crystal
07-11 12:07 PM
^^^^
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WillIBLucky
06-14 11:22 AM
Go ahead and file 485/EAD etc. EAD approval takes 2-3 months. To be on the safe side, apply for H1 extension also . it is safe to keep H1 till you get your 485 approval.
I thought once your EAD gets approved then you H1 Visa is not longer valid.
You could keep EAD and H1 together active?? Any experts, could you please throw some light?
I thought once your EAD gets approved then you H1 Visa is not longer valid.
You could keep EAD and H1 together active?? Any experts, could you please throw some light?
immi_enthu
08-20 06:10 PM
Hi,
Few months ago while googling about GC related stuff I came across a link, which, after going through few subsequent links, lead me to a link on the dol website from where I downloaded these databases. They are very huge (> 30 MB) so if you tell me (PM) you employer name and PD then I can look through the database and let you know the job title and code.
Thanks
are you referring to this :
http://www.flcdatacenter.com/CasePerm.aspx
Few months ago while googling about GC related stuff I came across a link, which, after going through few subsequent links, lead me to a link on the dol website from where I downloaded these databases. They are very huge (> 30 MB) so if you tell me (PM) you employer name and PD then I can look through the database and let you know the job title and code.
Thanks
are you referring to this :
http://www.flcdatacenter.com/CasePerm.aspx
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korient
07-11 02:53 PM
Hope someone is close enough to help.
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GCSOON-Ihope
11-02 11:47 AM
Some people are really highly sprung and get mad very quickly!
If you had expressed yourself better (from your first post, I believed you wanted to file by yourself), I wouldn't have bothered with my response.
Saying that, you are right: attorneys do screw up. It happened to me...
But practically speaking, considering how complex a file can be, good luck to you on checking an attorney's job.
If you had expressed yourself better (from your first post, I believed you wanted to file by yourself), I wouldn't have bothered with my response.
Saying that, you are right: attorneys do screw up. It happened to me...
But practically speaking, considering how complex a file can be, good luck to you on checking an attorney's job.
GC_Geek
09-11 04:50 PM
For a change, your employer sounds like a big time Joker.. ask him/her to take a break and be a joker on the road..
First and far most.. If your employer is really sending a cancellation letter to USCIS for your H1, he is trying to rub his own Ya$$.. the ultimate loser is not YOU, but He/She and his company.. No employer with brain will send an official cancellation letter..
On the other hand, you are still on H4 status and directly getting on to EAD, so, you never used the so called H1, which means, if he messes up with you, you will be intact.
Also your employer can not do anything for your husband as well for his 485 processing etc, again at 485 stage, your hubb's employer dont need to do anything other then your hubb is on payroll for 180 days from the receipt date of 485.
In a genral when your employer contacts you again, tell him to have fun in Honolulu :P no worries...
First and far most.. If your employer is really sending a cancellation letter to USCIS for your H1, he is trying to rub his own Ya$$.. the ultimate loser is not YOU, but He/She and his company.. No employer with brain will send an official cancellation letter..
On the other hand, you are still on H4 status and directly getting on to EAD, so, you never used the so called H1, which means, if he messes up with you, you will be intact.
Also your employer can not do anything for your husband as well for his 485 processing etc, again at 485 stage, your hubb's employer dont need to do anything other then your hubb is on payroll for 180 days from the receipt date of 485.
In a genral when your employer contacts you again, tell him to have fun in Honolulu :P no worries...
more...
pooja_34
10-17 07:32 PM
The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.
My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.
Got my AP in the mail yesterday but have only 2 originals, last time I got 3 so any idea if I will be able to make more than 2 trips out of the country?
My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.
Got my AP in the mail yesterday but have only 2 originals, last time I got 3 so any idea if I will be able to make more than 2 trips out of the country?
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eastindia
04-20 01:57 PM
Just saw this message. Please forward to more people
Send Mahesh Mahadevan - to - Home - Immigration Voice (http://immigrationvoice.org/forum/blogs/munnabhai/332-send-mahesh-mahadevan-to-home.html)
Any help from will be greatly appreciated!
From: nithyas@gmail.com [mailto:nithyas@gmail.com] On Behalf Of Surabhi organizing committee
Sent: Sunday, April 18, 2010 1:33 AM
Cc: Surabhi--the Indian Students Association at UCI
Subject: Send Mahesh Home
Our dear friend Mahesh Mahadevan has left us as of Saturday, April 10th, hours before his 23rd birthday. Mahesh was a second year Ph.D. student in Mechanical and Aerospace Engineering at the University of California, Irvine and an alumnus of the Indian Institute of Technology, Madras. Mahesh was a truly wonderful person with a bottomless heart, always willing to help everyone out without hesitation. His passion for life and people has inspired several of us to explore the world. He was genius in his own right; his thirst for knowledge and willingness to share it with us has made us better individuals. We miss him terribly.
Now Mahesh has to find his way home to Cochin, Kerala in India. It is estimated that the entire process (mortuary, embalming, airfare, and funeral services) will cost several thousand dollars, which, as we all are well aware of, is forbiddingly expensive. It is time for us to come together and show our support. Please help Mahesh on his journey home and beyond. We, Surabhi--the Indian Students Association at UC, Irvine--request you to donate any amount possible by clicking on this link below. All funds will be transferred to Mahesh's parents in India. In the event of surplus funds, we will institute a trust and establish scholarships in his memory for under-priveleged yet brilliant young minds. In our efforts to be transparent, we will update this webpage everyday with donors, their contributions, and expenses. If you would rather be anonymous, please e-mail nithyas [at] gmail [dot] com.
Please go to this website to donate: Send Mahesh Home
If you have any questions, please contact the President of Surabhi, Nithya Sambasivan at nithyas [at] gmail [dot] com or 978-996-0231 or the Vice-President, Bharath Rajaram at bharath [dot] rajaram [at] gmail [dot] com or 281-536-3370.
Please forward to Mahesh's friends and those who may help us in these times of need.
Regards,
Surabhi Organizing Committee
University of California, Irvine.
Send Mahesh Mahadevan - to - Home - Immigration Voice (http://immigrationvoice.org/forum/blogs/munnabhai/332-send-mahesh-mahadevan-to-home.html)
Any help from will be greatly appreciated!
From: nithyas@gmail.com [mailto:nithyas@gmail.com] On Behalf Of Surabhi organizing committee
Sent: Sunday, April 18, 2010 1:33 AM
Cc: Surabhi--the Indian Students Association at UCI
Subject: Send Mahesh Home
Our dear friend Mahesh Mahadevan has left us as of Saturday, April 10th, hours before his 23rd birthday. Mahesh was a second year Ph.D. student in Mechanical and Aerospace Engineering at the University of California, Irvine and an alumnus of the Indian Institute of Technology, Madras. Mahesh was a truly wonderful person with a bottomless heart, always willing to help everyone out without hesitation. His passion for life and people has inspired several of us to explore the world. He was genius in his own right; his thirst for knowledge and willingness to share it with us has made us better individuals. We miss him terribly.
Now Mahesh has to find his way home to Cochin, Kerala in India. It is estimated that the entire process (mortuary, embalming, airfare, and funeral services) will cost several thousand dollars, which, as we all are well aware of, is forbiddingly expensive. It is time for us to come together and show our support. Please help Mahesh on his journey home and beyond. We, Surabhi--the Indian Students Association at UC, Irvine--request you to donate any amount possible by clicking on this link below. All funds will be transferred to Mahesh's parents in India. In the event of surplus funds, we will institute a trust and establish scholarships in his memory for under-priveleged yet brilliant young minds. In our efforts to be transparent, we will update this webpage everyday with donors, their contributions, and expenses. If you would rather be anonymous, please e-mail nithyas [at] gmail [dot] com.
Please go to this website to donate: Send Mahesh Home
If you have any questions, please contact the President of Surabhi, Nithya Sambasivan at nithyas [at] gmail [dot] com or 978-996-0231 or the Vice-President, Bharath Rajaram at bharath [dot] rajaram [at] gmail [dot] com or 281-536-3370.
Please forward to Mahesh's friends and those who may help us in these times of need.
Regards,
Surabhi Organizing Committee
University of California, Irvine.
more...
Ramba
05-04 02:04 PM
:) when you are in India, you are NOT on H1B status.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
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Leo07
02-01 10:25 AM
we all need to fill the survey so that they can at least think about bumping up the priority.
PS: boy, there are lot of anti-immigrants than you'd think on this forum--people giving me RED:(
I'm assuming they'd fill out the survey the other way?
Immigration reform is not even in the list of items. This reflects the priority of CIR in president's todo list.
PS: boy, there are lot of anti-immigrants than you'd think on this forum--people giving me RED:(
I'm assuming they'd fill out the survey the other way?
Immigration reform is not even in the list of items. This reflects the priority of CIR in president's todo list.
more...
achu
01-26 11:45 AM
I have been working in US continously since May 2003. I have not committed a single crime other than an occasional traffic ticket. I have a fantastic work ethic and can give tons of references of clients and people who I have worked with. I have paid taxes at the rate 25% to 28% in the last 6 years. I pay property taxes. I have never missed or been late on a single credit card or rent or bill payment. I have excellent credit history. After 6 years now recently I wanted to go to India to see my ailing father who had a heart attack and my attorney warned me that since I am on H1 visa and working as a consultant and am not a full time employee I should go to India since the US consulate in India is rejecting or deffering issuing of visas quoting various reasons. They are basically trying to make life miserable for people regardless of their experience or value they bring to the table. What am I supposed to do? Do you just want me to go back to India - is that the end game here? I will if thats what you want. I will pull my money from the US economy I have invested in. Stop paying county and property and federal taxes. Stop paying license fees every year to the county. I will stop paying the humougous H1B visa extension fees. I hope this is what you want as you build your country's future with illegal immigrants whom you seem to favor more than people who are here legally. I wont even tell you how frustrating it has been to wait for Green Card which seems beyond possible!
Well Said. Others please share your thoughts.
Well Said. Others please share your thoughts.
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dixie
09-01 12:55 PM
May be she got her greencard....
weren't you the one who predicted no one here will get GC and this is all a big scam :D
weren't you the one who predicted no one here will get GC and this is all a big scam :D
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sidbee
01-05 10:59 PM
Following is the Employee Agreement
EMPLOYEE agrees and undertakes that EMPLOYEE will continue in the employment of XXXX for the Minimum Period. "Minimum Period" means the period commencing from the date of XXXX applying for the Green Card and ending on the expiry of one year from the date of EMPLOYEE being granted the Green Card.
EMPLOYEE therefore agrees to pay XXXX, before the last day of EMPLOYEE�s employment with XXXX, the aforesaid amount of US $10000 as Liquidated
Damages in the event EMPLOYEE breaches Clause hereof failing which XXXX shall have the right to charge such aforesaid amount from the final settlement of the dues to EMPLOYEE.
So If the employee does not pay at the most Employer will do is not give any of the Employee's remaining salary,leaves,Experience Letter etc?
What else he can do?
Does this Agreement is Legal? It is specifically referring to Green Card.
Why dont you send a complaint to DOL, I have seen Indians are really afraid to do so.
EMPLOYEE agrees and undertakes that EMPLOYEE will continue in the employment of XXXX for the Minimum Period. "Minimum Period" means the period commencing from the date of XXXX applying for the Green Card and ending on the expiry of one year from the date of EMPLOYEE being granted the Green Card.
EMPLOYEE therefore agrees to pay XXXX, before the last day of EMPLOYEE�s employment with XXXX, the aforesaid amount of US $10000 as Liquidated
Damages in the event EMPLOYEE breaches Clause hereof failing which XXXX shall have the right to charge such aforesaid amount from the final settlement of the dues to EMPLOYEE.
So If the employee does not pay at the most Employer will do is not give any of the Employee's remaining salary,leaves,Experience Letter etc?
What else he can do?
Does this Agreement is Legal? It is specifically referring to Green Card.
Why dont you send a complaint to DOL, I have seen Indians are really afraid to do so.
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gcchaahiyey
04-07 03:42 PM
Hi,
I submitted my 485 in julyEven i applied for my wife too.....we both got EAD, AP...She left to India...we have problems and we may seperate each other...So not sure when we get divorce because of outdated Indian marriage laws...Are there going to be any problems when they are adjudicating my 485 application? Her FP done and she got AP until Sep 2008...Now what will happen if USCIS sends out an FP notice for my wife...She won't be doing finger printing...Is it going effect my GC in anyway?
I submitted my 485 in julyEven i applied for my wife too.....we both got EAD, AP...She left to India...we have problems and we may seperate each other...So not sure when we get divorce because of outdated Indian marriage laws...Are there going to be any problems when they are adjudicating my 485 application? Her FP done and she got AP until Sep 2008...Now what will happen if USCIS sends out an FP notice for my wife...She won't be doing finger printing...Is it going effect my GC in anyway?
more...
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ram_nara303
01-08 01:53 PM
I was in the same situation where I came on B1 and then moved to H1 after a years wait here. Ultimately got my EAD and AP. Still i was reluctant to travel down to INdia, but had to do to attend a marriage of my wife's brother. So finally after 8 yrs, I went to India and I took all necessary documentation including AP, 485 receipt, H1 approval notice, paystubs. Getting through IAD was a breeze and did not take more than 10 minutes. So don't worry and as long as your AP is valid, you should not worry much.
:)
:)
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Saralayar
09-24 12:45 PM
After 09/18 I got NUD almost everyday until today
Now NUD = No Updates to Date ..... :o
Good One.. :D
Now NUD = No Updates to Date ..... :o
Good One.. :D
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andycool
04-21 01:50 PM
Contributed a small amount for this cause....
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stones
06-30 11:31 PM
have you been employed by Company B? If so, for what dates do you have paystubs?
I have paystubs from November, 2008 to June, 2009
I have paystubs from November, 2008 to June, 2009
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raoece
07-06 05:10 PM
once I-140 approved then that PD is locked for you , you can port that date with your new I-140 filing. no need to file 485 and wait for 6 months, this only for Ac-21 porting with new employer.
Leo07
05-21 10:48 AM
"Did you File for AOS/485--YES/NO?"
Just to see, if it gets more people to poll..
Just to see, if it gets more people to poll..
Maverick_2008
04-16 10:14 AM
Thank you all for your input. Now that I have a better perspective, I'll play my cards accordingly.
Cheers,
Maverick_2008
When you are talking about H1 extension, you should keep in mind that there is an additional cost to get an actual visa (if you travel). Ask employer to extend H1, but be smart and apply for EAD. You never know what may happen. Employer or your job can vanish very quickly. You may not have time to wait for a new EAD. No need to jeopardize your GC by saving on EAD extension. As for AP, I do not really see a need for it if you have H1 (although you may experience difficulties with getting H1b stamp, so it may be wise to get AP just in case) or if you are not going to travel.
Gaps in EAD/AP is not a problem from GC perspective, but having a valid EAD all the time is very prudent.
Cheers,
Maverick_2008
When you are talking about H1 extension, you should keep in mind that there is an additional cost to get an actual visa (if you travel). Ask employer to extend H1, but be smart and apply for EAD. You never know what may happen. Employer or your job can vanish very quickly. You may not have time to wait for a new EAD. No need to jeopardize your GC by saving on EAD extension. As for AP, I do not really see a need for it if you have H1 (although you may experience difficulties with getting H1b stamp, so it may be wise to get AP just in case) or if you are not going to travel.
Gaps in EAD/AP is not a problem from GC perspective, but having a valid EAD all the time is very prudent.
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