Isnt recording conversations without the consent illegal? :confused:
Isnt recording conversations without the consent illegal? :confused:
Gravitation
07-20 02:19 PM
I'm confused - what is the point of applying for AP if you aren't also applying for EAD?
Yes, I believe you can apply for EAD yourself
AP is a must. If you travel out of the country and your GC gets approved while you're away... your H1 becomes invalid and you cannot use it enter US. The only way to return then is AP.
Yes, I believe you can apply for EAD yourself
AP is a must. If you travel out of the country and your GC gets approved while you're away... your H1 becomes invalid and you cannot use it enter US. The only way to return then is AP.
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kicca
01-25 03:48 PM
^^
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houston2005
08-21 11:26 AM
It is my turn to receive the "Notice mailed welcoming the new permanent resident" today. My depenedents are yet to receive this mail. This forum, Immigration-law, Immigration portal by Rajiv Khanna and many other immigration lawyers' websites like Murthy's etc were very useful to understand the immigration laws.
I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 08-30-2005.
I did make a one time conribution of $100.00 to IV.
Thanks a lot. All the best to all.
Congrats.
Which service center did you applied to. I have similar PD (8/22/05) and EB2 NIW at TSC.
I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 08-30-2005.
I did make a one time conribution of $100.00 to IV.
Thanks a lot. All the best to all.
Congrats.
Which service center did you applied to. I have similar PD (8/22/05) and EB2 NIW at TSC.
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amsgc
04-22 09:05 PM
I was just going over PERM data (http://www.flcdatacenter.com/CasePerm.aspx) for FY 2005 and 2006. I found that 19,515 cases were approved for India, for cases filed between March 2005-Dec 31 2005. This includes EB2 and EB3. This is smaller than what I was expecting.
Anybody have any data on LCs approved (India) for cases filed b/w Jan 04-Mar05?
Anybody have any data on LCs approved (India) for cases filed b/w Jan 04-Mar05?
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fcres
08-13 10:32 AM
Yes, i opened a new thread so that everybody can see that CIS does mostly work on cases according to 485 Receipt Date. Otherwise i can't justify my EAD approval. I filed 485 and AP on June 18th and got RNs 2 weeks later. But EAD was filed later on July 12th. I got the receipt number for EAD from the back of my cashed check but never got actual Receipt Notice. Today i got the email that card production has been ordered.
So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.
Dec2002 EB3 India.
So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.
Dec2002 EB3 India.
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logiclife
10-17 03:00 PM
Hi,
I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.
Krishna.
Yes, the post office DOES NOT forward USCIS mail even if you fill out the "forwarding address" form at post office, I have read this somewhere.
However, you can change your address with USCIS directly with AR-11. That way, USCIS will send it to your new address. Another thing, the receipt notices will go to your lawyer if you used a lawyer. Once the receipt notices come, register those case numbers in an online customer account on USCIS and track status. Once the status is approved, (of EAD or AP), then call USCIS to confirm that the cards are being shipped to your new address.
I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.
Krishna.
Yes, the post office DOES NOT forward USCIS mail even if you fill out the "forwarding address" form at post office, I have read this somewhere.
However, you can change your address with USCIS directly with AR-11. That way, USCIS will send it to your new address. Another thing, the receipt notices will go to your lawyer if you used a lawyer. Once the receipt notices come, register those case numbers in an online customer account on USCIS and track status. Once the status is approved, (of EAD or AP), then call USCIS to confirm that the cards are being shipped to your new address.
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ArunAntonio
02-20 07:13 PM
I used the data from this webite to apply for FOIA for I-140
Can you please provide more info on the process of how get a copy of the I140 if the employer is unwilling to provide a copy.
Can you please provide more info on the process of how get a copy of the I140 if the employer is unwilling to provide a copy.
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Suva
06-08 10:22 PM
I support it.
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txh1b
08-18 11:37 AM
To be safe, once the h1b is approved, I would suggest that you travel and enter again so that you become eligible to use 245(k) rule if needed during your GC.
If not, there is a risk for everything from the date you lost your job till your re-entry again to be considered as out of status/unlawful employment as per my lawyer.
If not, there is a risk for everything from the date you lost your job till your re-entry again to be considered as out of status/unlawful employment as per my lawyer.
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optimistic
08-01 10:58 AM
My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.
Yes, she can go alone.
The following is the list of documents that may be required to be produced at the American embassy for visa H4:-
1. marriage registration certificate-orignal
2. Wedding photos
3. Wedding invitation cards
4. Copy of labour condition application of principal applicant
5. Copy of Pay stubs of principal applicant and copy of bank statement as proof of ability to support spouse financially
6. copy of I-797 notice of approval of principal applicant
7. Passport copy of principal applicant (all pages)
8. Spouse's name should be added to the passport of the visa applicant, preferably it should be added in the principal applicants passport also. Though it is not mandatory.
9. I-129 form of principal applicant-copy
10. Principal applicants letter of offer from US firm-copy
11. Principal applicants work experience letters-copy
12. Web appointment receipt for interview
13. Passport + one photograph
14. Completed visa application form DS-156
15. Completed visa application form DS-157
16. Demand drafts for vfs fee and visa fee- both application and issuance
Please check the US consulate website for a complete list as they may have changed the requirements.
Hope this helps.
Yes, she can go alone.
The following is the list of documents that may be required to be produced at the American embassy for visa H4:-
1. marriage registration certificate-orignal
2. Wedding photos
3. Wedding invitation cards
4. Copy of labour condition application of principal applicant
5. Copy of Pay stubs of principal applicant and copy of bank statement as proof of ability to support spouse financially
6. copy of I-797 notice of approval of principal applicant
7. Passport copy of principal applicant (all pages)
8. Spouse's name should be added to the passport of the visa applicant, preferably it should be added in the principal applicants passport also. Though it is not mandatory.
9. I-129 form of principal applicant-copy
10. Principal applicants letter of offer from US firm-copy
11. Principal applicants work experience letters-copy
12. Web appointment receipt for interview
13. Passport + one photograph
14. Completed visa application form DS-156
15. Completed visa application form DS-157
16. Demand drafts for vfs fee and visa fee- both application and issuance
Please check the US consulate website for a complete list as they may have changed the requirements.
Hope this helps.
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starscream
07-05 04:39 PM
I have got my canadian PR approval for me and my wife and have sent the passports to the Canadian Consulate in NYC for immigrant visa stamping. To get my PR card I have to land in Canada before Dec 19, 2007 when the visa expires.
I have not traveled outside the US after I got my H1B and am planning to go to Canada for stamping H1B for me H4 for my wife.
Would there be any problem for me to land in Canada since I will not be landing there with the intention to settle but will return after getting my H1B stamped in a couple of days.
Anyone gone through my kind of situation before. Please send me a PM.
I am concerend about being denied entry in Canada and then I will be nowhere because I cannot return to US without a vaid H1B stamp.
I have not traveled outside the US after I got my H1B and am planning to go to Canada for stamping H1B for me H4 for my wife.
Would there be any problem for me to land in Canada since I will not be landing there with the intention to settle but will return after getting my H1B stamped in a couple of days.
Anyone gone through my kind of situation before. Please send me a PM.
I am concerend about being denied entry in Canada and then I will be nowhere because I cannot return to US without a vaid H1B stamp.
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invincibleasian
01-31 03:18 PM
As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
You cannot lose priority date after i140 is approved unless revoked for fraud!
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
You cannot lose priority date after i140 is approved unless revoked for fraud!
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amitga
11-15 03:48 PM
CORRECT ME IF I AM WRONG...IF I94 IS EXPIRED DOES IT NOT MEAN U R OUT OF STATUS. SHOULD YOU NOT RENEW I94 BASED ON I797 ?
He got a new I-94 in H1B approval. So he has a old expired I-94 and a new I-94 valid till 2008
He got a new I-94 in H1B approval. So he has a old expired I-94 and a new I-94 valid till 2008
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brintonwhite
06-07 06:14 PM
nice stamps
raysaikat
01-06 03:33 PM
Sincerest thanks for the information. Iam looking at criteria 1 to 10 in the list that you have provided. I believe that I can gather evidence to satisfy 2 criteria�s completely and maybe 1 partially, does that suffice or there is a rule that atleast say 4 / 10 or X / 10 should be satisfied as a minimum. Most of the criteria�s are actually meant for distinguished people in research, whereas my profile is more of an IT application developer / designer.
Please read the text in the USCIS page carefully. You need to clearly satisfy at least 3 criteria. In practice, you try to provide at least some evidence for most criteria.
Note also that you need to provide evidence of sustained fulfillment. E.g., suppose you want to show that
"Evidence that the alien has judged the work of others, either individually or on a panel;"
This is *not* satisfied, e.g., if you graded the papers of your students or did code-reviews! This is likely satisfied if you, e.g., were in an IEEE standards committee (especially if the standard becomes well known, e.g., IEEE 802.11, or Firewire, etc.). Similarly, if you just participated in a panel once, then the reviewer is likely to reject your claim; you really want to show that you regularly (e.g., once a month for last 3-4 years) participate in panels, etc. In my own case, I reviewed literally 100's of conference and journal papers, and was in the TPC of many conferences, and also participated in an NSF panel for reviewing proposals for funding.
The reviewer will want evidence for each criteria. Sometimes you may be able to use the same evidence towards more than one criteria, but generally it is not the case.
Finally remember that you need *very strong* recommendation letters from "well known" people *all over the world". Most people gets some letters from US, some from their home country, some from Europe, other countries, etc. I had about 10-15 letters from US, China, India, Netherlands, etc. The letter writer in each case must be very well known, and must hold a very high position (e.g., one of my letter writer was one of the heads of Philips research).
In any case, it does not matter what I or someone else thinks about your qualifications. What matters is what the reviewer of your petition thinks. What I would suggest is that if you feel that you have a good chance at EB1-A (e.g., in your own mind you believe that you truly satisfy 3 criteria), then hire a good attorney and start working on preparing your dossier. The cost will be about $7000-$10,000 (depending upon what attorney you choose). Attorneys will charge much more for EB1 petitions since they actually have to work on it (rather than get a para-legal fill-in forms, as done in EB2 applications). It usually takes 4-6 months to get all material, etc.
Please read the text in the USCIS page carefully. You need to clearly satisfy at least 3 criteria. In practice, you try to provide at least some evidence for most criteria.
Note also that you need to provide evidence of sustained fulfillment. E.g., suppose you want to show that
"Evidence that the alien has judged the work of others, either individually or on a panel;"
This is *not* satisfied, e.g., if you graded the papers of your students or did code-reviews! This is likely satisfied if you, e.g., were in an IEEE standards committee (especially if the standard becomes well known, e.g., IEEE 802.11, or Firewire, etc.). Similarly, if you just participated in a panel once, then the reviewer is likely to reject your claim; you really want to show that you regularly (e.g., once a month for last 3-4 years) participate in panels, etc. In my own case, I reviewed literally 100's of conference and journal papers, and was in the TPC of many conferences, and also participated in an NSF panel for reviewing proposals for funding.
The reviewer will want evidence for each criteria. Sometimes you may be able to use the same evidence towards more than one criteria, but generally it is not the case.
Finally remember that you need *very strong* recommendation letters from "well known" people *all over the world". Most people gets some letters from US, some from their home country, some from Europe, other countries, etc. I had about 10-15 letters from US, China, India, Netherlands, etc. The letter writer in each case must be very well known, and must hold a very high position (e.g., one of my letter writer was one of the heads of Philips research).
In any case, it does not matter what I or someone else thinks about your qualifications. What matters is what the reviewer of your petition thinks. What I would suggest is that if you feel that you have a good chance at EB1-A (e.g., in your own mind you believe that you truly satisfy 3 criteria), then hire a good attorney and start working on preparing your dossier. The cost will be about $7000-$10,000 (depending upon what attorney you choose). Attorneys will charge much more for EB1 petitions since they actually have to work on it (rather than get a para-legal fill-in forms, as done in EB2 applications). It usually takes 4-6 months to get all material, etc.
GC08
07-08 08:07 PM
None... as I did not seem to see anywhere in the filing instruction that W2 is needed... unless there is some change. Who knows nowadays...;)
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