gemini23
11-19 09:57 AM
Thanks for above posters.
As per the above post the I-797 has to be current for EAD renewal. I am not sure how this can be possible if i chose to use my EAD and discard my H1 status. In that case, not only my h1 stamp will be in expired status, and also I will not have a CURRENT I-797.
In that case, should i just send my copy of expired visa stamp and expired I-797 approval copy for EAD renewal? This is for my EAD, not my spouse's ead renewal.
As per the above post the I-797 has to be current for EAD renewal. I am not sure how this can be possible if i chose to use my EAD and discard my H1 status. In that case, not only my h1 stamp will be in expired status, and also I will not have a CURRENT I-797.
In that case, should i just send my copy of expired visa stamp and expired I-797 approval copy for EAD renewal? This is for my EAD, not my spouse's ead renewal.
vin13
03-12 01:27 PM
We see lots of anger and frustration in this GC journey specially when a VB comes out.
lets me ask myself and all of you these questions.
1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?
2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?
3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?
Last year there was a short lived thread on IV talking about Sueing USCIS/DOS for there misdeeds but it died as people pointed out that we cant sue USCIS/DOS.
If the answer to all the above questions are No and we cant even bring USCIS/DOS in the court then we should keep our mouth shut and let it happen whatever is happening?
Thanks,
Sueing is a tough road.
Here is the tricky part. For example, we all feel the spillover is not happening quarterly. But USCIS/DOS will only give us partial info. They will not tell us how many visas were issued monthly to which category. So we cannot do our calculation to say Quarterly spillover is not happening. Without proof we cannot go to court.
The progress we have seen so far is that DOS is issuing the demand info on a monthly basis. Now we need to persuade them to release the number of visas issued monthy (by category). When we have both these data, we can do our calculations and prove that they are not following the law. Then we can worry about going to senators, congressman, or court.
lets me ask myself and all of you these questions.
1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?
2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?
3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?
Last year there was a short lived thread on IV talking about Sueing USCIS/DOS for there misdeeds but it died as people pointed out that we cant sue USCIS/DOS.
If the answer to all the above questions are No and we cant even bring USCIS/DOS in the court then we should keep our mouth shut and let it happen whatever is happening?
Thanks,
Sueing is a tough road.
Here is the tricky part. For example, we all feel the spillover is not happening quarterly. But USCIS/DOS will only give us partial info. They will not tell us how many visas were issued monthly to which category. So we cannot do our calculation to say Quarterly spillover is not happening. Without proof we cannot go to court.
The progress we have seen so far is that DOS is issuing the demand info on a monthly basis. Now we need to persuade them to release the number of visas issued monthy (by category). When we have both these data, we can do our calculations and prove that they are not following the law. Then we can worry about going to senators, congressman, or court.
gc_on_demand
04-22 11:12 AM
Hello Folks
I had valid stamp till 2011 but at POE I was given H1b till Nov 2010. My lawer told me that person at POE may have made mistake. My old stamp has validity Nov 2007. So he may have overlooked and give me 3 years stay based on that stamp. ( US consulate didont put dark stamp ( Cancelled without prejuidice ) . It was just marked with pen.
Now my 6th year will expire in Nov 2011. I have I 140 approved. so when I apply for H1b ext in Nov 2010 will I get 3 years or just till Nov 2011 and then again new extention for 3 years ?
I had valid stamp till 2011 but at POE I was given H1b till Nov 2010. My lawer told me that person at POE may have made mistake. My old stamp has validity Nov 2007. So he may have overlooked and give me 3 years stay based on that stamp. ( US consulate didont put dark stamp ( Cancelled without prejuidice ) . It was just marked with pen.
Now my 6th year will expire in Nov 2011. I have I 140 approved. so when I apply for H1b ext in Nov 2010 will I get 3 years or just till Nov 2011 and then again new extention for 3 years ?
rb_248
09-05 10:53 AM
Folks,
To celebrate or not to celebrate is the question. I received this email from my attorney's office:
Congratulations! You and your wife are now Legal Permanent Residents of the United States! It has been confirmed this afternoon your I-485 applications were approved this week and your green cards have been ordered.
However, my online status did not change. My question is : Has USCIS stopped updating online status ? or Is this a mistake on my attorney's side ?
Can I do anything in the next 3 days to confirm what happened to my case ? Suggestions appreciated.
It is going to be a long long long weekend for us.
To celebrate or not to celebrate is the question. I received this email from my attorney's office:
Congratulations! You and your wife are now Legal Permanent Residents of the United States! It has been confirmed this afternoon your I-485 applications were approved this week and your green cards have been ordered.
However, my online status did not change. My question is : Has USCIS stopped updating online status ? or Is this a mistake on my attorney's side ?
Can I do anything in the next 3 days to confirm what happened to my case ? Suggestions appreciated.
It is going to be a long long long weekend for us.
more...
gc_on_demand
12-09 11:04 AM
Is there any hope for us...
If it would be there admin must mentioned it on first thread. Well if it passes cloture, then no amendments are allowed. which means dream act will pass by it self. If it fails cloture vote, dream act will not pass...( so no point of adding amendments )
so to me either dream act will pass as alone or will not.. depends on cloture vote.
If it would be there admin must mentioned it on first thread. Well if it passes cloture, then no amendments are allowed. which means dream act will pass by it self. If it fails cloture vote, dream act will not pass...( so no point of adding amendments )
so to me either dream act will pass as alone or will not.. depends on cloture vote.
lazycis
12-29 09:36 AM
It's OK to stay while change of status (COS) is pending if COS was filed before I-94 expiration (your case). Even though your wife will be technically out of status after 1/3/09, she is not going to accumulate unlawful presence because her stay is authorized by US Attorney General. Out of status is not a big deal. A person who came on H1 and filed for AOS does not have any status if H1 expires, but that person is lawfully present in US.
So wait for a decision on COS and if it is denied, your wife has 180 days to get a lawful status or to pack and leave without any adverse consequences.
So wait for a decision on COS and if it is denied, your wife has 180 days to get a lawful status or to pack and leave without any adverse consequences.
more...
priderock
03-26 03:22 PM
...and whats this poll going to do for us?
Proves that we are not cheap labor and we are not driving the salaries down. I know citizens in my position in my company are not being paid more than me. We had waited for three months to fill a position and we have to compromise in the end because we could not get enough resumes to go through.
Proves that we are not cheap labor and we are not driving the salaries down. I know citizens in my position in my company are not being paid more than me. We had waited for three months to fill a position and we have to compromise in the end because we could not get enough resumes to go through.
GCEB2
06-24 08:06 PM
at the POE i was being given I-94 validity till Nov 2008 but i have visa till 2009, when i asked the immigration officer at POE he told me my passport was expiring in 6 months and told me to get a new passport and come back, when i went back to airport they gave me one I102 form to fill, Iam on H4 visa and i havent used my EAD yet.
My question is
1. if i send the I102 form how long will it take to get new I 94 card.
2. i need to renew my EAD which i never used before will it cause any problem. do i need to submit my copy of I94 card for renewel of EAD.
3. Other option is going out of country and coming back but after entering into USA with H4 visa i applied my SSn and i got it and till now i did not use my EAD and i did not apply for AP as its not required., so if i go out of country and come back what will be my status as i applied SSN
My question is
1. if i send the I102 form how long will it take to get new I 94 card.
2. i need to renew my EAD which i never used before will it cause any problem. do i need to submit my copy of I94 card for renewel of EAD.
3. Other option is going out of country and coming back but after entering into USA with H4 visa i applied my SSn and i got it and till now i did not use my EAD and i did not apply for AP as its not required., so if i go out of country and come back what will be my status as i applied SSN
more...
a_yaja
09-19 10:51 AM
I am planning to book tickets for my parents travelling from India to US and returning back to India after 2 months. I have some questions:
1) Is it necessary to book tickets in India?
2) If not, Can I book tickets through orbitz or expedia in the US and send them the e-tickets?
Please reply with your experiences.
Thanks in advance!
I have booked tickets on orbitz.com for my parents and cheaptickets.com for my in-laws. Both were eTickets and there were no problems. I preferred to pay in USD over INR due to the fact that visa/ mastercard charge a 1% transaction fee for international currency and my bank would have screwed me on the exchange rate.
1) Is it necessary to book tickets in India?
2) If not, Can I book tickets through orbitz or expedia in the US and send them the e-tickets?
Please reply with your experiences.
Thanks in advance!
I have booked tickets on orbitz.com for my parents and cheaptickets.com for my in-laws. Both were eTickets and there were no problems. I preferred to pay in USD over INR due to the fact that visa/ mastercard charge a 1% transaction fee for international currency and my bank would have screwed me on the exchange rate.
Jerrome
10-19 09:57 AM
I don't have an A#? Where can i find that.
more...
allen_1974
01-23 01:41 AM
Ask your H1B holding company what should be your reply in case Consultate asks you about client details. This question will come to you 100%. So prepare for it. If you and your H1B holding company is satisfied then its fine. One solutions could be to mention in DS 156 that you are workking at your H1B holding company place. But its just a thought. Discuss it with your company.
Best wishes
Best wishes
lbk
08-02 07:47 PM
I got I-140 Notice returned as undeliverable.
I got email notification on June 26 as approved and we will mail it to you.
After 2 days lated my attorny told me that he got that letter, he send to me by email as pdf file.
I have a question the letter attorny got is pdf file or original by mail(post).
Who will get the I -140 aaproval original letter?
I got email notification on June 26 as approved and we will mail it to you.
After 2 days lated my attorny told me that he got that letter, he send to me by email as pdf file.
I have a question the letter attorny got is pdf file or original by mail(post).
Who will get the I -140 aaproval original letter?
more...
transpass
09-28 01:06 PM
My 485 app was received on July 18 at NSC, no checks cashed yet. EAD/ AP recieved on Aug 10 at NSC, got RN for EAD and AP. Is there a possibility of getting EAD card, even if 485 was not filed? One of my freinds was under the same situation, and she and her spouse got the EAD from TSC, without 485 filing.
As far as I know, it should not happen. This is bizzare...May be it was a mistake in ur friend's case...
As far as I know, it should not happen. This is bizzare...May be it was a mistake in ur friend's case...
arrarrgee
07-05 12:38 PM
I am sure they would do that ...
Just a thought...
These guys are so paranoid these days that I would not be surprised if they send for bomb sniffign dogs and anti-anthrax teams when they receive several flower packages on the same day :rolleyes: :D
Just a thought...
These guys are so paranoid these days that I would not be surprised if they send for bomb sniffign dogs and anti-anthrax teams when they receive several flower packages on the same day :rolleyes: :D
more...
guitarzen
09-13 10:13 AM
still waiting for a reviews!
krishna_brc
02-18 12:46 PM
My Indian employer offered me to continue working from home from US. Is that legal to do when you are in the US on an H4 visa? Thanks..
If you get salary in INR which is credited to your Indian Bank A/c
then you should be fine.
If you get salary in USD credited to US Bank A/C then its ILLEGAL.
Thanks,
Krishna
If you get salary in INR which is credited to your Indian Bank A/c
then you should be fine.
If you get salary in USD credited to US Bank A/C then its ILLEGAL.
Thanks,
Krishna
more...
somegchuh
11-01 05:53 PM
Can someone here on this forum list down all the documents that are required to file 140 and 485. Or if this has been discussed in a thread can you please point me to the right forum?
cool_guy_onnet1
02-21 09:37 AM
This is the EB1 the usage for the last 14 years
06 = 36,960
05 = 64.731
04 = 31,291
03 = 14,544
02 = 34,452
01 = 41,801
00 = 27,706
99 = 14,898
98 = 21,408
97 = 21,810
96 = 27,501
95 = 17,339
94 = 21,053
93 = 21,114
The limit was at least 40.040 for each FY. In FY 06 it was 41,170. As you can see the limit has been reached twice in the last 14 years.
I went to REC (one of the top 20 schools in India) did my Mastrs in Full scholarship and have International papers for IEEE + Few Algorithms that have been presented at Int. Conferences,( I could not attend the conf. in Paris since I did not want to go and get stamped and go through all the hassel- Go figure). I am an Ideal candidate for EB1 but my lawyer said there is a 50/50 chance for further enquiry and it will only delay the process.
I know, I know but trust me, I was a University topper in Probablity and AI theories and I decided to chicken-out.
Not because I am afraid of enquiries, I just dont want to raise any flags. I want to keep working, Hopefully get my GC within few* years and then prove myself .
I applied under EB2 only because I don't want any enquiries and I know these POS lawyers will only delay the RFE's.
Anyway, I was just frustated, sorry about this rage but just needed an outlet.
People will only file under EB1 when A) They are not from India/China and They are not afraid to go and face any flags.
& /OR B) They have good lawyer, who is very much prudent and willing to take chances.
Any other theories and welcome
*CONDITIONS APPLY LOL
06 = 36,960
05 = 64.731
04 = 31,291
03 = 14,544
02 = 34,452
01 = 41,801
00 = 27,706
99 = 14,898
98 = 21,408
97 = 21,810
96 = 27,501
95 = 17,339
94 = 21,053
93 = 21,114
The limit was at least 40.040 for each FY. In FY 06 it was 41,170. As you can see the limit has been reached twice in the last 14 years.
I went to REC (one of the top 20 schools in India) did my Mastrs in Full scholarship and have International papers for IEEE + Few Algorithms that have been presented at Int. Conferences,( I could not attend the conf. in Paris since I did not want to go and get stamped and go through all the hassel- Go figure). I am an Ideal candidate for EB1 but my lawyer said there is a 50/50 chance for further enquiry and it will only delay the process.
I know, I know but trust me, I was a University topper in Probablity and AI theories and I decided to chicken-out.
Not because I am afraid of enquiries, I just dont want to raise any flags. I want to keep working, Hopefully get my GC within few* years and then prove myself .
I applied under EB2 only because I don't want any enquiries and I know these POS lawyers will only delay the RFE's.
Anyway, I was just frustated, sorry about this rage but just needed an outlet.
People will only file under EB1 when A) They are not from India/China and They are not afraid to go and face any flags.
& /OR B) They have good lawyer, who is very much prudent and willing to take chances.
Any other theories and welcome
*CONDITIONS APPLY LOL
tonyHK12
12-09 11:32 AM
The breaking news is the House Democrats have decided not to undertake Tax cut bill in the House, meaning the new tax cut deal announced by the President will not hold good anymore.
Tax cuts will expire automatically end of 2010, meaning everyones bi-weekly paycheck would get cut 50-100 bucks if nothing happens
Tax cuts will expire automatically end of 2010, meaning everyones bi-weekly paycheck would get cut 50-100 bucks if nothing happens
oldguynewguy
11-17 04:08 PM
Hello,
I am currently on H-1B with AoS pending. My visa stamp has expired (over a year ago) but 797 is valid. My AP has also expired. I am planning to travel to India. Do you recommend renewing my H-1B stamp which is valid for another 1.5 years or renew Advance Parole and travel on that.
Do I need to extend my EAD even if I am on H-1B and would like to stay on H-1B and do I need to extend my wife's EAD at this time. She is currently not working and there is no immediate need. Can I renew it at a later time.
Your assistance will be greatly appreciated.
Thanks.
I am currently on H-1B with AoS pending. My visa stamp has expired (over a year ago) but 797 is valid. My AP has also expired. I am planning to travel to India. Do you recommend renewing my H-1B stamp which is valid for another 1.5 years or renew Advance Parole and travel on that.
Do I need to extend my EAD even if I am on H-1B and would like to stay on H-1B and do I need to extend my wife's EAD at this time. She is currently not working and there is no immediate need. Can I renew it at a later time.
Your assistance will be greatly appreciated.
Thanks.
meet
08-31 09:36 PM
Please do reply to my queries...........
