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ajju

09-07 12:07 PM

Doesn't matter. MS+0 works just fine. (My EB-2 was MS+0).

If you've been working for this company for past 2 years and now they are going to file your GC... and you've no prior experience.. you can mention in your employment letter that you've been working since 2 years and could attach an experience letter from them to highlight the fact.. This is definitely doable and lawyer should have correct format to do this...

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LostInGCProcess

08-25 12:33 PM

>> even if she gets a 221(g) at the consulate can she return to US with the AP she has?

Yes. But she may need to use EAD in that case. Please check with your lawyer.

_________________
Not a legal advise.

Okay!! I'll have to ask a lawyer then...But most often I get good answers here in the IV forum, then asking the attorney...sometimes, i personally feel, they are not all that good with answers.

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chanduv23

02-25 10:56 PM

Do not move to IT!
Are you crazy?? IT is indentured servitude for some desi consultant!
stay away.. there are already plenty of slaves..

It all depends on how you look at it. Under the h1b program anyone is a indentured slave, just not indian software engineers. There are good consulting companies and do pay well.

There seems to be a misconception about software and consulting companies. This seems to be perception based on what people hear or see, but in reality, if the person is capable and good, he/she does not have issues with employer/ nor does employer has issues with the person. While Desi consulting companies seem to stretch rules and have their own ways of handling business, they are also a part of the system. They act like a feeder to system, acting as buffer between layoffs and also specialize in immigration and can be really flexible at times and also give you a share of the billing rates which is not possible in a permanant job where there is career stagnation and lack of mobility.

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ss1026

08-06 08:58 AM

According to USCIS Ombudsman 1/3rd of cases are pending more than 1 year due to namecheck. Also there are many cases stuck for more than 3 years. E

I think that 1/3 of PENDING cases have been stuck for more than one year, not 1/3 of all cases. Trust me if 1/3 of all cases were stuck for more than one year, there would be a huge outcry

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Lasantha

01-15 07:57 PM

I think its the latter....but what if ELS test center delays results...?

Well, then you better take the test without waiting till the last moment. 120 days is 4 months.

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Without a doubt, the est

gapala

07-09 12:33 PM

is'nt an Advanced parol document a re-entry permit ???

USCIS has different meening for Re-entry permit and Advance parole. Infact the eligibility criteria is different for both. Look at I-131 Instructions. Its very clearly specified there.

Hope this helps.


1. Re-entry Permit - A reentry permit allows a permanent resident or conditional resident to apply for admission to the United States upon returning from abroad during the permit's validity, without having to obtain a returning resident visa from a U.S. Embassy or consulate

2. Refugee Travel Document - A refugee travel document is issued to a person classified as a refugee or asylee, or to a permanent resident who obtained such status as a result of being a refugee or asylee in the United States. Persons who hold aslyee or refugee status, and are not permanent residents, must have a refugee travel document to return to the United States after temporary travel abroad.


3. Advance Parole Document - An advance parole document is issued solely to authorize the temporary parole of a person into the United States.

The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States. An advance parole document is not issued to serve in place of any required passport.
Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.
NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:

B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.
However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.

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vbkris77

06-18 03:46 PM

Does anyone has any update on these?? I thought the hearing was just positive and great. Is this markup done already??

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mmanurker

04-13 11:48 AM

I am not 100% sure but when you are on H1B should'nt you be working from where your LCA was approved for? In OP's case, its remote work but outside USA, in that case I am not sure
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.

when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.


You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.

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kevinkris

11-21 03:37 PM

My friend did the same thing. Not h1 extention but re-instatement of AP to H1.

It's same as applying for H1 (form 129 etc) but the option you select
is different.

Part 2. Information about this petition. * (See instructions for fee information.)

Basis for Classification (Check one):
Check 2nd option:

Continuation of previously approved employment without change with the same employer.




I do not think this statement is correct "Since you applied for H1 extension it means that you are out of parolee status and on H1 again."

As long as H1B is the underlying petition for your GC application H1 extension does not negate your AP status. You have dual travel papers.

Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval...

I have had a valid H1 and AP for a while now and travelled on AP without issues.

Hope it helped.

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Jerrome

02-20 05:47 PM

This will definitly help guys if they see some number crunching like the one i see below.

Category Per Year Quota Per Country Quota Actual Primary Applicant Number of Estimated applicants Number anticipated Years
Percentage Values 7% 48% 2001 2002 2003 2004 2005 2006 Total
EB2 40000 2800 1344 1000 1000 5000 10000 10000 16000 43000 31.99404762
EB3 40000 2800 1344 10000 16000 16000 16000 16000 16000 90000 66.96428571

You can also Quote this in the home page of IV for people to see.

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Sri_

02-27 02:31 PM

Hello,
I have not seen the 485 receipt notice come through and its been over 6 months since I applied. Down the line after a few months we will have to start preparing for EAD and AP renewal and I take it we will need a copy of the 485 receipt notice to file? Any thoughts.

FYI. I am also in similar situation. Applied on 07/02. I haven't received 485, EAD & AP receipts until now, though I have received FP Notice, EAD & AP Approval. I have called USCIS and made them create Service Request for which I didnot receive response even after 120 days. I took infopass appointment and the officer said that they have sent the receipt notice's in Sep' 07 and were not delivered back. But, me or my attorney haven't received receipts until now.

Sri_

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amdee

12-23 04:31 PM

Hi,

If someone has I485 applied for 6 months for mare than 6 months, can he/she leave the job and join a US school for further studies. Do he/she still need to get F1 visa. Will this have impact on his I485 application.

thx

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seahawks

11-04 01:26 AM

non compete will not allow to work with the same client through a different consulting company.

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sheela

09-23 09:39 AM

Gurus,

Yesterday my lawyer received receipts for my spouse and kids (485/EAD/AP) but not for myself. Now my lawyer is insisting upon sending me the copies of the receipts and do not want to send me the originals. With respect to that I have following questions:

1) Is that o.k having copies only or we should have originals? If we do not
have originals what bad may happen?

2) Either my lawyer or I have not received any of my receipts but we
received all receipts of my family. Is this normal? How long should we wait
for my receipts before contacting USCIS? By the way USCIS already gave
me my all numbers for teh receipts and according to USCIS my receipts
already mailed on Sept 14th. What would be advisable action for me in
this case?

3) None of the receipts of my family contain Priority Date. PD field is blank on all receipts. Is this O.K.?

Thanks.

- BharatPremi
1) For our point of view, only RN number should be okay-this gives us liverage to track and see updates on your filings. Frankly, I never bothered even that as I received FP notices before RN from attorney and FP notices carry RN numbers.

2) Question is should we send the 'Stamped Original FP notice' after finger printing to attorney instead of copies? (As this is a kind of document with proof of FP having done and this is our copy). My attorney asked me for original FP notices -stamped by FBI after FP-I would rather send copies and keep original with me.
Please, let me your thoughts on this
thanks

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pou-pou

06-11 08:44 PM

wow :D I have done good here :D :lol:

well, the guy with the green swan stamp should win though :love:

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jonty_11

05-15 10:27 AM

Good going IV..
Yes I agree being current means NOTHING...if it retrogresses again befor eyo uhave your GC in hand...u will be in a waiting game again like always...so reform is the only solution.

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Gray_xx

05-28 10:33 AM

i vote for soul he is the best ugly site maker i ever saw !~!!:)

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DDash

09-22 11:46 AM

....
Thats what GC means to me.
....
On the other hand...Its just the current state of mind...


Very well said....Great post. Often times, we get into a "rat" race and get desperate at times. Do the best that you can with what you have. Dont let the lack of GC limit you from achieving your goals. Dont get me wrong, we should fight for our GCs, but at the same time, dont let the desire to get GC stop you from achieving your goals.

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WeShallOvercome

11-07 12:10 PM

If EB2 PD is 1 APR 2004 then what does the ProcessingTimeFrame Date(August 25, 2006) mean for I-485 in Texas Service Center.

Can anyone clarify. Guys exuse my Ignorance...I just want to know the rule


sury,

What that means is "All applications received before August 25, 2006 AND whose PD is current , are being processed"

If your PD is 2003 but you filed your I-485 after Aug'2006 your app will not be adjudicated.
If you filed before Aug'2006 but your PD is after Apr'2004, your app will not be adjudicated.

If your PD is before Apr'2004 and you filed your app before August 25, 2006, your app will be adjudicated..

This is to make sure people don't start expecting approvals and calling them left and right one day after filing if their PD is current. they need some time for every application, so they put in this 'processing date' which works in conjunction with 'priority date' to check if a case is approvable at any given time. They normally won't entertain calls enquiring about a case if the filing date does not fall within this processing date.

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perm2gc

12-22 06:08 PM

Efren Hernandez III, Director of the Business and Trade Services Branch at INS in Washington, D.C. announced in late December 2001 that the INS does not recognize or provide any "grace period" for maintaining status after employment termination. Mr. Hernandez explained this strict interpretation by reasoning that there is no difference between H1B holders and other non-immigrants, like students, to justify a stay in the U.S. beyond the explicit purpose of their admission. Mr. Hernandez admits that this may cause hardship to some terminated or laid off H1B workers, but believes that the INS position is legally justified.

Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.

H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.

Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.

Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.

Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.

Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off

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starscream

09-16 04:24 PM

There is a separate original thread for calls in support of HR5882

http://immigrationvoice.org/forum/showthread.php?t=21393

people who are calling please post replies on that thread....so that we can get a good count..instead of having 2 separate threads

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