cha79
06-05 03:22 PM
Hi illinois_alum and sanjayc,
I have very similar questions except for our situation. Both me and wife have valid H-1B and H-4 and need to apply for our EAD extension (we are maintaining them in parallel). Can you suggest what should be our response to these in such case:
1. Manner of Last Entry : Should it be H-1B?
2. Current Immigration Status : H-1B? We never used EAD/AP to work or travel
6. Eligibility status: Should we just menton (c)(9) or have to add "FILED I-485" too?
Thanks for your help.
I have very similar questions except for our situation. Both me and wife have valid H-1B and H-4 and need to apply for our EAD extension (we are maintaining them in parallel). Can you suggest what should be our response to these in such case:
1. Manner of Last Entry : Should it be H-1B?
2. Current Immigration Status : H-1B? We never used EAD/AP to work or travel
6. Eligibility status: Should we just menton (c)(9) or have to add "FILED I-485" too?
Thanks for your help.
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rolrblade
07-20 01:26 PM
I sent in form G-325 for both me and my wife along with my I-485 instead of the G-325A as required on I-485 instructions by oversight. What do you guys recommend I do? Should I send in a new application or just send in the G-325A form with a letter stating the issue? Please help.
When did you file? How long has it been?
if you just recently filed, I would recommend that you wait for the Receipt notice of the 485 (at this stage they have not worked on your case yet) and then send the letter along with the correct form.
Atleast that way they can track it and put it where it is supposed to go. Right now, if you send it where are they going to find your form in 700K+ applications comming n and and you not even being in the system.
Consult with your attorney thugh.
Just my 2 cents.
When did you file? How long has it been?
if you just recently filed, I would recommend that you wait for the Receipt notice of the 485 (at this stage they have not worked on your case yet) and then send the letter along with the correct form.
Atleast that way they can track it and put it where it is supposed to go. Right now, if you send it where are they going to find your form in 700K+ applications comming n and and you not even being in the system.
Consult with your attorney thugh.
Just my 2 cents.
ajju
10-13 05:57 PM
But ksircar, instead of accepting can't we raise red flags to USCIS?
This is going to be an issue for lot of folks who all filed for I-485 in the last year July fiasco. We will be forced renew every time. Only by giving 2 years is just a temporary postponement but not solving the real problem.
It is like Drivers Lincense renewal. If you have your documentation and you have been driving legally should be granted renewal instantly. Why can't they do the same thing with EAD?
agree.. 90 days is too much.. esp when just dates need to be extended.. In the first place.. it should be non-expiring .. something like valid with I-485 Receipt... and then when accepting EAD employer can check the I-485 status that its still pending... and any change will send email to the employer about 485 current status...
But then my dear.. where's the money...
Gov: Show me the money?
USCIS: let sdo 1 year EAD/AP renewal... and we can sit for 90 days on it for generating this much money... and find cheapest ways of printing the card and mailing... If errors happen we might get more money :-)
Gov: why are you not moving dates and making more money?
USCIS: Okay we'll issue 2year EAD and accept more new apps...
and so on...
This is going to be an issue for lot of folks who all filed for I-485 in the last year July fiasco. We will be forced renew every time. Only by giving 2 years is just a temporary postponement but not solving the real problem.
It is like Drivers Lincense renewal. If you have your documentation and you have been driving legally should be granted renewal instantly. Why can't they do the same thing with EAD?
agree.. 90 days is too much.. esp when just dates need to be extended.. In the first place.. it should be non-expiring .. something like valid with I-485 Receipt... and then when accepting EAD employer can check the I-485 status that its still pending... and any change will send email to the employer about 485 current status...
But then my dear.. where's the money...
Gov: Show me the money?
USCIS: let sdo 1 year EAD/AP renewal... and we can sit for 90 days on it for generating this much money... and find cheapest ways of printing the card and mailing... If errors happen we might get more money :-)
Gov: why are you not moving dates and making more money?
USCIS: Okay we'll issue 2year EAD and accept more new apps...
and so on...
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wizpal
02-24 01:01 AM
I am ready to attend the state chapter and local law makers..
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chapper
11-11 03:29 PM
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trramesh
11-11 09:51 PM
/\/\
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mchhokar
05-15 03:23 PM
Is it ok to file H1b while L1 is on appeal.. IS USCIS ok with this fact.. Filing the visas simultaneously under two categorie?
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gc_bucs
05-29 10:40 AM
I think if you call them then they might be able to set up the emergency appt. I got a bit frustrated by their process so I never called them.
I have an emergency to go to India to take care of my sickly mom and I need to return back to work on July first. I am also trying to get emergency appointment. I couldnt. Could you please suggest the way I can get emergency appointment in any of the consulate.
I have an emergency to go to India to take care of my sickly mom and I need to return back to work on July first. I am also trying to get emergency appointment. I couldnt. Could you please suggest the way I can get emergency appointment in any of the consulate.
more...
makemygc
06-14 10:52 AM
Guys,
Don't create new thred for every single question you have.. You can find right thred and put it there..
Yes you can file for 485 even though your H1B extension is pending.
Lets use this thread for I485 and H1 Ext queries. Anil can you change the title to look like this "All I485 and H1 Ext Issues related postings here".
I also have a similar question. I've to file for 3 yr H1 ext on basis of approved I-140. Immigration-law.com says that there could be an issue with that:-
*************************************************
It is uncertain how this visa number change will affect the pending H-1B extension petitions beyond six years under 104(c) based on the approved I-140 petition. There is some chance that it may be denied. Additionally, those who need H-1B extension beyond six years and are not eligible for one-year increment extention because 360 days have not passed since the filing of labor certification or I-140 petition (labor certification waiver cases) will face a problem in extending the H-1B status. They should, however, take advantage of 245(K) benefit that makes I-485 eligible inasmuch as the unauthorized employment or unalwful status did not last more than 180 days since the latest admission to the United States. Those who can file the I-485 timely under 245(K) should cease.
***************************************
Can someone has done this earlier and can put their experience in. Please.
Don't create new thred for every single question you have.. You can find right thred and put it there..
Yes you can file for 485 even though your H1B extension is pending.
Lets use this thread for I485 and H1 Ext queries. Anil can you change the title to look like this "All I485 and H1 Ext Issues related postings here".
I also have a similar question. I've to file for 3 yr H1 ext on basis of approved I-140. Immigration-law.com says that there could be an issue with that:-
*************************************************
It is uncertain how this visa number change will affect the pending H-1B extension petitions beyond six years under 104(c) based on the approved I-140 petition. There is some chance that it may be denied. Additionally, those who need H-1B extension beyond six years and are not eligible for one-year increment extention because 360 days have not passed since the filing of labor certification or I-140 petition (labor certification waiver cases) will face a problem in extending the H-1B status. They should, however, take advantage of 245(K) benefit that makes I-485 eligible inasmuch as the unauthorized employment or unalwful status did not last more than 180 days since the latest admission to the United States. Those who can file the I-485 timely under 245(K) should cease.
***************************************
Can someone has done this earlier and can put their experience in. Please.
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seahawks
06-27 03:02 PM
Check this forum (http://www.baraban.org/go/printthread.php?threadid=15493)
Question:Name misspelled on I-485 NOA
Yesterday we recieved 3 NOAs (for 130, 485, and 131) from USCIS, and unfortunately, most important (I-485) NOA misspelled my last name (while two other NOAs not). Nothing was misspelled on my application - I checked my copy.
On the NOA, USCIS wrote in bold: Please notify us immediately if any of the above is incorrect. Well, my last name is incorrect (twice). Unfortunately, USCIS didn't say how exactly I should notify them immediately.
So, what is the best way to correct this? Infopass? Or any good phone/fax numbers or email? We are in San Francisco.
Thank you.
Answer Yes, you can do it through INFOPASS or you can wait until your fingerprinting appointment which will happen shortly and do it at that time
An attorney has suggested them to take an infopass appt and I suggest you do the same
This is true since you haven't messed up and the USCIS did, in my case, the form that was filed had wrong information. There is no information in USCIS that tells us how we can correct it.
Question:Name misspelled on I-485 NOA
Yesterday we recieved 3 NOAs (for 130, 485, and 131) from USCIS, and unfortunately, most important (I-485) NOA misspelled my last name (while two other NOAs not). Nothing was misspelled on my application - I checked my copy.
On the NOA, USCIS wrote in bold: Please notify us immediately if any of the above is incorrect. Well, my last name is incorrect (twice). Unfortunately, USCIS didn't say how exactly I should notify them immediately.
So, what is the best way to correct this? Infopass? Or any good phone/fax numbers or email? We are in San Francisco.
Thank you.
Answer Yes, you can do it through INFOPASS or you can wait until your fingerprinting appointment which will happen shortly and do it at that time
An attorney has suggested them to take an infopass appt and I suggest you do the same
This is true since you haven't messed up and the USCIS did, in my case, the form that was filed had wrong information. There is no information in USCIS that tells us how we can correct it.
more...
ItIsNotFunny
12-02 03:46 PM
How about you become core member and involve in overall efforts related to lobbying.
I promote more direct efforts like rally, mails etc than lobbying.
I never said current core members are not doing their job. I said that lobbying companies may be over charging where we don't have control.
I promote more direct efforts like rally, mails etc than lobbying.
I never said current core members are not doing their job. I said that lobbying companies may be over charging where we don't have control.
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pointlesswait
07-29 06:06 PM
CHC speaks only for illegals...
they fear any partial immigration reforms will harm their political constituents..namely the hispanic voter base.
They will never come onboard for legals..we have to fight our own battle.
So individual constituents on this forums can have personal views..
As far as I know we HAVE NO STAND on the issue.
Our goal is simple, to seperate ourselves from "undocumented immigrants", we do not call it "illegal immigration" as per our initial IV discussions.
IV stands as an organization for Employment Based Legal Immigration and nothing BUT that. So, again, in short we HAVE no stand on "illegal immigration".
they fear any partial immigration reforms will harm their political constituents..namely the hispanic voter base.
They will never come onboard for legals..we have to fight our own battle.
So individual constituents on this forums can have personal views..
As far as I know we HAVE NO STAND on the issue.
Our goal is simple, to seperate ourselves from "undocumented immigrants", we do not call it "illegal immigration" as per our initial IV discussions.
IV stands as an organization for Employment Based Legal Immigration and nothing BUT that. So, again, in short we HAVE no stand on "illegal immigration".
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VMH_GC
07-13 11:13 AM
:) Have every one wear white as the color of peace/silent protest/sadness.
As he says, Wear a white kurtha/Shirt.
Suit is also not a bad idea, but whatever be the dress, guys going to rally, pls. ensure your unity in dress code as well.
As he says, Wear a white kurtha/Shirt.
Suit is also not a bad idea, but whatever be the dress, guys going to rally, pls. ensure your unity in dress code as well.
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Siddharta
09-26 04:26 PM
My sincere advice, DO not even think about it ..
So you recommend I stay in the similar position (and company) till 2015. Greattttttttt.....
So you recommend I stay in the similar position (and company) till 2015. Greattttttttt.....
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anurakt
01-08 09:23 AM
Are you 100% sure that it's the stamped visa date which will be given on the arrival and not the extension date ?? I was under the impression other way round ?
Look at this thread
http://immigrationvoice.org/forum/showthread.php?t=2636&highlight=Atlanta
Look at this thread
http://immigrationvoice.org/forum/showthread.php?t=2636&highlight=Atlanta
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pappu
03-17 03:55 PM
Upcoming Teleconference
Export Controls Requirements on Form I-129: A Conversation with the Commerce Department
March 24, 2011, 2:00 – 3:00 p.m. EDT
The Ombudsman’s Office invites you to participate in a public teleconference on the new USCIS requirement on Form I-129 that asks certain petitioners to certify whether an export controls license is required for the release of controlled technology or technical data to a beneficiary. The Ombudsman’s Office will interview Commerce Department officials on when an export controls license is required and will moderate a question and answer session between teleconference participants and the Commerce Department officials.
How to Participate
To participate in these calls, please RSVP to cisombudsman.publicaffairs@dhs.gov specifying which call you would like to join. Participants will receive a return e-mail with the call-in information.
Teleconference procedures
1.
To ensure your participation, we encourage you to RSVP 48 hours before the call.
2.
Please send us your questions and issues related to the teleconference topics ahead of the call.
If you are unable to participate in these calls, please visit our Web page at DHS | Citizenship and Immigration Services Ombudsman (http://www.dhs.gov/cisombudsman) for upcoming teleconference dates. Also, if you have a topic of interest for a future call, please send it to cisombudsman.publicaffairs@dhs.gov.
Export Controls Requirements on Form I-129: A Conversation with the Commerce Department
March 24, 2011, 2:00 – 3:00 p.m. EDT
The Ombudsman’s Office invites you to participate in a public teleconference on the new USCIS requirement on Form I-129 that asks certain petitioners to certify whether an export controls license is required for the release of controlled technology or technical data to a beneficiary. The Ombudsman’s Office will interview Commerce Department officials on when an export controls license is required and will moderate a question and answer session between teleconference participants and the Commerce Department officials.
How to Participate
To participate in these calls, please RSVP to cisombudsman.publicaffairs@dhs.gov specifying which call you would like to join. Participants will receive a return e-mail with the call-in information.
Teleconference procedures
1.
To ensure your participation, we encourage you to RSVP 48 hours before the call.
2.
Please send us your questions and issues related to the teleconference topics ahead of the call.
If you are unable to participate in these calls, please visit our Web page at DHS | Citizenship and Immigration Services Ombudsman (http://www.dhs.gov/cisombudsman) for upcoming teleconference dates. Also, if you have a topic of interest for a future call, please send it to cisombudsman.publicaffairs@dhs.gov.
more...
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bigboy007
12-10 04:23 PM
Pay scale : My initial labor is approved with Company A with Payrange of 48K thereafter i am getting around 79K with the same employer and around the time when my 140 is applied and approved + 485 filed.
Now new job with be around around payscale of 85k etc how does it effect ? based on following lines i used to get similar amount when my 140 is filed.
PPL SAY
The Yates Memo (2005) explained that a difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial, as long as the case meets occupational classification requirement. However, a significant discrepancy in salary may be a factor in determining whether the new job is "same or similar."
Now new job with be around around payscale of 85k etc how does it effect ? based on following lines i used to get similar amount when my 140 is filed.
PPL SAY
The Yates Memo (2005) explained that a difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial, as long as the case meets occupational classification requirement. However, a significant discrepancy in salary may be a factor in determining whether the new job is "same or similar."
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permfiling
01-19 09:59 AM
All the written agreements are valid in most of the states. but you can argue on the terms of agreement. He cannot ask her to stay in the company for 4 years. If she works in that company for 1 year, her employer should recover all the money he spent on her.
The best way is to work there for 1 or 2 years and walk out without paying anything. Or just pay the filing fee and get out right away.
You are right Chris, last year few folks left the company and the company downsized as well. The only way to retain ppl and make them sweat is to hire H1's with the promise of GC who will be obliged to work.
The best way is to work there for 1 or 2 years and walk out without paying anything. Or just pay the filing fee and get out right away.
You are right Chris, last year few folks left the company and the company downsized as well. The only way to retain ppl and make them sweat is to hire H1's with the promise of GC who will be obliged to work.
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jonty_11
01-31 01:49 PM
I think we need to help ourselves, please contribute to IV and help yourselves.
kirupa
03-31 01:56 PM
I e-mailed my colleague (http://blog.sunnypixels.com/) who worked on this, and she suggested checking the PDF compatibility button before exporting. Does your file have that option?
Thanks,
Kirupa :)
Thanks,
Kirupa :)
Lasantha
01-31 02:16 PM
I am no expert but I think you are OK because of this phrase in your Labor.
Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
I think the people who have problems with 3 year degrees do not have that clause in the LC. As long as you say suitable combination of Education , training or expeirence in lieu of stated requirements you should be fine.
But it won't hurt to get a good Credential Evaluation. Try Sheila Danzig at http://www.degreepeople.com
Please let me know whether my I-140 will be approved under EB3.I have 3 year bachelors degree(Maths) from India and 2yr diploma from Aptech. Your suggestions will be highly appreciated
Column 14
Education
Grade School : 8 years
High School : 4 years
College : 4 years
College Degree(Required) : Bachelor's Degree
Major Fied of Study : Computer Science*
Column 15
Travel and/or relocation required
*compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
I think the people who have problems with 3 year degrees do not have that clause in the LC. As long as you say suitable combination of Education , training or expeirence in lieu of stated requirements you should be fine.
But it won't hurt to get a good Credential Evaluation. Try Sheila Danzig at http://www.degreepeople.com
Please let me know whether my I-140 will be approved under EB3.I have 3 year bachelors degree(Maths) from India and 2yr diploma from Aptech. Your suggestions will be highly appreciated
Column 14
Education
Grade School : 8 years
High School : 4 years
College : 4 years
College Degree(Required) : Bachelor's Degree
Major Fied of Study : Computer Science*
Column 15
Travel and/or relocation required
*compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
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