mariner5555
05-24 10:18 PM
Hi Gurus...
I am one of the July 2007 EAD filers and did not file for AP at that time.
So I am in the process of the renewing EAD & Applying for AP for the first time.
I have couple of questions..
http://immigrationvoice.org/forum/images/icons/icon8.gif
Angry
do you get Finger Printing for EAD Renewal ?
do you get Finger Printing / Biometrics for first time applying of AP [Advance Parole]
Your help is much appreciated
this is my experience - I efiled for myself for EAD only (no AP applied so far - we had been to India recently) and I got a FP notice. for my wife, we renewed by postal mail and she didnt get any FP notice -- we already recd her EAD card (in roughly 25 - 30 days).
I had efiled mine few days before her and so
far nothing - only soft LUD's.
and yes ..EAD was renewed for only one year ..so I guess USCIS still treats this as a cash cow !!!http://immigrationvoice.org/forum/images/smilies/mad.gif
:mad:
I am one of the July 2007 EAD filers and did not file for AP at that time.
So I am in the process of the renewing EAD & Applying for AP for the first time.
I have couple of questions..
http://immigrationvoice.org/forum/images/icons/icon8.gif
Angry
do you get Finger Printing for EAD Renewal ?
do you get Finger Printing / Biometrics for first time applying of AP [Advance Parole]
Your help is much appreciated
this is my experience - I efiled for myself for EAD only (no AP applied so far - we had been to India recently) and I got a FP notice. for my wife, we renewed by postal mail and she didnt get any FP notice -- we already recd her EAD card (in roughly 25 - 30 days).
I had efiled mine few days before her and so
far nothing - only soft LUD's.
and yes ..EAD was renewed for only one year ..so I guess USCIS still treats this as a cash cow !!!http://immigrationvoice.org/forum/images/smilies/mad.gif
:mad:
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rr_immaculate
08-05 08:14 AM
Your I-94 SHOULD have the same number as the old one!
Whether they give you a new white and stamped or the printed I-797 I-94 is a moot point. The validity date and the number is what matters.
I was once given a new I-94 after visa stamping in Canada at the Derby Line border post in VT with the same I-94 # as the old (and printed I-797 I-94) for a $6 charge.
You saved $6. Go buy nice milkshakes for the family and be cool.
It is a non-issue.
Thanks for the reply.
The printed I-797 bottom left is for employee's records and the right part is the equivalent of the I-94. The officer did not put a seal with the expiry date (normally they put a seal on I-94 mentioning the visa type and expiry date) on the right part. If I am surrendering this part while leaving the country,how can they determine if I overstayed my I-94 date or not since there is no expiry date on the bottom right part.
Whether they give you a new white and stamped or the printed I-797 I-94 is a moot point. The validity date and the number is what matters.
I was once given a new I-94 after visa stamping in Canada at the Derby Line border post in VT with the same I-94 # as the old (and printed I-797 I-94) for a $6 charge.
You saved $6. Go buy nice milkshakes for the family and be cool.
It is a non-issue.
Thanks for the reply.
The printed I-797 bottom left is for employee's records and the right part is the equivalent of the I-94. The officer did not put a seal with the expiry date (normally they put a seal on I-94 mentioning the visa type and expiry date) on the right part. If I am surrendering this part while leaving the country,how can they determine if I overstayed my I-94 date or not since there is no expiry date on the bottom right part.
ngopikrishnan
06-17 06:18 PM
Can someone suggest good attorneys to consult and represent AC21 case, transfer employer, transfer case from current employer, etc.? Attorney must be responsive!!
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rbharol
08-22 02:14 PM
Any US postgraduate degree + 3 years prior to I-140/I-485. Read the text of the bill for more details.
Thanks. Moreover the fact that the unused visas shall be carried forward too should help.
Specially the ones unused from 2001 to 2005.
Does anybody know was is the number of unused visas from 2001 to 2005.
Thanks. Moreover the fact that the unused visas shall be carried forward too should help.
Specially the ones unused from 2001 to 2005.
Does anybody know was is the number of unused visas from 2001 to 2005.
more...
GMKrishna
10-05 05:55 PM
This announcement proves that IV is a very democratic, honest and competitive organization for the cause of legal and highly skilled immigrants.
Good job IV.
Thanks,
Good job IV.
Thanks,
moonrah
10-23 02:46 PM
Be proactive and do it ASAP.
more...
GEEGEE
07-24 10:10 PM
Hello,
I too have the same problem, have sent the documents for filing I-485, mostly it will be filed before 17th Aug 2007. My passport is expiring on Dec 2007. I had sent it for renewal.
Will that be ok to file I-485 with old passport which would be expiring in Dec 2007?
thanks..
I too have the same problem, have sent the documents for filing I-485, mostly it will be filed before 17th Aug 2007. My passport is expiring on Dec 2007. I had sent it for renewal.
Will that be ok to file I-485 with old passport which would be expiring in Dec 2007?
thanks..
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raysaikat
04-30 08:55 AM
2) On the other hand, h4 prevents you from doing any kind of work while in US. Although u may still be employee of a company in other country, you CAN't work. Simple.
This is not a very meaningful statement. Do you intend to say that a person on H4 cannot cook or clean his/her house? These are also clearly "work".
Only meaningful restriction can be that a person on H4 cannot be engaged in an employer-employee relationship with a US company. In other words, a US company/individual cannot pay this individual for his/her work. Whether an Indian company is paying his/her cannot be controlled by the US laws. If that person, say, goes everyday to a physical office on the US and works there, then one may try to argue that it is really the US based branch who is paying him/her, which will be a violation. However, if s/he telecommutes from her home to India, then I really fail to see how can s/he be violating anything.
The bottomline is that all argument boils down to the definition of "work". Do you have a reference that defines the word "work" in the context of H visa?
This is not a very meaningful statement. Do you intend to say that a person on H4 cannot cook or clean his/her house? These are also clearly "work".
Only meaningful restriction can be that a person on H4 cannot be engaged in an employer-employee relationship with a US company. In other words, a US company/individual cannot pay this individual for his/her work. Whether an Indian company is paying his/her cannot be controlled by the US laws. If that person, say, goes everyday to a physical office on the US and works there, then one may try to argue that it is really the US based branch who is paying him/her, which will be a violation. However, if s/he telecommutes from her home to India, then I really fail to see how can s/he be violating anything.
The bottomline is that all argument boils down to the definition of "work". Do you have a reference that defines the word "work" in the context of H visa?
more...
krishmunn
05-11 08:24 AM
Ask your attorney to draft the experience letter. It may not be copied toto but support letter should cover the main points in the draft.
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phigi
03-28 12:35 PM
your payroll should be run against the place of your work and not your employer's state!
This is important!!!
This is important!!!
more...
sdrblr
10-28 11:11 AM
Was the threat or intimidation verbal or do you have any paper trail. This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).
Take the non compete and any paper trail about the termination to an HR attorney ASAP. Also see whether any of your colleagues were impacted and go for a class action.
Hi Guys,
I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?
Good news is another company has already applied for my H1 transfer.
I will appreciate all suggestions and advices for which I thank you in advance.
Take the non compete and any paper trail about the termination to an HR attorney ASAP. Also see whether any of your colleagues were impacted and go for a class action.
Hi Guys,
I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?
Good news is another company has already applied for my H1 transfer.
I will appreciate all suggestions and advices for which I thank you in advance.
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optimist578
01-19 12:31 PM
I have observed, based on stories from different people that NSC sends RFEs when one tries to upgrade a non-premium I-140 case to premium. Does NSC send RFEs for premium cases? Till now, I have only heard NO.
No matter how hard I try, my lawyer keeps insisting that my case should not be upgraded to premium, because if an RFE is served, it might delay the case even more (implying, more than how long a regular case takes).
The whole thing does not seem to make any sense. If an applicant files under premium processing, according to NSC, his/her application is more reliable (and honest?) than if some one who files it on non-premium basis?
.
No matter how hard I try, my lawyer keeps insisting that my case should not be upgraded to premium, because if an RFE is served, it might delay the case even more (implying, more than how long a regular case takes).
The whole thing does not seem to make any sense. If an applicant files under premium processing, according to NSC, his/her application is more reliable (and honest?) than if some one who files it on non-premium basis?
.
more...
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jsb
08-04 11:28 AM
While it brought results to the frustrated person who took this extreme step, the question is, is it the most efficient way to get cases cleared?
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nkavjs
11-09 08:52 PM
I did answer your question in my first post and asked you a question on which you replied:
There is a website called Google. Its amazing in that it is above nationality and responds to every "what is..."
I'm answering your question, and you are being sarcastic - what do you expect?
Well friend.. If you are not aware of any specific culture or any nation's tradition in specific, then please dont comment anything.
Happy Diwali was targeted for the readers who cared to understand it at the first place. and BTW you NEVER answer any of his questions to start with..
Directing a newcomer to Google search is NOT a intelligent answer if you thought you answered any of his questions..
Never mind.. I think you got my message.
There is a website called Google. Its amazing in that it is above nationality and responds to every "what is..."
I'm answering your question, and you are being sarcastic - what do you expect?
Well friend.. If you are not aware of any specific culture or any nation's tradition in specific, then please dont comment anything.
Happy Diwali was targeted for the readers who cared to understand it at the first place. and BTW you NEVER answer any of his questions to start with..
Directing a newcomer to Google search is NOT a intelligent answer if you thought you answered any of his questions..
Never mind.. I think you got my message.
more...
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imneedy
06-07 01:35 PM
In NJ this is how it has been for last few years.
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bagha
07-11 11:01 AM
I'm in similar situation:
On H1 with company A since 2001. Current extension is valid till July 2010.
Eb3-India I-140 Approved, Filed I-485 more than 180 days ago.
Now I want to transfer my H1B using AC21. My questions are:
1. If my current employer revokes I-140 what are the implications on my I-485? Since 180 days have been passed I think it's not a problem.
2. If I don't get my green card til my new H1B (after transfer) expires, do I get another extension even if company A revokes my I-140?
Thanks in advance.
On H1 with company A since 2001. Current extension is valid till July 2010.
Eb3-India I-140 Approved, Filed I-485 more than 180 days ago.
Now I want to transfer my H1B using AC21. My questions are:
1. If my current employer revokes I-140 what are the implications on my I-485? Since 180 days have been passed I think it's not a problem.
2. If I don't get my green card til my new H1B (after transfer) expires, do I get another extension even if company A revokes my I-140?
Thanks in advance.
more...
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Ivyleaf
10-07 03:41 PM
my votes for bat. reflections are my fav :beam:
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gmail
07-22 03:14 AM
Quoting the AC21 memo:
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
It is not withdrawn. I-140 was approved in April, 9 months after I-140/485 were filed. However the old employer would withdraw it if he knows. Most US employers don't have too much a clue of GC. He'd love to see me getting into trouble.
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
It is not withdrawn. I-140 was approved in April, 9 months after I-140/485 were filed. However the old employer would withdraw it if he knows. Most US employers don't have too much a clue of GC. He'd love to see me getting into trouble.
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knowDOL
06-19 09:33 PM
:D :D :D :D :D :D :D
:p :p :p :p :p :p :p :p
:confused: :confused: :confused: :confused:
I don't know what else to say and I am wondering how ignorant you could be. Even 2008 October bulletin will not be current for EB2 India (cutoof date may not be even Dec 05) with the current 140,000 visas per year.
:p :p :p :p :p :p :p :p
:confused: :confused: :confused: :confused:
I don't know what else to say and I am wondering how ignorant you could be. Even 2008 October bulletin will not be current for EB2 India (cutoof date may not be even Dec 05) with the current 140,000 visas per year.
chanduv23
08-05 11:13 PM
PA members most welcome to merge with Tri State members on the rally effort. We have a lunch meeting in NYC on Saturday and you are all most welcome to join us.
Please join us for a tri state lunch meet. We would like to start working on volunteers/ mobilizing members for the DC rally. Even if you cannot take the day off and come to DC please come by for the lunch. We could really use help with banners/posters/ and ideas to make this a success.
WHEN: Saturday AUGUST 11th
LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)
TIME: 1:30 pm
ALSO- PLEASE DO UPDATE YOUR CONTACT INFORMATION
Thank you!
Please join us for a tri state lunch meet. We would like to start working on volunteers/ mobilizing members for the DC rally. Even if you cannot take the day off and come to DC please come by for the lunch. We could really use help with banners/posters/ and ideas to make this a success.
WHEN: Saturday AUGUST 11th
LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)
TIME: 1:30 pm
ALSO- PLEASE DO UPDATE YOUR CONTACT INFORMATION
Thank you!
manderson
05-03 07:28 AM
ditto janakp and lonedesi