venky08
12-28 01:38 PM
Does this mean that you cannot have 6-9 years extension of H1B for the new employer and you must use the EAD after six years if you are changing jobs?
There are more risks in using AC21 before 140 approval.
Read the Aytes memo of Dec 2005 regarding portability before 140 approval. There is all kinds of things that can go wrong if you port off to a new employer before 140 approval.
Other than employer withdrawing 140, the other issues are that if there is an RFE on your 140 and you have already used portability and ported off to new employer using EAD, then what would you do if that 140 doesnt get approved. Because if your H1 6 years have been used up, you are on EAD status, and your underlying 140 tied to 485 doesnt get approved, then it means you are out of status and you are out of luck. You cant even stay here to appeal the whole thing, you have to pack up and go back.
There are more risks in using AC21 before 140 approval.
Read the Aytes memo of Dec 2005 regarding portability before 140 approval. There is all kinds of things that can go wrong if you port off to a new employer before 140 approval.
Other than employer withdrawing 140, the other issues are that if there is an RFE on your 140 and you have already used portability and ported off to new employer using EAD, then what would you do if that 140 doesnt get approved. Because if your H1 6 years have been used up, you are on EAD status, and your underlying 140 tied to 485 doesnt get approved, then it means you are out of status and you are out of luck. You cant even stay here to appeal the whole thing, you have to pack up and go back.
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gc_maine2
12-31 12:42 PM
Thanks Logiclife, will definitely take a legal advice
PLEASE SPEAK WITH YOUR ATTORNEY TO EXPLORE YOUR OPTIONS. Every case is unique and whatever is here on forums may not apply to everyone. I am not a lawyer and this is not legal advise.
I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.
PLEASE SPEAK WITH YOUR ATTORNEY TO EXPLORE YOUR OPTIONS. Every case is unique and whatever is here on forums may not apply to everyone. I am not a lawyer and this is not legal advise.
I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.
smuggymba
04-29 09:39 PM
Perhaps, USA can levy another "fee" on H1-B folks to cover up the fighter jet deal loss just like they levy the mexico border protection fees on H1-B's.
Obama and USA should know that they can not cover every expense in USA by levying fees on H1-B folks. It's disgusting.
Which country in this world charges high skilled ppl to pay for their border protection?
Obama and USA should know that they can not cover every expense in USA by levying fees on H1-B folks. It's disgusting.
Which country in this world charges high skilled ppl to pay for their border protection?
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India_USA
11-03 08:25 AM
Thank God Dems are out otherwise Legals will never get anything till every illegal crossing the border is ahead of them. Democrats are only good for three kind of people:
Illegals
Illegals
Illegals
I hope Obama looses soon and we have some sanity of law
I have nothing to say about the dems in particular...........however, you are being extremely short sighted if you want Obama to loose. He is driving this country in the right direction, and you go with any republican who just talks nonsense of tax cut and national security, you may have a green card or even citizenship - and your children will be wishing to go to another country as there are no opportunities here!
(When I say you and your children, I mean us and our children)
Illegals
Illegals
Illegals
I hope Obama looses soon and we have some sanity of law
I have nothing to say about the dems in particular...........however, you are being extremely short sighted if you want Obama to loose. He is driving this country in the right direction, and you go with any republican who just talks nonsense of tax cut and national security, you may have a green card or even citizenship - and your children will be wishing to go to another country as there are no opportunities here!
(When I say you and your children, I mean us and our children)
more...
mhssatya
01-28 08:52 AM
Sad to see students being punished like this. They are just taking advantage of the system and make some money, but not doing anything illegal. That's what we are all here for right? Make some money. If enrolling for F1 and working somewhere else is against rules, then why did USCIS issue F1 and CPT to the students.
Sorry all, i couldn't find video in english. But the video says it all.
Chip locks which are normally used against terrorists and criminals are used
on students of tri valley univeristy.
It's a human rights, privacy issue at it's peak..
It's heart breaking to see like this..
There may be scam from students, university but it's also problem from consulate, USCIS etc.
This is ridiculous..
YouTube - AP students face US deportation (http://www.youtube.com/watch?v=RxFHw56fTwE&feature=player_embedded)
Sorry all, i couldn't find video in english. But the video says it all.
Chip locks which are normally used against terrorists and criminals are used
on students of tri valley univeristy.
It's a human rights, privacy issue at it's peak..
It's heart breaking to see like this..
There may be scam from students, university but it's also problem from consulate, USCIS etc.
This is ridiculous..
YouTube - AP students face US deportation (http://www.youtube.com/watch?v=RxFHw56fTwE&feature=player_embedded)
DoggyStyle
07-21 11:28 PM
thank u for posting the conversation that I miss. that saves me few bucks. u have the nerve to dial in that other IVians don't
have. u r the hero. (dial-in-hero) :D:D:D:D:D:D:D:D:D
have. u r the hero. (dial-in-hero) :D:D:D:D:D:D:D:D:D
more...
GCaspirations
10-01 08:37 PM
Hey Sparky_Jones,
You are the first guy whose case was transferred to CSC and you got the FP notices. Can you shed more light as many pople, like me, are stuck with no FP notices and we all had Receipts/EAD/AP from CSC...And now the files are back to either NSC or TSC...
Thanks!
His case appears to be adjucated by CSC and it did not get transferred back to NSC. Probably that is why he received his FP notice.
But who cases have been transferred back to NSC from CSC have not received the FP notice.
You are the first guy whose case was transferred to CSC and you got the FP notices. Can you shed more light as many pople, like me, are stuck with no FP notices and we all had Receipts/EAD/AP from CSC...And now the files are back to either NSC or TSC...
Thanks!
His case appears to be adjucated by CSC and it did not get transferred back to NSC. Probably that is why he received his FP notice.
But who cases have been transferred back to NSC from CSC have not received the FP notice.
2010 than my black ink tattoo.
Rohan99
09-19 11:04 PM
I think there should be age restriction to register on this website so that we can avoid such people. Or basic IQ test to pass...ha...ha....
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
more...
logiclife
12-13 04:12 PM
Keep this debate civil please.
We dont want to delete/moderate so please keep it clean and reasonably to the point.
Thanks.
We dont want to delete/moderate so please keep it clean and reasonably to the point.
Thanks.
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NNReddy
09-19 01:29 PM
I live less than 15 miles from TSC, my I-140 is approved from texas, but my wife's case(dependent on me) went to CSC. I don't know mine yet. Is CSC good or bad not sure. I am seeing they are approving EAD and AP faster than than TSC/NSC. My application was filed at NSC on july 20.
more...
starscream
06-23 09:38 PM
Related article:
Cornyn Calls on Obama to Present Immigration Reform Plan - Roll Call (http://www.rollcall.com/news/36174-1.html)
Cornyn Calls on Obama to Present Immigration Reform Plan
Sen. John Cornyn (R-Texas) on Tuesday called on President Barack Obama to come up with a comprehensive immigration plan this year, saying a directive from the White House is the only way to push the complex issue forward.
�What we need is not another photo op at the White House. What we need now is a plan from the president,� said Cornyn, ranking member on the Judiciary Subcommittee on Immigration, Refugees and Border Security.
�The president doesn�t write legislation, but he does have the bully pulpit,� Cornyn said, adding that right now �it�s unclear how they can get it finished.�
Cornyn is one of several lawmakers who will meet with administration officials Thursday to discuss immigration policy. White House spokesman Robert Gibbs acknowledged Monday that time may run out this year before the administration and Congress � already spread thin with health care and climate change legislation � can take up yet another time-consuming and sweeping proposal.
Minority Leader Mitch McConnell (R-Ky.) echoed those concerns: �We�ve got a full plate already.�
�There�s been little discussion from our side on immigration reform. I�ve honestly not given it a lot of thought,� McConnell said.
But Majority Leader Harry Reid (D-Nev.) reiterated his call for doing a comprehensive immigration reform bill this year.
�We have to finish health care and climate change, but being third on the list is pretty good,� Reid said, predicting that he could muster up the votes for a bill later this year.
Sen. Charles Schumer (D-N.Y.), who chairs the immigration subpanel, will deliver an address on immigration at Georgetown University on Wednesday and is expected to outline �the principles that will guide legislation he intends to introduce in the Senate later this year,� according to a release.
Schumer will also attend the White House meeting Thursday.
Cornyn Calls on Obama to Present Immigration Reform Plan - Roll Call (http://www.rollcall.com/news/36174-1.html)
Cornyn Calls on Obama to Present Immigration Reform Plan
Sen. John Cornyn (R-Texas) on Tuesday called on President Barack Obama to come up with a comprehensive immigration plan this year, saying a directive from the White House is the only way to push the complex issue forward.
�What we need is not another photo op at the White House. What we need now is a plan from the president,� said Cornyn, ranking member on the Judiciary Subcommittee on Immigration, Refugees and Border Security.
�The president doesn�t write legislation, but he does have the bully pulpit,� Cornyn said, adding that right now �it�s unclear how they can get it finished.�
Cornyn is one of several lawmakers who will meet with administration officials Thursday to discuss immigration policy. White House spokesman Robert Gibbs acknowledged Monday that time may run out this year before the administration and Congress � already spread thin with health care and climate change legislation � can take up yet another time-consuming and sweeping proposal.
Minority Leader Mitch McConnell (R-Ky.) echoed those concerns: �We�ve got a full plate already.�
�There�s been little discussion from our side on immigration reform. I�ve honestly not given it a lot of thought,� McConnell said.
But Majority Leader Harry Reid (D-Nev.) reiterated his call for doing a comprehensive immigration reform bill this year.
�We have to finish health care and climate change, but being third on the list is pretty good,� Reid said, predicting that he could muster up the votes for a bill later this year.
Sen. Charles Schumer (D-N.Y.), who chairs the immigration subpanel, will deliver an address on immigration at Georgetown University on Wednesday and is expected to outline �the principles that will guide legislation he intends to introduce in the Senate later this year,� according to a release.
Schumer will also attend the White House meeting Thursday.
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gc_on_demand
11-06 12:45 PM
Hey! Maybe instead of donating to IV, we could pool some money and get Baba's prediction on Visa movement. I'm sure his prediction would be just as worthwhile/less as Charles Oppenheim's!!!;)
Baba says donate to IV and work with IV that will give you GC faster other wise wait for 10 year . Will you now donate some ?
Baba says donate to IV and work with IV that will give you GC faster other wise wait for 10 year . Will you now donate some ?
more...
house tattoo-ink-bottles.jpg.
songlan
06-24 07:00 PM
I'm EB3 ROW, my PD came current on Sept 2006
Hi SongLan,
sorry if I had missed it before: are you from China on EB3? I am wondering about when your PD became current for you to file? This is to compare with my EB2 receipt date in Aug 2005. Thanks.
Hi SongLan,
sorry if I had missed it before: are you from China on EB3? I am wondering about when your PD became current for you to file? This is to compare with my EB2 receipt date in Aug 2005. Thanks.
tattoo -red-food-dog-tattoo-sleeve).
bestia
01-26 10:30 PM
Here it is
http://www.news.com/2100-1017-255994.html
Yeap, that's what I was talking about. Thanks.
...
Looking back, I should've sued the company because it did not pay me full salary for the first month while I was on the "bench" (searching for a contract). ...
lol, back than (speaking about myself - can't speak for everybody) I was naive. It is now we grew big teeth and became half-lawyers :)
http://www.news.com/2100-1017-255994.html
Yeap, that's what I was talking about. Thanks.
...
Looking back, I should've sued the company because it did not pay me full salary for the first month while I was on the "bench" (searching for a contract). ...
lol, back than (speaking about myself - can't speak for everybody) I was naive. It is now we grew big teeth and became half-lawyers :)
more...
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nag2007
10-11 04:37 PM
You mean to say that "Those who have EAD with PD 2006/2007" needs green Card and you dont bother about PD 2000-2005 from Backlog who never got a chance to apply i-485 ?
Moral: Allow the people to suffer who are suffering and let others make merry(PD 2006-2007).
Moral: Allow the people to suffer who are suffering and let others make merry(PD 2006-2007).
dresses Bright Red Pigment Ink
wahwah
06-05 04:39 PM
you 're right...so may what shivap80 is saying is correct also...
if your i-485 comes up for adjudication and you have file ac21 and your i-140 is pending as well, then the portability is only valid if i-140 is approved. of course after that to make sure that the portability is valid they will apply the "similar job" criteria.
You are interpreting as: It must be approved when in reality it means that It should have been already approved in order to make a decision on portability. They can not be forced to approve your I-140 just because you are changing jobs.
if your i-485 comes up for adjudication and you have file ac21 and your i-140 is pending as well, then the portability is only valid if i-140 is approved. of course after that to make sure that the portability is valid they will apply the "similar job" criteria.
You are interpreting as: It must be approved when in reality it means that It should have been already approved in order to make a decision on portability. They can not be forced to approve your I-140 just because you are changing jobs.
more...
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sherlock01
09-22 12:58 PM
Got the CPO mail for my EAD. Awaiting spouse EAD.
EAD Applied: Aug 25th @ NSC E file
FP Completed: Sep 12th
CPO Email Rcvd: Sept 22nd.
I think I am very lucky to get the approval in just 27 days. My spouse needs it more than me though. Hope that gets approved soon.
EAD Applied: Aug 25th @ NSC E file
FP Completed: Sep 12th
CPO Email Rcvd: Sept 22nd.
I think I am very lucky to get the approval in just 27 days. My spouse needs it more than me though. Hope that gets approved soon.
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v7461558
07-17 12:32 AM
Think of it this way, there are already 280M US citizens who didn't take your H1B job for one reason or another, but most likely due to insufficient education or experience in your field.
The additional 500k potential EADs, of course, are a bit different in that their I-140s are approved (this is the scenario we expect to play out on Tuesday afternoon). What this means is that they are also in the pool of people whose job position could not be filled by a US citizen. If they are in your field, they may potentially be competing for your job, and it will indeed be easier for your employer to hire one of them because there is no H1B petition cost or hassle for the employer to go through.
Hiring an H1B is a barrier for your employer. It is there, but it is not particularly high, especially if you are not a new H1B but a renewal. You can just hope that your qualifications bring something on board with the company that is enough to overcome that barrier.
The additional 500k potential EADs, of course, are a bit different in that their I-140s are approved (this is the scenario we expect to play out on Tuesday afternoon). What this means is that they are also in the pool of people whose job position could not be filled by a US citizen. If they are in your field, they may potentially be competing for your job, and it will indeed be easier for your employer to hire one of them because there is no H1B petition cost or hassle for the employer to go through.
Hiring an H1B is a barrier for your employer. It is there, but it is not particularly high, especially if you are not a new H1B but a renewal. You can just hope that your qualifications bring something on board with the company that is enough to overcome that barrier.
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flipflop
11-18 02:23 AM
As we all know, the Housing crisis in US is getting worse day by day, with the inventory of houses available for sale increasing, and buyers not willing/able to buy those houses.
Giving speedy Green Cards to July Visa bulletin cases will ease the Housing Crisis in US.
Most of the people affected by the July Visa bulletin are highly skilled people who have the capacity to buy houses, but are not investing in houses, since their future in US is not secure until they get Green Cards.
Instead they end up investing in real estate in Bangalore/Hyderabad etc, thereby helping in housing boom in those places.
If Congress passes a law to give speedy Green Cards to these highly skilled people ASAP; these highly skilled people, who have good jobs and capacity to buy houses inspite of the difficult situation regarding getting loans etc, will help US tide over the current difficult housing situation.
This is something for the US law makers to ponder.
Vowww... what a wishful thinking.
Definitely nobody would have thought giving Green Cards to Legal Immigrants who are making renting industry thrive can also solve US Housing Slump.
Next time, they may even see a possibility if giving Green Cards can also solve Global Warming!!!!
You know actually it can happen with majority of desis driving green vehicles (honda/toyota).
Giving speedy Green Cards to July Visa bulletin cases will ease the Housing Crisis in US.
Most of the people affected by the July Visa bulletin are highly skilled people who have the capacity to buy houses, but are not investing in houses, since their future in US is not secure until they get Green Cards.
Instead they end up investing in real estate in Bangalore/Hyderabad etc, thereby helping in housing boom in those places.
If Congress passes a law to give speedy Green Cards to these highly skilled people ASAP; these highly skilled people, who have good jobs and capacity to buy houses inspite of the difficult situation regarding getting loans etc, will help US tide over the current difficult housing situation.
This is something for the US law makers to ponder.
Vowww... what a wishful thinking.
Definitely nobody would have thought giving Green Cards to Legal Immigrants who are making renting industry thrive can also solve US Housing Slump.
Next time, they may even see a possibility if giving Green Cards can also solve Global Warming!!!!
You know actually it can happen with majority of desis driving green vehicles (honda/toyota).
nousername
11-10 01:43 PM
very well said goel.. I said the same thing to IV and I got God knows how many reds. The only time I saw a huge impact was after July fiasco but again it was not IV's alone effort, many other organizations were included.
Honestly IV is a great platform to help members with their questions and exchange knowledge about immigration topics but nothing more.. I don't expect the founders to leave their full time jobs to address immigration issues as without a job they won't have any immigration issues.
To people who say that illegals have huge support and resources that is because they have lobby money from businesses who need cheap labor, lawyers who need new clients and politicians who need (future) votes..
In our case business know that first we are not any cheap and second they can move the jobs overseas.. Lawyers already know that they have us by the b***s and politicians flip - flop depending on who they talk to (citizens or us).
I think I have joined IV in last 3 years or so...
Donated money once & have called congressmen & senators many times ...
Could someone please tell me -
What has been achieved by IV till date? I know we all meet elected reps, officials in washington dc ..... but I am interested in end result like not wasting visa numbers , implementing spillover & along these lines.
I have asked few friends to join IV but then if they ask me for IV accomplishments - i can't count any....
Honestly IV is a great platform to help members with their questions and exchange knowledge about immigration topics but nothing more.. I don't expect the founders to leave their full time jobs to address immigration issues as without a job they won't have any immigration issues.
To people who say that illegals have huge support and resources that is because they have lobby money from businesses who need cheap labor, lawyers who need new clients and politicians who need (future) votes..
In our case business know that first we are not any cheap and second they can move the jobs overseas.. Lawyers already know that they have us by the b***s and politicians flip - flop depending on who they talk to (citizens or us).
I think I have joined IV in last 3 years or so...
Donated money once & have called congressmen & senators many times ...
Could someone please tell me -
What has been achieved by IV till date? I know we all meet elected reps, officials in washington dc ..... but I am interested in end result like not wasting visa numbers , implementing spillover & along these lines.
I have asked few friends to join IV but then if they ask me for IV accomplishments - i can't count any....
krishmunn
01-13 09:22 AM
�Permit to re-enter (valid for two years. This document guarantees the holder�s return only if his stay outside the USA has not exceeded two years),
Can't this be construed as AP doc.??
That is Re-Entry permit whcih you can get after getting a GC (if you intend to stay abroad for over 1 year )
Can't this be construed as AP doc.??
That is Re-Entry permit whcih you can get after getting a GC (if you intend to stay abroad for over 1 year )
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