bobzibub
12-15 06:02 PM
Have anyone heard any updates from AILA about this issue? if one knows this for sure, atleast in these days, people can start working a second (may be non-technical) job on EAD...that way you should be able to save some money for the rainy days...
AILA wouldn't be the ones to update us wouldn't they? USCIS is the one that makes the call. We can pester AILA to ask for an "update on the status of the decision making process" and that would likely make them finally do something.
I've asked the ombudsman on this issue. Never got a response.
IMHO:
I think that after a year (It must be getting close now) of being formally asked by AILA, USCIS basically must allow moonlighting under an EAD because they did not cite any law against it. They basically accepted AILA's interpretation when they stated that they "took it under advisement" and left it at that. Even if there is a magical law that appears now barring the practice, their inaction after so long has "blue skied" the moonlighting for at least those already practicing it. What alternative conclusion could an immigrant draw?
AILA wouldn't be the ones to update us wouldn't they? USCIS is the one that makes the call. We can pester AILA to ask for an "update on the status of the decision making process" and that would likely make them finally do something.
I've asked the ombudsman on this issue. Never got a response.
IMHO:
I think that after a year (It must be getting close now) of being formally asked by AILA, USCIS basically must allow moonlighting under an EAD because they did not cite any law against it. They basically accepted AILA's interpretation when they stated that they "took it under advisement" and left it at that. Even if there is a magical law that appears now barring the practice, their inaction after so long has "blue skied" the moonlighting for at least those already practicing it. What alternative conclusion could an immigrant draw?
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snarla
06-29 01:59 PM
My lawyers asked me to use the OPT number on all my forms where it asked for A# number of FileNumber ... I did not have a A# number on my I140
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sertasheep
07-05 05:39 PM
ask them to quote the section of the law which makes it not legal for L1 visa holders not to participate in 401K. I am very curious to know.
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nixstor
07-17 10:45 AM
Most users ever online was 5,233, Yesterday at 04:20 PM
Threads: 5,709, Posts: 114,871, Members: 20,081, Active Members: 13,220
From immigration.com
Most users ever online was 2,117, 16th September 2005 at 02:58 PM.
Threads: 239,836, Posts: 1,626,529, Members: 162,149
Most users ever online is increasing every day and IV is becoming a better source of information. Its just unfortunate that people fail to recognize the importance of contributions for this effort.
Threads: 5,709, Posts: 114,871, Members: 20,081, Active Members: 13,220
From immigration.com
Most users ever online was 2,117, 16th September 2005 at 02:58 PM.
Threads: 239,836, Posts: 1,626,529, Members: 162,149
Most users ever online is increasing every day and IV is becoming a better source of information. Its just unfortunate that people fail to recognize the importance of contributions for this effort.
more...
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rajeshiv
07-22 01:25 AM
Hi,
Is Personnel check allowed for I-485, EAD and Advance Parole filing fees.
Thank you.
chansek
Any checks issued by recognised banks are valid for filing fees.
-RR
Is Personnel check allowed for I-485, EAD and Advance Parole filing fees.
Thank you.
chansek
Any checks issued by recognised banks are valid for filing fees.
-RR
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ppt.b
07-10 09:58 PM
My observation... based on i140 application
My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC
There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water
Last name starting with A, C, E, G, I, K..... transfered to TSC
Last name starting with B, D, F, H, J, L..... stayed at NSC
any comments? again this is only based on my observation on a very small # of cases
Nope! My surname starts with H and my case was transferred to TSC. I guess if u chose a small enough sample size, you can prove anything. Isn't statistics wonderful ? :D You gotta love it!
My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC
There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water
Last name starting with A, C, E, G, I, K..... transfered to TSC
Last name starting with B, D, F, H, J, L..... stayed at NSC
any comments? again this is only based on my observation on a very small # of cases
Nope! My surname starts with H and my case was transferred to TSC. I guess if u chose a small enough sample size, you can prove anything. Isn't statistics wonderful ? :D You gotta love it!
more...
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sent4dc
08-25 06:07 PM
Hi everyone:
I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.
What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.
I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.
What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.
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boston_gc
07-09 11:01 PM
I am sure there are many guys in this forum as frustrated as I am and we all have been wondering what our other options are. I also know that lot of people have started to think very seriously about immigration to other countries.
Based on our current circumstances, I have been wondering if it will be worth making a collective effort. In other words, how about if wrote an open and collective letter to leaders of the other immigrant friendly countries about our interest in immigration to their country for the mutual economic and professional benefits. I know this sounds a little silly but if USA is not ready to recognize and appreciate the benefits of legal immigrant community then I am sure there will be several other countries willing to benefit from this situation and gain competitive excellence. After all, we are all professionals and we all have lot to offer to the economy of today's competitive world. I believe we deserve a little better than we got right now.
Any thoughts?
Based on our current circumstances, I have been wondering if it will be worth making a collective effort. In other words, how about if wrote an open and collective letter to leaders of the other immigrant friendly countries about our interest in immigration to their country for the mutual economic and professional benefits. I know this sounds a little silly but if USA is not ready to recognize and appreciate the benefits of legal immigrant community then I am sure there will be several other countries willing to benefit from this situation and gain competitive excellence. After all, we are all professionals and we all have lot to offer to the economy of today's competitive world. I believe we deserve a little better than we got right now.
Any thoughts?
more...
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greencardfever
06-16 09:53 PM
I contacted University Y, but they said they don't keep I-20 copies that are 7 years old.
But you're saying that if I contact SEVIS, they should be able to give me a copy of my University Y I-20?
But you're saying that if I contact SEVIS, they should be able to give me a copy of my University Y I-20?
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rockstart
08-11 09:25 AM
EB2 I PD 02/27/2006
I 140 Approved Nov 2006
RD for I 485: 08/10/2007
I 140 Approved Nov 2006
RD for I 485: 08/10/2007
more...
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Seek_Gc
09-09 07:47 PM
if we are already using EAD from EB3 - 485 , are we still allowed to apply for another labor with EB2 ? and port the dates from EB3 while applying for EB2 - 140
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paulkurni
06-17 04:24 PM
I heard this from a Chinese friend once and believe its true to its extent. I think most of us, including me, come to this forum and either read the stuff about immigration or take out our frustration one way or another and the anger and frustration dies down there. I am sure IV core team is working day and night for the cause but they are limited with options. I believe the best way to create some gain is to do a collective non-violent rally throughout the nation. The way I see it if you dont make noise nothing gets done in this world. I have been here for almost 9+ years surviving f1,h1b and with very vague future ahead. Satyagraha was started by Gandhiji, and was followed by leaders throughout the world under Non-violence movements. As matter of fact even Obama advised it in the Cairo speech.
I understand that the cause is not as dire as in the other movements but we are here fighting for our freedom. This nation is built upon liberty and yet we are under agreed slavery for employers, which is somehow supported by the government. My point is if we really want to make a difference then we need to be collectively heard. What the worst could happen?
I understand that the cause is not as dire as in the other movements but we are here fighting for our freedom. This nation is built upon liberty and yet we are under agreed slavery for employers, which is somehow supported by the government. My point is if we really want to make a difference then we need to be collectively heard. What the worst could happen?
more...
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tabletpc
04-06 07:59 AM
Can anyone please give me some suggestions..
My dad health is not stable and has been admitted to hospital. I would like to visit him. Does this qualify for emergency appointment. Mine is H1 revalidation.
Also please let me know what forms I need to complete before going to india.
Your suggestions are appreciated. Thanks
My dad health is not stable and has been admitted to hospital. I would like to visit him. Does this qualify for emergency appointment. Mine is H1 revalidation.
Also please let me know what forms I need to complete before going to india.
Your suggestions are appreciated. Thanks
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pappu
01-09 12:19 PM
From another thread: IV wants to hear from EB1, EB2ROW and people who are current or are outside processing time members.
Come on fellas, I need your input.
The delays you pointed out are actually being discussed by IV core at this time (part of our 2009 plan if members want to) and we are thinking of making a case for it. In order to do that we will need statistics on our site to prove how many people (our members) are affected. We can use that % dataset to determine the similarity with overall similar cases. We can also use the statistics to make a case for all cases that are current for a long time and still waiting. We will need community's help if you all want to use the stats and graphs for our presentation on this advocacy effort. This effort will be successful if we get help from all members EB1, EB2 ROW and others in all categories that are current for I485 or are outside their application processing times for their other immigration applications. This may become one of our 2009 push with the new administration and we can work on it.
Writing letters is good. But they need to be backed by a campaign and IV name needs to be behind it to make it a national campaign. Not sure how much individual letters may help as we have learnt from past experiences.
Let us have a discussion what EB1, EB2ROW and others that are current want? And also what people whose I140 etc is stuck and are outside processing time want? Are they willing to support such campaign? Can these people get all such folks together on this platform to run this campaign?
Let us know your thoughts.
Come on fellas, I need your input.
The delays you pointed out are actually being discussed by IV core at this time (part of our 2009 plan if members want to) and we are thinking of making a case for it. In order to do that we will need statistics on our site to prove how many people (our members) are affected. We can use that % dataset to determine the similarity with overall similar cases. We can also use the statistics to make a case for all cases that are current for a long time and still waiting. We will need community's help if you all want to use the stats and graphs for our presentation on this advocacy effort. This effort will be successful if we get help from all members EB1, EB2 ROW and others in all categories that are current for I485 or are outside their application processing times for their other immigration applications. This may become one of our 2009 push with the new administration and we can work on it.
Writing letters is good. But they need to be backed by a campaign and IV name needs to be behind it to make it a national campaign. Not sure how much individual letters may help as we have learnt from past experiences.
Let us have a discussion what EB1, EB2ROW and others that are current want? And also what people whose I140 etc is stuck and are outside processing time want? Are they willing to support such campaign? Can these people get all such folks together on this platform to run this campaign?
Let us know your thoughts.
more...
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Pallavi79
02-24 12:23 PM
The saga is Live Suspense Movie. :)
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casinoroyale
01-31 02:18 PM
Ok, this is a tough'ie.
You might be ok, but let me explain. There 2 rules that play-in in this scenario. One is " last action ", the other is " effectve date of your new I-797 ". If the start/effective date of your new I-797 is later than your last action i.e your entry in the USA, then technically your new I-94 which you got from your new I-797 will kick-in from its effective date making your stay in USA legal till its end. Now, if the start/effective date of your new I-797 started before you entered USA using your OLD I-797 (concequently got short I-94 validity) that will control your legal stay period ( as per last action rule ).
That being said, this is very tricky situation, though arguably valid as per different memo's of USCIS. So it is in your best interest, either to go with this interpretation and do nothing if the first case that i explained above is true or play safe and go out of country and enter back US using your new I-797.
Consult a lawyer before you take any step.
Thanks.
You might be ok, but let me explain. There 2 rules that play-in in this scenario. One is " last action ", the other is " effectve date of your new I-797 ". If the start/effective date of your new I-797 is later than your last action i.e your entry in the USA, then technically your new I-94 which you got from your new I-797 will kick-in from its effective date making your stay in USA legal till its end. Now, if the start/effective date of your new I-797 started before you entered USA using your OLD I-797 (concequently got short I-94 validity) that will control your legal stay period ( as per last action rule ).
That being said, this is very tricky situation, though arguably valid as per different memo's of USCIS. So it is in your best interest, either to go with this interpretation and do nothing if the first case that i explained above is true or play safe and go out of country and enter back US using your new I-797.
Consult a lawyer before you take any step.
Thanks.
more...
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srt57
02-14 06:21 PM
In the RIR system EB2 was MS + 3 and BS+5.
If BS+5 is still the norm in PERM...how come MS+0 is acceptable under PERM. Did they change the rule....I think this a loophole
It isn't a loophole. That's how the PERM Jobzone/SVP system works.
If BS+5 is still the norm in PERM...how come MS+0 is acceptable under PERM. Did they change the rule....I think this a loophole
It isn't a loophole. That's how the PERM Jobzone/SVP system works.
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brad_sk2
08-14 06:22 PM
But you cannot apply for first EAD/AP before applying for 485, correct? I would be surprised if we can apply for EAD/AP just after LC or 140 approval and when dates are not current for 485.
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Desertfox
11-14 01:51 PM
Following are the answers to your questions. :)
I have a question for you too: How are you contributing to Immigrationvoice?
Dear All ,
I recently got my I-140 approved, got our(me and spouse) EAD and AP too.Now what I am wondering is that
1.Am I still on H1 status or the status now becomes EAD ?
You are on H1 unless you request your employer to update your I-9 with EAD.
2. If my H1 still holds good then should I go back to India to get my fresh H1 stamping as it will expire november next year or should I go for one year H1 extensions(as I heard from friends ) till I get the GC ?
Your H1 is not good after it expires. You have to get extension to be in H1 status. Stamping from India would be required if you travel to India with expired stamp on your passport and you choose not to use your AP to return to US.
3. Is there any stipulated time limit within which my wife has to apply for her SSN( we have not yet applied for it. )
There is no time limit.
4. My passport is going to expire on December next year. Do I need to go to India for renewal or it can be done from here itself. If it can be done from here itself then when is the earliest to start that process ?( I will be happy if u could send some links that will guide me ).
You can renew your passport in US and following are the links for Indian Consulates in USA.
Embassy of India, Washington DC http://www.indianembassy.org/newsite/default.asp
Consulate General of India, Chicago, USA http://chicago.indianconsulate.com/
Consulate General of India, Houston, USA http://www.cgihouston.org/
Consulate General of India, New York, USA http://www.indiacgny.org/
Consulate General of India, San Fransisco, USA http://www.cgisf.org/
Thank you very much in advance.
Anci.
I have a question for you too: How are you contributing to Immigrationvoice?
Dear All ,
I recently got my I-140 approved, got our(me and spouse) EAD and AP too.Now what I am wondering is that
1.Am I still on H1 status or the status now becomes EAD ?
You are on H1 unless you request your employer to update your I-9 with EAD.
2. If my H1 still holds good then should I go back to India to get my fresh H1 stamping as it will expire november next year or should I go for one year H1 extensions(as I heard from friends ) till I get the GC ?
Your H1 is not good after it expires. You have to get extension to be in H1 status. Stamping from India would be required if you travel to India with expired stamp on your passport and you choose not to use your AP to return to US.
3. Is there any stipulated time limit within which my wife has to apply for her SSN( we have not yet applied for it. )
There is no time limit.
4. My passport is going to expire on December next year. Do I need to go to India for renewal or it can be done from here itself. If it can be done from here itself then when is the earliest to start that process ?( I will be happy if u could send some links that will guide me ).
You can renew your passport in US and following are the links for Indian Consulates in USA.
Embassy of India, Washington DC http://www.indianembassy.org/newsite/default.asp
Consulate General of India, Chicago, USA http://chicago.indianconsulate.com/
Consulate General of India, Houston, USA http://www.cgihouston.org/
Consulate General of India, New York, USA http://www.indiacgny.org/
Consulate General of India, San Fransisco, USA http://www.cgisf.org/
Thank you very much in advance.
Anci.
anjs
11-15 02:02 PM
Can some one post the link to TN chapter
cooldudesfo
12-16 08:31 PM
Thanks BelmontBoy for the information.
I also end up calling German Embassy and they told me that as long as you have extended H1B petition handy, VISA is not required.
Thanks to both of you again.
I also end up calling German Embassy and they told me that as long as you have extended H1B petition handy, VISA is not required.
Thanks to both of you again.
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