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Written By muthmmuuuaaanniish on Friday, June 10, 2011 | 12:21 AM

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  • lskreddy
    12-11 02:24 PM
    Not that this should trump any of the above answers coz there could be context behind these that I don't understand. I had asked these same questions to Prashanthi Reddy, the lawyer who volunteers here at IV.

    Can one apply for an EAD while they are out of the country?-NO

    Can one travel when AP is pending?-YES AS LONG AS THIS IS AN EMPLOYMENT BASED CASE AND YOU CAN COME BACK TO DO BIOMETRICS WHEN NECESSARY

    Can one travel when EAD is pending?-YES





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  • nish
    10-07 11:41 AM
    Troll Alert.

    This is a Fake post. read word by word you will understand.

    Read all the posts by user nish. he/she is an anti immigrant.



    In one of the previous posts the same user tries to taint l1b visa holders.

    How could you say that I am anti immigrant? Here I have post this query to get suggestion from people and am not doing any anti immigrant things over here.

    I did post one of the query for L1 few month back..it does not mean i am anti immigrant

    how did you say about this?





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  • dwhuser
    06-15 08:40 PM
    This is my openion.

    POE IO might ask for the EVL letter from the sponsoring employer to check the integrity of the case, though not very common.

    What is a EVL letter ?





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  • Aah_GC
    07-11 07:07 PM
    His PD is July 2006. He would have gotten the 2 year EAD either way. EB2 India is June 01 2006.


    Isn't there a rule that talks about folks getting their 2 year EAD only if they are two years (or some timeframe) away from their PD?



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  • angelfire76
    06-04 02:53 PM
    A friend of mine who's an account manager with Wipro said that all their H1 extensions have received multiple RFEs, with the standard wording on each RFE (client contract details, no. of people working at that location, immigration status of the people working at that location, demonstrate that the job is a specialty occupation (H1Bs for janitors anybody? ) ), client letter (even if the H1B is for a project starting 2 months down the line with a valid SOW)
    Looks like the adjudicating officers have a standard template which they issue to all non-product companies as RFE. It's plain harassment that's all foolishly thinking that if we drive the H1Bs out then automatically the companies will be forced to hire locally. What they don't understand is that the companies will offshore even more work, as already being done by hiring one GC guy to co-ordinate the rest of the team in India. :rolleyes:





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  • PDOCT05
    10-30 04:52 PM
    I wasn't able to create a new thread so would like to post.

    I have future GC filed from Company X, the priority date is February 2006.

    I am currently working for Company Y on H1B. This H1B will expire in April 2009. Company Y is also ready to file my GC and I would like to work with Company Y till by future GC is approved, my question is

    If I have already filed for 485, EAD and AP through Company X, scenario will it be advisable to file another labour and I-140 through Company Y now?

    What could be the implications?

    You have posted this in the wrong place..to open a new thread it's easy..just go to any forum home page and on the top see new thread button in purple color.



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  • bekugc
    03-17 09:29 PM
    regarding the below question while using AC21

    2. first join the new company using EAD, then ask the new company to apply for H1 transfer. will this work?

    can somebody tell if there is any issue with this? as i mentioned, i havent used AP and existing i-94 still indicates H1b status (not AOS


    thanks





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  • krish_krish
    01-05 12:27 PM
    Folks
    Is anyone has done adjustment of status from B2 to H1.

    My friend is in US with 10 yrs multiple entry visa, and he likes to do adjustment of status. Any advice.

    Thanks



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  • immm
    07-07 01:45 PM
    (Admins, please delete this thread if already covered)

    http://www.mercedsunstar.com/opinion/story/13765761p-14347307c.html

    Our View: Feds play games with immigrants
    They said they had an abundance of green cards and then rescinded the offer in a matter of weeks.
    Last Updated: July 7, 2007, 03:16:02 AM PDT

    If you want to know what's really wrong with our immigration system, consider the July debacle at the Citizen and Immigration Service.
    Individuals and businesses typically have to wait years to apply for "green cards" for permanent residency based on job skills. The backlogs have been so severe that an engineer from India or China has had to wait six years to apply for a green card. In other employment categories, the wait can be nine to 11 years. For people from the Philippines, the wait in some work categories is 22 years.

    But then in the monthly Visa Bulletin issued June 13, the State Department said that employment-based visas would be available.

    This set off a rush among sponsoring businesses and individuals who have waited in line for years to apply for green cards. Thousands prepared applications and mailed them in time for the immigration service to receive them by July 2, the first day of the application window.

    Then on that very day, the State Department issued a "never mind" update, announcing that the 60,000 green cards it had expected to offer would no longer be available. The thousands who submitted applications will have their applications sent back to them. As Los Angeles immigration attorney Carl Shusterman said Tuesday, "We're right back to square one, with scientists, engineers, teachers and health care workers having to wait in endless lines for employment-based visas." Rep. Zoe Lofgren, D-San Jose, chairwoman of the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law sent irate letters to the Secretary of State and Secretary of Homeland Security. She said that changing course midmonth is contrary to years of practice, would result in the loss of thousands of dollars already expended by sponsoring businesses and individuals to prepare applications and, more important, would "threaten the integrity and predictability of our immigration system." This is no way to treat people who try to play by the rules.

    The Citizenship and Immigration Services Ombudsman notes in his 2007 annual report to Congress that the nation has a "perpetual backlog" of employment-based green card applications. This backlog means that even green cards that should be available aren't used. This contributes to the backlog; if green cards are not issued in the year they are authorized, they are lost. In 2006, more than 10,000 employment-based green cards were lost, even though the immigration service had 100,000 to 150,000 applications waiting to be processed. Since 1994, nearly 219,000 employment-based green cards have been lost because the immigration service isn't processing enough applications in a timely manner.

    It gets worse. The funds appropriated by Congress to jumpstart a backlog elimination project expired Sept. 30. The backlog will continue.

    In the long term, this country needs to increase the number of employment-based green cards to meet demand. But if the immigration service cannot even process applications in a timely fashion for the current numbers of employment-based green cards that are supposed to be available, what's the point? In the short term, if Congress and the president do nothing else regarding immigration reform, they should at least make sure that the immigration service processes green card applications in timely fashion. The backlog is inexcusable and contributes to the nation's illegal immigration problem. If we want people to play by the rules, we have to make it possible for them to do so.





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  • raysaikat
    07-17 02:17 PM
    A federal judge has ordered USCIS to pay attorney Kip Evan Steinberg $25,000 in legal fees after the lawyer's client sued the agency to force it to complete processing in an adjustment of status green card case. USCIS tried to point the finger at the FBI for delays in the name check process, but the judge wasn't buying. The judge found the 151 hours the lawyer put in to the case to be reasonable. So 151 attorney hours were wasted, an individual waited years unnecessarily and America's taxpayers are out $25,000.

    - From Greg Siskind blog

    Isn't $165/hour a steep rate?



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  • maine_gc
    09-14 03:50 PM
    LUD on my I-140 is 8/5/2007.

    Notice date is April 26





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  • karanp25
    07-11 03:08 PM
    Dude, in a bunch of applications - some are approvable while others require more information. Do you want them to keep waiting on unapprovable applications, with old PDs, while the clock is ticking and the unused visas go waste before Oct 2008? Guess not?

    That's why they advanced the PDs to give some room to approve later PD applications that are otherwise approvable. They do not have any math involved. They were playing "inky-pinky-ponky" to pick a month & yr to set EB-2 cutoff dates for Aug VB - the only logic was to advance it to a comfortable point--nothing beyond tht. They don't care about few months here and there, and don't care if they raise hopes of some immigrations or shatter hopes of others.

    Is it just me missing something? Does it make sense?


    Yes. Its simple math. But if it was 10K visas a year, then why did they have to jump forward by more than 2 yrs? Nobody knows how USCIS works internally. The math that v have and the one that they have differ a lot and unexpected things (for good or bad) happen all the time.



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  • mmanurker
    05-22 03:00 PM
    Thanks for your Reply.
    My Employer is also threatning me that if I ask him for salary then he will lay me off and immediately send me back to India.
    can he do like this ?

    pls keep all your timesheets signed by your client manager in safe place...just in case if he lays you off, then he needs to give you either notice and pay for that period or severence package if he terminates your employement immediately and also all the back wages for the period he did not pay you till today.
    Even though if you do not have timesheets from your client manager, he is still required to pay you but to be on safer side I'd recommend you to keep timesheets signed by the client manager and if required notify the Client and the Vendor(if there is one) about your employer, this way he will loose the business of the client/vendor plus if required you can always fax your timesheets to DOL as well to prove that you have been working at the client side and your employer is getting paid by the client for your services.

    can you pls reveal the name of your employer?





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  • apnair2002
    12-23 04:15 PM
    Hi All,

    Could any please provide some insight about the companies "Unemployment Wage report" for the state of California?

    This is the only query as stated in the 221(g) form got from Chennai embassy for your reference.
    "State Unemployment Wage Reports, showing all wages paid to each employee in the state, for the past two quarters as filed to State of California (This should not be payroll reports, but the actual forms filed to the State authorities listing each employee and wages paid during the quarter.)"

    Could you please provide me the exact form name and number to submit through the dropbox. Also some explanation if possible on how the form will look like in order to track it down?

    Any help in this regard is greatly appreciated.

    Happy Holidays!
    All the very best to all of you.

    Thanks & Regards,
    Chak

    Chak ,Are you a returing US resdients?



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  • GCmuddu_H1BVaddu
    05-01 09:05 PM
    (removed.... post reached the people who are supposed to see).

    Don't tell the world that you r a linebreaker





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  • pappu
    07-22 10:50 AM
    It is a bit early. No checks will be cleared except the legal fee checks. :)



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  • willwin
    07-03 11:23 AM
    EB-3-I is stuck in 01...not likely to move till Oct and then in OCT08..it will move by couple three months for the next 12 months till OCT 09..What are the option for EB-3 stuck here..from 01, 02, 03 ....

    1) Convert to EB-2 ?.

    2) wait for legislation from Logfren to pass

    3) wait another 3 years...already in the Queue from 01..


    If I choose to convert to EB-2..I have to put in a PERM and then I-140..what is the time line for getting my LC thro PERM and then my I-140 in EB2 cleared?? based on the current processing times..

    Do I wait to see if Logfren's legislation goes thro ..if doesnt go with the conversion to EB-2...???

    Please help me decide...
    thanks


    What you could possibly see at end-of-tunnel are:

    Lofgren bill passing before election and recaptured numbers becoming available from 10/2008. All categories may become current and remain current for 6 months to a year.

    OR

    EB3 ROW becoming current atleast by end of next fiscal year (by 09/2009, so that EB3 I would start progressing at a faster rate.

    OR

    you (and everyone in EB3 I) would be asking the same question even after 3-4 years.

    Oh well, Happy July 4th!!





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  • EADchallenged
    08-21 11:03 AM
    The schedule / calendar only shows the immigration hearings.





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  • thomachan72
    09-07 11:30 AM
    Do you have a valid AP?
    If not, how is it possible to enter the country?

    It seems to be a complicated situation. What status are you in now? Dont you have an AP/EAD? Is it expired? Please provide more details here and also if you obtain any legal advice post that here also so that others know.





    desi3933
    03-24 08:50 AM
    I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.

    am I missing something here.

    If one has I-797 notice without new I-94, he/she should get new H1 visa stamp.


    ___________________
    Not a legal advice.





    indyanguy
    06-29 03:08 PM
    I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.

    My case details:

    Visa on the passport up until Feb 2009
    6 year term ending on Feb 2010
    Date on I94 in passport is Feb 2010

    I140/I485 concurrently applied on July 07

    Currently have EB3 I-140 filed based on Substitute Labor at NSC.

    Questions -
    1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
    2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
    3. Can I file for a new PERM at that time and get an extension based on that?
    4. Do I need to refile I-485?

    Please help!



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