PHANI_TAVVALA
01-02 01:55 PM
Adding to what Vinzak mentioned above, you will have hard time converting to F-1 since your I-140 is filed/approved. F-1 requires non-immigrant intent and filing I-140 shows immigration intent. There is a high chance your H1B to F1 COS wiil not be approved by USCIS.
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inderman
10-16 06:12 PM
Its probably going to be difficult to justify at a later time how the job role can still be the same if ur title changes from Manager to S/w Engineer...
It would make sense to request ur new employer to alter the title to s'th like S/w specialist or s'th like that... which can more easily b justified as an alternative to the earlier job title.
Again, u need to pay even more attention to ensure that the job role is identical becoz that is what matters more...
Applying AC 21 will save u in case ur old employer tries to revoke 140...
It would make sense to request ur new employer to alter the title to s'th like S/w specialist or s'th like that... which can more easily b justified as an alternative to the earlier job title.
Again, u need to pay even more attention to ensure that the job role is identical becoz that is what matters more...
Applying AC 21 will save u in case ur old employer tries to revoke 140...
WaldenPond
07-21 08:48 PM
EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
Hi Suk,
We have been already working on this. Please see:
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_03-20-06.pdf
On July 30, 2004, an interim rule "Employment Authorization Documents." 69 Fed. Reg. 45555 removed regulatory language limiting EAD validity periods to one-year increments and provides for USCIS issuance of multi-year EADs. The intent of this rule is - USCIS is to begin issuance of EADs with validity periods of more than one year. The reason for this interim rule was that 80%-90% of adjustment of status applications remain pending for longer than one year. Therefore applying for renewal of the EAD every year, as mentioned in the July 2004 interim rule, "creates burden on the applicant" and "creates avoidable additional workload for USCIS".
This change to the EAD issuance policy and practice will benefit employers and individuals, as well as USCIS. Issuance of multi-year EADs and EADs with full periods of validity will also help to reduce USCIS workload and improve process efficiency. With the current practice, issuing EADs with one-year validity periods�in cases where it is likely that re-issuance of the EAD will be necessary�requires USCIS to perform redundant adjudications.
Thanks for your help!
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
Hi Suk,
We have been already working on this. Please see:
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_03-20-06.pdf
On July 30, 2004, an interim rule "Employment Authorization Documents." 69 Fed. Reg. 45555 removed regulatory language limiting EAD validity periods to one-year increments and provides for USCIS issuance of multi-year EADs. The intent of this rule is - USCIS is to begin issuance of EADs with validity periods of more than one year. The reason for this interim rule was that 80%-90% of adjustment of status applications remain pending for longer than one year. Therefore applying for renewal of the EAD every year, as mentioned in the July 2004 interim rule, "creates burden on the applicant" and "creates avoidable additional workload for USCIS".
This change to the EAD issuance policy and practice will benefit employers and individuals, as well as USCIS. Issuance of multi-year EADs and EADs with full periods of validity will also help to reduce USCIS workload and improve process efficiency. With the current practice, issuing EADs with one-year validity periods�in cases where it is likely that re-issuance of the EAD will be necessary�requires USCIS to perform redundant adjudications.
Thanks for your help!
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senthil
02-06 05:20 PM
all your points look ok to me. although it may differ for different prople.
in my case - i have an EAD. but cant use it. i had to stay on H1B to make my spouse's stay valid which is H4. i see the following as a comparision. guys pl feel free to throw ur inputs.
EAD
- ability to switch jobs as nessary - you decide
- AP to easy your life when you want to fly out and come back
( no hassle stamping tention etc, but comes with yearly price )
- of couse the important thing is your spouse can work
- need to stick with same designation
H1B:
- no hassles if you are within 6 year period. everything starts when its about to expire and you jump into GC train
[ you have to jump if you decide to stay more than 6 years. no option here, i guess ]
- same as EAD jumping jobs is easy, also can climb up the ladder
- if above 6 year limit and I-140 not approved, you get only yearly exentions
thanks.
in my case - i have an EAD. but cant use it. i had to stay on H1B to make my spouse's stay valid which is H4. i see the following as a comparision. guys pl feel free to throw ur inputs.
EAD
- ability to switch jobs as nessary - you decide
- AP to easy your life when you want to fly out and come back
( no hassle stamping tention etc, but comes with yearly price )
- of couse the important thing is your spouse can work
- need to stick with same designation
H1B:
- no hassles if you are within 6 year period. everything starts when its about to expire and you jump into GC train
[ you have to jump if you decide to stay more than 6 years. no option here, i guess ]
- same as EAD jumping jobs is easy, also can climb up the ladder
- if above 6 year limit and I-140 not approved, you get only yearly exentions
thanks.
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AabTuAgaGC
07-02 05:58 PM
Please, stop rubbing salt on our wounds:mad:
Akia
03-25 08:48 AM
Possibly, see here: Law Office of Elaine Martin - immigration news: H-1B fees (http://martinvisalaw.blogspot.com/search/label/H-1B%20fees).
You must also look at the "actual wage."
Elaine, thank you very much for the information. Can I ask for one more favor? Where can I find the memo or official document regarding the "filing fee -- actual wage" issue?
You must also look at the "actual wage."
Elaine, thank you very much for the information. Can I ask for one more favor? Where can I find the memo or official document regarding the "filing fee -- actual wage" issue?
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mirchiseth
05-11 08:58 PM
Amit's call starts at 13:00 minute of the program if you want to skip and listen directly to his message.
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map_boiler
09-25 05:22 PM
...but could be due to unavailability of visa numbers for EB2-I in September. So even though the ported PD of Nov 2004 is current in September, the October visa bulletin has clarified that the EB2-I numbers were actually unavailable in September. See below:
E. EMPLOYMENT VISA AVAILABILITY
Item E of the May 2008 Visa Bulletin (number 118, volume VIII) indicated that many Employment cut-off dates had been advancing very rapidly, based on indications that the Citizenship and Immigration Services (CIS) would need to review a significantly larger pool of applicants than there were numbers available in order to maximize number use under the FY-2008 annual limits. That item also indicated that if the CIS projections proved to be incorrect, it would be necessary to adjust the cut-off dates during the final quarter of FY-2008. The CIS estimates have proven to be very high resulting in: 1) the “unavailability” of all Employment Third preference categories beginning in July, 2) the “unavailability” of numbers for China and India Employment Second preference adjustment of status cases during September, and 3) the establishment of many October Employment cut-off dates which are earlier than those which applied during FY-2008.
Little if any forward movement of the cut-off dates in most Employment categories is likely until the extent of the CIS backlog of old priority dates can be determined. It is estimated that the FY-2009 Employment-based annual limit will be very close to the 140,000 minimum.
E. EMPLOYMENT VISA AVAILABILITY
Item E of the May 2008 Visa Bulletin (number 118, volume VIII) indicated that many Employment cut-off dates had been advancing very rapidly, based on indications that the Citizenship and Immigration Services (CIS) would need to review a significantly larger pool of applicants than there were numbers available in order to maximize number use under the FY-2008 annual limits. That item also indicated that if the CIS projections proved to be incorrect, it would be necessary to adjust the cut-off dates during the final quarter of FY-2008. The CIS estimates have proven to be very high resulting in: 1) the “unavailability” of all Employment Third preference categories beginning in July, 2) the “unavailability” of numbers for China and India Employment Second preference adjustment of status cases during September, and 3) the establishment of many October Employment cut-off dates which are earlier than those which applied during FY-2008.
Little if any forward movement of the cut-off dates in most Employment categories is likely until the extent of the CIS backlog of old priority dates can be determined. It is estimated that the FY-2009 Employment-based annual limit will be very close to the 140,000 minimum.
more...
imranabdullah
07-23 06:15 PM
Another issue that I think people like me mght face is if we are already in our 7th year H1B. If we want to invoke AC21 without having EAD in hand, we have to apply for H1 transfer. Now if our employer does not gove I-485 RN or I-140 approval notice, how can we apply for H1B extension?
I think that is their strategy,
don't give I-485 RN, don't give I-140 Approval notice, Don't let them apply EAD/AP.........Is there any way out of this if we want to invoke Ac21 in this case?
have you used your checks for filing of application or did your employer paid for it.
When SC cashes your check they issue receipt and put receipt number at the back of the check. thru which you could track your case and get the status by calling service center.
and possibly asking SC to issue you another receipt...
I think that is their strategy,
don't give I-485 RN, don't give I-140 Approval notice, Don't let them apply EAD/AP.........Is there any way out of this if we want to invoke Ac21 in this case?
have you used your checks for filing of application or did your employer paid for it.
When SC cashes your check they issue receipt and put receipt number at the back of the check. thru which you could track your case and get the status by calling service center.
and possibly asking SC to issue you another receipt...
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msyedy
02-05 01:30 PM
Hi,
I am a doctor from India and came to US on B1/B2 visa. I have cleared my Step1 and step2 USMLE and preparing for CS Exam. I am looking for a observership or externship oppertunity.
I applied and called a lot of places but no luck because of my visa situation. Please let me know if anyone here knows of any hospitals offering observerships for IMGs.
Thanks
There is a hospital in Brooklyn New York where one of my friend was given H1-B and he is doing his residency from there. I will let you know.
I am a doctor from India and came to US on B1/B2 visa. I have cleared my Step1 and step2 USMLE and preparing for CS Exam. I am looking for a observership or externship oppertunity.
I applied and called a lot of places but no luck because of my visa situation. Please let me know if anyone here knows of any hospitals offering observerships for IMGs.
Thanks
There is a hospital in Brooklyn New York where one of my friend was given H1-B and he is doing his residency from there. I will let you know.
more...
krishna_2001
01-13 07:19 PM
Hi: I need some help in resolving my situation. I im in the seventh year of my H1B. My I-140 got approved on April 2006 with a priority date of November 2001 date Under India EB3 Category. Since the priority dates are not current, I coulnd't file for I-485. Now, my client where I am working is offering me permanent employment on H1b and I want to know what are the options available for me without losing my previous GC status and priority dates.
1. Can I take the new employment without losing the priority dates.
2. If I lose the priority dates, can I take the employment and start the GC process again??
Your help is really appreicated to come out of the situation
1. Can I take the new employment without losing the priority dates.
2. If I lose the priority dates, can I take the employment and start the GC process again??
Your help is really appreicated to come out of the situation
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sammyb
03-20 02:54 PM
I was wondering with only 4 clean posts how could you get a red dot :) ...
and on the issue of SSN, when I first came to this country I had gone thru the same but in my case I got the card after 6 weeks of the application ... but this wait was painful ... fortunately my company provided me salary advance (or say some money in advance which they later adjusted with my salary) and I survived ...
and on the issue of SSN, when I first came to this country I had gone thru the same but in my case I got the card after 6 weeks of the application ... but this wait was painful ... fortunately my company provided me salary advance (or say some money in advance which they later adjusted with my salary) and I survived ...
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seekerofpeace
10-05 11:05 PM
that was hilarious GCN007...BTW my wife got approved to finally....
Years ago or should I say ages ago not even in the US of A but at Heathrow at the American Airlines counter (that time I was a student for MS) the lady was going thru my I-20 and was asking for additional documents et al...so I had this bunch of documents in my folder...and her eyes landed on my degree certificate...she asked me you have a degree from IIT and you couldn't get a job still ? that's why you are going for your MS....i was like well I wanted to do research....why not in India? I was like this is not even USA and this is my 2nd visit to USA (after the Christmas break in the 2nd year)....why are they asking so many questions and this is pre-9/11.....
I was like why is she harassing me....Do you have intentions of staying back in the USA after you finish your MS....I said no I plan to do my PhD in the UK...She gave me a ugly look and stamped my passport and let me go....
SoP
Years ago or should I say ages ago not even in the US of A but at Heathrow at the American Airlines counter (that time I was a student for MS) the lady was going thru my I-20 and was asking for additional documents et al...so I had this bunch of documents in my folder...and her eyes landed on my degree certificate...she asked me you have a degree from IIT and you couldn't get a job still ? that's why you are going for your MS....i was like well I wanted to do research....why not in India? I was like this is not even USA and this is my 2nd visit to USA (after the Christmas break in the 2nd year)....why are they asking so many questions and this is pre-9/11.....
I was like why is she harassing me....Do you have intentions of staying back in the USA after you finish your MS....I said no I plan to do my PhD in the UK...She gave me a ugly look and stamped my passport and let me go....
SoP
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BMS1
11-24 01:57 AM
It is really irritating to read 'i' & mba not getting capitalized, I'm typed as im, etc. Type slowly and capitalize where needed. You may be in a hurry but you are irritating potential helping people.
From the statements you have made, the following are clear.
1) You received a query (right word is RFE, start using the right word RFE) and H1-B approval in Aug.
2) Now you (three months later) are in a hurry to understand if the H1-B is approved or not.
Is that right?
For H1-B approval you must already have a job offer from an employer even before H1-B is filed. You can not want to get a job on H1-B after approval.
Try to narrate the story step by step (and type slowly and correctly). Some one will help you.
From the statements you have made, the following are clear.
1) You received a query (right word is RFE, start using the right word RFE) and H1-B approval in Aug.
2) Now you (three months later) are in a hurry to understand if the H1-B is approved or not.
Is that right?
For H1-B approval you must already have a job offer from an employer even before H1-B is filed. You can not want to get a job on H1-B after approval.
Try to narrate the story step by step (and type slowly and correctly). Some one will help you.
more...
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NKR
06-02 10:35 AM
NKR, thanks . I am considering that option.
Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?
I am sorry, I cannot help you there since I am not aware of the consequences. Please consult an attorney
Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?
I am sorry, I cannot help you there since I am not aware of the consequences. Please consult an attorney
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desi485
10-09 06:19 PM
it happened to me when everyone else had received, I was still waiting for receipts.
emailed my HR and in turn asked lawyer -> advice -> wait for 90 days. if not, then we can ask USCIS.
in ur case, already 90 days.
go ask USCIS. u may have to give them proof of UPS or FedEx receipt
emailed my HR and in turn asked lawyer -> advice -> wait for 90 days. if not, then we can ask USCIS.
in ur case, already 90 days.
go ask USCIS. u may have to give them proof of UPS or FedEx receipt
more...
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fromnaija
08-31 01:22 PM
I filed AOS during July 07 fiasco. It has been more than 15 months since the first fingerprint but I have not yet received 2nd fingerprint notice. I noticed a SLUD in May/09 but no notice. Anybody else out there who filed in July but don't have second fingerprint notice yet?
At the risk of sounding like a broken record, please read my earlier posts on re-using finger prints through the BSS (Biometrics Storage System) implemented a while back by USCIS. Only a small number of applicants will get a second FP notice. See the below for more information:
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/23795-2nd-finger-printing-notice-anyone.html#post318744
At the risk of sounding like a broken record, please read my earlier posts on re-using finger prints through the BSS (Biometrics Storage System) implemented a while back by USCIS. Only a small number of applicants will get a second FP notice. See the below for more information:
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/23795-2nd-finger-printing-notice-anyone.html#post318744
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kirupa
01-04 12:10 PM
SirDuke - unless it is a library that comes as a part of a Flash install, then no.
:)
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shivarajan
02-11 03:37 PM
my advice (from my experience)..if u do USPS Priority (India postal employee deliver it for sure), and chances r high that u may receive it in OPENED, MISSING, LOST (part of docs) state (we had this multiple times from different locations)
Strongly suggest NOT to use Priority unless u have had firsthand good experience!
Using USPS express was little different, fast, and prompt (guess they use some special delivery layer) :mad:
Strongly suggest NOT to use Priority unless u have had firsthand good experience!
Using USPS express was little different, fast, and prompt (guess they use some special delivery layer) :mad:
asanghi
07-17 05:47 PM
I started another thread with heading "Thank You IV" for reminding members to contribute. It seems this thread is already doing the same.
Moderater Please merge these threads.
Moderater Please merge these threads.
snathan
09-17 09:11 AM
Yesterday my employer received notice that my co-workers I-140 was denied and when she went home she received denial notice for her I-485 too. She filed EB2 concurrent.
why your co-workers 140 was denied. Is it sub labour or she is the primary ?.
Thanks
why your co-workers 140 was denied. Is it sub labour or she is the primary ?.
Thanks
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