ashwinicool67
04-27 07:18 PM
Hello,
I have been on H1 for last 3 years and had applied for 485 last july as dependant for my spouse's AOS. My spouse is primary applicant for 485. I have my EAD also. I am worried that I may get RFE if I file for an H1 extension. If I am not able to respond to RFE and my H1 extension gets denied will this affect my I-485 in anyway. I am wondering whether or not to apply for H1 extension and just use my EAD.
I have been on H1 for last 3 years and had applied for 485 last july as dependant for my spouse's AOS. My spouse is primary applicant for 485. I have my EAD also. I am worried that I may get RFE if I file for an H1 extension. If I am not able to respond to RFE and my H1 extension gets denied will this affect my I-485 in anyway. I am wondering whether or not to apply for H1 extension and just use my EAD.
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logiclife
03-28 01:40 PM
This is already IV's number one priority on the goals of this org and we are trying to translate this goal and other goals into legislation.
Remember, everyone in the core group also wants this as this can be the life-saver of every person since EAD allows us to have a safety net after you have finished 6 years on H1.
--Jay.
Remember, everyone in the core group also wants this as this can be the life-saver of every person since EAD allows us to have a safety net after you have finished 6 years on H1.
--Jay.
kamal
08-04 02:27 PM
Hi,
I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.
My employer is based in Texas and I am working in california.
After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.
Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.
Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.
The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.
It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.
The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.
Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement). I dont know how to proceed in this regard.
I've the following queries it would be great if I could get some answers/discussions/advice on the same.
1. Is my employer really trying to scare me so that I can pay them for the damamges?
2. Or is my employer completely confident about the breach of agreement and indeed heading for legal action?
3. If so how would I approach from here?
4. Has anybody similar experiences with their employers?
5. Is it advisable to send any such letters (as my employer did) stating the breach of agreement by my employer (such as not paying while on bench etc) ?
6. Should I wait till I get any legal notices from my employer? (I am very much scared about this and I should'nt regret in future that I didn't react to it).
I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.
My employer is based in Texas and I am working in california.
After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.
Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.
Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.
The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.
It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.
The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.
Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement). I dont know how to proceed in this regard.
I've the following queries it would be great if I could get some answers/discussions/advice on the same.
1. Is my employer really trying to scare me so that I can pay them for the damamges?
2. Or is my employer completely confident about the breach of agreement and indeed heading for legal action?
3. If so how would I approach from here?
4. Has anybody similar experiences with their employers?
5. Is it advisable to send any such letters (as my employer did) stating the breach of agreement by my employer (such as not paying while on bench etc) ?
6. Should I wait till I get any legal notices from my employer? (I am very much scared about this and I should'nt regret in future that I didn't react to it).
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Kevin M
April 3rd, 2005, 04:58 PM
An alternative treatment would be to dual process (I am assuming it is a raw file). The one above looks about right for the sky area. Another conversion with + exposure compensation for the shadows and blend the two in your editing software.
Nice image of Half Dome.
Kevin
http://homepage.eircom.net/~bot/paint/photo.htm
Nice image of Half Dome.
Kevin
http://homepage.eircom.net/~bot/paint/photo.htm
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pratikgr
08-08 07:49 PM
My H1 has been denied on Master's quota as I filed for H1 in April and I graduated in May. The reason for denial is that "on notice day, I was not graduate'.
My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.
In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible
My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.
In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible
javadeveloper
07-26 04:51 PM
If I am not wrong your EAD/AP will not be processed until after your I140 is approved.Maybe some one comment on this
You can get EAD even if your I-140 is pending.Correct me if I am wrong.
You can get EAD even if your I-140 is pending.Correct me if I am wrong.
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jsb
01-21 09:07 AM
hi dionysus
i got this from some requirement agencies
If it really has some source of information (and is not a pure rumour), then it may come out as some kind of order that PD cutoff dates can only be moved forward (i.e. no retrogression). We all know, moving dates like a yoyo does not make any sense. It only tells that decision makers over there just don't know what they are doing. This order might force them to think and work before issuing new cutoff dates.
i got this from some requirement agencies
If it really has some source of information (and is not a pure rumour), then it may come out as some kind of order that PD cutoff dates can only be moved forward (i.e. no retrogression). We all know, moving dates like a yoyo does not make any sense. It only tells that decision makers over there just don't know what they are doing. This order might force them to think and work before issuing new cutoff dates.
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gc_kaavaali
11-14 04:03 PM
Do you guys see what happens after January 2nd (or after 6 months of receipt date)....Most of the contractors (who applied their 485 in july) will look for permanent job OR demand more money from their employers...OR more benefits from employer. Employers try to be calm and don't conflict with us. What do u guys think??
Is it going to be tough for desi consultants to earn more money by placing their employees as consultants? Because there are already so many people ready to do permanent job.
Is it going to be tough for desi consultants to earn more money by placing their employees as consultants? Because there are already so many people ready to do permanent job.
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s.m.srinivas
03-31 10:42 PM
Company A in my case has not revoked my H1B, it's still in valid status. I had been to India too & I came back with same VISA on MARCH 12 2009. I have mentioned in the post also.
"snathan", can you tell me what are the options for me now in this situation?
"snathan", can you tell me what are the options for me now in this situation?
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panini
06-18 04:45 PM
I totally agree!
Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.
Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.
more...
immigrationvoice1
10-05 12:05 PM
What does your online status say? Mine changed today and says the following:
Current Status: Approval notice sent.
On October 3, 2007, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT.
No idea what it means though. If you are a July 2nd filer, the above surely should not mean I am about to receive mine anytime now...Confused:confused:
Current Status: Approval notice sent.
On October 3, 2007, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT.
No idea what it means though. If you are a July 2nd filer, the above surely should not mean I am about to receive mine anytime now...Confused:confused:
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simple1
09-16 04:19 PM
If you are genuine: Don’t do it. It will affect your GC.
If you are losers guild member using Indian name to post: Leave this forum immediately. I am tired of fake posts. I personally believe Riakapoor and ar7165 are fake.
you can apply for UI - Unemployment insurance, NOT Unemployment benefit. The first is an insurance, the second a benefit that will impact your GC application.
Hello All,
I am on a dependent EAD. I lost my job (laid off) few days back. Can I enroll for unemplyment benefits as i am reading the threads that dependents can enroll into UB. But just want to make sure before going forward. We are on I-485 pending status.
Please suggest.
Thanks in Advance!
My gc is in process, both I-140 and I-485 is approved over 180 days back. I have a valid EAD. Recently I lost my job (laid off). Can I apply for unemployment benefit?
If you are losers guild member using Indian name to post: Leave this forum immediately. I am tired of fake posts. I personally believe Riakapoor and ar7165 are fake.
you can apply for UI - Unemployment insurance, NOT Unemployment benefit. The first is an insurance, the second a benefit that will impact your GC application.
Hello All,
I am on a dependent EAD. I lost my job (laid off) few days back. Can I enroll for unemplyment benefits as i am reading the threads that dependents can enroll into UB. But just want to make sure before going forward. We are on I-485 pending status.
Please suggest.
Thanks in Advance!
My gc is in process, both I-140 and I-485 is approved over 180 days back. I have a valid EAD. Recently I lost my job (laid off). Can I apply for unemployment benefit?
more...
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Green_Always
03-12 11:45 PM
So now Parents can visit you right ?
Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
:):):):):):)
Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
:):):):):):)
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erichin2477
06-12 05:42 PM
First of all, make sure you double check everything I say here with an immigration lawyer. I am not an immigration lawyer and my knowledge is based on forums like these.
Ok.
You still have another 2 months before you begin the last year of your initial 6-year H1 term.
If you new employer is willing to do H1, then FILE H1 as soon as possible. You will get a 3 year H1 term with your new employer based on your current 140 that is approved(with your current employer). The thing is - beyond the 6th year, you can get 3 year extensions of H1 if your 140 is approved(with someone, anyone, it doesnt have to be your employer at that time). Now, if you quit your current employer and go with new one and you end up getting only 1 year H1 with the new employer(in case if you cannot somehow use your current approved 140 to get a 3 year H1), then its still ok. But have your new employer start the new GC's labor right away. That way, you will have 365 days passed when your 6 year term is over in Aug 2007, making you eligible for 7th year of H1. This is very important.
Yes, if your old employer is going to withdraw your labor and 140, then your new employer will have to start GC from scratch. That begins with PERM labor. If you file under EB2, I think you can still transfer your priority date from your old EB3 labor and 140 to new EB2 process. (however, better make sure from a lawyer).
you seems to be pretty knowledgeble. Here is My case....
I just got my 45-days letters today and my H1-B will expired on May 2007 for the 6 years.
What should I do?
Question 1
Can I change my lawyer? cuz my lawyer is lame. and I am going to apply for my 7-years since I been waiting for 45-days letter more than 2 years since Feb 2004!!!!
Question 2
Can I change my company and relocate to another state and still keep the current GC application going? I assume my old company will still approve and sign anything that they can help. They are pretty generous.
Thanks.
Ok.
You still have another 2 months before you begin the last year of your initial 6-year H1 term.
If you new employer is willing to do H1, then FILE H1 as soon as possible. You will get a 3 year H1 term with your new employer based on your current 140 that is approved(with your current employer). The thing is - beyond the 6th year, you can get 3 year extensions of H1 if your 140 is approved(with someone, anyone, it doesnt have to be your employer at that time). Now, if you quit your current employer and go with new one and you end up getting only 1 year H1 with the new employer(in case if you cannot somehow use your current approved 140 to get a 3 year H1), then its still ok. But have your new employer start the new GC's labor right away. That way, you will have 365 days passed when your 6 year term is over in Aug 2007, making you eligible for 7th year of H1. This is very important.
Yes, if your old employer is going to withdraw your labor and 140, then your new employer will have to start GC from scratch. That begins with PERM labor. If you file under EB2, I think you can still transfer your priority date from your old EB3 labor and 140 to new EB2 process. (however, better make sure from a lawyer).
you seems to be pretty knowledgeble. Here is My case....
I just got my 45-days letters today and my H1-B will expired on May 2007 for the 6 years.
What should I do?
Question 1
Can I change my lawyer? cuz my lawyer is lame. and I am going to apply for my 7-years since I been waiting for 45-days letter more than 2 years since Feb 2004!!!!
Question 2
Can I change my company and relocate to another state and still keep the current GC application going? I assume my old company will still approve and sign anything that they can help. They are pretty generous.
Thanks.
more...
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gc_kaavaali
05-21 02:22 PM
Below are the contents from that pdf document....does it means they will issue interim EAD after 90days??????.
Interim Employment Authorization Document
USCIS is required to adjudicate a pending Form I-765 within 90 days from the date of receipt. 8 CFR 274a.13(d). Failure to complete the adjudication within this time frame requires the Service to grant an employment authorization document for a period not to exceed 240 days. The following steps are being initiated to reduce, and eventually eliminate, the need for USCIS to issue an interim EAD.
Field Offices
Local Offices will no longer accept and adjudicate Form I-765 for an Interim EAD. The Service Centers or NBC will be responsible for adjudicating the pending I-765 and issuing interim or non-interim documentation. Upon receipt of Form I-765 requesting an interim EAD, local field offices are required to perform the following tasks.
� CLAIMS Verification
o Underlying application remains pending
o Determine if RFE has been issued, thus tolling
the 90-day adjudicative requirement o Form I-765 remains
unadjudicated
o Biometrics have been captured�if not, refer to ASC
� Contact NBC or Service Center to initiate EAD production�either Interim
or Non-Interim
� Provide Notice to applicant acknowledging status inquiry.
Check this memo: Elimination of Form I-688B (http://www.uscis.gov/files/pressrelease/ElimI688B_081806R.pdf)
Interim Employment Authorization Document
USCIS is required to adjudicate a pending Form I-765 within 90 days from the date of receipt. 8 CFR 274a.13(d). Failure to complete the adjudication within this time frame requires the Service to grant an employment authorization document for a period not to exceed 240 days. The following steps are being initiated to reduce, and eventually eliminate, the need for USCIS to issue an interim EAD.
Field Offices
Local Offices will no longer accept and adjudicate Form I-765 for an Interim EAD. The Service Centers or NBC will be responsible for adjudicating the pending I-765 and issuing interim or non-interim documentation. Upon receipt of Form I-765 requesting an interim EAD, local field offices are required to perform the following tasks.
� CLAIMS Verification
o Underlying application remains pending
o Determine if RFE has been issued, thus tolling
the 90-day adjudicative requirement o Form I-765 remains
unadjudicated
o Biometrics have been captured�if not, refer to ASC
� Contact NBC or Service Center to initiate EAD production�either Interim
or Non-Interim
� Provide Notice to applicant acknowledging status inquiry.
Check this memo: Elimination of Form I-688B (http://www.uscis.gov/files/pressrelease/ElimI688B_081806R.pdf)
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perm2gc
01-06 04:46 PM
My wife is on H4 and is exploring the posibility of converting to a H1. She recently went for her first interview and the people over there told her that there is a new rule for H4 to H1B conversion. According to them, she needs to go to India and get her H1B stamped before she can start working. Is this true? As far as I know, all one needs is an approved I-797 (for I-129 petition) indicating that the approval is for change of status to H1B (meaning that the approval notice has a I-94).
Please let me know if there is any merit in the above statement?
Nope its not true.All she need is approved I-797.Visa Stamping is only required when she has to travel outside US and reenter.
Please let me know if there is any merit in the above statement?
Nope its not true.All she need is approved I-797.Visa Stamping is only required when she has to travel outside US and reenter.
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bsbawa10
04-11 06:09 AM
I always did paper filing. I have done it third time this time. Incidently, the first two times the EAD approval came in about 17 days but this time, it has already been 15 days and I have not received the receipt even. The check was withdrawn on the 13th day.
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sanju
08-31 12:10 PM
I think we all should VOTE in this poll.
You will waste your time if you vote in Lou Dobbs polls. His pools are rigged. These polls start in the loo as they begin by giving 100,000 votes to his ideological point of view and 0 votes in support of the opposite view. Hence the disclaimer to the pools. I suggest that we simply ignore him and don't participate in his pool. It would be one less human being giving Lou Dobbs no value, making him inconsequential one person at a time.
You will waste your time if you vote in Lou Dobbs polls. His pools are rigged. These polls start in the loo as they begin by giving 100,000 votes to his ideological point of view and 0 votes in support of the opposite view. Hence the disclaimer to the pools. I suggest that we simply ignore him and don't participate in his pool. It would be one less human being giving Lou Dobbs no value, making him inconsequential one person at a time.
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forgerator
11-08 05:14 PM
How many similar positions are in the company? is this the current position you are in, if yes you can not use experience with your employer even in future for this position.
In either case your best bet would be a different EB2 qualified position with same employer or New employer.:o
yes I am in this current position. Let's see how it goes. The lawyer is evaluating it right now.
My EB3 ROW, although better off than India EB3, it's still in bad shape. I'm much better off trying for EB2 ROW (some of my Pakistani friends got their gc in less than 8 months)
In either case your best bet would be a different EB2 qualified position with same employer or New employer.:o
yes I am in this current position. Let's see how it goes. The lawyer is evaluating it right now.
My EB3 ROW, although better off than India EB3, it's still in bad shape. I'm much better off trying for EB2 ROW (some of my Pakistani friends got their gc in less than 8 months)
vinodp1978
06-29 09:30 PM
Guys,
I am in a situation where if i dont file I-140 by PP i will not be eligible for H1b extension. My Labor date is april 27,2007 and my 6th year H1b expiration date is Feb 2,2008..so the 365 days rule wont work. The only way i can be in this country is if my 140/485 gets accepted and i get EAD or PP for 140 gets reinstated for me to extend.
Also if PP for 140 goes away what is the typical time to process from NSC?
can anyone tell me if i am reading the laws right?? any other options?
Thanks.
I am in a situation where if i dont file I-140 by PP i will not be eligible for H1b extension. My Labor date is april 27,2007 and my 6th year H1b expiration date is Feb 2,2008..so the 365 days rule wont work. The only way i can be in this country is if my 140/485 gets accepted and i get EAD or PP for 140 gets reinstated for me to extend.
Also if PP for 140 goes away what is the typical time to process from NSC?
can anyone tell me if i am reading the laws right?? any other options?
Thanks.
cox
April 3rd, 2005, 08:39 PM
The filter is an excellent suggestion, Gary - I prefer to do things in-camera. I did not take later shots, so I can't sandwich them. The reds were extremely short lived, and clouds were moving in (and it was freezing), but I'll remember to get a couple of different exposures for next time.
Thanks for the recommendation, QJ. I'll get out my map and find it.
I'll try your dual processing suggestion, Kevin, but my PS skills are weak compared to some of our resident masters here. ;)
Thanks for the recommendation, QJ. I'll get out my map and find it.
I'll try your dual processing suggestion, Kevin, but my PS skills are weak compared to some of our resident masters here. ;)
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