indyanguy
11-09 05:50 PM
One more thing. Working on EAD can be preferred to both categories, ppl who has consumed all 6 years and ppl who haven't yet.
1. If you have consumed all 6 years, according to above link, can file MTR if 485 is wrongly denied due to AC21. EAD remains valid till atleast the appeal period. while if they are on H1 extension beyond 6 years, H1 is cancelled with immediate effect.
2. PPL who haven't consumed 6 years have an added advantage to come back to H1 and guess what, he can (if needed) start a new GC process while retaining his older PD (as his 140 was once approved, he retains that PD for life).
I found this by extremely intense research on internet, CIS website and many well-known lawyers forums, chats and discussion. However it is always advisable to consult your own attorney.
Thanks for the additional information. In case 1 - can the applicant still retain the priority date if s/he wants to start a new GC process? In other words, does 6 year expiration have any effect on retaining PD?
From what I have gathered so far, it appears that it's a misconception that a lot of people have who feel it's safer to stay on H1. It doesn't sound like EAD is as bad as I had once initially thought..
1. If you have consumed all 6 years, according to above link, can file MTR if 485 is wrongly denied due to AC21. EAD remains valid till atleast the appeal period. while if they are on H1 extension beyond 6 years, H1 is cancelled with immediate effect.
2. PPL who haven't consumed 6 years have an added advantage to come back to H1 and guess what, he can (if needed) start a new GC process while retaining his older PD (as his 140 was once approved, he retains that PD for life).
I found this by extremely intense research on internet, CIS website and many well-known lawyers forums, chats and discussion. However it is always advisable to consult your own attorney.
Thanks for the additional information. In case 1 - can the applicant still retain the priority date if s/he wants to start a new GC process? In other words, does 6 year expiration have any effect on retaining PD?
From what I have gathered so far, it appears that it's a misconception that a lot of people have who feel it's safer to stay on H1. It doesn't sound like EAD is as bad as I had once initially thought..
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californian_GC
04-09 03:13 PM
Another $100 towards our goal of 150K. I would urge all the members not to procrastinate and contribute ASAP.
My Receipt Number: 4040-6336-0409-3890
My Receipt Number: 4040-6336-0409-3890
chanduv23
04-28 08:49 PM
AC21 is a law. However, USCIS not yet published the regulation since year 2000, that binds everyone. All these memos since 2000, are internal to USCIS and not binding. They are very clear in the memo that revokation (except on fraud) of an already approved 140 by the petitioner, after 180 days of pending of 485, will not stop the approval of 485, if employee changes to similar occupation. This is just a non bining internal standard of USCIS. It does not have teeth, as it is not a public regulation. However, this internal standard can be changed by any time with/without public notice or through a regulation. Also, one should remember that, they mentioned in one of their memos that, regulation will be much tougher than memo.
Therefore, as some one is mentioned that, an approved immigrant visa pettion should be always available at the time of issuing GC. That is also a law. This law also need to be met at the time of approval of 485. Therfore AC21 and requirement for availability of approved 140 is two different and counteracting issues.
In practical situation, the employee has no control over 140 in any stage as it is employer's petition. Therefore, if employee leaves the job as per the AC21 law, employer verywell withdraw the 140 even after 180 days of 485 pending and create a situation of unavailability of approved immigrat visa petion for the employee. Therefore, in the final regulation they will make a rule that favours the employee, if everything was bonafide. It is like a aboundened spouse in family catagory.
I think, USCIS is currently taking the tough standard to weed out the consulting compaines (to put a leash on GC factories/body shoppers), as they are the one mostly abusing the EB system. Only those people working in GC factories need to worry. It may be mainly due the current economic situation. I feel thats why they are delaying the regulation. Others need not worry.
Well, 485 denials on ac21 where 140 was revoked has always been happening.
Your interpretation might be right about consulting companies but these denials not necessarily happening to people in consulting companies, they happen to anyone whose 140 was revoked.
Therefore, as some one is mentioned that, an approved immigrant visa pettion should be always available at the time of issuing GC. That is also a law. This law also need to be met at the time of approval of 485. Therfore AC21 and requirement for availability of approved 140 is two different and counteracting issues.
In practical situation, the employee has no control over 140 in any stage as it is employer's petition. Therefore, if employee leaves the job as per the AC21 law, employer verywell withdraw the 140 even after 180 days of 485 pending and create a situation of unavailability of approved immigrat visa petion for the employee. Therefore, in the final regulation they will make a rule that favours the employee, if everything was bonafide. It is like a aboundened spouse in family catagory.
I think, USCIS is currently taking the tough standard to weed out the consulting compaines (to put a leash on GC factories/body shoppers), as they are the one mostly abusing the EB system. Only those people working in GC factories need to worry. It may be mainly due the current economic situation. I feel thats why they are delaying the regulation. Others need not worry.
Well, 485 denials on ac21 where 140 was revoked has always been happening.
Your interpretation might be right about consulting companies but these denials not necessarily happening to people in consulting companies, they happen to anyone whose 140 was revoked.
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Cheran
08-20 09:32 AM
Man, that was good. I am 33 and I have been here 10 years, So I guess I am not far behind.
Congrats! Well, in my case, I would become a Senior Citizen before I become a Citizen of this country. :D My signature says it all.
:p
Congrats! Well, in my case, I would become a Senior Citizen before I become a Citizen of this country. :D My signature says it all.
:p
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neerajvir
07-16 01:51 PM
Petition signed.
gchandu
01-19 08:39 AM
Hi snathan
Please count me in for money or time or anything to fight on this. Can you please point me or share me the infor on this new rule /memorandum of employer-employee relationship...
Thanks
Please count me in for money or time or anything to fight on this. Can you please point me or share me the infor on this new rule /memorandum of employer-employee relationship...
Thanks
more...
Bradman
11-05 08:50 AM
Write to Mr. Bush (no kidding). They will send an inquiry to FBI and you will get something from FBI NNCP (name check division). If that does not help, file a lawsuit against USCIS/FBI. Or you can file a lawsuit first and then write a letter to save some time. The lawsuit will get things moving. The do-it-yourself guide is located here:
http://en.wikibooks.org/wiki/FBI_name_check
It worked man !!!
Gotta the Card production mail this morning after writing to the presidents office
Thanks a ton for your valuable advise !!!
http://en.wikibooks.org/wiki/FBI_name_check
It worked man !!!
Gotta the Card production mail this morning after writing to the presidents office
Thanks a ton for your valuable advise !!!
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pappu
04-10 07:23 AM
The funding drive ends on coming Friday Pappu : Does this thread yet needs to be bumped up?
$$$$$$$$$$$$$$$GOOD EVENING GC$$$$$$$$$$$$$$$$
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
$$$$$$$$$$$$$$$GOOD EVENING GC$$$$$$$$$$$$$$$$
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
more...
eyeswe
03-17 05:22 AM
I thought EB2 vs EB3 is mainly determined by what your job requires.. You may have a Masters but if your JD does not require one, the company cannot file you on EB2.
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mhathi
11-06 03:46 PM
Again, I am not here supporting more numbers or less number in H1B. Because this forum and our organization is nothing related to H1B. We are for Employment based Green Card reforms. I rest my case....Thanks for interesting (and correct) opinions.
Agree completely. IV is for EB GCs and not concerned with H1B. I simply hope that Senator Grassley takes EB into consideration or at least does not oppose somebody else in introducing EB legislation, even on condition of his reforming the H1B process (which I do beleive is needed nonetheless).
Agree completely. IV is for EB GCs and not concerned with H1B. I simply hope that Senator Grassley takes EB into consideration or at least does not oppose somebody else in introducing EB legislation, even on condition of his reforming the H1B process (which I do beleive is needed nonetheless).
more...
sts_seeker
03-19 12:38 PM
Hi All,
Would you guys are willing to share any sample letters that you have used to reply for your I140 Rfe from CPA stating that Company has ability to pay. I am not sure what are the contents it should have ?
Also does anyone know who can provide this kind of service?
Thanks
Would you guys are willing to share any sample letters that you have used to reply for your I140 Rfe from CPA stating that Company has ability to pay. I am not sure what are the contents it should have ?
Also does anyone know who can provide this kind of service?
Thanks
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vactorboy29
12-11 12:35 PM
We had similar problem in 2004 .Actual mess was created by VFS .Check your online status,I think you can use your passport number to track your passport. In our case passport was transfer to different vfs office .after three days they return our passport to Mumbai consulate ,this hole process took us more than week to get passport in our hand.Dont get panic...
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gsc999
11-10 05:24 PM
Its preposterous that USCIS does not allow LEGAL prospective permanent immigrants using EAD to bring their spouses!!
---
Why are you so surprised? If you do get permanent residency then too your prospective wife will not be able to immigrate immediately.
---
Why are you so surprised? If you do get permanent residency then too your prospective wife will not be able to immigrate immediately.
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va_labor2002
07-27 10:04 AM
If you have secure permanent job with a solid Company,it is better to buy a home. I have a well secured job and I bought the house back in 2002. Home prices were less in 2002 compare to 2006.
But, if you are a consultant or working for a small company ,it may be better to wait till you get GC. But remember one thing, even if you get GC or Citizenship,if you loose your job and have a big mortgage to pay off,you will be in big trouble to make the monthly payment. This is true for even US Citizens !
But, if you are optimistic and ready to take some risk,you may be making some Good amount of profit in the future ! I was very optimistic and took some risk in 2002 and now I am in a Safer Side ! Think about it
Buying a house is a risky proposition on H1 specially considering the fact that if one is laid-off and needs to relocate within a short-time then one may end up loosing money. Besides getting into the hasseles of home maintainence is trouble-some and expensive and probably not worth the time and effort if one is uncertain about their future in this country.
Having said that if an individual is good at taking calculated risks and has a secure job then rewards are truly exceptional. I would rather wait atleast till the time of filling I-485 before making any long-term investments in this country. I know lot of my friends are probably going to do the same.
Good luck.
But, if you are a consultant or working for a small company ,it may be better to wait till you get GC. But remember one thing, even if you get GC or Citizenship,if you loose your job and have a big mortgage to pay off,you will be in big trouble to make the monthly payment. This is true for even US Citizens !
But, if you are optimistic and ready to take some risk,you may be making some Good amount of profit in the future ! I was very optimistic and took some risk in 2002 and now I am in a Safer Side ! Think about it
Buying a house is a risky proposition on H1 specially considering the fact that if one is laid-off and needs to relocate within a short-time then one may end up loosing money. Besides getting into the hasseles of home maintainence is trouble-some and expensive and probably not worth the time and effort if one is uncertain about their future in this country.
Having said that if an individual is good at taking calculated risks and has a secure job then rewards are truly exceptional. I would rather wait atleast till the time of filling I-485 before making any long-term investments in this country. I know lot of my friends are probably going to do the same.
Good luck.
more...
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cgeek4u
07-16 06:07 PM
Signed
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cal97
07-19 07:58 PM
Did not quite understand your response. I looked in immigration.com before requesting you. If you know the thread please let me know I can look further by myself.
Thanks!
Look in home and post.
Thanks!
Look in home and post.
more...
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swamy
11-28 01:47 PM
http://radiotime.com/station/s_23765/News_Radio_950.aspx
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punjabi77
12-26 12:31 AM
I saw posts quite similar to my situation so didnt start a new thread but instead thought of using this thread to ask my question.
My situation is
I have my EAD and AP, and my 3 year extension is already approved but H1 stamp has expired.
My wife has used EAD and her H4 extension came before she stopped working on EAD. But she does have 3 year H4 extension too with an expired H4 stamp.
Now we plan on travelling to India next week and i am kind of confused as to whether we should go for H1-H4 stamping or not, or should we use AP to come back.
I have read in so many threads and forums that even if you enter on AP, ur H1 status is valid.
Now if my wife goes for H4 stamping, will the imigration officer consider her under H4 or AOS as she has used her EAD?
Since i have 1 month to come back to US, I am scared if for any reason Immi officer might take time to stamp visa on our passport and we might not make it back to US in time. And also what if they ask all questions regarding GC.
Has anyone gone through the same situation?
SInce these days, mostly all companies are hiring people who have EAD, sometimes i think what is the need to maintain H1 then.
Another thing is that i am not full time employed with my client, so when my project expires, i can find a new company and get my H1B-H4 transfered and that will change my Status from Parolee to H1b again.
So looking at all this, i think even if i come on AP, everything should work out fine for me.
Please post ur suggestions and advice.
My situation is
I have my EAD and AP, and my 3 year extension is already approved but H1 stamp has expired.
My wife has used EAD and her H4 extension came before she stopped working on EAD. But she does have 3 year H4 extension too with an expired H4 stamp.
Now we plan on travelling to India next week and i am kind of confused as to whether we should go for H1-H4 stamping or not, or should we use AP to come back.
I have read in so many threads and forums that even if you enter on AP, ur H1 status is valid.
Now if my wife goes for H4 stamping, will the imigration officer consider her under H4 or AOS as she has used her EAD?
Since i have 1 month to come back to US, I am scared if for any reason Immi officer might take time to stamp visa on our passport and we might not make it back to US in time. And also what if they ask all questions regarding GC.
Has anyone gone through the same situation?
SInce these days, mostly all companies are hiring people who have EAD, sometimes i think what is the need to maintain H1 then.
Another thing is that i am not full time employed with my client, so when my project expires, i can find a new company and get my H1B-H4 transfered and that will change my Status from Parolee to H1b again.
So looking at all this, i think even if i come on AP, everything should work out fine for me.
Please post ur suggestions and advice.
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hope_4_best
04-27 05:21 PM
Hi,
What do you mean by IMG is very good?? Could you please elaborate??
Thanks
In Dec 2007 my dad got admitted to the hospital for 17 days due to DVT (Deep Venous Thrombosis). Total bill from the hospital was $48,000.00. IMG paid most part of it and I paid approximately $2000.00 as patient resposibility.
What do you mean by IMG is very good?? Could you please elaborate??
Thanks
In Dec 2007 my dad got admitted to the hospital for 17 days due to DVT (Deep Venous Thrombosis). Total bill from the hospital was $48,000.00. IMG paid most part of it and I paid approximately $2000.00 as patient resposibility.
gc_on_demand
04-28 11:10 AM
Define which Indian community?
Gujratis who own motels and shops and will want more family immigration vs H1B
or
Indians who are now citizens. They will want less Indians to reduce competition for their jobs or for their children.
or
Desi consulting owners : less said the better
or
Desi H1b, students EAD etc...
They are a scared lot anyways and only worry about their immigration status and making dollars. Go tell them about IV if you can?
So tell which Indian community you are talking about?
Gangu ???
Didnot understand ur first two points... Are Gujaratis not indian ? Can you be little more specific ?
Gujratis who own motels and shops and will want more family immigration vs H1B
or
Indians who are now citizens. They will want less Indians to reduce competition for their jobs or for their children.
or
Desi consulting owners : less said the better
or
Desi H1b, students EAD etc...
They are a scared lot anyways and only worry about their immigration status and making dollars. Go tell them about IV if you can?
So tell which Indian community you are talking about?
Gangu ???
Didnot understand ur first two points... Are Gujaratis not indian ? Can you be little more specific ?
willwin
08-11 05:08 PM
^^^^^^
