jkm2282
01-07 10:53 AM
Thanks mate. So it is nothing to be worried about, right? I was thinking the same (holidays) but was kinda getting worried anyway. :)
I haven't got any notification from the consulate about any admin processing (which i am assuming is same as 221g forms), neither the VO gave any 221g after the interview. I hope it goes on smoothly. *prays*
I haven't got any notification from the consulate about any admin processing (which i am assuming is same as 221g forms), neither the VO gave any 221g after the interview. I hope it goes on smoothly. *prays*
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PHANI_TAVVALA
02-26 12:46 PM
I had a 10 year multiple entry B1/B2 visa which was to expire in 2013. I got married a couple of months ago, and since my husband is on a H1B, I got a H4 visa for the next 1.5 years. My passport with the B1/B2 visa DOES NOT have CWOP (Canceled without prejudice) written on it. My question is- has my B1/B2 visa been canceled? Or is it still valid? Can I hold 2 visas for entry into the US at the same time. If it has not been canceled, can I still use it for entry into the US once I lose my H4 status? Thank you for your time.
Don't you think this is a dumb question. What does "Cancelled without prejudice" mean to you? I would like to hear your interpretation of this.
Don't you think this is a dumb question. What does "Cancelled without prejudice" mean to you? I would like to hear your interpretation of this.
swaroopmukka
07-24 06:04 PM
My Labor has been approved around May 20 2007 and my employer received a letter from DOL stating the same, but the Lawyer says he never got the original Labor certificate. Now I've to file my 140 and 485 together and my lawyer is saying that he'll contact DOL and see what's going on, but he says that we can file 140 and 485 concurrently with the piece of evidence we have (the letter from DOL to my employer saying that my labor has been approved).
Will it be any problem with USCIS if we proceed this way ??
Will it be any problem with USCIS if we proceed this way ??
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reachinus
07-14 12:21 PM
i don't know if its an EB 485, but even FB are very backloged.
more...
americandesi
03-13 05:34 PM
This is the danger with a "green card shop" company. They constantly have people joining and leaving them. Not a problem for H-1b but a major problem with GC processing.
Here is an example with company X which has ability pay for up to 50 employees at any point.
X applies 30 I-140s in 2005 [less than 50]
X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.
One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.
Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.
This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.
Most employees who leave the GC sponsoring employer either invoke AC21 or port their PD�s with another employer. Hence the GC sponsoring employer could very well go ahead and withdraw their I-140�s so that they are no longer burdened to prove ATP for all ex-employees.
Here is an example with company X which has ability pay for up to 50 employees at any point.
X applies 30 I-140s in 2005 [less than 50]
X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.
One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.
Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.
This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.
Most employees who leave the GC sponsoring employer either invoke AC21 or port their PD�s with another employer. Hence the GC sponsoring employer could very well go ahead and withdraw their I-140�s so that they are no longer burdened to prove ATP for all ex-employees.
GooblyWoobly
10-17 03:47 PM
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
This is a gray area, but, my take is, it will void your H1B. See, the logic is this.... EAD is not a status. It's just an employment authorization, just like AP is a travel parole document. You have option of two status:
1. Non-immigrant status (H1B/H4 etc).
2. Pending AOS status.
You can't be in US on both the statuses. So, without being in status 2, you can't invoke EAD, but when you invoke EAD, you are in status 2, so, lose your H1B.
I might be wrong though.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
This is a gray area, but, my take is, it will void your H1B. See, the logic is this.... EAD is not a status. It's just an employment authorization, just like AP is a travel parole document. You have option of two status:
1. Non-immigrant status (H1B/H4 etc).
2. Pending AOS status.
You can't be in US on both the statuses. So, without being in status 2, you can't invoke EAD, but when you invoke EAD, you are in status 2, so, lose your H1B.
I might be wrong though.
more...
gc_dream07
03-04 05:14 PM
I think you can do some community service. Check with public library or school.
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tnite
07-26 09:08 AM
Bibs:
To apply for EAD you need the following documents
1. I-131 EAD Application document
2. Copy of I-485 receipt notice
3. 2 colored passport pictures - recent
4. Cashiers cheque as stated in the form.
Send all this in and wait. You dont need an attorney to do this. This is really a simple procedure.
Its form I765 for EAD. I131 is for Advance Parole
To apply for EAD you need the following documents
1. I-131 EAD Application document
2. Copy of I-485 receipt notice
3. 2 colored passport pictures - recent
4. Cashiers cheque as stated in the form.
Send all this in and wait. You dont need an attorney to do this. This is really a simple procedure.
Its form I765 for EAD. I131 is for Advance Parole
more...
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HarishM
09-21 04:06 PM
Hello,
I'm Harish. I've finished my masters in usa and working on H1-B. I applied for GC this year. Right now at 1-140 filing stage. I think I-140 should be approved in a few months. After that how long should I wait to apply for I-485?
I want to change my employer. I believe you can do that 180 days after u file for I-485. So can any1 give me an approx time when I should be able to file I-485.
With all this retrogression its really confusing and frustating to understand...
I appreciate your help.
Thanks,
Harish.
I'm Harish. I've finished my masters in usa and working on H1-B. I applied for GC this year. Right now at 1-140 filing stage. I think I-140 should be approved in a few months. After that how long should I wait to apply for I-485?
I want to change my employer. I believe you can do that 180 days after u file for I-485. So can any1 give me an approx time when I should be able to file I-485.
With all this retrogression its really confusing and frustating to understand...
I appreciate your help.
Thanks,
Harish.
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greatguy
02-16 11:42 AM
I know 485 cannot be filed without PD being current. Can one do consular processing without being dependent on PDS:p
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Hassan11
04-14 04:43 PM
anybody knows the answer to the correct fee to apply for travel document (AP)? do I need to do FP?
Thanks
Thanks
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maddipati1
01-12 11:13 AM
nice combo, SS and jealous of others who grow, if ur not WLPOS urself u wud've grown too :) if u have any clue abt jul07 fiasco and aftermath u wudnt be believin 'all izz well' like an ostrich :) 'all izz well' only makes Amir a few mil$s. u still have no clue why i have to even bother to respond to u, do u?
more...
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rani77
09-18 11:59 AM
My case is little bit different.
EAD was approved on August 11th and I got the card in mail couple of days after I received the email. But, I haven't received the approval notice for my EAD yet. The status on the EAD shows that the approval notice was sent on August 13th. I had no issues with AP though.
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Approval notice sent.
On August 13, 2008, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION.
You dont get any approval notice except the card with white card folder. So you are good ,dont expect any Form 767 approval notice.
EAD was approved on August 11th and I got the card in mail couple of days after I received the email. But, I haven't received the approval notice for my EAD yet. The status on the EAD shows that the approval notice was sent on August 13th. I had no issues with AP though.
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Approval notice sent.
On August 13, 2008, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION.
You dont get any approval notice except the card with white card folder. So you are good ,dont expect any Form 767 approval notice.
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acecupid
06-08 11:57 AM
Ever since they made I-131 online, its always been a mess. The form usually shows an expired date, and there are lot of glitches applying online. I was hoping USCIS would have improved their system by not since its been online for more than a yr now. But I guess just like the backlogged applications everything moves slow in USCIS.
I prefer to do the paper filing.
I prefer to do the paper filing.
more...
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garybanz
01-08 10:14 AM
Folks,
As many of us get ready to use AC21 to switch from current employers, i wanted to get your feed back on a very common contartual obligation.
My contract with my desi consultant basically says
"Agreement Not to Compete. While I am employed by Employer, and for ONE years/ 12 months afterward, I will not directly or indirectly participate in a business in a similar capacity that is similar to a business now or later operated by Employer in the same geographical area. This includes participating in my own business or as a co-owner, director, officer, consultant, independent contractor, employee or agent of another business.
In particular, I will not:
(i) Solicit or attempt to solicit any business or trade from Employer's actual or prospective customers or clients; or
(ii) Divert or attempt to divert business away from Employer;"
Now my employer had nothing to do with me getting my clients, i do my own marketing and negotiationas, but of course the employer signs on all the papers. Will i still have to change clients when i switch employer?
As many of us get ready to use AC21 to switch from current employers, i wanted to get your feed back on a very common contartual obligation.
My contract with my desi consultant basically says
"Agreement Not to Compete. While I am employed by Employer, and for ONE years/ 12 months afterward, I will not directly or indirectly participate in a business in a similar capacity that is similar to a business now or later operated by Employer in the same geographical area. This includes participating in my own business or as a co-owner, director, officer, consultant, independent contractor, employee or agent of another business.
In particular, I will not:
(i) Solicit or attempt to solicit any business or trade from Employer's actual or prospective customers or clients; or
(ii) Divert or attempt to divert business away from Employer;"
Now my employer had nothing to do with me getting my clients, i do my own marketing and negotiationas, but of course the employer signs on all the papers. Will i still have to change clients when i switch employer?
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Better_Days
04-07 01:20 PM
Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.
Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)
You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.
I will talk to my employer once I get my I-140 for EB3 approved and see what happens. Thanks for your response, it is appreciated :)
Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)
You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.
I will talk to my employer once I get my I-140 for EB3 approved and see what happens. Thanks for your response, it is appreciated :)
more...
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jaggu bhai
04-04 02:09 PM
when they say school starts from december 2011, f1 approval will be given around that date (i.e, 1 month before commencement of course), so even if u apply now, it will only help you to get prpared (in case if they ask for additional documents etc - most unlikely in ur case).
so gud luck
so gud luck
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ashkam
12-07 07:52 AM
I applied for my 485 in August and then applied for my H1B extension in november. Obviously your lawyer is incompetent.
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kirupa
05-16 10:38 PM
That looks really nice sparky!
bbenhill
10-07 09:32 PM
Hi, thank u all for the reply .. I will go ahead and go for my vac ..
i guess I am worrying too much ... :-)
i guess I am worrying too much ... :-)
pasupuleti
06-20 12:49 PM
I live in bayarea. If we have't found enough people from LA, i can drive to LA.
If more people wants to join documentary efforts from bay area , we all can car pool together.
If more people wants to join documentary efforts from bay area , we all can car pool together.
