Suvendra
01-11 01:53 PM
I am on EAD and using AC21 working for new employer.
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nsveta
04-22 04:57 PM
Though your intention is to help OP, there are certain things that need to be observed especially in this climate where there is lot of backlash against legal immigrants. We have to ensure that we do not provide any ammu to anti's with our comments.
For an employer to sponsor a foreign worker on H1B,
First of all, there needs to be a skilled worker position open and available in US and
2nd that there are no "qualified" US citizens are available to fill that position.
OP's post goes against both these conditions, Forget about the rest such as bad economy, survival etc.. as per law, Employer has to pack the H1B home if the position is knocked off with a flight ticket and a reasonable relocation.
No offense to any one but just calling for more caution as we have seen increased number of posts like these.
Thanks every one for your inputs. I been swinging on tis for a while now and after seeing your inputs, I made up my mind not to pursue this.
I am surprised this company is still doing what its doing considering USCIS scrutiny these days. Good to know that we are not supposed to pay for H-1 as prospective employees. And I def dont want to lose my 700 or 800USD for lawer in case the CAP reaches its limit in the next few days.
Thanks again.
For an employer to sponsor a foreign worker on H1B,
First of all, there needs to be a skilled worker position open and available in US and
2nd that there are no "qualified" US citizens are available to fill that position.
OP's post goes against both these conditions, Forget about the rest such as bad economy, survival etc.. as per law, Employer has to pack the H1B home if the position is knocked off with a flight ticket and a reasonable relocation.
No offense to any one but just calling for more caution as we have seen increased number of posts like these.
Thanks every one for your inputs. I been swinging on tis for a while now and after seeing your inputs, I made up my mind not to pursue this.
I am surprised this company is still doing what its doing considering USCIS scrutiny these days. Good to know that we are not supposed to pay for H-1 as prospective employees. And I def dont want to lose my 700 or 800USD for lawer in case the CAP reaches its limit in the next few days.
Thanks again.
saileshdude
05-21 11:13 PM
Saileshdude,
Can you eloborate more on this? My understanding is that once you use EAD, H1 is gone for good. And particularly How one can revert back to H1 if EAD is used to join different employer?
This I think comes from AC21 regulations as well as one of the AC21 memos that were released. It mentions that a person can get H1 beyond 6 years even though they are not maitaining the H status as long as they can prove that their GC is pending . This may include pending I-485. I think the memo says that person need not maintain H status to get extension beyond 6 years without being counted against quota.
I think the H1 can be filed but since you are on EAD, you will not get I-94. This means that you will need to go out and get the H1 stamped and re-enter to get back on H status.
Again, various attorneys differ on this too. So consult few good attorneys for this would be good idea.
Can you eloborate more on this? My understanding is that once you use EAD, H1 is gone for good. And particularly How one can revert back to H1 if EAD is used to join different employer?
This I think comes from AC21 regulations as well as one of the AC21 memos that were released. It mentions that a person can get H1 beyond 6 years even though they are not maitaining the H status as long as they can prove that their GC is pending . This may include pending I-485. I think the memo says that person need not maintain H status to get extension beyond 6 years without being counted against quota.
I think the H1 can be filed but since you are on EAD, you will not get I-94. This means that you will need to go out and get the H1 stamped and re-enter to get back on H status.
Again, various attorneys differ on this too. So consult few good attorneys for this would be good idea.
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gcseeker2002
02-20 04:21 PM
gcseeker2002,
Can you please provide the link.
http://www.flcdatacenter.com/CasePerm.aspx
You need to download the MDB files. In the pre-perm era files , the country of the alien was not listed which is new in the perm files.
Can you please provide the link.
http://www.flcdatacenter.com/CasePerm.aspx
You need to download the MDB files. In the pre-perm era files , the country of the alien was not listed which is new in the perm files.
more...
Refugee_New
10-13 04:04 PM
The very first time I went in formals (for my F1 visa). After that I've been to the consulate seven times, and its always been in jeans and t shirt. Next time I'm thinking of going Tarzan style. It will save me the security hassle and will serve as a good respite from the Chennai heat.
How about spiderman style? Undies outside
How about spiderman style? Undies outside
leoindiano
07-09 11:55 AM
Upgraded to premium processing on June 19th. No news so far....No update on uscis website whatsoever....
Anybody in same boaT?
Anybody in same boaT?
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snathan
04-15 06:32 PM
Hello,
You have no idea how I am desperate and will appreciate your help.
I basically get a 0 1 visa to work for a first employer. Then I get another job offer and leaved the first employer who revoked my initial visa.
The new employer was supposed to apply for a new visa for me but he never did it. He get debts problems and laid off half of the company including me.
My only visa has really been revoked so I really overstayed 7 months.
Today I got another job offer with a new sponsorship so I saw several attorneys and some of them said nothing was possible to do and some said it was maybe possible to fix the overstay.
Today I have to take a decision, go thought this new job offer and take the risk to never get the visa and then the job - or forget about it, leave the US right now and think about the USA in 3 years.
Please help me - what do you think I should do? Is it really impossible to get an overstay waiver with a new petitioner?
Thanks a lot for your advises
As you overstayed more than 180 days...you might be barred entering the US for 3-10 years. But there is no other option for you..
Good luck
You have no idea how I am desperate and will appreciate your help.
I basically get a 0 1 visa to work for a first employer. Then I get another job offer and leaved the first employer who revoked my initial visa.
The new employer was supposed to apply for a new visa for me but he never did it. He get debts problems and laid off half of the company including me.
My only visa has really been revoked so I really overstayed 7 months.
Today I got another job offer with a new sponsorship so I saw several attorneys and some of them said nothing was possible to do and some said it was maybe possible to fix the overstay.
Today I have to take a decision, go thought this new job offer and take the risk to never get the visa and then the job - or forget about it, leave the US right now and think about the USA in 3 years.
Please help me - what do you think I should do? Is it really impossible to get an overstay waiver with a new petitioner?
Thanks a lot for your advises
As you overstayed more than 180 days...you might be barred entering the US for 3-10 years. But there is no other option for you..
Good luck
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Pagal
03-18 07:40 AM
Hello,
My 2-cents:
1. Your EAD is for unrestricted employment till the AOS is resolved (so, it is not tied to your labor petition)
2. Your AP is a travel document to allow you to travel while AOS is pending (again, not tied to employment)
As such, for all legal purposes, you should be able to pursue education full time. However, any IO at entry post has authority to ask you questions beyond what is legally required, which many a times, includes 'are you still employed with the petitioner'.
This is the tricky part... if the IO has good knowledge of the laws, he would let you in 'cause your petition is for the future job, but a wrong IO can twist and turn the laws to suit his/her point of view and land you in unnecessary trouble.
However, in 99% of the cases, the trouble may mean a few more anxious hours at the port of entry and nothing more. Hope you are able to pursue your education, all the best! :)
My 2-cents:
1. Your EAD is for unrestricted employment till the AOS is resolved (so, it is not tied to your labor petition)
2. Your AP is a travel document to allow you to travel while AOS is pending (again, not tied to employment)
As such, for all legal purposes, you should be able to pursue education full time. However, any IO at entry post has authority to ask you questions beyond what is legally required, which many a times, includes 'are you still employed with the petitioner'.
This is the tricky part... if the IO has good knowledge of the laws, he would let you in 'cause your petition is for the future job, but a wrong IO can twist and turn the laws to suit his/her point of view and land you in unnecessary trouble.
However, in 99% of the cases, the trouble may mean a few more anxious hours at the port of entry and nothing more. Hope you are able to pursue your education, all the best! :)
more...
Ramba
01-23 06:51 PM
Sorry for little confusion.
What I mean was,
- I filed I-485 for me and my wife
- then after 180 days I switched to a new company with H1B transfer.
- So, I am still in H1B status.
- But my wife (secondary applicant) is using EAD based on I-485 and working.
Which means we used AC21 for portability of our I-140 and I-485 cases.
Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?
Normally if both have independent valid travel document, you are fine. It does not make any difference if primary use H1B and spouse use AP, but it may confuse the IO at POE, if they ask lot of questions, (who is your employer, Are you working for GC sponsering employer etc..)
IO at POE may not know all the rules regarding AC21/485/AP/H1 etc.. If you are entering in H1, the natural tendency that your spose will enter in H4. If you answer properly, you are fine..
What I mean was,
- I filed I-485 for me and my wife
- then after 180 days I switched to a new company with H1B transfer.
- So, I am still in H1B status.
- But my wife (secondary applicant) is using EAD based on I-485 and working.
Which means we used AC21 for portability of our I-140 and I-485 cases.
Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?
Normally if both have independent valid travel document, you are fine. It does not make any difference if primary use H1B and spouse use AP, but it may confuse the IO at POE, if they ask lot of questions, (who is your employer, Are you working for GC sponsering employer etc..)
IO at POE may not know all the rules regarding AC21/485/AP/H1 etc.. If you are entering in H1, the natural tendency that your spose will enter in H4. If you answer properly, you are fine..
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poorslumdog
09-04 12:36 PM
One redart is giving the comment 'Do you need to perpatuate the Ridiculousness'...Question to you. Tell me the difference between these poor souls and YSR's death. Dont you agree all life has same value. Come one man you can do better. Tomorrow I will post all the dead people names with state, city break up. Let us all pray for them.
more...
ashkam
07-27 03:18 PM
I have a question, my attorney says that he has filed the application on 2nd July without my signature.
I have not given any authorization also.
I am worried if it is valid or not.
I don't know if they take authorization from my employer or it should be from me.
Please suggest.
Sorry to have to say this but they will probably reject your application. Signature is the most important thing they look for in any application.
I have not given any authorization also.
I am worried if it is valid or not.
I don't know if they take authorization from my employer or it should be from me.
Please suggest.
Sorry to have to say this but they will probably reject your application. Signature is the most important thing they look for in any application.
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perm2gc
08-28 10:34 AM
Guys i think we had enough discussion on it in the other thread..Admins can you please close the thread..
Some members are making personal remaks and i hope that admins will take care of them...
We all here for debating what is wrong and what is right for our cause ..Please dont disgrade yourself
Some members are making personal remaks and i hope that admins will take care of them...
We all here for debating what is wrong and what is right for our cause ..Please dont disgrade yourself
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a.j.2048
09-05 12:34 AM
Are people being bumped off now either for protection or revenge? Doesn't make sense that so many would die out of grief.
Why isn't AP under curfew when so many are dying?
Why isn't AP under curfew when so many are dying?
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jonty_11
01-22 12:01 PM
Thank you JAPS19 - This Helps - Thank you.
I dont have H1B for the new company, just employment letter and pay stubs.
Can you please advise why you were sent to downtown? for what verification?
Which airport was your port of entry?
I dont have a lawyer anymore as I got laid off from the sponsoring company and working on a new company with EAD.
Guys, take it easy, if they deport you from the port of entry the world will not come crashing down....Always keep your head up high and walk upright....we are more educated and learned than most of the folks around the world...so why be afraid....Just be honest and tell the truth...and let time take its course...NO FEAR and HONESTY should be our motto in these times of trial!!!!
I dont have H1B for the new company, just employment letter and pay stubs.
Can you please advise why you were sent to downtown? for what verification?
Which airport was your port of entry?
I dont have a lawyer anymore as I got laid off from the sponsoring company and working on a new company with EAD.
Guys, take it easy, if they deport you from the port of entry the world will not come crashing down....Always keep your head up high and walk upright....we are more educated and learned than most of the folks around the world...so why be afraid....Just be honest and tell the truth...and let time take its course...NO FEAR and HONESTY should be our motto in these times of trial!!!!
more...
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harryom
01-18 01:01 PM
No actually its seems different from the receipt numbers which usually starts with SRC-xxxxxxxxxx
This one seems different like : PIT-xxxxxxxxxxTSC
It doesn't seems to work anywhere.
try entering that number here
https://egov.uscis.gov/cris/caseStatusSearchDisplay.do
BUT, I am assuming she gave u the Receipt number for online tracking, which you may already have from ur receipt notice...DOES it start with SRC or LIN?
This one seems different like : PIT-xxxxxxxxxxTSC
It doesn't seems to work anywhere.
try entering that number here
https://egov.uscis.gov/cris/caseStatusSearchDisplay.do
BUT, I am assuming she gave u the Receipt number for online tracking, which you may already have from ur receipt notice...DOES it start with SRC or LIN?
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CrazyBoys
01-31 11:50 PM
Normally VISA bulletine gets advertised atleast 15-20 days before date becomes current. You can apply for your wife's I-485 during that time (Mostly from 1st day of the month). I don't know there is any grace period after I-485 is approved. It is better to file for I-485 as soon as date gets current to avoid any risk.
more...
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good idea
09-13 07:59 PM
Common guys we need to make some thing better for EB3 folks.
I can feel optimism in your message but the reality is only (better) change (from candidate prospective) in rules can make things better...
I can feel optimism in your message but the reality is only (better) change (from candidate prospective) in rules can make things better...
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bkarnik
08-24 05:05 PM
Quick point:
I would request members to please post their threads under the proper forum header. The issue raised by this thread has nothing to do with IV Agenda or Legislative issues.
Thanks,
BKarnik
I would request members to please post their threads under the proper forum header. The issue raised by this thread has nothing to do with IV Agenda or Legislative issues.
Thanks,
BKarnik
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kminkeller
03-09 01:51 PM
Thanks va_dude.
I completely understand that EB2 and EB3 are determined by the job requirements. I know the current job that I am going to do requires 5 years of experience and a Bachelor or Master degree. that is why I am convincing my new employer for help which they agreed to.
I can imagine that i need to do all the labor and I140 as well. But can I apply for Labor without having an H1? as I have mentioned that my H1 had been voided after getting laidoff from my first company and am working on my EAD. Is it a good idea to switch EB3 to EB2 at this point? I have an set up an appointment with a lawyer this Monday. Thanks for the advice.
I completely understand that EB2 and EB3 are determined by the job requirements. I know the current job that I am going to do requires 5 years of experience and a Bachelor or Master degree. that is why I am convincing my new employer for help which they agreed to.
I can imagine that i need to do all the labor and I140 as well. But can I apply for Labor without having an H1? as I have mentioned that my H1 had been voided after getting laidoff from my first company and am working on my EAD. Is it a good idea to switch EB3 to EB2 at this point? I have an set up an appointment with a lawyer this Monday. Thanks for the advice.
bsbawa10
09-02 11:39 AM
lol..
I think we all shud send our customer service experiences to USCIS and DHS leadership..we need to make a note of Agent IDs in the beginning..
atleast then they will feel a pinch to improve customer service (didnt they say that this is also one of the reason for fee hikes last year?/ ) :D:D
I think right now the customer service/info pass people are just saying whatever comes to their mouth at that point of time or what they can see on their monitors. They do not research into the case at all. To me that is not customer service at all. Rather it is a disservice in the sense that I got nothing but confusions from them. I still do not know where my case is right now in CSC or TSC. I got three different answers to the same question. The interesting thing is that on talking to the customer service (who said my case is still in CSC), I argued and said that CSC says that it is back in TSC, the reply was, "so it must be in TSC ". In other words, she repeated my own words.
I think we all shud send our customer service experiences to USCIS and DHS leadership..we need to make a note of Agent IDs in the beginning..
atleast then they will feel a pinch to improve customer service (didnt they say that this is also one of the reason for fee hikes last year?/ ) :D:D
I think right now the customer service/info pass people are just saying whatever comes to their mouth at that point of time or what they can see on their monitors. They do not research into the case at all. To me that is not customer service at all. Rather it is a disservice in the sense that I got nothing but confusions from them. I still do not know where my case is right now in CSC or TSC. I got three different answers to the same question. The interesting thing is that on talking to the customer service (who said my case is still in CSC), I argued and said that CSC says that it is back in TSC, the reply was, "so it must be in TSC ". In other words, she repeated my own words.
GooblyWoobly
07-18 06:25 PM
Wrong! Yes, you will be the new fee but then you will pay the same fee each year you renew your EAD. No fee payment only applies if you file your I-485 with the new fee structure.
If you are not planning on using EAD and she won't either then she needs to change status to H4.
Can someone else confirm this too? For Q2, I think you are wrong. Take this case....
Primary is on H1, derivative on H4, both apply for AOS, primary goes on EAD (thus invalidating H1, and in turn spouse's H4). So, the spouse just has AOS receipt number, and no H4. Is she out of status? Of course not. This is a very common scenario.
Also, for Q1, I765 is a completely different entity in the pay schedule http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
So, why wouldn't I get the benefit of the higher fee if I pay that? Any source of information for you to say I will have to pay each year?
If you are not planning on using EAD and she won't either then she needs to change status to H4.
Can someone else confirm this too? For Q2, I think you are wrong. Take this case....
Primary is on H1, derivative on H4, both apply for AOS, primary goes on EAD (thus invalidating H1, and in turn spouse's H4). So, the spouse just has AOS receipt number, and no H4. Is she out of status? Of course not. This is a very common scenario.
Also, for Q1, I765 is a completely different entity in the pay schedule http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
So, why wouldn't I get the benefit of the higher fee if I pay that? Any source of information for you to say I will have to pay each year?
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