rockstart
01-15 12:54 PM
I got mine in 3 months non premium processing for H1 extension (1st 3 years over so applied for second three years) same employer, same profile. So basically the most straight application you can put.
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logiclife
08-02 11:18 AM
EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.
I was contemplating on job change before dates became current in June and decision to accept 485....
Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).
Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).
So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)
(I am single and those complexities are not to be considered I guess yet.
Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)
EAD is really worth having, especially in IT, because finding jobs with same or similar job description is not difficult.
Even if not in IT, the ability to start working for someone without bothering that employer to sponsor your H1 is a HUGE PLUS. HUGE and I mean really really really HUGE.
Also, if you are in IT, and if job market becomes worse, then employers have more choice and during those times, they get picky and choosy and ask for candidates who have work authorization (Meaning, EAD or GC or citizenship) so that they dont have to sponsor H1 and go thru those hassles. (employers get sick of USCIS delays too).
Therefore, whether you want to stay with same employer, or change to new one, having EAD is a big benefit because having EAD is same as having GC (after 180 days of 485 filing) with one caveat : with GC, you can change profession, or stay at home and not work....with EAD, you need to work and you need to be within the same job description.
Not to mention, the travel benefits. When 485 is pending, in addition to EAD, you get AP for travel and AP is guaranteed re-entry after a visit outside USA. IF on H1, you need to have H1 stamp and if H1 stamp on passport is expired then you have to spend time gathering documents and getting consulate appointment and getting H1 stamp -- Something that causes unneccesary anxiety and too much heartburn and potentially ruins the vacation due to anxiety.
I was contemplating on job change before dates became current in June and decision to accept 485....
Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).
Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).
So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)
(I am single and those complexities are not to be considered I guess yet.
Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)
EAD is really worth having, especially in IT, because finding jobs with same or similar job description is not difficult.
Even if not in IT, the ability to start working for someone without bothering that employer to sponsor your H1 is a HUGE PLUS. HUGE and I mean really really really HUGE.
Also, if you are in IT, and if job market becomes worse, then employers have more choice and during those times, they get picky and choosy and ask for candidates who have work authorization (Meaning, EAD or GC or citizenship) so that they dont have to sponsor H1 and go thru those hassles. (employers get sick of USCIS delays too).
Therefore, whether you want to stay with same employer, or change to new one, having EAD is a big benefit because having EAD is same as having GC (after 180 days of 485 filing) with one caveat : with GC, you can change profession, or stay at home and not work....with EAD, you need to work and you need to be within the same job description.
Not to mention, the travel benefits. When 485 is pending, in addition to EAD, you get AP for travel and AP is guaranteed re-entry after a visit outside USA. IF on H1, you need to have H1 stamp and if H1 stamp on passport is expired then you have to spend time gathering documents and getting consulate appointment and getting H1 stamp -- Something that causes unneccesary anxiety and too much heartburn and potentially ruins the vacation due to anxiety.
getrdone
11-12 05:05 PM
Can you please tell me, when was this announced? Is this a new rule ?
I think people converting from F1 to H1 go to mexico.
yes its new rule..dont know when it came to effect
I think people converting from F1 to H1 go to mexico.
yes its new rule..dont know when it came to effect
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vinzak
01-04 11:27 PM
LOL--- Proposing a new name for this website: IndianImmigrationVoice.org which would be more appropriate as 99% of ppl posting on this website talks about US immigration only from an Indian point of view --- LOL
with original witty quips like that, i would really encourage you to be a standup comic.
with original witty quips like that, i would really encourage you to be a standup comic.
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nairvimal
06-18 11:20 AM
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GCVoice
12-20 10:45 AM
Hi.
I have a question on whether Advance Parole is required for my wife to come back to the US.
She is coming back on December last week. Her H4 visa is expiring on JAN first week. she has her new H4 extension approval notice, 485 receipt notice with her. Does she need to have advance parole to come back?
(Her AP got approved after she left and I have received the docs recently. So I was wondering if I should fed-ex the docs to her).
UPDATE: she has a valid H4 Visa stamping on passport till Jan 10
Please advice
I have a question on whether Advance Parole is required for my wife to come back to the US.
She is coming back on December last week. Her H4 visa is expiring on JAN first week. she has her new H4 extension approval notice, 485 receipt notice with her. Does she need to have advance parole to come back?
(Her AP got approved after she left and I have received the docs recently. So I was wondering if I should fed-ex the docs to her).
UPDATE: she has a valid H4 Visa stamping on passport till Jan 10
Please advice
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gcfriend65
12-07 03:06 PM
databases for CSC and NSC are aligned and then notices are sent automatically. Unless that happens one has to wait to get the FP notice.
bump /\/\
bump /\/\
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gcisadawg
02-03 02:12 PM
hello boss...
whoever is replying to my thread...
iam not faking or frauding anything ..and you guys dont have any right to tell me.
I had a very nice job back in my home country and iam well experienced guy..
unfortunately due to some personal reasons nothing strike me in my way.
u guys dont have to be so rude.
thought i will get help from this forum but not a negative response
thanku very much
I understand you are experienced and had a great job at home! But do you understand that you have already broken the law?
whoever is replying to my thread...
iam not faking or frauding anything ..and you guys dont have any right to tell me.
I had a very nice job back in my home country and iam well experienced guy..
unfortunately due to some personal reasons nothing strike me in my way.
u guys dont have to be so rude.
thought i will get help from this forum but not a negative response
thanku very much
I understand you are experienced and had a great job at home! But do you understand that you have already broken the law?
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gc1024
07-17 04:53 PM
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
The above has these two items.
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
E. AUGUST EMPLOYMENT-BASED VISA AVAILABILITY
All Employment-based preference categories are �Unavailable� for August. At this time, it is uncertain whether any numbers will be returned and can be reallocated at a future date. Until informed otherwise, all readers should assume that the categories will remain unavailable until October, which is the beginning of the new fiscal year.
Is D applicable to those who filed earlier this month and E for those waiting to file?
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
The above has these two items.
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
E. AUGUST EMPLOYMENT-BASED VISA AVAILABILITY
All Employment-based preference categories are �Unavailable� for August. At this time, it is uncertain whether any numbers will be returned and can be reallocated at a future date. Until informed otherwise, all readers should assume that the categories will remain unavailable until October, which is the beginning of the new fiscal year.
Is D applicable to those who filed earlier this month and E for those waiting to file?
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Pankaj
08-15 01:24 PM
My understanding is:
I think in VA you are partially protected against the non compete law.
If contract says it is limited to maximum of 2 years and you can not work for some specific companies, unfortunately non comptete law is valid.
But VA gives a write to earn for your living. If you can proove that if you might not have taken this job, you would not be able to earn. Only you can challenge the non compete law.
Search on google, you might get good reasonable description of non compete law in VA.
I think in VA you are partially protected against the non compete law.
If contract says it is limited to maximum of 2 years and you can not work for some specific companies, unfortunately non comptete law is valid.
But VA gives a write to earn for your living. If you can proove that if you might not have taken this job, you would not be able to earn. Only you can challenge the non compete law.
Search on google, you might get good reasonable description of non compete law in VA.
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waitnwatch
05-25 07:40 PM
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
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prabasiodia
04-08 03:05 PM
This one was posted originally at http://immigrationvoice.org/forum/archive/index.php/t-20450.html. Just replace USVI with Hawaii.
USVI is a US territory hence, you will be able to fly in with the drivers license. They do not take your I 94 back. Just to make sure you are in US territorial waters, don't swim or wade out more than 5 feet out in the water. You could be swimming in international waters without proper US exit authorization. Your entry to shore could be subject to unauthorized landing. A water tight bag lugged around your fanny with passport/I94/H1B/paystubs/employer letters/DL(Driver License)/EAD(Employment Authorization Document)/AP(Advanced Parole)/receipts/etc etc. should keep you safe though. Just keep it away from the sharks. Enjoy your vacation.:D:D:D
USVI is a US territory hence, you will be able to fly in with the drivers license. They do not take your I 94 back. Just to make sure you are in US territorial waters, don't swim or wade out more than 5 feet out in the water. You could be swimming in international waters without proper US exit authorization. Your entry to shore could be subject to unauthorized landing. A water tight bag lugged around your fanny with passport/I94/H1B/paystubs/employer letters/DL(Driver License)/EAD(Employment Authorization Document)/AP(Advanced Parole)/receipts/etc etc. should keep you safe though. Just keep it away from the sharks. Enjoy your vacation.:D:D:D
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MeraNaamJoker
08-13 03:04 PM
This seems to be a unique situation.
If the company does not object to your approval then you should be fine.
Please try to contact them or thier lawyer. (hopefully the lawyer is still in business :-) )
If the company does not object to your approval then you should be fine.
Please try to contact them or thier lawyer. (hopefully the lawyer is still in business :-) )
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aditik
07-20 08:49 PM
I know I have read it on the USCIS website...I'll get it for you
Hi
This is what is mentioned on the I-765 form.
http://www.uscis.gov/files/form/I-765.pdf
Check page number 9. It speaks about Interim EAD, and this document expires on 08/31/08. If they have stopped issuing Interim EADs how come it says the opposite on this document. Just wondering:confused:
Hi
This is what is mentioned on the I-765 form.
http://www.uscis.gov/files/form/I-765.pdf
Check page number 9. It speaks about Interim EAD, and this document expires on 08/31/08. If they have stopped issuing Interim EADs how come it says the opposite on this document. Just wondering:confused:
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dpp
08-17 04:06 PM
fedex des not deliver to PO boxes
Everybody knows that. But what he referring is "whey didn't you use FedEx service by giving Street address of TSC?"
Everybody knows that. But what he referring is "whey didn't you use FedEx service by giving Street address of TSC?"
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chintu25
01-15 11:01 PM
http://thomas.loc.gov/cgi-bin/query/F?c111:1:./temp/~c111HC0fZW:e35939:
NICE
NICE
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luckylavs
07-17 04:44 PM
what is this ?
All EB based is displayed as U. Is there no annoucement ?
All EB based is displayed as U. Is there no annoucement ?
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defrag40
10-28 07:24 PM
It is hard to say. I am in the same situation as you (filed concurrently by June 21). I believe it is not worth giving them an extra $1000, and for what. You already have filed your I-485. What is the downside?
Mine was upgraded to Premium by my company after waiting 15 months (see signature). Two days after it was upgraded, my I-140 was approved. Then company lawyer sent inquiry to USCIS on my I-485 after that I saw LUD on 9/15,9/16,9/17 then nothing. Then another LUD on 10/25,10/26 then on 10/27 i got 21 emails from CRIS, our 485 was approved (family of 5). So I think it's worth it. I thought I am stucked with name/background check but I guess I am not since they approved my I-485. So good luck to you guys !!
Mine was upgraded to Premium by my company after waiting 15 months (see signature). Two days after it was upgraded, my I-140 was approved. Then company lawyer sent inquiry to USCIS on my I-485 after that I saw LUD on 9/15,9/16,9/17 then nothing. Then another LUD on 10/25,10/26 then on 10/27 i got 21 emails from CRIS, our 485 was approved (family of 5). So I think it's worth it. I thought I am stucked with name/background check but I guess I am not since they approved my I-485. So good luck to you guys !!
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arihant
06-01 11:13 PM
Guys I had started this thread for people who have already filed for I485 and are waiting for a visa number. I am surprised at how this thread has been altered with a poll and the kind of posts people are making.
purplehazea,
I started the other thread with the poll. I do not know how the two threads morphed together:confused:
purplehazea,
I started the other thread with the poll. I do not know how the two threads morphed together:confused:
karthikdurai
02-01 09:11 PM
Thanks MC thats a valid Point.
There are 2 reasons that I thought of for not applying / renewing.
1) I'm not planning on going anywhere after / atleast for a year.
2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.
Appreciate your time.
Regards
Karthik
There are 2 reasons that I thought of for not applying / renewing.
1) I'm not planning on going anywhere after / atleast for a year.
2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.
Appreciate your time.
Regards
Karthik
Slider16
05-29 09:34 PM
Charleh,
Thank you for the clear, concise reply. That is exactly what I needed and it works fine. You're right, I will have to read up on the tableadapters. After getting your suggestion working, I immediately wanted go to designing a small form to manage my metadata tables.
I will start another thread regarding that, however. I want to ask about enforcing referential integrity and self-incrementing unique id's.
Thanks again.
Slider16
Thank you for the clear, concise reply. That is exactly what I needed and it works fine. You're right, I will have to read up on the tableadapters. After getting your suggestion working, I immediately wanted go to designing a small form to manage my metadata tables.
I will start another thread regarding that, however. I want to ask about enforcing referential integrity and self-incrementing unique id's.
Thanks again.
Slider16
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