kumar1
08-04 09:12 AM
Myht 1: If I-485 gets denied I have H1-B to as a back up.
Think of this - you get AP and EAD based on pending I-485. Similarly, you get H1-B extension beyond 6 years based on your pending green card process. Once your I-485 is denied, your AP, EAD and extended H-1, all are gone at once. Yes, extended H1-B is no longer valid after that. You simply can not fall back on that.
Myth2 : I want to continue on H1-B even after getting EAD, I feel safer.
Think again. Suppose you came to the US in 2004. In 2007 during the visa gate scandal, you filed your I-485 and got EAD. At that point of time, you had two options. You could have continued H1-B or changed over to EAD. Person A changed to EAD. Well, once he changed to EAD his clock of "Time spent on H1-B" stops right there. Come 2010, if his I-485 gets denied, he still has 3 years of H1-B left and he can use it till 2013.
Person B decided to continue using H1-B after 2007 and kept his EAD as backup. Same thing happened, his I-485 got rejected in 2010. He can not go back to H1-B. He has utilized H1-B for all 6 years and he can not get it extended without going out of the US for one year.
So by keep EAD for "in case I-485 goes south" and using H1-B, you are killing your options. If someone has a choice between EAD and H1-B, he should use EAD.
Gurus.....any comments?
Think of this - you get AP and EAD based on pending I-485. Similarly, you get H1-B extension beyond 6 years based on your pending green card process. Once your I-485 is denied, your AP, EAD and extended H-1, all are gone at once. Yes, extended H1-B is no longer valid after that. You simply can not fall back on that.
Myth2 : I want to continue on H1-B even after getting EAD, I feel safer.
Think again. Suppose you came to the US in 2004. In 2007 during the visa gate scandal, you filed your I-485 and got EAD. At that point of time, you had two options. You could have continued H1-B or changed over to EAD. Person A changed to EAD. Well, once he changed to EAD his clock of "Time spent on H1-B" stops right there. Come 2010, if his I-485 gets denied, he still has 3 years of H1-B left and he can use it till 2013.
Person B decided to continue using H1-B after 2007 and kept his EAD as backup. Same thing happened, his I-485 got rejected in 2010. He can not go back to H1-B. He has utilized H1-B for all 6 years and he can not get it extended without going out of the US for one year.
So by keep EAD for "in case I-485 goes south" and using H1-B, you are killing your options. If someone has a choice between EAD and H1-B, he should use EAD.
Gurus.....any comments?
wallpaper The Tsunami of 2004
webm
08-23 04:38 PM
Every 485 applicant will get FP (Biometric) notices...this is a mandatory step to get GC...
senthil
02-05 09:52 AM
sometime's if they need to do some background-investigation to get more info on your visa status / educational background / name check or what-ever for no-reason etc , they just place you in this status. the tricky thing is do never know how long the wait is. ive heard / read some people have to wait in months for no reason. you should be happy that you received it in 2 weeks.
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dpsg
04-09 12:45 PM
You put it in excellent words. Hopefully we see more diversity in future &
concerted effort to get to it.
The IV is about issues/problems of employment based immigrants, and the goal is to get support as much as possible from every corner in this country to further the cause. Everyone who supports this cause fit in to some category (within legal limits - pro, anti, this group, that lobby, this ethincity, that nationality, etc.), and that does not mean we are promoting something or have preferences for a group. In my opinion any support (with in the legal framework) to the cause of IV from any corner in this country is welcome and should be appreciated.
concerted effort to get to it.
The IV is about issues/problems of employment based immigrants, and the goal is to get support as much as possible from every corner in this country to further the cause. Everyone who supports this cause fit in to some category (within legal limits - pro, anti, this group, that lobby, this ethincity, that nationality, etc.), and that does not mean we are promoting something or have preferences for a group. In my opinion any support (with in the legal framework) to the cause of IV from any corner in this country is welcome and should be appreciated.
more...
Jeff Wheeler
03-18 03:00 PM
What do you think it implies? I think what makes it so interesting is the fact that its a little controversial and actually makes you think.
Not sure I can really go into it without breaking the rules of this forum.
Not sure I can really go into it without breaking the rules of this forum.
leoindiano
09-19 11:40 AM
I want to thank this european who got his greencard 2 weeks back but still attended the rally. There may be more heroes like this. I was in a group of people when we spoke to him, didnt catch his name as i was encouraging bypassers to honk their cars to support our cause.
He is over 6 foot, in immigration voice t-shirt and blue jeans. He is swedish...Please share his name if anybody knows....
He is over 6 foot, in immigration voice t-shirt and blue jeans. He is swedish...Please share his name if anybody knows....
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doknek
06-20 11:41 AM
as usual no email from GA chapter.
Same here. GA chapter google groups member
Same here. GA chapter google groups member
2010 When the tsunami hit,
ItIsNotFunny
12-17 09:45 AM
My 6th year H1B is expiring on April 28, 2008. I applied labor through PERM on October 2, 2007. I got the audit letter on December 3, 07. This audit letter does not state anything about the issue of the audit letter. However, the sentence �The job duties and/ or requirements are beyond those defined for the job by SOC/ O*Net code an Occupation Title provided by the State Workforce Agency� is highlighted in this letter. The letter also request for Business Necessity Letter and Recruitment Report. My case is the EB2 case for a Project Manager position with a minimum of 2 years working experience. A couple of programs and knowledge in the field are also required for this position. At the recruitment times, there are no applicants applied to this position. The company has approximately 16 employees including me.
I�m very confused and not sure what to do because my lawyer refused to answer any question. In my case that the Labor Certification is still pending (under audit) and my H1B is expiring in April, I wonder if I should start taking vacation now or go to work in another country for approximately 6-7 months and come back later to use the rest of my H1B until October 2, 08 to meet 365 days period? After October 2, 08, I can then start filing the H1B Extension for 1 year. Or should I wait until my I-140 approved and come back around October 2, 08 and do the H1B Extension for another 3 years? Or should I stay in US until April, 08 and take vacation until October, 08 and then comeback around October, 08 to file H1B extension? Also, do I still have to be employ full time with my current employer during this whole period? Can the job only be part time? Also, do I have to get pay the whole time from my current US employer during this whole period? Thank you very much for your help.
Most of the EB2 in my company in last few month are under audit at present. What is going on?
I�m very confused and not sure what to do because my lawyer refused to answer any question. In my case that the Labor Certification is still pending (under audit) and my H1B is expiring in April, I wonder if I should start taking vacation now or go to work in another country for approximately 6-7 months and come back later to use the rest of my H1B until October 2, 08 to meet 365 days period? After October 2, 08, I can then start filing the H1B Extension for 1 year. Or should I wait until my I-140 approved and come back around October 2, 08 and do the H1B Extension for another 3 years? Or should I stay in US until April, 08 and take vacation until October, 08 and then comeback around October, 08 to file H1B extension? Also, do I still have to be employ full time with my current employer during this whole period? Can the job only be part time? Also, do I have to get pay the whole time from my current US employer during this whole period? Thank you very much for your help.
Most of the EB2 in my company in last few month are under audit at present. What is going on?
more...
JunRN
09-21 04:45 PM
Yes! If there's nothing wrong in your EAD application (which should be none because USCIS received it), expect to receive your EAD approval on the third to last week of October.
NSC is already approving July 2 EAD applications as of the moment; therefore, your case is very near.
NSC is already approving July 2 EAD applications as of the moment; therefore, your case is very near.
hair odies
ganguteli
03-16 01:44 PM
Stop advertising a lawyer. I find him very speculative. He wants everyone to come to his site and you are falling for it.
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kevinkris
10-06 07:58 PM
It's good that indian american is heading the bailout which is by far the largest government intervention of free markets in the history.
It's bad that 6 family members were died. He should have filed bankruptcy and head back to india atleast. MBA in Finance would definitely will get him a good job. May god rest their soles in peace.
It's really unfortunate.
Everybody has troubles, See people in somalia and other places. They don't have anything to eat also. They are surviving for their livelihood. If there is a legitimate cause for a suicide then it's OK. And even he doesn't have right to kill other members in the family. Period.
And i don't see any suspicious activity that outsider killed them as that person is out of job from 6 months.
Any thoughts?
It's bad that 6 family members were died. He should have filed bankruptcy and head back to india atleast. MBA in Finance would definitely will get him a good job. May god rest their soles in peace.
It's really unfortunate.
Everybody has troubles, See people in somalia and other places. They don't have anything to eat also. They are surviving for their livelihood. If there is a legitimate cause for a suicide then it's OK. And even he doesn't have right to kill other members in the family. Period.
And i don't see any suspicious activity that outsider killed them as that person is out of job from 6 months.
Any thoughts?
hot The ody of a victim from
browncow
04-14 02:20 PM
congrats. enjoy the freedom.
more...
house indonesia tsunami bodies.
pappu
03-31 10:49 AM
Action Alert: Please give your 1 minute to IV for media work
Please click the link below
http://immigrationvoice.capwiz.com/immigrationvoice/issues/?style=D& Under the media section, please click on the first item: Highly Skilled Professionals Call on Congress to Pass Green Card Reforms
http://capwiz.com/immigrationvoice/issues/alert/?alertid=38882501
Enter your zipcode, select the local and national newspapers you want to send this message to and hit go.
Please help post this press release to media so that they become aware of our issues and can reach out to us for any coverage or information about this issue.
Please click the link below
http://immigrationvoice.capwiz.com/immigrationvoice/issues/?style=D& Under the media section, please click on the first item: Highly Skilled Professionals Call on Congress to Pass Green Card Reforms
http://capwiz.com/immigrationvoice/issues/alert/?alertid=38882501
Enter your zipcode, select the local and national newspapers you want to send this message to and hit go.
Please help post this press release to media so that they become aware of our issues and can reach out to us for any coverage or information about this issue.
tattoo odies of tsunami victims
gc_chahiye
12-09 04:02 PM
... Was your MS Certification in your country of birth or in USA? And if it is not in uSA did you get it evaluated in USA and have submitted evaluation cert copy along with your application?
all that stuff comes in at I-140 stage. During PERM/LC they dont care about his qualifications, its the job that is being certified.
See the audit questions again, all relate to justifications that the requirements are really needed for the job advertised. ie. when the job ad said MS+2 Years is needed, DOL wants to know why this job requires MS+2 Years of experience. His lawyer is right, a more conservative approach to job requirements (MS+0 or BS+5 for EB2 is much more easier to defend). As you increase the minimum job requirements, it reduces the pool of available candidates who can apply for the job. DOL wants to make sure the minimum requirements are really valid, and not set artificially high simply to reduce the pool of candidates.
Basically your LC sponsor needs to be able to justify all requirements posted for the job (education, experience, specific skills) else you can be in trouble.
all that stuff comes in at I-140 stage. During PERM/LC they dont care about his qualifications, its the job that is being certified.
See the audit questions again, all relate to justifications that the requirements are really needed for the job advertised. ie. when the job ad said MS+2 Years is needed, DOL wants to know why this job requires MS+2 Years of experience. His lawyer is right, a more conservative approach to job requirements (MS+0 or BS+5 for EB2 is much more easier to defend). As you increase the minimum job requirements, it reduces the pool of available candidates who can apply for the job. DOL wants to make sure the minimum requirements are really valid, and not set artificially high simply to reduce the pool of candidates.
Basically your LC sponsor needs to be able to justify all requirements posted for the job (education, experience, specific skills) else you can be in trouble.
more...
pictures Tsunami Hits Indonesian Java
lostinbeta
01-03 12:28 PM
Oh Please... no more shakespeare :hangover: I hated his stuff in school, there is no reason I can't hate his stuff now. Too much thinking involved... thinking is bad!!!!
dresses Tsunami mass grave with 15.000
GCKarma
06-14 06:33 PM
Gurus,
I�m bachelor. I�m planning to get married in another 6 months. Should I apply for I-485? If I should, can I add my spouse later to the I-485 application before I-485 is approved and priority date is not current. :confused:
I�m bachelor. I�m planning to get married in another 6 months. Should I apply for I-485? If I should, can I add my spouse later to the I-485 application before I-485 is approved and priority date is not current. :confused:
more...
makeup Members of the Indonesian
Pallavi79
02-17 01:31 AM
Being a projct manager, If you cannot influence people to get letter that satisfy the uscis, I will not recommand you for PM.
FYI, my lc is related to testing. but I am not in testing. so If I need a letter, I will ask them whaterver they want to write + testing. probalby you can do the same.
FYI, my lc is related to testing. but I am not in testing. so If I need a letter, I will ask them whaterver they want to write + testing. probalby you can do the same.
girlfriend Bodies lie in the tsunami-hit
pappu
11-30 12:55 PM
Lets not deligate things to others. What ever you feel will help IV and the problem of retrogression, just go ahead and do it and post a note here so as to encorage others to come with similar ideas.
WillIBLucky, Thanks for your initiatives. would you like to collect email ids of all members and organize a confrence call to activate the state chapter? This will start the chapter activities and members can start working together with the action items. Post your name, email and phone on the thread so that all members can contact you.
WillIBLucky, Thanks for your initiatives. would you like to collect email ids of all members and organize a confrence call to activate the state chapter? This will start the chapter activities and members can start working together with the action items. Post your name, email and phone on the thread so that all members can contact you.
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jetflyer
06-13 01:27 PM
You have to stick to Software Engineer field in order to take advantage of PD recapture. If you move to Business Development using MBA than its hard to justify same or similar. Find a new job which requires EB2 and show BS+5 to qualify.
Hope that helps!
Hope that helps!
dewdrop
07-19 03:31 PM
Another thought i had was...Before all of us june,july,august folks land up in the blackhole of FBI namechecks...Can we lobby for some kind of transparency?What in the world can make them take 4 yrs to check a persons name?Can they at least maintain a website that they update as and when a name check is completed...Please core and members,do something about this...something as effective as the campaign to accept july applicants!!while they are overhauling the system let them get it right all the way!!
horus
10-12 11:49 AM
Your status is in no way tied to the validity of your passport. Making I94 expire with passport is not legally justified. I know two friends who have I94s expiring beyond their passport expiration date. Also, last time I extended my H1B, the I94 they sent expired 11 months after my passport expiration.
But as is usual with USCIS and CBP, different agents behave differently. Some give you I94 expiring 10 days after H1B, some the same day. They are rarely consistent.
If you think USCIS is crazy, wait till you try renewing your driver's license. Regular state DMV employees are expected to be well versed on immigration matters?!? Huh, what a joke...
A passport is a travel document. If it expires, it does not mean you lost your nationality or status, it just means you cannot travel. Imagine if visa stamps expired with passports too...
Fact: legislators and bureaucrats do not really care. They set fairly arbitrary rules, to justify why they are getting their salaries (which we are paying).
But as is usual with USCIS and CBP, different agents behave differently. Some give you I94 expiring 10 days after H1B, some the same day. They are rarely consistent.
If you think USCIS is crazy, wait till you try renewing your driver's license. Regular state DMV employees are expected to be well versed on immigration matters?!? Huh, what a joke...
A passport is a travel document. If it expires, it does not mean you lost your nationality or status, it just means you cannot travel. Imagine if visa stamps expired with passports too...
Fact: legislators and bureaucrats do not really care. They set fairly arbitrary rules, to justify why they are getting their salaries (which we are paying).
