texcan
10-24 04:30 PM
yes, really I missed that oppurtunity by 7 days. my only question is
Can she stay here until I94 expires? or for 180 days?
Thanks
talk to a lawyer, or check forums...if you were too close in approval/marriage dates there will be some way to clear this up.
First try to get her here on H4 and then chase her GC application.
Afterall, marriage is important
Can she stay here until I94 expires? or for 180 days?
Thanks
talk to a lawyer, or check forums...if you were too close in approval/marriage dates there will be some way to clear this up.
First try to get her here on H4 and then chase her GC application.
Afterall, marriage is important
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bec
11-08 02:22 PM
and maybe, get a few more puppies for the kids..nice idea. completely support it.
desi3933
08-06 12:53 PM
I have 3 years degree (15 year education). I am not sure if I can file on EB2.
You have filed on EB3 & planning to file on EB2; could you please share the logic for this & why are you waiting end of 2008, please share the reason, so if needed I can also plan something like you.
Thanks,
Sanjeev
No, you can not. As one must have a single degree that is the "foreign equivalent degree" to a United States baccalaureate degree
Please refer to similar case
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf
_____________________________
US Permanent Resident since 2002
You have filed on EB3 & planning to file on EB2; could you please share the logic for this & why are you waiting end of 2008, please share the reason, so if needed I can also plan something like you.
Thanks,
Sanjeev
No, you can not. As one must have a single degree that is the "foreign equivalent degree" to a United States baccalaureate degree
Please refer to similar case
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf
_____________________________
US Permanent Resident since 2002
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mantagon
07-22 04:22 PM
The attorney and Roseball are correct - maintaining H4 status and working on EAD are mutually exclusive!
Your options are:
(1) Do not extend your H1. Contiinue working on EAD. Your status will be AOS.
(2) Convince your employer that if you don't extend the H1, then in the event that your I-485 is denied for some reason in the future, then you will be immidiately out of status and cannot work thereafter.
Hope this helps!
I am currently on H1b visa and have filed I-485 as primary. My spouse is also on H1B and is derivative. We both have EAD's but are still maintaining H1B status.
My employer is reluctant to file H1B extension as there are lots of RFE's and client/vendor letter requirements and paper work he does not want to do.
He has asked me to change my status to H4 and work on EAD.
Can I work on EAD without filing H1B-H4.
or
After the new memo regarding unlawful status, it is better to file H1 to H4 and continue working on EAD for my employer.
Will this affect anyhow on my chances of approval of my AOS?
Appreciate your response.
Your options are:
(1) Do not extend your H1. Contiinue working on EAD. Your status will be AOS.
(2) Convince your employer that if you don't extend the H1, then in the event that your I-485 is denied for some reason in the future, then you will be immidiately out of status and cannot work thereafter.
Hope this helps!
I am currently on H1b visa and have filed I-485 as primary. My spouse is also on H1B and is derivative. We both have EAD's but are still maintaining H1B status.
My employer is reluctant to file H1B extension as there are lots of RFE's and client/vendor letter requirements and paper work he does not want to do.
He has asked me to change my status to H4 and work on EAD.
Can I work on EAD without filing H1B-H4.
or
After the new memo regarding unlawful status, it is better to file H1 to H4 and continue working on EAD for my employer.
Will this affect anyhow on my chances of approval of my AOS?
Appreciate your response.
more...
vxb2004
05-31 05:53 PM
Hi,
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
tpcool,
Given the fact that ur I-140 is not approved yet, I would wait till the approval before considering any job change.
Good luck.
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
tpcool,
Given the fact that ur I-140 is not approved yet, I would wait till the approval before considering any job change.
Good luck.
Sunx_2004
10-05 03:17 PM
Any one have any more info. on this type of case, Please share.
In my opinion you should be OK.
I think since you have filed I-485 you are in adjustee status so you need not even be working for the company that filed your GC.
Since your co. got acquired the new co. will have to do a H1 transfer and if USCIS raises any RFE regarding your I-485 app then the new co. can respond on behalf of the old co. with a letter saying that they have acquired the original filer co.
If you get called for an interview at the time of GC approval then again you can take a letter of job offer from the new co. along with the letter of acquisition and you should be OK.
In my opinion you should be OK.
I think since you have filed I-485 you are in adjustee status so you need not even be working for the company that filed your GC.
Since your co. got acquired the new co. will have to do a H1 transfer and if USCIS raises any RFE regarding your I-485 app then the new co. can respond on behalf of the old co. with a letter saying that they have acquired the original filer co.
If you get called for an interview at the time of GC approval then again you can take a letter of job offer from the new co. along with the letter of acquisition and you should be OK.
more...
kaisersose
07-28 09:52 AM
I came to USA on L1A through company A in February,2008 and working on L1 A till date.My I-94 is valid till feb,2011.
I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.
Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
I need to get visa stamped only if I goto India and to come back USA.
Can I work directly on my H1B petition with out stamping visa?
Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.
Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?
It depends on the type of H-1 approval you have.
1. If it was applied as COS, then it will have an I-94 attached to it. This means on Oct 01, your status will change from L to H and you can no longer work for your L employer.
2. If it was approved as "visa to be issued abroad", then it is not valid until you get a H visa stamped at some Consulate.
I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.
Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
I need to get visa stamped only if I goto India and to come back USA.
Can I work directly on my H1B petition with out stamping visa?
Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.
Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?
It depends on the type of H-1 approval you have.
1. If it was applied as COS, then it will have an I-94 attached to it. This means on Oct 01, your status will change from L to H and you can no longer work for your L employer.
2. If it was approved as "visa to be issued abroad", then it is not valid until you get a H visa stamped at some Consulate.
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EndlessWait
01-15 11:53 AM
lol.. i love this capitalistic society...
more...
divs09
06-19 12:55 AM
Hello All,
I am contacting you regarding an Inquiry of
" H1B Approved without I-94 and to appeal for I-290B.
I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.
Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
So i don't fall under New H1 Quota, i.e H1CAP
keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.
On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.
On May 21st 2009, i received a letter from USCIS
saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.
Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\
Please advice me what should i do.
If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.
Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
Third Query is should i apply for a new H1 and continue working.
Please advice me on this issue.
Hoping to hear from you Soon.
Thanks a lot for your help,
I am contacting you regarding an Inquiry of
" H1B Approved without I-94 and to appeal for I-290B.
I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.
Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
So i don't fall under New H1 Quota, i.e H1CAP
keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.
On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.
On May 21st 2009, i received a letter from USCIS
saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.
Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\
Please advice me what should i do.
If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.
Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
Third Query is should i apply for a new H1 and continue working.
Please advice me on this issue.
Hoping to hear from you Soon.
Thanks a lot for your help,
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fall1998
05-12 04:19 PM
Those users who are pending are not PWMB and they had applied earlier, is that right?i
more...
viswanadh73
01-03 02:53 PM
hi i have a question here:
suppose some x's labour PD date is 2004 August and some Y's PD date is 2006.
Y Applied I-485 on July2nd 2007 and X applied on Aug10th 2007.
so whose application processed first? is x's or Y's for final GC process.
thanks for your answers.
suppose some x's labour PD date is 2004 August and some Y's PD date is 2006.
Y Applied I-485 on July2nd 2007 and X applied on Aug10th 2007.
so whose application processed first? is x's or Y's for final GC process.
thanks for your answers.
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gcseeker2002
11-12 02:54 PM
http://mexico.usembassy.gov/eng/evisas_third_country.html
It is only for those people who are changing visa types, not for renewal stampings.
It is only for those people who are changing visa types, not for renewal stampings.
more...
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msyedy
01-08 03:18 PM
You say it is 50-50.
As per the cases that I have seen, it is 90(-ve) & 10(+ve).
My brother and many of his friends have been refused. The age of the doctors matters a lot. Young ones no chance.
Good luck
As per the cases that I have seen, it is 90(-ve) & 10(+ve).
My brother and many of his friends have been refused. The age of the doctors matters a lot. Young ones no chance.
Good luck
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up_guy
08-10 11:13 PM
I am looking for recommendations from fellow forum members to choose a right service for my education evaluation. I need to get my Indian engineering degree evaluated (course by course) for an application in MBA school. I know about WES, but they are asking attested copies from university and registrar..
I thought some one might know some agency that can give evaluation based on original or copies without having to go through in India.
Appreciate feedback..
I thought some one might know some agency that can give evaluation based on original or copies without having to go through in India.
Appreciate feedback..
more...
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GC_LOOKIN
09-12 12:56 PM
Just heard this from my friend. His case is exactly the same (I140-NSC approved, July 2nd 9:01 R.Mickels filer). His got transferred to Texas and got receipts last week. No EAD's yet. Got receipt for FP date today.
Guys, Please update if you hear more of similar cases.
this sounds encouraging:) hopefully we will get receipts soon
Guys, Please update if you hear more of similar cases.
this sounds encouraging:) hopefully we will get receipts soon
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baburob2
03-17 12:58 PM
kudos to all the members in the IV team. Within 3 months a massive effort as this should definetely reap rewards in the near future. My heartfelt thanks to everyone. Special thanks to the IV core team to pull this through.
more...
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jonty_11
05-05 05:57 PM
I think this kind of question can be best answered by USCIS.....
So when u call next ask this...
So when u call next ask this...
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kirupa
11-09 02:55 AM
Ah thanks for that reminder. I somehow completely skipped over both of them!
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pxu7728
07-20 07:32 PM
cut paste from website : murthy
http://www.murthy.com/news/n_intead.html
Interim EAD Procedure
Posted Feb 23, 2007
�MurthyDotCom
The Vermont Service Center (VSC) has advised that they have instituted a new procedure for issuing interim Employment Authorization Documents (EADs). These are appropriate in situations where the EAD request has been pending for at least 90 days. The expected termination of interim EADs at local USCIS offices was reported in our June 30, 2006 MurthyBulletin article, June 2006 Conference Update: Interim EADs to End, available on MurthyDotCom.
�MurthyDotCom
The new procedure requires that an individual go to the local USCIS office to make the interim EAD request. The local office then will contact the VSC. The VSC will review the file and try to adjudicate the initial EAD application and avoid the need for an interim EAD. If they cannot complete the initial application, however, they can issue an interim EAD.
�MurthyDotCom
The interim EAD will not be issued if there are "national security issues." Therefore, if the case is held up due to security concerns, there may be instances where the interim EAD is not given. Whether or not it is issued depends upon the severity of the security matter.
�MurthyDotCom
This procedure will help some people with delayed EADs. MurthyDotCom and MurthyBulletin readers who will be renewing their EADs should not wait until they are close to their expiration dates to request new ones. We recommend filing four months in advance to avoid a lapse in employment authorization.
http://www.murthy.com/news/n_intead.html
Interim EAD Procedure
Posted Feb 23, 2007
�MurthyDotCom
The Vermont Service Center (VSC) has advised that they have instituted a new procedure for issuing interim Employment Authorization Documents (EADs). These are appropriate in situations where the EAD request has been pending for at least 90 days. The expected termination of interim EADs at local USCIS offices was reported in our June 30, 2006 MurthyBulletin article, June 2006 Conference Update: Interim EADs to End, available on MurthyDotCom.
�MurthyDotCom
The new procedure requires that an individual go to the local USCIS office to make the interim EAD request. The local office then will contact the VSC. The VSC will review the file and try to adjudicate the initial EAD application and avoid the need for an interim EAD. If they cannot complete the initial application, however, they can issue an interim EAD.
�MurthyDotCom
The interim EAD will not be issued if there are "national security issues." Therefore, if the case is held up due to security concerns, there may be instances where the interim EAD is not given. Whether or not it is issued depends upon the severity of the security matter.
�MurthyDotCom
This procedure will help some people with delayed EADs. MurthyDotCom and MurthyBulletin readers who will be renewing their EADs should not wait until they are close to their expiration dates to request new ones. We recommend filing four months in advance to avoid a lapse in employment authorization.
centrum
09-27 04:36 PM
Important Visa and Immigration Documents (http://www.upenn.edu/oip/iss/visa/documents.html)
Is the statement under passport true? I still shouldn't have any problem right?
Is the statement under passport true? I still shouldn't have any problem right?
optimystic
09-10 03:12 PM
Most of you know about rear view mirror fuzzy dice cubes
I believe they can be customized too. for eg:
http://www.mascotfactory.com/store/Fuzzy-Dice.php?gclid=COaS8Kbv0ZUCFQJNagod3Gl7hg
I was wondering , if instead of a flowers campaign or bath tub stoppers and other ideas, how about if we send customized fuzzy dice cubes to uscis, which they can hang in their cars and see our message 'in their face' all the time. Hopefully after seeing the messages day after day our point gets driven home into their heads.
I was thinking we should have the faces of the dice cubes custom marked with the following 'F' motto messages
'Fair'
'Fast'
'Forward'
'Flexible'
'Fix'
'Flawless'
And send the following open letter to accompany the fuzzy cubes (May be even take full/half page ads out in newspapers, newsletters etc). I just put some ideas I had. The gurus can always add more to this.
Dear USCIS,
Please accept our token gift. We hope you would adopt the following traits as your motto.
'Fair'
- Be Fair
- Follow the FIFO order of priority dates.
- You have already set a prioritization order in place. Its the Priority Dates. We dont need another confusing set of priorities such as receipt dates/notice dates, processing dates that swing back and forth worse than a pendulum etc.
- How is it fair that you prioritize a PD 2006 over a PD 2001 case, just because the former's I-485 application was received few weeks earlier than the latter?
'Fast'
- Be Fast
- Most of us in the legal highly skilled immigrant community have been waiting for our GCs for an average of more than 5-6 years. Give us some relief
- Dont pull us from one backlog (labor approvals) only to dump us into another (I-485 Processing backlog)
- Follow your own rules regarding namecheck clearances and automatic eligibility of I-485 for approval if pending more than 180 days.
'Forward'
- Make forward progress
- EB3 I PDs haven't moved even few months in past several years
- EB2 I/C PDs are swinging like a pendulum
- Nobody understands how come processing dates at a service center can retrogress if files are opened in proper FIFO order
'Flexible'
- Be flexible
- Allow us to use AP as a regular travel document
- Recapture wasted visas
- Allow to file I-485 irrespective of PD being current
- Clarify AC 21 scenarios
- Make provisions to capture and count our waiting times in the GC process towards naturalization requirements. Most of us have been in US for 8-10 years average. How much longer do you need to naturalize us ??
' Fix'
- Fix the broken processes at USCIS
- Increase resources at the service centers
- Improve the customer service over telephone
- Be courteous to your customers
'Flawless'
- Provide flawless service.
- The highly skilled legal immigrant community deserves it. We pay millions of dollars in application fees to your orgnization and billions in tax dollars and Soc. Sec contributions to the US govt.
- Make online status updates more transparent.
- Provide more transparency around the processing dates, Visa number assignments, PDs, etc
We would have sent you nintendo game cubes instead of the fuzzy dice cubes. But alas, we are afraid we can't afford to risk any further drop in efficiency at your organization than the levels that it already is at.
Sincerely
Your customers
I believe they can be customized too. for eg:
http://www.mascotfactory.com/store/Fuzzy-Dice.php?gclid=COaS8Kbv0ZUCFQJNagod3Gl7hg
I was wondering , if instead of a flowers campaign or bath tub stoppers and other ideas, how about if we send customized fuzzy dice cubes to uscis, which they can hang in their cars and see our message 'in their face' all the time. Hopefully after seeing the messages day after day our point gets driven home into their heads.
I was thinking we should have the faces of the dice cubes custom marked with the following 'F' motto messages
'Fair'
'Fast'
'Forward'
'Flexible'
'Fix'
'Flawless'
And send the following open letter to accompany the fuzzy cubes (May be even take full/half page ads out in newspapers, newsletters etc). I just put some ideas I had. The gurus can always add more to this.
Dear USCIS,
Please accept our token gift. We hope you would adopt the following traits as your motto.
'Fair'
- Be Fair
- Follow the FIFO order of priority dates.
- You have already set a prioritization order in place. Its the Priority Dates. We dont need another confusing set of priorities such as receipt dates/notice dates, processing dates that swing back and forth worse than a pendulum etc.
- How is it fair that you prioritize a PD 2006 over a PD 2001 case, just because the former's I-485 application was received few weeks earlier than the latter?
'Fast'
- Be Fast
- Most of us in the legal highly skilled immigrant community have been waiting for our GCs for an average of more than 5-6 years. Give us some relief
- Dont pull us from one backlog (labor approvals) only to dump us into another (I-485 Processing backlog)
- Follow your own rules regarding namecheck clearances and automatic eligibility of I-485 for approval if pending more than 180 days.
'Forward'
- Make forward progress
- EB3 I PDs haven't moved even few months in past several years
- EB2 I/C PDs are swinging like a pendulum
- Nobody understands how come processing dates at a service center can retrogress if files are opened in proper FIFO order
'Flexible'
- Be flexible
- Allow us to use AP as a regular travel document
- Recapture wasted visas
- Allow to file I-485 irrespective of PD being current
- Clarify AC 21 scenarios
- Make provisions to capture and count our waiting times in the GC process towards naturalization requirements. Most of us have been in US for 8-10 years average. How much longer do you need to naturalize us ??
' Fix'
- Fix the broken processes at USCIS
- Increase resources at the service centers
- Improve the customer service over telephone
- Be courteous to your customers
'Flawless'
- Provide flawless service.
- The highly skilled legal immigrant community deserves it. We pay millions of dollars in application fees to your orgnization and billions in tax dollars and Soc. Sec contributions to the US govt.
- Make online status updates more transparent.
- Provide more transparency around the processing dates, Visa number assignments, PDs, etc
We would have sent you nintendo game cubes instead of the fuzzy dice cubes. But alas, we are afraid we can't afford to risk any further drop in efficiency at your organization than the levels that it already is at.
Sincerely
Your customers
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