smisachu
01-02 02:09 AM
See my answers below. Best of Luck!!
My new year begins with another immigration issue..need some urgent advice.
My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.
My wife has an Advance Parole document and EAD based on my I-485 application.
Can you suggest options for her?
1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
Yes she can. She need not respond and can travel back on AP. However consult an attorney on how to withdraw the visa application, so the record is straight.
2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
Yes. AP and H1 have no relation to each other. She has an approved H1, so she can enter on AP and still work on H1. This is valid if she withdraws her H1 stamping application, if the visa gets rejected-consult an attorney about the use of H1 after rejection.3. Any other options/advice?[/QUOTE]
My new year begins with another immigration issue..need some urgent advice.
My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.
My wife has an Advance Parole document and EAD based on my I-485 application.
Can you suggest options for her?
1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
Yes she can. She need not respond and can travel back on AP. However consult an attorney on how to withdraw the visa application, so the record is straight.
2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
Yes. AP and H1 have no relation to each other. She has an approved H1, so she can enter on AP and still work on H1. This is valid if she withdraws her H1 stamping application, if the visa gets rejected-consult an attorney about the use of H1 after rejection.3. Any other options/advice?[/QUOTE]
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sunny1000
11-14 01:24 PM
My wife's EAD has not yet been approved. It has been 92 days since the receive date. We had an infopass appointment today. I did not apply for EAD.
The officer we met with mentioned that the EAD is issued only after the biometrics are done. I highly doubt this is the norm. Our FP is scheduled for Nov 21st. he said that the service center will electronically send the photo/fp to nebraska. Only then can I expect to see any movement on the EAD application.
I have heard that your FP/biometrics does not have anything to with EAD. However, this officer gave us information that is totally contrary to what we have seen in recent times. He mentioned that this is the latest procedure. He suggested that we should schedule another infopass appointment only If we do not get the EAD 3-4 weeks after the biometrics.
Any inputs from people with similar experience?
Biometrics is not needed for EAD. I received mine with "NO fingerprint available" marked on the card. Please call them back or get another infopass and this time, you might be lucky to talk to somone who knows what they are saying. Or just may be, they changed the rule on the fly a few days ago regarding biometrics and EAD.
The officer we met with mentioned that the EAD is issued only after the biometrics are done. I highly doubt this is the norm. Our FP is scheduled for Nov 21st. he said that the service center will electronically send the photo/fp to nebraska. Only then can I expect to see any movement on the EAD application.
I have heard that your FP/biometrics does not have anything to with EAD. However, this officer gave us information that is totally contrary to what we have seen in recent times. He mentioned that this is the latest procedure. He suggested that we should schedule another infopass appointment only If we do not get the EAD 3-4 weeks after the biometrics.
Any inputs from people with similar experience?
Biometrics is not needed for EAD. I received mine with "NO fingerprint available" marked on the card. Please call them back or get another infopass and this time, you might be lucky to talk to somone who knows what they are saying. Or just may be, they changed the rule on the fly a few days ago regarding biometrics and EAD.
morpheus
04-02 09:44 PM
So if (for example) an H1B worked in the US for a few weeks before their visa became available, are they technically eligible for this? Or perhaps they were out of status for a week or two between jobs? I'm sure many H1's might have been in this situation. It's unclear who this applies to.
I just read the Specter amendments to 2454 and I can't see where in 218D or 602 it says the alien must have been here illegally. Can someone quote that part? All I can see is this requirement in 601.
`(1) PRESENCE; EMPLOYMENT.--The alien establishes that the alien--
``(A) was physically present in the United States before January 7, 2004; and
``(B) was employed in the United States before January 7, 2004, and has been employed in the United States since that date.
I read one summary of the bill that claims 'The alien also must acknowledge, under oath, that the alien is unlawfully present and subject to removal or deportation.' but this is at the time of application - not in the past. So technically this could still apply to many people. I haven't been able to find this clause in the actual bill though.
From what I have read, if this bill passes it may just turn out that an H1B could quit their employer tomorrow, go and join another employer without filing an H1 transfer and file under 218D in the next year. Since they are technically eligible for 218D at this point, they could move straight to a green card without the current massive backlogs. Also, the 218D status has job mobility, and no LCA is required.
Can anyone refute this?
I just read the Specter amendments to 2454 and I can't see where in 218D or 602 it says the alien must have been here illegally. Can someone quote that part? All I can see is this requirement in 601.
`(1) PRESENCE; EMPLOYMENT.--The alien establishes that the alien--
``(A) was physically present in the United States before January 7, 2004; and
``(B) was employed in the United States before January 7, 2004, and has been employed in the United States since that date.
I read one summary of the bill that claims 'The alien also must acknowledge, under oath, that the alien is unlawfully present and subject to removal or deportation.' but this is at the time of application - not in the past. So technically this could still apply to many people. I haven't been able to find this clause in the actual bill though.
From what I have read, if this bill passes it may just turn out that an H1B could quit their employer tomorrow, go and join another employer without filing an H1 transfer and file under 218D in the next year. Since they are technically eligible for 218D at this point, they could move straight to a green card without the current massive backlogs. Also, the 218D status has job mobility, and no LCA is required.
Can anyone refute this?
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swo
07-16 02:28 PM
How can you say that ? Please explain
Murali
Dude. He was joking.
Murali
Dude. He was joking.
more...
BECsufferer
09-03 09:09 AM
Congrats to 12/2004 PD holders.
Unfortunatly for me and my wife, it appears we will be missing this window of opportunity. Just happened to have filed an AP for her. F&$k USCIS:mad:
Unfortunatly for me and my wife, it appears we will be missing this window of opportunity. Just happened to have filed an AP for her. F&$k USCIS:mad:
sheela
10-05 09:58 AM
Recently a friend of mine hot has GC approved. He is EB2, PD Dec 2005.
Nothing makes sense.
Thanks
Senthil
hi, Do you know: How recent, which nationality, when was his/her aos filed
Nothing makes sense.
Thanks
Senthil
hi, Do you know: How recent, which nationality, when was his/her aos filed
more...
onemorecame
06-25 02:51 PM
send new again. anyways first one is going to come back.
Why he sent before date?
Guru's Is it right that after filling 485, USCIS will process application according to PD(2003,2004,2005 like that) ?
or USCIS will process application with the date 485 application received?
or i am missing something over here.
Thanks
Why he sent before date?
Guru's Is it right that after filling 485, USCIS will process application according to PD(2003,2004,2005 like that) ?
or USCIS will process application with the date 485 application received?
or i am missing something over here.
Thanks
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fundo14
10-15 03:30 PM
Verify your G-325 application form properly especially the employment history you provided. My wife also got the similar RFE early this year due to technical error that we made in G325 form. (My wife applied for H1 but she did not worked through that company mean while she got her EAD then started working for another company, Which voided H1-B, In G-325 we mentioned that she was working from July 2007 but her H1 is valid from October so Officer might have thought that she worked illegally for 3 months) .
We provided w2's, pay stubs and amended G325 etc to prove that she did not worked on her H1 or illegally.
Hope this helps you.
Thanks mailmy_gc.
We verified the submitted G325, all the info related to my work in US is up to date, only thing i can think of is that i missed filling the portion where it asks about details on Last employment abroad. I have filled that part as well now.
As per my attorney, it could also be that they might have misplaced my G325, hence asking for all this info.
what was the outcome of your response? everything went well after that, they accepted the response?
Thanks!
We provided w2's, pay stubs and amended G325 etc to prove that she did not worked on her H1 or illegally.
Hope this helps you.
Thanks mailmy_gc.
We verified the submitted G325, all the info related to my work in US is up to date, only thing i can think of is that i missed filling the portion where it asks about details on Last employment abroad. I have filled that part as well now.
As per my attorney, it could also be that they might have misplaced my G325, hence asking for all this info.
what was the outcome of your response? everything went well after that, they accepted the response?
Thanks!
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ibbu_arif
11-17 05:21 PM
Thanks "LostinGCProcess" { I apologize to call you by your userID :) }
This give me confidence to travel even if I don't get my AP approved.
I actually posted one more post asking my concerns about multiple security checks
http://immigrationvoice.org/forum/showthread.php?t=22443
Can you please advise what in your opinion is the best thing to do.
I know the security clearance timeframe is unknown, but how long does the PIMS check take?
This give me confidence to travel even if I don't get my AP approved.
I actually posted one more post asking my concerns about multiple security checks
http://immigrationvoice.org/forum/showthread.php?t=22443
Can you please advise what in your opinion is the best thing to do.
I know the security clearance timeframe is unknown, but how long does the PIMS check take?
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mbawa2574
07-17 04:06 PM
These are government matters and you can only speculate based on information that comes out through unofficial resources. Looks like we have good resources for this information. Please wait for the official announcement.
more...
logiclife
01-05 05:07 PM
As of yesterday, there was a collection of $5000. We need much more than that.
The details of contributions and fund-raising can be found at the "Why Contribute" link of the home page.
http://www.immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25
Everything here is transparent. Please sign up as volunteer so we can have you more involved besides receiving money. That will also build your trust and in return your volunteer work will help everyone too.
logiclife.
The details of contributions and fund-raising can be found at the "Why Contribute" link of the home page.
http://www.immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25
Everything here is transparent. Please sign up as volunteer so we can have you more involved besides receiving money. That will also build your trust and in return your volunteer work will help everyone too.
logiclife.
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Raju
04-09 03:39 PM
Friends,
I am working for company A and I have offer from Company B, I thinking of my options, Here is my situation
1. I have approved I140 > 180 days in actually 300 days
2. I have approved EAD
3. mine is labor transfer case and I used an existing labor that matched my job profile
4. Company B is ready to hire me in the same/similar role and are ready to give AC21 employment letter with same details as in my labor.
5. I have approved copy of my labor that was transferred and all other copies related to my case like I140, I485 application and Advance parole etc,....
Please give me some guidance on if I should be accepting the offer from Company B, I am concerned because my labor was transferred from another employee. I have worked for company A for nearly 4 years now and my GC is in process for almost 4 years, labor switch was done like 2 years ago.
Based on this explanation do you see any risk and am I missing anything here, in terms of getting specific documentation from company A application..
please help
I think you are in good shape here
I am working for company A and I have offer from Company B, I thinking of my options, Here is my situation
1. I have approved I140 > 180 days in actually 300 days
2. I have approved EAD
3. mine is labor transfer case and I used an existing labor that matched my job profile
4. Company B is ready to hire me in the same/similar role and are ready to give AC21 employment letter with same details as in my labor.
5. I have approved copy of my labor that was transferred and all other copies related to my case like I140, I485 application and Advance parole etc,....
Please give me some guidance on if I should be accepting the offer from Company B, I am concerned because my labor was transferred from another employee. I have worked for company A for nearly 4 years now and my GC is in process for almost 4 years, labor switch was done like 2 years ago.
Based on this explanation do you see any risk and am I missing anything here, in terms of getting specific documentation from company A application..
please help
I think you are in good shape here
more...
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sumansk
07-16 01:10 PM
Thanks for the update..But the 'bueatifulmind' cannot 'waitendless':D
tattoo Power (Wind Generators
americandesi
04-13 02:58 PM
I was in this situation few years back. I was on bench for 8 months (not paid). I chose not to reply to the DOL letter. I feared that accepting that I was on bench for 8 months will make you out of status.
Every time you go for H1 revalidation, you will be asked were you out of status any time.
Later I have done 3 H1 revalidations (Canada), no problems. If sending reply is not mandatory then keep quiet. Six months later my employer filed for bankruptcy.
Not getting paid on bench for >180 days has serious consequences during the adjudication of I-485. Read the following thread
http://immigrationvoice.org/forum/showthread.php?t=6205
Every time you go for H1 revalidation, you will be asked were you out of status any time.
Later I have done 3 H1 revalidations (Canada), no problems. If sending reply is not mandatory then keep quiet. Six months later my employer filed for bankruptcy.
Not getting paid on bench for >180 days has serious consequences during the adjudication of I-485. Read the following thread
http://immigrationvoice.org/forum/showthread.php?t=6205
more...
pictures Wind energy systems use the
India76
07-17 06:25 PM
India76,
U have till Aug 17th to file AOS. U can go to india and come back before AUG 17 to file
is it official that we can file till August 17th? i didn't see that in august bulletin. please let me know as you know how important is that..... Well its timing...
U have till Aug 17th to file AOS. U can go to india and come back before AUG 17 to file
is it official that we can file till August 17th? i didn't see that in august bulletin. please let me know as you know how important is that..... Well its timing...
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WillIBLucky
05-30 01:52 PM
Please see my previous post. I am talking about the new system which does not have the EB1/2/3 classification. Please do not confuse it with the existing system. Also under the new system you have 6 points for employer recommendation and 10 points for experience. So 1st year employees may not get either an employer recommendation or any points for work experience.
Yes I know, but aren't we concerned about the current people who are waiting than the future people who are going to come.
I was talking about the current people who are panicking. If it does not make sense..ignore my post. :)
Yes I know, but aren't we concerned about the current people who are waiting than the future people who are going to come.
I was talking about the current people who are panicking. If it does not make sense..ignore my post. :)
more...
makeup GE Energy - Wind Turbines
gsc999
07-17 02:38 PM
http://blogs.ilw.com/gregsiskind/2007/07/immigration-v-1.html#comment-76176292
--
I couldn't help post a reply. I was trying not to add to the buzy server traffic.
Isn't it amazing, thousands of people are waiting with bated breath for the USCIS update news and some idiot opens a new threads to start a baseless rumor. And claims that news comes from Greg. This so called news as it turns out is a comment by some troll "south" on Greg's website.
Our friend here who opened this thread fails to even see the connection between the id handle "south" and his post" going south." Honestly, things like this make you wonder, how can such people call themselves highly skilled.
--
I couldn't help post a reply. I was trying not to add to the buzy server traffic.
Isn't it amazing, thousands of people are waiting with bated breath for the USCIS update news and some idiot opens a new threads to start a baseless rumor. And claims that news comes from Greg. This so called news as it turns out is a comment by some troll "south" on Greg's website.
Our friend here who opened this thread fails to even see the connection between the id handle "south" and his post" going south." Honestly, things like this make you wonder, how can such people call themselves highly skilled.
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mchundi
02-23 06:01 PM
Here is my honest opinion.... you guys need to highlight the fact that IV is equlally concerned about PBEC issue. This is what i have heard and read from a lot of folks... Just to let u guys know that even my app is stuck with PBEC..
Sorry that u r stuck at PBEC. It is more than 4 months since i tuned into labor forums. Is there any progress at PBEC? Has the RIR Q moved to mid 2002 consistantly? Earlier Non RIR Q was ahead. Is this still the case?
I can understand those without labor not coming fully forward.
U must understand that it will be 4-6 months atleast by the time we see the fruits of any new law, but if we miss this chance, the options are very bleak. Here is why.
If u dont get any relief now, there will be none for may be another couple of years.
There are enough aspirants that can consume this years and next years quota whose PD is in 2002 for some countries like INDIA (even for Eb2). Dont be fooled by the forward movement of PD now.
The way the USCIS works and the way priority date moves, u will see some forward movement till sep' 06 and again they will move back a couple of years. For those who come out of labor process from PBEC the situation is no different than it is today, if u cant file I-485 and get portability. U will be even more dissapointed.
--MC
Sorry that u r stuck at PBEC. It is more than 4 months since i tuned into labor forums. Is there any progress at PBEC? Has the RIR Q moved to mid 2002 consistantly? Earlier Non RIR Q was ahead. Is this still the case?
I can understand those without labor not coming fully forward.
U must understand that it will be 4-6 months atleast by the time we see the fruits of any new law, but if we miss this chance, the options are very bleak. Here is why.
If u dont get any relief now, there will be none for may be another couple of years.
There are enough aspirants that can consume this years and next years quota whose PD is in 2002 for some countries like INDIA (even for Eb2). Dont be fooled by the forward movement of PD now.
The way the USCIS works and the way priority date moves, u will see some forward movement till sep' 06 and again they will move back a couple of years. For those who come out of labor process from PBEC the situation is no different than it is today, if u cant file I-485 and get portability. U will be even more dissapointed.
--MC
hairstyles Historically, wind turbines
a_paul1
03-30 01:48 PM
If no, you deserve this and rot in hell.
How in the world did you get so many greens??
You have done your bit. Great! But that doesnt mean everyone has to believe in what you believe. You are acting as if you made a mistake by contributing to IV because other people are not contributing and that is frustrating to you. Please don't think you are doing a favor to anybody by contributing to IV. You are doing it for your own benefit. If somebody doesn't want to contribute, that's fine. Nobody needs a preaching here.
Contributing to IV is not the only possible contribution that a person may make to this world.
How in the world did you get so many greens??
You have done your bit. Great! But that doesnt mean everyone has to believe in what you believe. You are acting as if you made a mistake by contributing to IV because other people are not contributing and that is frustrating to you. Please don't think you are doing a favor to anybody by contributing to IV. You are doing it for your own benefit. If somebody doesn't want to contribute, that's fine. Nobody needs a preaching here.
Contributing to IV is not the only possible contribution that a person may make to this world.
gc_bulgaria
02-23 08:38 PM
If we're forced to see the glass half full, delayed 140 processing may actually be good for some people who are about to be laid off and whose 140 is on shaky grounds. It might just buy'em some more time to switch employers and figure out alternatives.
Maverick_2008
Ummm, how exactly is delayed I 140 good if they are about to be laid off? To be able to use AC21 these guys need need their I 140 approved and have worked for the employer 6 months after receipt date.
I don't see the logic in your statement.
Maverick_2008
Ummm, how exactly is delayed I 140 good if they are about to be laid off? To be able to use AC21 these guys need need their I 140 approved and have worked for the employer 6 months after receipt date.
I don't see the logic in your statement.
ilikekilo
04-22 02:06 PM
Hi, This is my first post here and I need some guidance regarding new-H1 under FY2010 quota.
--One of my friend told me about this company in Chicago who is doing H-1s and apparently the quota is not over yet. I am in India and
--Is it advisable to get my H01 filed at this time?
--What if the USCIS asks client letters? They said, the company will take care of it if that happens -- is that even legal to say that?
--What is the probably the CAP will be met by that time they file my H-1 in the next 2 weeks? And am not sure if the attorney returns the money in that case.
Please suggest. Thanks
my 2 cents
Please be mindful if you are applying from home thru' so called consultancies. I have seen (not heard) enough cases being abused...
bottomline, dont fall for something if it sounds too good to be true. you dont want to become a statistic! good luck..
last but not least, its really bad out here..so dont jump the ship just yet
--One of my friend told me about this company in Chicago who is doing H-1s and apparently the quota is not over yet. I am in India and
--Is it advisable to get my H01 filed at this time?
--What if the USCIS asks client letters? They said, the company will take care of it if that happens -- is that even legal to say that?
--What is the probably the CAP will be met by that time they file my H-1 in the next 2 weeks? And am not sure if the attorney returns the money in that case.
Please suggest. Thanks
my 2 cents
Please be mindful if you are applying from home thru' so called consultancies. I have seen (not heard) enough cases being abused...
bottomline, dont fall for something if it sounds too good to be true. you dont want to become a statistic! good luck..
last but not least, its really bad out here..so dont jump the ship just yet
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