loudoggs
08-14 05:13 PM
If the person gets the visa stamped on the passport at the US consulate abroad, I do not see any problems re-entering.
AP is only optional. You can always get a valid US visa stamp based on the approved petition and use the H-1 visa stamp to re-enter.
I am not sure what the confusion here is:rolleyes:
There could be a problem at Point of Entry if the officer notices the exit date before the approval of AP. I think for you to be able to use AP to enter it should be approved prior to your exit out of the country. You might want to consult an attorney or USCIS on this. If the IO at POE stops them there is nothing you can do. So be very careful on what you want to do here.
-ch
AP is only optional. You can always get a valid US visa stamp based on the approved petition and use the H-1 visa stamp to re-enter.
I am not sure what the confusion here is:rolleyes:
There could be a problem at Point of Entry if the officer notices the exit date before the approval of AP. I think for you to be able to use AP to enter it should be approved prior to your exit out of the country. You might want to consult an attorney or USCIS on this. If the IO at POE stops them there is nothing you can do. So be very careful on what you want to do here.
-ch
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OLDMONK
07-19 03:17 PM
8 CFR Sec. 245.2(a)(4)(ii)(C) . It says:
(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required) and the original I-797 receipt notice for the application for adjustment of status.
Looks like we can ask for a receipt notice in case we are travelling out of the country. Atleast ask!
Yes this a legit reason to get receipts. But if you have been denied receipts by employer/lawyer in recent past. Give this reason a little time, if you know what I mean. Else this reason would also go to waste.
My Lawyer has been good in this regard and usually scans a copy and emails to my HR/Supervisor and Myself as soon as she get any notices/rfe's etc. I think this would be the pattern of most employers if not all.
(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required) and the original I-797 receipt notice for the application for adjustment of status.
Looks like we can ask for a receipt notice in case we are travelling out of the country. Atleast ask!
Yes this a legit reason to get receipts. But if you have been denied receipts by employer/lawyer in recent past. Give this reason a little time, if you know what I mean. Else this reason would also go to waste.
My Lawyer has been good in this regard and usually scans a copy and emails to my HR/Supervisor and Myself as soon as she get any notices/rfe's etc. I think this would be the pattern of most employers if not all.
gc_check
11-22 07:55 AM
I guess when it comes to GC processing, NOTHING is really "wrong" is it? If you get a chance to work around and beat the long lines, I guess "It's all good". Some people are lucky that they get a chance to get Labor Sub, some ppl marry the GC and some ppl like the rest of us wait in line like "honest citizens".
The REAL question is, just how many of us would have refused a good labour sub, given the present conditions, solely on the basis that "it is unfair to others"? I know i would have taken it. Reason? It's LEGAL (or used to be). Our "misfortune" (if i can use that word), is that we did not get a similar chance.
For those wondering, what I am babbling about: "Let's not look down on this guy who got his GC approved by Labour Sub, or even continuously point out that he did."
Well said, No one here is going to let go an opporturnity here, if one gets one. In my case, I did NOT go in search of one, and I did not get one. So waiting in line for years. that said, If I had got an option, I would have taken advantage of it. This guy does deserves his GC. Anyway, he/she has been here since 1997 and it is a long time too.
The REAL question is, just how many of us would have refused a good labour sub, given the present conditions, solely on the basis that "it is unfair to others"? I know i would have taken it. Reason? It's LEGAL (or used to be). Our "misfortune" (if i can use that word), is that we did not get a similar chance.
For those wondering, what I am babbling about: "Let's not look down on this guy who got his GC approved by Labour Sub, or even continuously point out that he did."
Well said, No one here is going to let go an opporturnity here, if one gets one. In my case, I did NOT go in search of one, and I did not get one. So waiting in line for years. that said, If I had got an option, I would have taken advantage of it. This guy does deserves his GC. Anyway, he/she has been here since 1997 and it is a long time too.
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lazycis
02-29 01:51 PM
if you have EAD and 140 is approved (And 180 passed since 485filed), then why are you worried about H1 status ?
am I missing something here ..I let my H1 expire and am using EAD now.
I had another question - if one has EAD and 140 is approved (and 180 days passed and a person does not hav H1) - then how long can that person stay unemployed ? please reply if you know ..Thanks !!
GC is fo future employment so technically you need to have an employment offer when your GC is ready for approval. You can be unemployed up to that date, there is no requirement for continuos employment.
am I missing something here ..I let my H1 expire and am using EAD now.
I had another question - if one has EAD and 140 is approved (and 180 days passed and a person does not hav H1) - then how long can that person stay unemployed ? please reply if you know ..Thanks !!
GC is fo future employment so technically you need to have an employment offer when your GC is ready for approval. You can be unemployed up to that date, there is no requirement for continuos employment.
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DarkChild
05-17 02:02 PM
nice one dj, really nice one to be more specific :thumb:
immigrant2007
08-20 12:41 AM
Mil gaya to nariyal phodunga... bas aur kya bolu?
(If I get it, I will break a coconut, what else can I say?)
Amen
(If I get it, I will break a coconut, what else can I say?)
Amen
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sanjayc
11-13 05:49 PM
I am a typical EB worker and have all the insecurities of a person working on EAD/H1 in a distant land. Though gainfully employed seeing job losses all around makes me anxious. There is no back up if i lose my job as being on EAD/H1 does not give me any unemployment benefit, no breathing period though i have dutifully paid SS taxes without a break for last several years. With stock market tanking i dread seeing my 401K statement. Selling my House to move somewhere else might be very difficult, if not impossible.
Any setback on GC would hit me both financially ( money to spend on MTR, pay pricey lawyers , look for not so cheap health insurance, and biggest of all - loose the steady pay check )
as well as mentally ( to look for a new job, worry about same/similar classification, move to new place, unable to service my mortgage , put up with not so pleasant working conditions etc ).
I am away from friends and family so no psychological support as well when needed.
Any setback on GC would hit me both financially ( money to spend on MTR, pay pricey lawyers , look for not so cheap health insurance, and biggest of all - loose the steady pay check )
as well as mentally ( to look for a new job, worry about same/similar classification, move to new place, unable to service my mortgage , put up with not so pleasant working conditions etc ).
I am away from friends and family so no psychological support as well when needed.
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Ennada
03-18 08:21 AM
First of all EAD is not a status - Its just a work authorization. GC is for a future job.
With EAD, you can work with your current gc employer, or do nothing, or do any other job.
The only important thing is that you must either be working in a same/similar job for any employer (using AC21) or have a valid job offer in the same/similar job classification as on the labor certification at the time of 485 adjucation. It is easy to get rfe if you are no longer working for the sponsoring employer.
At that time, you should not be actively searching for a job - You should have a job offer which shows the employer's intent to hire you on a future date.
This is correct.......once the employer revokes H1B, that is a red flag for the immigration officer. Officer may or may not ask for evidence. Be prepared to show a same or similar job offer.
With EAD, you can work with your current gc employer, or do nothing, or do any other job.
The only important thing is that you must either be working in a same/similar job for any employer (using AC21) or have a valid job offer in the same/similar job classification as on the labor certification at the time of 485 adjucation. It is easy to get rfe if you are no longer working for the sponsoring employer.
At that time, you should not be actively searching for a job - You should have a job offer which shows the employer's intent to hire you on a future date.
This is correct.......once the employer revokes H1B, that is a red flag for the immigration officer. Officer may or may not ask for evidence. Be prepared to show a same or similar job offer.
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go_guy123
05-22 06:47 PM
Buddy, what were you doing for 40 days after your got terminated? If you knew it was coming you should have made efforts to transfer H1 or right after. If you transfer H1, then obviously INS will look for pay stubs etc from the last sponsoring co. Since you mentioned you never actually worked for them (if I understand this right) then you are in trouble. You can use EAD but you lose your H1 status. If you want to get back to H1 then you are back in the lottery mess to qualify for one. Obviously you need to decide what is important to you at this point. Marriage or your job/GC. Good luck.
You can always marry a US Citizen and solve both the problems !!!!
How about that
You can always marry a US Citizen and solve both the problems !!!!
How about that
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h1techSlave
04-04 04:10 PM
Agree with you 100%. And this does not require a law change and is relatively easy. Not very easy, but easier than getting a new law passed.
I saw a comment on a lawyer's website that recapture of unused visas can only be done through legislation and not through administrative fix..
And, the real issue we should try to address here is USCIS inefficiency.
There are a lot of " worldwide" category folks who have been current for over a year (and a few months after the 180 day memo) but are yet to get their GC.... So unless we get USCIS to move fast on the applications that are current, all our visa recapture efforts help DOS to move cut off dates further ahead.. but if past history is any indication, more of these visa #s will be assigned to Consular processing cases rather than AOS cases in USA..
So.. I think while lobbying for Visa Recapture is the right move, we should also lobby to highlight USCIS inefficiency in adjudicating cases that are current..
I saw a comment on a lawyer's website that recapture of unused visas can only be done through legislation and not through administrative fix..
And, the real issue we should try to address here is USCIS inefficiency.
There are a lot of " worldwide" category folks who have been current for over a year (and a few months after the 180 day memo) but are yet to get their GC.... So unless we get USCIS to move fast on the applications that are current, all our visa recapture efforts help DOS to move cut off dates further ahead.. but if past history is any indication, more of these visa #s will be assigned to Consular processing cases rather than AOS cases in USA..
So.. I think while lobbying for Visa Recapture is the right move, we should also lobby to highlight USCIS inefficiency in adjudicating cases that are current..
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amsgc
12-11 01:10 AM
EAD document - at least that's how it is in GA. The license will be valid till your EAD expiration date.
Also, in GA, if you are not a Citizen or a Permanent resident, you cannot renew our license online.
What if you are working on EAD on pending 485? What would be the acceptable document?
Also, in GA, if you are not a Citizen or a Permanent resident, you cannot renew our license online.
What if you are working on EAD on pending 485? What would be the acceptable document?
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ramus
07-10 09:54 PM
Don't need to get excited. Nothing has changed.. Its again depend on you if you want to file and get it rejected and then be a part of law suit or if you just want to wait till Oct. But so far all these are rumers. and good roumers never become true..
But nothing wrong with being hopeful.
IS THIS APPLICABLE ONLY TO JULY 2 FILERS? FOR OTHERS, IS IT ADVISABLE TO FILE I485 NOW?
But nothing wrong with being hopeful.
IS THIS APPLICABLE ONLY TO JULY 2 FILERS? FOR OTHERS, IS IT ADVISABLE TO FILE I485 NOW?
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polkam32
02-09 12:08 PM
Hi,
Mine also similar case and my priority date is 11/04/04. I searched in 2004, 2005 and 2006databases but I did not find mine. Is there any other place to get the accurate info.
Thanks in advance.
Mine also similar case and my priority date is 11/04/04. I searched in 2004, 2005 and 2006databases but I did not find mine. Is there any other place to get the accurate info.
Thanks in advance.
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rick_rajvanshi
05-26 10:17 PM
Just comparing USCIS with any product selling company .
I always thought I was the only person going insane with this kind of wait and watch game being played with our lives. Good to see some company.
I always thought I was the only person going insane with this kind of wait and watch game being played with our lives. Good to see some company.
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sk.aggarwal
11-12 01:01 PM
Completely agreee with hari_baby22. Couple of days back I posted that immigration voice could get a lot more donations if they publish there earnings/expenses report online and make everything transparent. Lot of people including myself, do not contribute because they dont know how funds are getting used. My post was deleted by administrator and I got following message -->
Here is the message that has just been posted:
***************
We don't think you are for real. We believe you are an agent of a for profit immigration website.
***************
This time my user account itself might get deleted....
Here is the message that has just been posted:
***************
We don't think you are for real. We believe you are an agent of a for profit immigration website.
***************
This time my user account itself might get deleted....
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Nil
02-28 11:23 AM
Please can someone indicate how to retrieve info on Labor, I140 and others necessary to switch to another company using AC21.
What are the options if employer & law firm are unwilling to share?
What are the options if employer & law firm are unwilling to share?
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gcseeker2002
09-16 03:16 PM
<quote>"Just as an Example we LOST 32,000 This year, just in Lawyer fees for H1b's not selected in the lottery."</quote>
$32000 in lawyer fees ? How may H1s were that for ? 50 ? 100 ?
$32000 in lawyer fees ? How may H1s were that for ? 50 ? 100 ?
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ajayabhichandani
05-24 02:56 PM
Done , send from NJ. Keep it up IV
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uma001
02-08 11:45 AM
One of friends got advice from a tax consultant about the 401K withdrawal question you have. The best approach in this case would be to phase out the withdrawal amounts over a period of successive years. When you are in India, you are not earning US income. So say if you take 10K the first year, it will be considered income earned in US for which you have to pay tax. Since 10K is below the standard deduction amt, you will not have to pay any tax. The penalty will still apply as you are breaking the 401K.
Disclaimer - Talk to a tax professional.
Thanks
You mean Rs10000?? :)
Disclaimer - Talk to a tax professional.
Thanks
You mean Rs10000?? :)
gc28262
08-17 05:25 PM
Exactly but mere emphasis solely on educational qualification is unfortunate as after few years in job market, your skills & experience has more leverage than the degree and I am saying this based on my personal experience. In our group I was the one with least amount of formal education but still I got promoted 2 times ahead of Masters degree holders form US and foreign universities.
The issue here is, USCIS is a government agency. They are incapable of making a subjective determination of a person's capability. All they go by is the degree certificate which can be seen on a piece of paper.
As per INA/USCIS, many of the following won't qualify for EB2:
CEOs-Without-College-Degrees: Personal Finance News from Yahoo! Finance (http://finance.yahoo.com/career-work/article/107139/CEOs-Without-College-Degrees?mod=career-leadership)
The issue here is, USCIS is a government agency. They are incapable of making a subjective determination of a person's capability. All they go by is the degree certificate which can be seen on a piece of paper.
As per INA/USCIS, many of the following won't qualify for EB2:
CEOs-Without-College-Degrees: Personal Finance News from Yahoo! Finance (http://finance.yahoo.com/career-work/article/107139/CEOs-Without-College-Degrees?mod=career-leadership)
topgun_gc
07-11 02:25 PM
Dependents don't need SS# to file. Only primary applicant is required to have SSN.
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