GCBy3000
02-06 05:09 PM
I have seen lots of thread talking about filing 485 and getting EAD and having the opportunity to jump jobs. I faced a unique situation where I realized being on H1 is lot better than having EAD and invoking AC21. Correct me if I am wrong.
H1B:
1. Spouse cannot work.
2. Do not worry about 485 rejection.
3. Jump companies and go up the ladder as you are in H1 and not in EAD and still port the PD. THIS IS VERY USEFUL. CORRECT ME IF I AM WRONG.
4. No expenses for the employee for H1 related issues ( legally).
5. Stamping required. But only once in three years if you get 3 year extn after 140 approval.
EAD / AC21:
1. Spouse can work.
2. Invoke AC21, but you have to switch to similar job. This is very frustrating if you are looking to go up the ladder.
3. If you dont have any time left in your first 6 years of H1, you will be in big trouble if your 485 gets rejected for unknown reasons.
4. No stamping, but advance parole required.
5. Spend yearly on parole, EAD.
Anything else to be added to the above list?
H1B:
1. Spouse cannot work.
2. Do not worry about 485 rejection.
3. Jump companies and go up the ladder as you are in H1 and not in EAD and still port the PD. THIS IS VERY USEFUL. CORRECT ME IF I AM WRONG.
4. No expenses for the employee for H1 related issues ( legally).
5. Stamping required. But only once in three years if you get 3 year extn after 140 approval.
EAD / AC21:
1. Spouse can work.
2. Invoke AC21, but you have to switch to similar job. This is very frustrating if you are looking to go up the ladder.
3. If you dont have any time left in your first 6 years of H1, you will be in big trouble if your 485 gets rejected for unknown reasons.
4. No stamping, but advance parole required.
5. Spend yearly on parole, EAD.
Anything else to be added to the above list?
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eb3retro
04-16 12:33 PM
anyone from plano, texas here? pls PM me. Thanks.
yabadaba
06-18 12:29 PM
right.. thats what i thought.. thanks for your opinion.....at least that means i was thinking along the same lines. i ll doubl check with my attorney.
thx again
thx again
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ilikekilo
09-18 06:08 PM
green added for you thanks...
any one else got approvals for E file EAD at NSC
any recent EAD approvals? we applied on aug 11 and did FP's on sep 8th, i e filed...mine expires on oct 30th ..please advise..mine is at NSC
the processing dates show may1....and i am moving to a new emplyer on oct 13th and i dont want my new empllyer to get shocked saying my EAD expires on Oct 30th..any suggestions are apprecaited
any one else got approvals for E file EAD at NSC
any recent EAD approvals? we applied on aug 11 and did FP's on sep 8th, i e filed...mine expires on oct 30th ..please advise..mine is at NSC
the processing dates show may1....and i am moving to a new emplyer on oct 13th and i dont want my new empllyer to get shocked saying my EAD expires on Oct 30th..any suggestions are apprecaited
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lj_rr
07-31 04:15 PM
Any inputs?
abhishek101
05-21 12:42 AM
Can you please let me know which service center (Texas or Nebraska) processed yours and your wife's I485 application.
If you don't mind can you please let me know how long it took to receive I-485 receipt notice and Finger print notice (for your wife).
My situation is
Priority date is 08/01/06 (EB2). Becoming current on June 1st 2011. Need to add my wife as dependent to my green card process (she is in US in H4 status now). Texas Service Center is processing my I-485.
Filed at : Nebraska Service Center
For Wife
Filed 485 on March 10, Finger printing May 6th, GC Approved May 9th, GC received May 13th
My Wife was on EAD/OPT based on her student visa (and not on H4)
If you don't mind can you please let me know how long it took to receive I-485 receipt notice and Finger print notice (for your wife).
My situation is
Priority date is 08/01/06 (EB2). Becoming current on June 1st 2011. Need to add my wife as dependent to my green card process (she is in US in H4 status now). Texas Service Center is processing my I-485.
Filed at : Nebraska Service Center
For Wife
Filed 485 on March 10, Finger printing May 6th, GC Approved May 9th, GC received May 13th
My Wife was on EAD/OPT based on her student visa (and not on H4)
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smuggymba
09-24 12:15 PM
Hi guys,
My wife's F-1 stamping visa got rejected (IInd time)in India, though she had H-4 to F-1 approved here in US by USCIS.
We really want the OPT option that F-1 gives.
Once she is back to US on H-4, is there any way that we can get the OPT since she has been maintaining her full time intl. status?
Can we do a lawyer since the embassy is "wrong" in denying the visa since USCIS already approved it and she has only one sem. remaining.
We are very worried. Please help.
best regards,
Rajesh
For this exact reason my wife did not travel for stamping of F1 even though she had H4 to F1 COS. When you had approval notice, no need to travel unless it's an emergency or really required.
My wife's F-1 stamping visa got rejected (IInd time)in India, though she had H-4 to F-1 approved here in US by USCIS.
We really want the OPT option that F-1 gives.
Once she is back to US on H-4, is there any way that we can get the OPT since she has been maintaining her full time intl. status?
Can we do a lawyer since the embassy is "wrong" in denying the visa since USCIS already approved it and she has only one sem. remaining.
We are very worried. Please help.
best regards,
Rajesh
For this exact reason my wife did not travel for stamping of F1 even though she had H4 to F1 COS. When you had approval notice, no need to travel unless it's an emergency or really required.
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thomachan72
08-14 03:08 PM
I worked for my employer at this vendor. At the time, my employer agreed on paper to give me a specified amount but only after the vendor pays. Vendor has been giving him troubles as regards my pay, so my employer made me wait frustratingly for months to give me pay. Just recently only after much trouble he released part of the amount. But now he learnt that he might have to go to court about the vendor. As a result, now he is denying me MY remaining pay!! I already waited for 4 months now, and can NOT take this strain anymore. My friends advised me to take this issue to Court or DOL. But my employer threatens that I will have no case.
Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
Also kindly let me know how can I proceed if I want to file a DOL complaint? cant you find a new employer? once you do that, immediately transfer your H1 and also meanwhile file a case against this current employer.
Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
Also kindly let me know how can I proceed if I want to file a DOL complaint? cant you find a new employer? once you do that, immediately transfer your H1 and also meanwhile file a case against this current employer.
more...
suman
12-17 06:20 PM
Thank You all I appreciate.
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ggc
10-16 04:41 PM
No, I received interview cancellation letter for the interview that scheduled in 2009. Reason not mentioned in that letter. We moved to CA, this year and San Jose field office scheduled interview
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dontcareanymore
08-24 11:50 AM
I lost the hope of GC after working 10 years in US because my GC is not approving.
Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.
Settle down. You seem frustrated and perhaps justifiably so. But you are trying to blame every thing on the employer ( I am in no way trying to support fraudulent employers as much as I don't support fraudulent employees).
I did not check your PD. You will get your day....stay calm.
At least based on your post you agreed to get a percentage of your billing rate and agreed to pay for the GC expenses. [I don't think it is illegal (now) for employees to pay for GC expenses]. Your employer does not have control on how long the process would take and apparently they had spent money processing your GC.
Based on the facts you gave :
1) Your employer has been paying more than the salary mentioned in your contract.
2) You don't have any proof that you paid them for GC process.
3) You did not provide any information that suggests they are willfully delaying your case.
What do you think are the grounds on which you can go against them ? I guess you are free to leave the company any time if you think you are making too much money for them, and you want to take full advantage of your skills by going elsewhere....
Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.
Settle down. You seem frustrated and perhaps justifiably so. But you are trying to blame every thing on the employer ( I am in no way trying to support fraudulent employers as much as I don't support fraudulent employees).
I did not check your PD. You will get your day....stay calm.
At least based on your post you agreed to get a percentage of your billing rate and agreed to pay for the GC expenses. [I don't think it is illegal (now) for employees to pay for GC expenses]. Your employer does not have control on how long the process would take and apparently they had spent money processing your GC.
Based on the facts you gave :
1) Your employer has been paying more than the salary mentioned in your contract.
2) You don't have any proof that you paid them for GC process.
3) You did not provide any information that suggests they are willfully delaying your case.
What do you think are the grounds on which you can go against them ? I guess you are free to leave the company any time if you think you are making too much money for them, and you want to take full advantage of your skills by going elsewhere....
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abhijitp
02-18 01:05 PM
I didn't receive any confirmation from USCIS regarding interfiling.
I have been trying to know this too... is interfiling guaranteed to work?? Or have there been examples it just got lost in the pile of applications at USCIS?
Sorry to hear about your situation. Experts, please try to help bmeduru11!
I have been trying to know this too... is interfiling guaranteed to work?? Or have there been examples it just got lost in the pile of applications at USCIS?
Sorry to hear about your situation. Experts, please try to help bmeduru11!
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pwilliams960
02-07 12:02 AM
The foreign-born spouse should submit an application for adjustment of status which is an application for a green card. Items which may accompany the green card application include green card photographs, an application for employment authorization, an application for a travel permit and numerous other INS forms.
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macml
01-13 02:05 AM
Hi,
My wife's I-485 is currently pending. Along with the I-485, an I-131, and I-765application was filed on July 31, 2007. As you know, the process time frame for the I-131 is 90 days. The I-131 was being a bit delayed due to the amount of fillings from the new fee increases. Over 120 days later in mid Dec. I still had not received confirmation.
Unfortunately, I just purchased tickets to travel overseas to visit family and friends for after Christmas. I emailed my immigration lawyer about the status and they only said that it's still pending.
Over a period of a few days my wife and I contacted USCIS to check on the status, and we found out that there was an error on her date of birth. That very day the date of birth was corrected and the I-131 was expedited and we received the documents in time to travel a few days later.
The immigration lawyer says that the error in the date of birth had little to none effect on why the I-131 was delayed. Instead he believes the delay was because he didn't receive tax documents from me till Dec. 4., which he believes is why the I-131 and I-765 was approved on the same day.
However, I asked for a fee reduction due to his lack of service. Due I have a valid argument? Any thoughts welcomed!
My wife's I-485 is currently pending. Along with the I-485, an I-131, and I-765application was filed on July 31, 2007. As you know, the process time frame for the I-131 is 90 days. The I-131 was being a bit delayed due to the amount of fillings from the new fee increases. Over 120 days later in mid Dec. I still had not received confirmation.
Unfortunately, I just purchased tickets to travel overseas to visit family and friends for after Christmas. I emailed my immigration lawyer about the status and they only said that it's still pending.
Over a period of a few days my wife and I contacted USCIS to check on the status, and we found out that there was an error on her date of birth. That very day the date of birth was corrected and the I-131 was expedited and we received the documents in time to travel a few days later.
The immigration lawyer says that the error in the date of birth had little to none effect on why the I-131 was delayed. Instead he believes the delay was because he didn't receive tax documents from me till Dec. 4., which he believes is why the I-131 and I-765 was approved on the same day.
However, I asked for a fee reduction due to his lack of service. Due I have a valid argument? Any thoughts welcomed!
more...
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gbof
08-01 08:31 PM
Thank you for your valuable input.
So in other words, visa numbers for the entire family are NOT assigned right away with the family if one has to go for an interview. The worst part was that the interview was due to a missing medical which was filed by us but misplaced by USCIS.
Re. 8 C.RR. Sec. 205.1(a)(3)(i)(C) is for Family based visa, hers is EB based (piggy backing on mine) Does this mean I should really consider filing a 130 to convert to family based?
Congressman can't help in ending this "humanitarian" trauma while I am still alive?
You seem o be enormously worried. Everyone knows dealing with uscis is a torture of a different kind. I will say Just relax and have good faith.
God Bless Our Family
So in other words, visa numbers for the entire family are NOT assigned right away with the family if one has to go for an interview. The worst part was that the interview was due to a missing medical which was filed by us but misplaced by USCIS.
Re. 8 C.RR. Sec. 205.1(a)(3)(i)(C) is for Family based visa, hers is EB based (piggy backing on mine) Does this mean I should really consider filing a 130 to convert to family based?
Congressman can't help in ending this "humanitarian" trauma while I am still alive?
You seem o be enormously worried. Everyone knows dealing with uscis is a torture of a different kind. I will say Just relax and have good faith.
God Bless Our Family
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eb3_nepa
03-24 03:20 PM
I had called NumbersUSA once. They will take the Absolute worst case scenario and project it as an everyday happening. The guy had mentioned to me that EB3 ppl promote chain migration and some get upto 80 (Yes 80) family members here. I tried arguing that it is TOTALLY impossible to bring more than five (i mean common u, ur wife and 3 kids = 5). You cant get ur parents etc., until you are a Citizen, but he wud not listen.
These guys are out to prove that immigration is a bad thing, and they will do their damndest to prove that point. They will not skew the facts, but they will present it in such a way that it looks a LOT worse than it actually is.
These guys are out to prove that immigration is a bad thing, and they will do their damndest to prove that point. They will not skew the facts, but they will present it in such a way that it looks a LOT worse than it actually is.
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buvane
09-10 03:04 PM
I also got the same answer saying my case is under Extended Review. I'm confused what do they review for 2 years? Any Clue??
What should I do now??
PD -May 7,2004
RD-July 2,2004
ND- Aug 28,2007
What should I do now??
PD -May 7,2004
RD-July 2,2004
ND- Aug 28,2007
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little_willy
07-29 11:23 PM
I think they should change the title on their page to How may I harass you? :)
LOL ;-) Had a chuckle after a frustrating day. Thanks.
LOL ;-) Had a chuckle after a frustrating day. Thanks.
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desi3933
06-30 01:56 PM
....
I can work in the Software company fulltime but at the same time can work in a motel part time, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.
Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.
Mr./Ms. P. Saxena -
Each H-1B must be for specialty occupation, whether job is full time or part time. Beyond that, it does not matter whether job is classified as "Highly Skilled Labor" or not.
USCIS - What is a specialty occupation? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6408ec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=4b18dc4d88889010VgnVCM10000045f3d6a1 RCRD)
Hopefully this clears your confusion,
Have a good day!
desi3933
I can work in the Software company fulltime but at the same time can work in a motel part time, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.
Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.
Mr./Ms. P. Saxena -
Each H-1B must be for specialty occupation, whether job is full time or part time. Beyond that, it does not matter whether job is classified as "Highly Skilled Labor" or not.
USCIS - What is a specialty occupation? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6408ec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=4b18dc4d88889010VgnVCM10000045f3d6a1 RCRD)
Hopefully this clears your confusion,
Have a good day!
desi3933
Madhuri
06-05 11:02 AM
My I-140 case status (NSE) used to say 150-180 days, now no more time line words in the status. Just they say they will notify you when decision is made, I thought that was because I 140 premium is coming soon, they changed the wording.
Did anyone notice the change in the wording on I-485 adjustment of status? It used to say that it takes between 850 and 900 days to process this type of request. Now it just says that the will notify you when a decision has been made. This change was just made in the last week or two. Curious.
Did anyone notice the change in the wording on I-485 adjustment of status? It used to say that it takes between 850 and 900 days to process this type of request. Now it just says that the will notify you when a decision has been made. This change was just made in the last week or two. Curious.
bobby
04-03 02:18 PM
see answers in CAPS:
Couple of questions, if you don't mind.
1. Did you go on your vaction after getting your 3 year extension based on your approved I-140? NO MY H1B HAD BEEN EXTENDED FOR 1 YEAR AS I HAD ALREADY COMPLETED SIX YEARS BUT DID NOT HAVE AN APPROVED LABOR CERTIFICATION OR I-140 YET
2. Did you apply for 3 year H1-b extension even though your passport was not renewed? YES IN EARLY JAN 07
3. Did you renew your passport before you travelled on your vacation? I am asking this just to know which passport had your visa stamp? NO, "OLD" PASSPORT HAS VISA STAMPS FROM FIRST SIX YEARS ON H1B
4. Did UCSIS approve your H!-b extension for 3 years and does the I-94 on your I-797 indicate that the new H1-b is valid for 3 years? PENDING CASE NOT APPROVED YET. USCIS WORKING ON RECEIPT DATES OF 1/13 AND MY RECEIPT DATE IS 1/26
WHEN YOU RECEIVE YOUR EXTENSION APPROVAL A NEW I-94 IS ATTACHED TO THE EXTENSION NOTICE AS IN THE CASE WITH PREVIOUS RENEWALS/EXTENSIONS
Couple of questions, if you don't mind.
1. Did you go on your vaction after getting your 3 year extension based on your approved I-140? NO MY H1B HAD BEEN EXTENDED FOR 1 YEAR AS I HAD ALREADY COMPLETED SIX YEARS BUT DID NOT HAVE AN APPROVED LABOR CERTIFICATION OR I-140 YET
2. Did you apply for 3 year H1-b extension even though your passport was not renewed? YES IN EARLY JAN 07
3. Did you renew your passport before you travelled on your vacation? I am asking this just to know which passport had your visa stamp? NO, "OLD" PASSPORT HAS VISA STAMPS FROM FIRST SIX YEARS ON H1B
4. Did UCSIS approve your H!-b extension for 3 years and does the I-94 on your I-797 indicate that the new H1-b is valid for 3 years? PENDING CASE NOT APPROVED YET. USCIS WORKING ON RECEIPT DATES OF 1/13 AND MY RECEIPT DATE IS 1/26
WHEN YOU RECEIVE YOUR EXTENSION APPROVAL A NEW I-94 IS ATTACHED TO THE EXTENSION NOTICE AS IN THE CASE WITH PREVIOUS RENEWALS/EXTENSIONS
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