dwhuser
06-15 01:02 PM
My husband is the primary applicant for our GC application and he's on bench since Feb 2009. We have valid EAD and AP's. We are planning to travel using our AP for a 3 week visit to India. He still has a valid H1B, since his payroll is not running for the last 4 months his employer suggested him to move into his EAS status. When we asked the attorney if we need to apply somewhere to move to EAD status from H1B he said we donot need to.
Our question....Is it sensible to travel on AP him being unemployed?
Our question....Is it sensible to travel on AP him being unemployed?
kviswanathan
08-20 10:57 PM
still waiting
ImmiLosers
12-23 06:14 PM
Hi,
Can I apply for AC 21 and H1B Transfer (to the new employer) together so that I can maintain my H1 status plus EAD/AP?
Can I apply for AC 21 and H1B Transfer (to the new employer) together so that I can maintain my H1 status plus EAD/AP?
GCInThisLife
07-18 05:14 PM
I have some more docs about 485 standard op process, AC21 relief, 485 interview waiver, filing guidelines for EB based immigration petition etc.. but not able to upload. they do fall under max size limits.. Any hints..
more...
abhi_jais
12-03 02:59 PM
A friend of mine has got 221G from the New Delhi consulate. He works directly for the company there is no client involved here. The consulate has requested the details of every single employee of the company along with their immigration status. My friend is trying to get that information from the employer.
Any suggestion at this point????
Any suggestion at this point????
GCeffect
02-09 02:38 PM
Because Company C and A have different FED TAX ID. so they are considered as different business......
I didn't raise any question beacuse both the company was ran under the same roof.
During the PERM the company C was not mentioned in the form. But was under H1b in that time for company C. After getting the PERM approval from Company A. I move my h1b from company C to company A. But I have something written from Company C that although i was employed by company C, but my payroll was being processed by Company A.
Pelase response
If Company A and C are related business entities, why H1-B transfer was needed from C to A.
>> So even i was working with the company C, my payroll was under Company A.
When you were getting paycheck from A, did you raise this issue?
Did you put this information in Employment History for I-485? What was your last entry into USA?
_______________________
Not a legal advice.
US Citizen of Indian Origin
I didn't raise any question beacuse both the company was ran under the same roof.
During the PERM the company C was not mentioned in the form. But was under H1b in that time for company C. After getting the PERM approval from Company A. I move my h1b from company C to company A. But I have something written from Company C that although i was employed by company C, but my payroll was being processed by Company A.
Pelase response
If Company A and C are related business entities, why H1-B transfer was needed from C to A.
>> So even i was working with the company C, my payroll was under Company A.
When you were getting paycheck from A, did you raise this issue?
Did you put this information in Employment History for I-485? What was your last entry into USA?
_______________________
Not a legal advice.
US Citizen of Indian Origin
more...
boreal
09-03 03:44 PM
Hello Folks,
I also read, if there was a pending EAD renewal, your case might get looked at and instead of renewing your EAD, USCIS will rather give you GC - provided PD is current and there are no other issues.
The USCIS systems are not that sophisticated as we think they are.
For me, I have opened an SR on Aug 4, got CPO on Aug 11, then the SR response came on Aug19 saying that my GC has been approved :)
...and wait there's more!
Aug 13 or so, they approved my pending EAD, this after approving GC on Aug 11. Lets give them a benefit of doubt assuming that their various servers didnt get synced up in those two days.
Last week of August, they send me information on my AP that was approved earlier and for which i had my attorney send an enquiry (as I didnt receive the AP by then)....
so basically what this shows is that mostly there exists a high disconnect in their various servers/databases, and most probably their processes are highly manual.
Gist of this, highly disconnected systems and I dont think SR would lead to anything..
But, yours looks like a porting case - so possibly they might have the wrong dates - it might help to open an SR or go for infopass...
I also read, if there was a pending EAD renewal, your case might get looked at and instead of renewing your EAD, USCIS will rather give you GC - provided PD is current and there are no other issues.
The USCIS systems are not that sophisticated as we think they are.
For me, I have opened an SR on Aug 4, got CPO on Aug 11, then the SR response came on Aug19 saying that my GC has been approved :)
...and wait there's more!
Aug 13 or so, they approved my pending EAD, this after approving GC on Aug 11. Lets give them a benefit of doubt assuming that their various servers didnt get synced up in those two days.
Last week of August, they send me information on my AP that was approved earlier and for which i had my attorney send an enquiry (as I didnt receive the AP by then)....
so basically what this shows is that mostly there exists a high disconnect in their various servers/databases, and most probably their processes are highly manual.
Gist of this, highly disconnected systems and I dont think SR would lead to anything..
But, yours looks like a porting case - so possibly they might have the wrong dates - it might help to open an SR or go for infopass...
gcbikari
08-14 04:58 PM
Next time check out this forum (http://immigrationvoice.org/forum/showthread.php?t=20900) advice before you send your fotoes. Just kidding.
more...
loudoggs
11-29 06:36 PM
In my opinion, honesty is the best policy. This was 6 years ago and if you have a clean record ever since, you should be ok (according to me). You committed a mistake, admitted it and learned from it.
On the other hand, if you do not declare the conviction and they find out somehow, then that is a certain denial.
You have to make the choice. Good luck.
I am an F1 grad student - I was planning on going home this winter, and while there I would have to renew my visa so as to be able to re-enter the US.
However, while filling out the forms to set up an appointment for the renewal interview, I remembered that I had a misdemeanor conviction (I pled guilty) for bad checks (this was a very long time ago, about 6 years - it was a bad time, I made some mistakes). When I say 'yes', on the DS-156 form, in response to the question regarding criminal convictions, how likely is it that I will have my visa renewed? Isn't is usually the case that consular officers are looking for any reason to deny visas/renewals?
It seems like my only option is to postpone/cancel my trip, if I want to be able to come back to complete my studies.
Any advice would be greatly appreciated.
On the other hand, if you do not declare the conviction and they find out somehow, then that is a certain denial.
You have to make the choice. Good luck.
I am an F1 grad student - I was planning on going home this winter, and while there I would have to renew my visa so as to be able to re-enter the US.
However, while filling out the forms to set up an appointment for the renewal interview, I remembered that I had a misdemeanor conviction (I pled guilty) for bad checks (this was a very long time ago, about 6 years - it was a bad time, I made some mistakes). When I say 'yes', on the DS-156 form, in response to the question regarding criminal convictions, how likely is it that I will have my visa renewed? Isn't is usually the case that consular officers are looking for any reason to deny visas/renewals?
It seems like my only option is to postpone/cancel my trip, if I want to be able to come back to complete my studies.
Any advice would be greatly appreciated.
eb3India
04-09 03:58 PM
Bush and the others were sure to have a bill by the end of the year 2006, did you see any bill (beside the Bill wall) ?
No, so don`t worry...nothing will happen.
well they tried it did'nt happen because of Republican controled house, we now have Democratic controled house who favor more towards CIR, I think Bush working with Republican senators to get approval for his bill
atleast this is the only issue where president and democrats come close to agreeing on,
Question, does Democrats puts politics ahead by not giving credit to Bush for resolving immigration is the real issue
I do see more chances this year ofcourse this will be do or die situation for many immigration hopefuls
No, so don`t worry...nothing will happen.
well they tried it did'nt happen because of Republican controled house, we now have Democratic controled house who favor more towards CIR, I think Bush working with Republican senators to get approval for his bill
atleast this is the only issue where president and democrats come close to agreeing on,
Question, does Democrats puts politics ahead by not giving credit to Bush for resolving immigration is the real issue
I do see more chances this year ofcourse this will be do or die situation for many immigration hopefuls
more...
Winner
06-08 11:46 AM
how about contributing to IV? When ppl here dont pay $10 for IV...will they $1 or $2 Million for Saturn....Do you think so????
How about "Leading By Example"? Would you consider becoming a donor?
Anyways, I do see your point..
How about "Leading By Example"? Would you consider becoming a donor?
Anyways, I do see your point..
smisachu
12-09 05:52 PM
Just out of curiosity, what kind of jobs do you guys do? What is your educational qualification? I am getting my PhD but it is still some time before I finish, I want to know if there is any way to port from EB2 to EB1 before that.
more...
rockstart
09-12 09:25 AM
I just saw this in latest Murthy bulletin about USCIS using Wikipedia and other internet based sources to gather information. This is serious news.
RFEs or Denials May Not Be Based on Wikipedia Information
The USCIS has been known to use an ever-growing number of publicly available sources, including internet sources such as Wikipedia. AILA members have been receiving denials based on the USCIS's use of information found on Wikipedia, an online encyclopedia to which anyone in the world may contribute information. As such, it should not be considered an objective or completely reliable source of information. SCOPS advised that it has notified the service centers and there should not be additional RFEs or denials based upon Wikipedia.
It should be noted that, as a corollary, applicants and petitioners should not try to use Wikipedia as support for their filings or arguments, since it has been deemed an unreliable source.
Link http://www.murthy.com/bulletin.html
RFEs or Denials May Not Be Based on Wikipedia Information
The USCIS has been known to use an ever-growing number of publicly available sources, including internet sources such as Wikipedia. AILA members have been receiving denials based on the USCIS's use of information found on Wikipedia, an online encyclopedia to which anyone in the world may contribute information. As such, it should not be considered an objective or completely reliable source of information. SCOPS advised that it has notified the service centers and there should not be additional RFEs or denials based upon Wikipedia.
It should be noted that, as a corollary, applicants and petitioners should not try to use Wikipedia as support for their filings or arguments, since it has been deemed an unreliable source.
Link http://www.murthy.com/bulletin.html
GoRedSox2007
10-31 12:46 AM
Guys,
EAD/AP - RD 10/12/2007
Checks Cleared - 10/14/2007
ND - 10/16/2007
Notice Received - 10/19/2007
Online Case Status - Not available
EAD/AP - RD 10/12/2007
Checks Cleared - 10/14/2007
ND - 10/16/2007
Notice Received - 10/19/2007
Online Case Status - Not available
more...
bkarnik
07-11 11:54 AM
Could you please post a brief transcript about what transpired? It need not be verbatim but enough to give us an idea of what was said.
Thanks
Thanks
malibuguy007
10-01 06:27 PM
Guys, I can see the energy level drop down after the HR 5882 did not pass in the Judiciary Committee. However we have to keep trying and part of that effort is keep working with lobbyists through IV core. During the next 6-9 months we need to collect enough money so that when the time comes IV Core is able to lobby hard on our behalf and get the necessary measures passed.
On that note I am starting this thread for people who would like to contribute $50 or more. It is the 1st of the month and all of us got our paychecks, so no reason not to.(Remember Feed the Pig Ad? Well IV is as important as feeding the pig - so please do your part).
Additionally for every $2500 collected I will put in an additional $50.
On that note I am starting this thread for people who would like to contribute $50 or more. It is the 1st of the month and all of us got our paychecks, so no reason not to.(Remember Feed the Pig Ad? Well IV is as important as feeding the pig - so please do your part).
Additionally for every $2500 collected I will put in an additional $50.
more...
GC_1000Watt
10-12 09:57 PM
jcrajput.. I have had my renewal stamping done last month in India and am purely stating from personal experience. I was asked for to show 6 months of paystub by the officer. Luckily I had them on me so I could show it.
You can take the minimum but travelling with the minimum puts your family at a risk when you go for the interview. No lawyer or any other member at IV can help you there.It Doesnt hurt to be proactive and prepared in the right way. In this time of recession, more documentation has been asked then ever. For my earlier stamping no documents were required, but this time W2's and paystubs were asked.
You may even want to ask Mr 1000 watt when he last got his stamping done and go by whatever he recommends.
Can you tell us if you renewed your H1B with the one who filed your previous H1B or you filed with a new employer this time?
You can take the minimum but travelling with the minimum puts your family at a risk when you go for the interview. No lawyer or any other member at IV can help you there.It Doesnt hurt to be proactive and prepared in the right way. In this time of recession, more documentation has been asked then ever. For my earlier stamping no documents were required, but this time W2's and paystubs were asked.
You may even want to ask Mr 1000 watt when he last got his stamping done and go by whatever he recommends.
Can you tell us if you renewed your H1B with the one who filed your previous H1B or you filed with a new employer this time?
minimalist
03-25 09:05 AM
RFE and NOID come with a color sheet of paper with your details and some USCIS internal codes for your case. You can respond by yourself and put the sheet on top - this is for the mailroom to handle your case
If we do not use G28 to change representation from current lawyer hired by company, would all the notifications go just to the lawyer?
Can we submit G28 ourselves or does it needs to be a lawyer?
If we do not use G28 to change representation from current lawyer hired by company, would all the notifications go just to the lawyer?
Can we submit G28 ourselves or does it needs to be a lawyer?
she81
07-05 09:24 PM
I don't know why they keep whining about bringing more H1s when they cannot provide for the ones already here? Even a layman would agree that more H1s without corresponding legislations to fix broken GC system would add fuel to the fire.
Or is it what someone in this forum suggested - they want to bring cheaper younger people to replace the old ones after 6 years?
Or is it what someone in this forum suggested - they want to bring cheaper younger people to replace the old ones after 6 years?
gcisadawg
12-17 11:25 AM
I traveled via Lufthansa last month ( EWR-FRA-MAA) and had approved H1B petition on hand ( to show that I'm legally working without any gaps) and on returning I showed AP.
If you look at German consulate site, they have mentioned that if an Indian citizen residing in US is traveling to India, then he just need to have proof of continuous legal stay in US.
If an Indian citizen living in US is travelling to say, Australia, then he needs to have German transit visa in addition to Australian Visa.
While returning, it is either AP or valid stamp on passport.
If you look at German consulate site, they have mentioned that if an Indian citizen residing in US is traveling to India, then he just need to have proof of continuous legal stay in US.
If an Indian citizen living in US is travelling to say, Australia, then he needs to have German transit visa in addition to Australian Visa.
While returning, it is either AP or valid stamp on passport.
STAmisha
07-27 10:10 AM
Thanks.
But here is my situtaion
My company filed 140 (say 1st I-140 ) and 485 in july 2007 (no receipt yet) on a substituted Labor.
Now my original labor is approved. Now I want to file 140 (and 485 if possible) on this labor. Let us call this I-140 as 2nd I-140
Oprion 1
Cancel the 1st 140 and 485 which is applied on LC substituion and File 2nd 140/485 on my own LC
Options 2
Apply 2nd 140 on my original labor and cancel 1st 140 which was filed on my substituted Labor and keep the existing 485
option 3
keep 1st 140/485 which was applied earlier.
Apply 2nd 140 on original LC before Aug 17 and if I run into problems (RFE) with the 1st 140 (based on substituted LC), change the underlying 485 to 2nd 140
option 4
keep 1st 140/485 which was applied earlier.
Apply 2nd 140 on original LC after Aug 17 and if I run into problem with the 1st 140, change the underlying 485 to 2nd 140 even if PD is not current.
Please advice whether all these options are Do'able and which is better
But here is my situtaion
My company filed 140 (say 1st I-140 ) and 485 in july 2007 (no receipt yet) on a substituted Labor.
Now my original labor is approved. Now I want to file 140 (and 485 if possible) on this labor. Let us call this I-140 as 2nd I-140
Oprion 1
Cancel the 1st 140 and 485 which is applied on LC substituion and File 2nd 140/485 on my own LC
Options 2
Apply 2nd 140 on my original labor and cancel 1st 140 which was filed on my substituted Labor and keep the existing 485
option 3
keep 1st 140/485 which was applied earlier.
Apply 2nd 140 on original LC before Aug 17 and if I run into problems (RFE) with the 1st 140 (based on substituted LC), change the underlying 485 to 2nd 140
option 4
keep 1st 140/485 which was applied earlier.
Apply 2nd 140 on original LC after Aug 17 and if I run into problem with the 1st 140, change the underlying 485 to 2nd 140 even if PD is not current.
Please advice whether all these options are Do'able and which is better
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