kumar_77
06-19 07:14 PM
Thanks for the update ...
Mailed my state chapter ..no reply yet :(
Mailed my state chapter ..no reply yet :(
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sanju_dba
06-25 03:06 PM
1) Sep 16 2007 to Apr 2008 is > 6months so you cannot apply for 797
renewal to get a new i94 indirectly.
2) Currently your status is H1 , if you use AP then ur status will becom Parolee and if you use EAD then "???"
I think of these solutions...
1) Exit and Enter the country to match with your 797 dates.
or
2) Talk to your employer ,find a temporary employer to switch your h1 and switch back to your current employer. ( do premium if necessary ).
renewal to get a new i94 indirectly.
2) Currently your status is H1 , if you use AP then ur status will becom Parolee and if you use EAD then "???"
I think of these solutions...
1) Exit and Enter the country to match with your 797 dates.
or
2) Talk to your employer ,find a temporary employer to switch your h1 and switch back to your current employer. ( do premium if necessary ).
lostinbeta
01-02 05:30 PM
Awwww :blush:
Thanks Ren :)
I understand why you went with the adorable little sheep.... makes perfect sense :)
As long as I am still your main squeeze :beam: (and vice versa :))
Thanks Ren :)
I understand why you went with the adorable little sheep.... makes perfect sense :)
As long as I am still your main squeeze :beam: (and vice versa :))
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gcseeker2002
11-11 11:10 AM
I was exactly in the similar situation. My wife entered on H4, started work on EAD. Now we are traveling to India, both have AP as well as H visa (H1 for myself, H4 for wife). I talked to our corporate lawyers pretty much the exact same questions you are asking. Here is the response (that I have in writing from the lawyers):
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
We are in exact same scenario, but was thinking that H4 holder has to enter using AP to continue to use EAD after "vacation" . So is it like, Use H4 for travel and EAD to work, instead of , Use AP for travel and EAD to work? This will be of great help to many people who are scared to use AP or not want to face the extra half hour at immigration counters.
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
We are in exact same scenario, but was thinking that H4 holder has to enter using AP to continue to use EAD after "vacation" . So is it like, Use H4 for travel and EAD to work, instead of , Use AP for travel and EAD to work? This will be of great help to many people who are scared to use AP or not want to face the extra half hour at immigration counters.
more...
sjhugoose
February 4th, 2004, 09:01 PM
Actual daily press and wire service photographers will undoubtly use 4mp. You may not be aware, but all the goreous 2 column color shots you see on USA Today etc. are printed from files that are usually 700k - 800k. There are heavily compressed for transmitting. All the wires do that. They don't get full files. The most attractive things to me are the high ISO performance, the ability to customize colorspace amd I'm anxious to test the new autofocus capabilities. The 8 mp is a plus for shooting for a mag or other output. Even at that, I've had 1D shots as a glossey mag color that looked great. One advantage higher megapixels give a sportshooter is for sports like football. Due to the size of the field, the ability to crop more gives you more field coverage. But then the question is will you have enough time to work with files that are twice the size. I'm sure that's why Canon listened and gave us 4 MP as an option.
I don't doubt what you say on iota and I've heard stories from the Day in the life of africa talking about the abilities of digital. But I also know the ability of this world to adapt and grow. Today people ay complain about file size but who knows tomorrow. And what about when thos same PJ's want that image for other form factors than may require greater resolution? It's an evolving world and its pretty short sided to believe that a certain file size is all that will be used.
Scott
I don't doubt what you say on iota and I've heard stories from the Day in the life of africa talking about the abilities of digital. But I also know the ability of this world to adapt and grow. Today people ay complain about file size but who knows tomorrow. And what about when thos same PJ's want that image for other form factors than may require greater resolution? It's an evolving world and its pretty short sided to believe that a certain file size is all that will be used.
Scott
485Mbe4001
06-13 02:24 PM
We had a discussion with our company lawyers about this. We wanted to know if it was possible to file for EB2 after a promotion. They told us the following and said we cannot change (dont know if its bs, you talk to your lawyer.)
a) EB is based on your previous job not the current one. So even when i have worked in my current company for 8 years, the current experience is not counted.
b) The new job/position should have activities more than 50% different to your previous position ( even tho i was eligible for EB2 then, i was suggested EB3, still suffering for that blunder). Unfortunately Software engineer is a position where the job activities include everybody uncle and more.
i think its a different story if you change your job, if you like your job and want to stay then there is little you can do.
Folks:
I am one of the frustrated ones under EB-3 (India) with a PD of Jul 2003. My case is as follows:
I had 3.5 years of experience + MBA from India when I joined the current Job in 2001.
I applied for my GC in 2003 and the lawyer said since my MBA was not relevant for the current job (software engineer) and since my experience before the current job was less than 5 years, I should apply EB-3.
Currently, I have 11 years of experience (out of which 7.5 is with the current employer from whom I have applied for GC) and I have moved to Business Development that uses my MBA quals.
Can I change to EB-2? What do I need to do? What are the risks?
Any/all pointers will be appreciated
a) EB is based on your previous job not the current one. So even when i have worked in my current company for 8 years, the current experience is not counted.
b) The new job/position should have activities more than 50% different to your previous position ( even tho i was eligible for EB2 then, i was suggested EB3, still suffering for that blunder). Unfortunately Software engineer is a position where the job activities include everybody uncle and more.
i think its a different story if you change your job, if you like your job and want to stay then there is little you can do.
Folks:
I am one of the frustrated ones under EB-3 (India) with a PD of Jul 2003. My case is as follows:
I had 3.5 years of experience + MBA from India when I joined the current Job in 2001.
I applied for my GC in 2003 and the lawyer said since my MBA was not relevant for the current job (software engineer) and since my experience before the current job was less than 5 years, I should apply EB-3.
Currently, I have 11 years of experience (out of which 7.5 is with the current employer from whom I have applied for GC) and I have moved to Business Development that uses my MBA quals.
Can I change to EB-2? What do I need to do? What are the risks?
Any/all pointers will be appreciated
more...
mmk123
08-04 10:33 AM
Few of my friends are trying EB3 to EB2 - which is a good alternative to waiting but doing nothing.
They believe they are wrongly put in EB3 as they believe their education and job requirements match with EB2. But wrong company policy put them in EB3.
Will post if I hear back from them.
Good luck to everyone who is doing this; it's a great step! It is a step worth trying than the endless wait and should be encouraged.
They believe they are wrongly put in EB3 as they believe their education and job requirements match with EB2. But wrong company policy put them in EB3.
Will post if I hear back from them.
Good luck to everyone who is doing this; it's a great step! It is a step worth trying than the endless wait and should be encouraged.
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leoindiano
01-18 10:15 AM
2000-2002 was worst. Who didnt do job search during that time have no idea how it felt like.
I just came out of school then and it felt like sky is falling on me. Becoming desparate to survive, i went to work in a gas station. The lady owner didnt pay me after i worked for a week saying i am not concentrating enough. Then out of no where i found a technology job that paid 17$ per hour to keep me going and they did my H1 a year later in 2002. It just made me more strong i guess. But, it is a hell of an experience. Most of my freinds went for second masters or PHD to Keep the status.
I just came out of school then and it felt like sky is falling on me. Becoming desparate to survive, i went to work in a gas station. The lady owner didnt pay me after i worked for a week saying i am not concentrating enough. Then out of no where i found a technology job that paid 17$ per hour to keep me going and they did my H1 a year later in 2002. It just made me more strong i guess. But, it is a hell of an experience. Most of my freinds went for second masters or PHD to Keep the status.
more...
ntpatil
11-11 01:19 AM
Hi there
Yes, when you join work you need to fill a new I9 to officially claim your right to employment using an EAD (if you have entered as an H4). Basically, this is the documentation to prove that you are undertaking authorized employment and giving up your H4 status.
Now, if the underlying 485 of the primary applicant gets denied, then you can continue working if your H1 is still valid but sadly your wife cannot work and has to stop working immediately until a MTR is filed and USCIS resumes the case processing pending decision of MTR.
A friend of mine was in this situation. His wife stopped working, their lawyer filed MTR (wife took unpaid leave of absense for 2 months) and after the case status changed to under consideration, she resumed working. Remember, the EAD is only valid as long as the 485 is not in a denied status. If employment is continued after 485 is denied and before MTR is accepted, you can later face problems for having engaged in unlawful employment in case you have an interview.
Thanks again Chaanakya,
I understand that the dependent loses the EAD status when the underlying 485 is denied. However, if the primary applicant is still maintaining H1, then is there a way to get H4 back by staying here in the US. Or is the only way to get H4 is to go back to India and come back here. At this point I do not care about filing an MTR to open the 485, but I need to get back to H4 status.
Yes, when you join work you need to fill a new I9 to officially claim your right to employment using an EAD (if you have entered as an H4). Basically, this is the documentation to prove that you are undertaking authorized employment and giving up your H4 status.
Now, if the underlying 485 of the primary applicant gets denied, then you can continue working if your H1 is still valid but sadly your wife cannot work and has to stop working immediately until a MTR is filed and USCIS resumes the case processing pending decision of MTR.
A friend of mine was in this situation. His wife stopped working, their lawyer filed MTR (wife took unpaid leave of absense for 2 months) and after the case status changed to under consideration, she resumed working. Remember, the EAD is only valid as long as the 485 is not in a denied status. If employment is continued after 485 is denied and before MTR is accepted, you can later face problems for having engaged in unlawful employment in case you have an interview.
Thanks again Chaanakya,
I understand that the dependent loses the EAD status when the underlying 485 is denied. However, if the primary applicant is still maintaining H1, then is there a way to get H4 back by staying here in the US. Or is the only way to get H4 is to go back to India and come back here. At this point I do not care about filing an MTR to open the 485, but I need to get back to H4 status.
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thomachan72
05-25 06:52 PM
Maybe USCIS loves me.
I have a friend whose priority date is March 2005 and he got his GC in Aug 2008.
Good for you. Please do continue to provide your support to this community.
I have a friend whose priority date is March 2005 and he got his GC in Aug 2008.
Good for you. Please do continue to provide your support to this community.
more...
gc_chahiye
01-11 12:17 AM
Your employer cannot revoke approved I-140 after 180 days of filing of I-485. AC21 portability law clearly says that. Your employer is playing with the lifes of employees. He cannot win any case in this situation. You better look for another employer and move ASAP. Also, you cannot keep PD as it is somebody else's PD. Eventhough you/your can try appealing with no chances of winning, but you/your employer is trying to spoil the life another person who got GC.
employer can withdraw I-140 any time. A withdrawl after 180 days of 485 filing should not impact the original beneficiary.
However these cases of substituted beneficiary using an I-140 when the underlying labor has been already been used by someone else for an approval, is a very gray area. USCIS has denied such cases in the past. search for "AC-21" + "mitosis" on Google to see various theories and threads about this...
I would second the suggestion to let this go, but talk to a very good immigration attorney like Murthy/Rajiv Khanna. A 30 minute consultation might be a worthwhile investment.
employer can withdraw I-140 any time. A withdrawl after 180 days of 485 filing should not impact the original beneficiary.
However these cases of substituted beneficiary using an I-140 when the underlying labor has been already been used by someone else for an approval, is a very gray area. USCIS has denied such cases in the past. search for "AC-21" + "mitosis" on Google to see various theories and threads about this...
I would second the suggestion to let this go, but talk to a very good immigration attorney like Murthy/Rajiv Khanna. A 30 minute consultation might be a worthwhile investment.
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msp1976
10-19 04:19 PM
Not really, broadly speaking lack of information can never be a benefit to consumer. (Read: hidden clauses in agreements). It might be that they have been doing that and we don't know. You will ONLY know if you apply for another H1B transfer or any other application say I-140/I-485 with new employer and then USCIS MIGHT tell you that your I-140 is revoked on MM/DD/YYYY and you are no longer in valid H1B status since then. That would be too late and it is not retroactive. Remember that onus is on you to maintain valid H1B status all the time during the period of H1B. Once again I am not saying what I mention above is the correct interpretation of law, but in the absence of any clarify it can be one of the implication.
well...The history is that USCIS did release the proposed regulation dealing with all these back in 2002 if I remember correctly..Then there was a comment period...They got so many comments...that after that they did not even bother to publish the regulations in the federal register...That was the last heard of it....Now the only time when the issue of these regulations can possibliy come up is when there is a leadership change in USCIS...Any our fate would depend on who is in control of USCIS at that particular instance...
But this sword would fall some day..I donot know when..I donot know if it would fall on us....or we would just steer clear....The thing is that there is a lot of resistance to changes in status quo both inside USCIS and AILA...
Well AILA would want the status quo to continue....Them lawyers are making money of us anyway.....
I am in US last 7 years...The career is stagnant..No sign of GC anywhere....I am very despondent...But then what else is new ???
well...The history is that USCIS did release the proposed regulation dealing with all these back in 2002 if I remember correctly..Then there was a comment period...They got so many comments...that after that they did not even bother to publish the regulations in the federal register...That was the last heard of it....Now the only time when the issue of these regulations can possibliy come up is when there is a leadership change in USCIS...Any our fate would depend on who is in control of USCIS at that particular instance...
But this sword would fall some day..I donot know when..I donot know if it would fall on us....or we would just steer clear....The thing is that there is a lot of resistance to changes in status quo both inside USCIS and AILA...
Well AILA would want the status quo to continue....Them lawyers are making money of us anyway.....
I am in US last 7 years...The career is stagnant..No sign of GC anywhere....I am very despondent...But then what else is new ???
more...
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Widget
01-04 11:22 AM
I have 2 questions, the first one is about changing the employer after 180 days, what do we need to change the employer? do we have to file any thing with DOL or INS? do we need to be sponsered by the new company?
The second question is about the ability of the spouse to work, what is needed for her to work? just getting EAD and he/she can work for any employer?
Thanks.
It will help. I will give you an practical example.
I filed my GC two months later than my colleagues. Fortunately they filed 485 and hit the retrogression. I did not get to that step. Now it is almost two years after they have filed their 485. Just because they have crossed that stage, they are considered for promtion and I am not though I have better experience and certifications. They bought houses and their spouses work.
My company is ready to promote me to higher position if I can cross that 180days mark after 485 filing. If I had promoted to leadership / managerial position, it would weigh more when I apply for MBA. I will have lesser headache at home if my spouse can work and lot more.
The best part of filing is, you could get EAD even if the 485 is pending and backlogged. You have to do nothing other than filing to get all the above perks. No need to get it approved. Let it get stuck anywhere, none can predict that. You have to cross this stage no matter what and why not at the earliest. No one can assure you even after the SKIL/CIR passage that you will not get stuck with name check / RFE /USCIS backlog etc. Why to wait then?
The second question is about the ability of the spouse to work, what is needed for her to work? just getting EAD and he/she can work for any employer?
Thanks.
It will help. I will give you an practical example.
I filed my GC two months later than my colleagues. Fortunately they filed 485 and hit the retrogression. I did not get to that step. Now it is almost two years after they have filed their 485. Just because they have crossed that stage, they are considered for promtion and I am not though I have better experience and certifications. They bought houses and their spouses work.
My company is ready to promote me to higher position if I can cross that 180days mark after 485 filing. If I had promoted to leadership / managerial position, it would weigh more when I apply for MBA. I will have lesser headache at home if my spouse can work and lot more.
The best part of filing is, you could get EAD even if the 485 is pending and backlogged. You have to do nothing other than filing to get all the above perks. No need to get it approved. Let it get stuck anywhere, none can predict that. You have to cross this stage no matter what and why not at the earliest. No one can assure you even after the SKIL/CIR passage that you will not get stuck with name check / RFE /USCIS backlog etc. Why to wait then?
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jungalee43
02-26 08:32 PM
I think if Indian external affairs ministry understands that highly skilled Indian born citizens have to wait for 16 to 50 years where as even less skilled candidate gets away with green card in 6 months just because he was NOT born in India; they would at least protest in soft words.
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kufloyd
06-13 07:58 PM
I think it's fairly common. So don't worry about it too much.
"fairly common"? But what does it indicate? And where has the case moved to?
"fairly common"? But what does it indicate? And where has the case moved to?
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thepaew
02-19 06:11 PM
The Swiss do not break down the source of the Indian money and it could all be EU accounts of Indian companies that have operations in Europe. We just do not know. As Switzerland has the lowest tax in Europe, a lot of companies with operations in Europe have accounts there.
If India had sensible policies it could generate Trillions of $s and this 1.4T would not matter.
I am trying to start a Pvt Ltd in India and it takes about 40 days and $3000 to get started. In MA, it takes a few hours and less money despite the much higher lawyer fees here. No wonder the country is poor. It is not the corrupt people but the honest (but incompetent) people who do more damage by slowing the pace of business.
The path to hell is paved with good intentions.
In case you are interested to see how difficult it just to start a company there, here is a link
http://hkhurana.wordpress.com/2008/11/09/incorporating-a-private-limited-company-in-india/
Dude this huge money can change India's future .Consider that National River linking project, all high-way and Railway projects
http://nrlp.iwmi.org/main/maps.asp
Imagine if this happens in real time we won’t be fighting for GC here these westerns at our door step.
If India had sensible policies it could generate Trillions of $s and this 1.4T would not matter.
I am trying to start a Pvt Ltd in India and it takes about 40 days and $3000 to get started. In MA, it takes a few hours and less money despite the much higher lawyer fees here. No wonder the country is poor. It is not the corrupt people but the honest (but incompetent) people who do more damage by slowing the pace of business.
The path to hell is paved with good intentions.
In case you are interested to see how difficult it just to start a company there, here is a link
http://hkhurana.wordpress.com/2008/11/09/incorporating-a-private-limited-company-in-india/
Dude this huge money can change India's future .Consider that National River linking project, all high-way and Railway projects
http://nrlp.iwmi.org/main/maps.asp
Imagine if this happens in real time we won’t be fighting for GC here these westerns at our door step.
more...
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WAIT_FOR_EVER_GC
07-13 08:21 AM
Carl Shusterman says that State Department's Charles Oppenheimer indicating that there will big advances for EB2 China & India. Hopefully it is true
Immigration Attorneys, Schedule a Legal Consultation with Former INS Trial Attorney Carl Shusterman (http://www.shusterman.com/)
What happened to the big advances?
Immigration Attorneys, Schedule a Legal Consultation with Former INS Trial Attorney Carl Shusterman (http://www.shusterman.com/)
What happened to the big advances?
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gc_chahiye
12-18 04:28 PM
With so many people changing jobs using AC21, not only IO, everyone in USCIS will be aware of it. Let's discuss something other interesting topic rather when 180days start/end.
IOs will see your I-485, use some calculator/software to find out of 180days and then say pass/fail. End of the game.
:) true, a LOT of people are going to be getting very familiar with AC-21/AP/EAD.
Back when the July VB was first published, even the birth registrar in my hometown knew about the dates becoming current (when tons of parents all landed up in his office within a day or two, trying to get certificates for their children here :)
Airline folks who used to see a few APs here and there, are now going to be seeing a lot more people APs.
HR folks are going to be more familar with AC-21 and EAD...
IOs will see your I-485, use some calculator/software to find out of 180days and then say pass/fail. End of the game.
:) true, a LOT of people are going to be getting very familiar with AC-21/AP/EAD.
Back when the July VB was first published, even the birth registrar in my hometown knew about the dates becoming current (when tons of parents all landed up in his office within a day or two, trying to get certificates for their children here :)
Airline folks who used to see a few APs here and there, are now going to be seeing a lot more people APs.
HR folks are going to be more familar with AC-21 and EAD...
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Biking
06-04 12:03 PM
Narrow-minded, selfish people like yourself took advantage of July 07 disaster and got your EAD when your PD viz EB3 Dec 2005 was NOWHERE CLOSE TO BEING CURRENT!
And now you think people who ported their dates are abusing the system! Yeah right...
Why don't you surrender your EAD first before shooting off your mouth?:mad: If you have so much sense of what's fair and what's not, don't just talk about it. Prove it.
Well said.
And now you think people who ported their dates are abusing the system! Yeah right...
Why don't you surrender your EAD first before shooting off your mouth?:mad: If you have so much sense of what's fair and what's not, don't just talk about it. Prove it.
Well said.
bsbawa10
09-11 01:35 PM
My file is also sent to des moines IA. been there since june 08.
PD is current for a while. no updates yet.
On July 21st, 2008 my case was transferred to CSC where they are not even processing any 485s. I waited to several years for PD to become current and no sooner did it became current, it was transferred to a black hole. I got different versions from customer service/Io and info pass persons as to where the case is. The reality is that I do not know where my case is right now. The website still shows that it was transferred to CSC.
PD is current for a while. no updates yet.
On July 21st, 2008 my case was transferred to CSC where they are not even processing any 485s. I waited to several years for PD to become current and no sooner did it became current, it was transferred to a black hole. I got different versions from customer service/Io and info pass persons as to where the case is. The reality is that I do not know where my case is right now. The website still shows that it was transferred to CSC.
TO BE OR NO TO BE
05-24 12:27 PM
I just did webfax, all #15, 12 and 14.
Lets hope for the best.
Lets hope for the best.
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