roseball
07-20 05:47 PM
This is news to me also. Once my current H1 expires I'm also planning to work on EAD and change to H4. One attorney adviced me to do that so that in case something happens to our I-485, I'll be on H4 and be still on status in this country to appeal for an MTR.
Another attorney told me to just work on EAD, no need to file H4 but I can if that will give me a peace of mind.
But what this attorney described here make sense too. If working on EAD invalidates H1, it should invalidate H4 also. But then again like the OP said I have known people who were on H4 and started working when they got EAD and extended their H4.
Is it different in case its the beneficiary of the I485 thats moving to H4?
Saloni, have you gotten any more info and could you please provide the link to the memo you are talking about?
The reason why this is a grey area is because USCIS has no means of tracking whether you maintained a valid H4 status (did not work) or used your EAD (put EAD info in form I-9)from your pending I-485. So they keep extending your H4 status whenever it is requested as a supplement to primary beneficiary's H1 extension. But as with any other case, its always upto the applicant to prove his or her valid immigration status in the country. As far as the rules go, you can either be on H4 status and not work, or work on EAD and be in AOS status. Hope this helps...
Another attorney told me to just work on EAD, no need to file H4 but I can if that will give me a peace of mind.
But what this attorney described here make sense too. If working on EAD invalidates H1, it should invalidate H4 also. But then again like the OP said I have known people who were on H4 and started working when they got EAD and extended their H4.
Is it different in case its the beneficiary of the I485 thats moving to H4?
Saloni, have you gotten any more info and could you please provide the link to the memo you are talking about?
The reason why this is a grey area is because USCIS has no means of tracking whether you maintained a valid H4 status (did not work) or used your EAD (put EAD info in form I-9)from your pending I-485. So they keep extending your H4 status whenever it is requested as a supplement to primary beneficiary's H1 extension. But as with any other case, its always upto the applicant to prove his or her valid immigration status in the country. As far as the rules go, you can either be on H4 status and not work, or work on EAD and be in AOS status. Hope this helps...
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coopheal
09-13 03:42 PM
I am talking about Class Action Lawsuites (not sure if it applies to Fefderal agencies).
btw, I dont get why I am already 'infamous' :)
I am sure you are well aquinted with IV and EB process.
You proudly keep profile incomplete....
Post a "noval" idea about law suit in first few posts (most likely you have another IV handle too).....
....
still wondering why you are so "famous"....
btw, I dont get why I am already 'infamous' :)
I am sure you are well aquinted with IV and EB process.
You proudly keep profile incomplete....
Post a "noval" idea about law suit in first few posts (most likely you have another IV handle too).....
....
still wondering why you are so "famous"....
alterego
10-20 01:07 PM
If they were honest, they would publish processing dates by country of chargability, since it is apparent to me that they are giving preference to EB2 ROW cases.
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naan
07-15 10:02 PM
http://www.youtube.com/watch?v=qP79UslTUr8
http://www.youtube.com/watch?v=ovhoH0ZW0No
MSNBC coverage of the July 2nd Fiasco.
http://www.youtube.com/watch?v=ovhoH0ZW0No
MSNBC coverage of the July 2nd Fiasco.
more...
handsome_man20740
04-22 02:25 AM
Folks,
go to the AILA site. and make this query as shown below. They have also started something similar and the idea as i expressed in my previous post is to contact congress about this problem. They also have a sample letter on this search.
http://www.aila.org/search/default.a...erm=green+card
Murthy.com is also doing something similar but folks we need a lof of people to come forward and kinda pester these senators and law makers, trying to impress the idea of contribution of foreigners.
http://www.murthy.com/news/n_morh1b.html
At least everyone can send an email to the senators.
Thanks
-H
go to the AILA site. and make this query as shown below. They have also started something similar and the idea as i expressed in my previous post is to contact congress about this problem. They also have a sample letter on this search.
http://www.aila.org/search/default.a...erm=green+card
Murthy.com is also doing something similar but folks we need a lof of people to come forward and kinda pester these senators and law makers, trying to impress the idea of contribution of foreigners.
http://www.murthy.com/news/n_morh1b.html
At least everyone can send an email to the senators.
Thanks
-H
latbsol
02-25 01:23 AM
I have been working with my current employer for the last 5 years in job title
A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with
one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial
experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.
For the purpose of EB2 labor for the new position, I need to show 1 year of
work experience.
Question: Would I be able to use/show the work experience I
gained when I was working in job title A with the same employer? i.e. Will I
be able to use on-the-job work experience that I gained before I was promoted
to the new position? Remember, the current job title B (for which EB2 labor is
being filed) and requirements are significantly different from the previous job
title A and requirements (which only qualified for a EB3). Have anyone got their
labor approved in EB2 with work experience from the same employer? Are there any
USCIS published documents that coult clarify this?
I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2
labor certification gets approved, could I re-capture my EB3 Priority Date? If so,
what is the exact procedure for doing that?
Is the attempt to process my labor in EB2 completely independent of my
existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing
EB3 approved labor and I-140?
Thanks much for your time in helping clarify this.
A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with
one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial
experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.
For the purpose of EB2 labor for the new position, I need to show 1 year of
work experience.
Question: Would I be able to use/show the work experience I
gained when I was working in job title A with the same employer? i.e. Will I
be able to use on-the-job work experience that I gained before I was promoted
to the new position? Remember, the current job title B (for which EB2 labor is
being filed) and requirements are significantly different from the previous job
title A and requirements (which only qualified for a EB3). Have anyone got their
labor approved in EB2 with work experience from the same employer? Are there any
USCIS published documents that coult clarify this?
I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2
labor certification gets approved, could I re-capture my EB3 Priority Date? If so,
what is the exact procedure for doing that?
Is the attempt to process my labor in EB2 completely independent of my
existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing
EB3 approved labor and I-140?
Thanks much for your time in helping clarify this.
more...
pappu
01-20 10:33 PM
IV is not giving any updates on the public forums at this time and risk our ongoing efforts. Do not quote some annonymous members on other forums or this forum to elicit a response from IV. Do not continue to start new threads asking for updates and asking core members for answers. You, an IV member is our answer and you yourself can also provide answer to all of us by helping us. It is our combined effort that will lead to a solution for all of us. IV core is working hard to make something happen but you all are our legs and support us. We would like to encourage members to actively participate in state chapters, and they can get to know our action plans by participating in them. We also want members to actively participate in funding drive and we will be communicating with such contributing members. This would encourage members to help IV to help everyone and themselves with their efforts. Till now merely 154 members have commited funds in the past 1 week. We can get thousands of opinions on forums on a given subject, but it is really hard to have a meagre $20 contribution from members. Without contributions we will be limited in our efforts. It is very critical for our success and to achive our common goal. IV will not survive without being able to fund our efforts and members can continue to debate on various provisons on forums without much hope for any relief. Hope you will appreciate this POV, understand the gravity of this issue and help all of us in the IV community wth the ongoing monthly contributions drive.
Thanks
Thanks
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SeanDell
05-29 01:40 PM
?....
more...
kondur_007
08-17 02:31 PM
Hi Everyone,
I'm trying to get my SSN Done. I'm on a dependent H4 Visa and have my H1 approval .
I visited the SSN office with My I797, State ID and Passport : SSN officer straightforwardly rejected as I dont have my EAD card.
The Officer asked me to visit USCIS office to apply for EAD.
Please help me with this situation..Does a H1 get an EAD and then a SSN?
Thanks N Regards,
Sushie
Sounds like someone at SSN office who may not know much about immigration.
If your I 797 came with attached I94, then you certainly can apply for SSN card. Just ask for supervisor at the SS office and talk to them.
If your I 797 does not have attached I 94 (meaning that you are still in H4 status), then I do not know for sure what the procedure would be to apply for SS card.
Good Luck.
I'm trying to get my SSN Done. I'm on a dependent H4 Visa and have my H1 approval .
I visited the SSN office with My I797, State ID and Passport : SSN officer straightforwardly rejected as I dont have my EAD card.
The Officer asked me to visit USCIS office to apply for EAD.
Please help me with this situation..Does a H1 get an EAD and then a SSN?
Thanks N Regards,
Sushie
Sounds like someone at SSN office who may not know much about immigration.
If your I 797 came with attached I94, then you certainly can apply for SSN card. Just ask for supervisor at the SS office and talk to them.
If your I 797 does not have attached I 94 (meaning that you are still in H4 status), then I do not know for sure what the procedure would be to apply for SS card.
Good Luck.
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pappu
08-14 04:10 PM
and you thought only BEC are the only ones messing up...
http://murthy.com/news/n_balapp.html
http://murthy.com/news/n_balapp.html
more...
immi_2006
10-19 03:04 PM
Are you talking about the Diwali Mela event on November 10th?
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sk.aggarwal
02-18 01:34 PM
Have you or your org. got any PW responses in 4-5 weeks?
Bump... please, if anyone got PW for greencard labor through the new process... how long it took??
Bump... please, if anyone got PW for greencard labor through the new process... how long it took??
more...
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kumar1
03-18 11:49 AM
I am EB3-India with PD July-2005. On 3/10/2009 USCIS issued an RFE. It is about job verification/continuation. USCIS wants my employer to verify that future job is still available.
My paralegal said and I quote, USCIS is issuing this kind of RFE on almost every case. Present economic situation might be the main reason behind it.
My paralegal said and I quote, USCIS is issuing this kind of RFE on almost every case. Present economic situation might be the main reason behind it.
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zimmy100
03-25 10:58 AM
TwinkleM ,
Why I said great mistake filing I 485 in EB3 COZ,
1) I have seen many people who has PD in 2006 has already received GC last year
2) I read one of the forum ( I guess it is Murthy forum), it was a little advise that if you have an opportunity go for HIGH, in my case EB2 and file I 485, if in case it get rejected or so then they are suggesting to file EB3.
3) History says after 2000 it self dates are current in 2 times one early 2000 and other one recently 2007. Look at the mass filing in 2007 and you can imagine same in early 2000.
I have been seeing EB3 at 2001 from past 3 years, all I see is May 2001 to Nov 2001 (of course it went up for small time)
And on different reply,
Attorney said she will file porting when I get a chance to file I 485 under EB2. In this economy I do not know how long I can stick to the employer.
Thanks,
Why I said great mistake filing I 485 in EB3 COZ,
1) I have seen many people who has PD in 2006 has already received GC last year
2) I read one of the forum ( I guess it is Murthy forum), it was a little advise that if you have an opportunity go for HIGH, in my case EB2 and file I 485, if in case it get rejected or so then they are suggesting to file EB3.
3) History says after 2000 it self dates are current in 2 times one early 2000 and other one recently 2007. Look at the mass filing in 2007 and you can imagine same in early 2000.
I have been seeing EB3 at 2001 from past 3 years, all I see is May 2001 to Nov 2001 (of course it went up for small time)
And on different reply,
Attorney said she will file porting when I get a chance to file I 485 under EB2. In this economy I do not know how long I can stick to the employer.
Thanks,
more...
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dsneyog
11-30 10:49 PM
Thank you. I have my package ready. I am thinking about including prepaid self addressed envelope so I can track the package. How do you do it? Just go to postoffice and get one from them? I always ship out packages using paypal and I was thinking about printing a shipping label for priority envelope. Not sure if I should do that.I have filed for and recieved AP twice so far. I have done both paper and e-filing and combinations. When I lawyer files, he e-files. When I do it - I paper file. I have done different combinations. First time, with 485 - lawyer filed both for me and wife. Next year, my company suddenly decided they dont want to pay the lawyer fee for the dependent AP/EAD - so I paper-filed for my wife while mine was e-filed. Next year - my company decided to pay for both and my lawyer did e-filed mine and paper-filed my wife's application (dont know why).
Based on my experience (which is pretty extensive on both modes of filing as explained above for both AP and EAD) - I will always perfer paper filing. It has always been faster, easier and less hassle for me.
It sounds counter-intuitive that paper-filing would be faster/easier than e-filing - but that is USCIS for you.
Based on my experience (which is pretty extensive on both modes of filing as explained above for both AP and EAD) - I will always perfer paper filing. It has always been faster, easier and less hassle for me.
It sounds counter-intuitive that paper-filing would be faster/easier than e-filing - but that is USCIS for you.
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vsrinir
06-12 03:30 PM
http://www.politico.com/blogs/bensmith/0609/White_House_postpones_immigration_meeting_again.ht ml
June 12, 2009
Categories: White House
White House postpones immigration meeting, again
The White House announced this spring it would be hosting a big meeting on immigration policy � a signal that Obama cares about the issue, and perhaps a chance to rub salt in open Republican wounds, if not a serious attempt to move immigration reform this year.
But the meeting was postponed from its original date, June 8, to June 17 � and now it's being postponed again, White House officials have told advocates, with no set date but hopes to do it later in the month. Officials, I'm told, are blaming the supplemental for the delays.
Ana Navarro, a Florida Republican activist who has been arguing that Republicans have a chance to seize the initiative from Obama on this issue and repair their image, e-mails, "Nobody knows when it is. Nobody knows who is going. Nobody knows what the agenda is."
"They are stringing along the immig[ation] advocates and Latino groups to whom Obama owes so much," she writes. "Latinos need to stand their ground, hold his feet to the fire and demand that he deliver on repeated promises to get this done within first year or call him out on it. This is a litmus test for Hispanics, and one which so far Obama is failing."
UPDATE: Frank Sharry of America's Voice, an administration ally, tells Gebe Martinez: "While we are disappointed that the meeting has been delayed, we are confident that immigration reform will move forward this fall. The President has promised to advance the issue many times, and we believe he is a man of his word."
By Ben Smith 01:00 PM
June 12, 2009
Categories: White House
White House postpones immigration meeting, again
The White House announced this spring it would be hosting a big meeting on immigration policy � a signal that Obama cares about the issue, and perhaps a chance to rub salt in open Republican wounds, if not a serious attempt to move immigration reform this year.
But the meeting was postponed from its original date, June 8, to June 17 � and now it's being postponed again, White House officials have told advocates, with no set date but hopes to do it later in the month. Officials, I'm told, are blaming the supplemental for the delays.
Ana Navarro, a Florida Republican activist who has been arguing that Republicans have a chance to seize the initiative from Obama on this issue and repair their image, e-mails, "Nobody knows when it is. Nobody knows who is going. Nobody knows what the agenda is."
"They are stringing along the immig[ation] advocates and Latino groups to whom Obama owes so much," she writes. "Latinos need to stand their ground, hold his feet to the fire and demand that he deliver on repeated promises to get this done within first year or call him out on it. This is a litmus test for Hispanics, and one which so far Obama is failing."
UPDATE: Frank Sharry of America's Voice, an administration ally, tells Gebe Martinez: "While we are disappointed that the meeting has been delayed, we are confident that immigration reform will move forward this fall. The President has promised to advance the issue many times, and we believe he is a man of his word."
By Ben Smith 01:00 PM
more...
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senthil1
04-08 02:15 AM
I think all the issue will be resolved if number 5 is done. No need for H1 extension, and even there is a in efficiency in USCIS you can get gc within 3 years if they double or triple EB quota. So no need to meet President just meet Congressmen and try pressing them to increase EB quota.
Can we get an appointment with the President and explain the problems faced by EB immigrants....
1. Travel restrictions (no travel during H1 extension etc..)
2. Driver license issues
3. Wasted Visa numbers
4. Inefficiency of USCIS
5. Need to increase EB quota
I know that law makers should make these changes, but President has a strong voice and if he hears our pathetic position, he may do something, just a hope :rolleyes:
Can we get an appointment with the President and explain the problems faced by EB immigrants....
1. Travel restrictions (no travel during H1 extension etc..)
2. Driver license issues
3. Wasted Visa numbers
4. Inefficiency of USCIS
5. Need to increase EB quota
I know that law makers should make these changes, but President has a strong voice and if he hears our pathetic position, he may do something, just a hope :rolleyes:
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vijayam
09-15 04:59 PM
Hi,
I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.
But my school said I cannot get my degree certificate till December 2006.
My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.
Please suggest.
Thank you,
Vijaya.
I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.
But my school said I cannot get my degree certificate till December 2006.
My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.
Please suggest.
Thank you,
Vijaya.
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desi chala usa
06-07 05:57 PM
The actual category determine at the stage of I-140 as you ask USCIS to consider the case as EB2 or EB3 but to ask the EB2 or EB3 at I-140 stage the job description as well educational requirements should be filled in labor such a way so you can support the EB2/EB3 at I-140 stage.
Hope this help.
Hope this help.
howzatt
11-05 09:07 AM
I have a notice date of Oct 1st but no EAD yet. Anybody else in similar situation? My application reached NSC on AUg 13th.
I have received FP notices on Oct 29th
I have received FP notices on Oct 29th
s416504
08-29 04:15 PM
Any one knows , How is my GREEN Light turned to RED ?? Ways to turn back green
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