anandrajesh
02-06 10:35 PM
How (when) do you decide that you will take EAD or stay on H1B? Can you change your mind or it is a one time decision?
Do you have to mantain status (pay checks) on EAD? I understand you need to mantain status on H1B?
Sorry I am a moron.
It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.
No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.
Do you have to mantain status (pay checks) on EAD? I understand you need to mantain status on H1B?
Sorry I am a moron.
It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.
No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.
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krishnam70
08-27 06:01 PM
Krishnam70, they require police certificates for any country where you lived in the last 10 (not 5!) years. Also, fingerprints must be sent to FBI to get "certified", and that can take 10-12 weeks nowadays.
NEVER bother the consulate with questions regarding your application status. Give it at least a year since they accept your documents. If you can't wait for so long, google "CAIPS notes" and use this process to get info about your application. However, if you have specific questions regarding your application/situation, the consulate will respond within 1-2 business days. Just make sure to include your file number (you'll be provided with it upon acceptance of your documents) at the top of each email message or response. I notified the consulate about my FBI fingerprints delay and asked some questions specific to my case. When I reviewed my CAIPS notes, I found out that they keep track of all communication, including email.
I'm almost done with my Canadian PR process and moving with my family to Calgary in October.
I am from india and a Canadian PR holder who has done successful landing. I did not provide a police certificate from India. I had lived in the US 4 years before I applied for Canadian PR .If you are applying from the US they do not require you to provide the PC certificate I think. May be you are correct about FBI verification, it used to take 3 weeks to get the fingerprints certified from FBI ( As i said the instructions are on the form so did not elaborate further on that). No phone correspondence with consulate is encouraged/possible during the wait time, all inquiries need to made using the fax/regular mail quoting your file number for reference and yoy will get response. CAIPS is a good way to see the progress but i guess u still need to wait 52 weeks either way to get started.
cheers
NEVER bother the consulate with questions regarding your application status. Give it at least a year since they accept your documents. If you can't wait for so long, google "CAIPS notes" and use this process to get info about your application. However, if you have specific questions regarding your application/situation, the consulate will respond within 1-2 business days. Just make sure to include your file number (you'll be provided with it upon acceptance of your documents) at the top of each email message or response. I notified the consulate about my FBI fingerprints delay and asked some questions specific to my case. When I reviewed my CAIPS notes, I found out that they keep track of all communication, including email.
I'm almost done with my Canadian PR process and moving with my family to Calgary in October.
I am from india and a Canadian PR holder who has done successful landing. I did not provide a police certificate from India. I had lived in the US 4 years before I applied for Canadian PR .If you are applying from the US they do not require you to provide the PC certificate I think. May be you are correct about FBI verification, it used to take 3 weeks to get the fingerprints certified from FBI ( As i said the instructions are on the form so did not elaborate further on that). No phone correspondence with consulate is encouraged/possible during the wait time, all inquiries need to made using the fax/regular mail quoting your file number for reference and yoy will get response. CAIPS is a good way to see the progress but i guess u still need to wait 52 weeks either way to get started.
cheers
immuser
11-01 06:26 PM
I have seen many discussions were people talk about going to Canada, UK etc.
It is good to know what your options are other than US.
It is good to know what your options are other than US.
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ajju
08-29 11:27 PM
Par: Parolee
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reshma
01-09 08:50 PM
I am planning to sponsor visitors visa for my parents and and based on the available documentation I need to submit my birth certificate as part of the required docs.
My parents name in the their passport is not exactly the same as in my birth certificate. The last name is good and the issue is with the first and middle names not being exactly the same. Will this be an issue when they go for VISA. Should I get the names corrected in my parents passport before applying for VISA.
If we need to correct the names in the passport in India, does anyone have an idea of the process and how long it might take.
Any advice/help is greatly appreciated.
hi
My situation is some what like you. In my father passport for place of birth one letter was missed. My father from his birth time onwards he is staying in that place. so present address and permanent address both are that village only.
Is it needed to correct that missing letter of village name for the place of birth in passport ? i am planning to apply for visitor visa for them soon. Does anyone have any idea about this process of corrrection in india and how long it might take.
If not needed while filling the forms for palce of birth how i have to mention like same in passport or the correct name of village ? If i need to mention the addresses like present or permanent how i have to mention the village name please reply so that i can do that.
Thank you in advance
My parents name in the their passport is not exactly the same as in my birth certificate. The last name is good and the issue is with the first and middle names not being exactly the same. Will this be an issue when they go for VISA. Should I get the names corrected in my parents passport before applying for VISA.
If we need to correct the names in the passport in India, does anyone have an idea of the process and how long it might take.
Any advice/help is greatly appreciated.
hi
My situation is some what like you. In my father passport for place of birth one letter was missed. My father from his birth time onwards he is staying in that place. so present address and permanent address both are that village only.
Is it needed to correct that missing letter of village name for the place of birth in passport ? i am planning to apply for visitor visa for them soon. Does anyone have any idea about this process of corrrection in india and how long it might take.
If not needed while filling the forms for palce of birth how i have to mention like same in passport or the correct name of village ? If i need to mention the addresses like present or permanent how i have to mention the village name please reply so that i can do that.
Thank you in advance
chansek
07-21 11:38 PM
Hi,
can we send Personnel check for I-485, EAD and Advance Parole filing fees.
Thank you.
chansek
can we send Personnel check for I-485, EAD and Advance Parole filing fees.
Thank you.
chansek
more...
AB1275
12-17 12:42 PM
I had posted my query on another thread but thought of creating a new one with all the updates.
My priority date is Feb 26, 2008 and I-140 mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.
My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.
She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.
My question to you all are:
1. Are these my only option to make sure I can renew my H1 after the 6th
year?
2. How long does an appeal take to respond?
3. Is appeal my only way out? Can I request for a
Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
Jan 2009?
4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
will that be a problem?
5. At what stage of the green card process should I be in to be eligible for
my H1 to be extended after my 6th year?
6. Any other issues that might come up?
Thanks!
My priority date is Feb 26, 2008 and I-140 mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.
My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.
She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.
My question to you all are:
1. Are these my only option to make sure I can renew my H1 after the 6th
year?
2. How long does an appeal take to respond?
3. Is appeal my only way out? Can I request for a
Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
Jan 2009?
4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
will that be a problem?
5. At what stage of the green card process should I be in to be eligible for
my H1 to be extended after my 6th year?
6. Any other issues that might come up?
Thanks!
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ras
10-13 09:09 PM
All 3 - checks cashed on Oct 11. I got the reciept no.s on the back of the checks. When can I expect to recieve the notices? I am planning travel by the end of this month. Is that OK to travel with just the reciept no's or do I need to have the reciept notices with me. Also I have a valid H1 visa till 2009. Advice greatly appreciated.
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sledge_hammer
02-18 12:08 PM
If the question is whether AC21 can be used or not, then the answer is YES. If the question is whether it is legal or not, then the answer is illegal. If the applicant never had the intention to work for the company that filed for GC, then it is fraud.
Besides, with VSG Inc. in such a big mess, who knows what USCIS is going to decide about these cases!
Incorrect.
As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
______________________
Not a legal advice.
US citizen of Indian origin
Besides, with VSG Inc. in such a big mess, who knows what USCIS is going to decide about these cases!
Incorrect.
As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
______________________
Not a legal advice.
US citizen of Indian origin
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augustus
07-17 05:57 PM
I am overjoyed to the extent of tearing up!! I cannot thank IV and all the people who have made an effort at turning this table.
How must I thank you all? Really I mean it from the bottom of my heart, You guys have done such an incredible job!!! When there was no hope, you have made me believe in one thing for sure - Where there is will, there is a way.
Thank you!!!!! You have made many people happy and I am sure everyone is blessing this team and all the people who have worked for it so hard.
Always will remember this day. I will continue to help and be a part of this team.
How must I thank you all? Really I mean it from the bottom of my heart, You guys have done such an incredible job!!! When there was no hope, you have made me believe in one thing for sure - Where there is will, there is a way.
Thank you!!!!! You have made many people happy and I am sure everyone is blessing this team and all the people who have worked for it so hard.
Always will remember this day. I will continue to help and be a part of this team.
more...
keepwalking
05-20 01:44 PM
Can you please let me know which service center (Texas or Nebraska) processed yours and your wife's I485 application.
If you don't mind can you please let me know how long it took to receive I-485 receipt notice and Finger print notice (for your wife).
My situation is
Priority date is 08/01/06 (EB2). Becoming current on June 1st 2011. Need to add my wife as dependent to my green card process (she is in US in H4 status now). Texas Service Center is processing my I-485.
I just finished doing that (in March) my lawyer only filed 485 for my spouse, once the documents for her were received by USCIS, we sent a interfiling letter to use I140 from Eb2 for my 485.
I got approved in 3 days after they received their letter and my wife got her GC in 2 months.
Good Luck
If you don't mind can you please let me know how long it took to receive I-485 receipt notice and Finger print notice (for your wife).
My situation is
Priority date is 08/01/06 (EB2). Becoming current on June 1st 2011. Need to add my wife as dependent to my green card process (she is in US in H4 status now). Texas Service Center is processing my I-485.
I just finished doing that (in March) my lawyer only filed 485 for my spouse, once the documents for her were received by USCIS, we sent a interfiling letter to use I140 from Eb2 for my 485.
I got approved in 3 days after they received their letter and my wife got her GC in 2 months.
Good Luck
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willigetgc?
04-28 01:32 PM
I like your profile image ........ explains every back logged immigrant's situation!
read this:
Congressional Dems Say No Immigration Bill Anytime Soon - The Gaggle Blog - Newsweek.com (http://blog.newsweek.com/blogs/thegaggle/archive/2010/04/26/congressional-dems-say-no-immigration-bill-anytime-soon.aspx?hpid=topnews)
So what this means is twofold: that immigration is both the most tantalizing and the most dangerous demographic political issue on the American horizon. There now are 45 million Hispanics in America, 10 million to 11 million of whom have no legal permission to be here. The Hispanic vote is rising in importance, but there is still 9 percent unemployment (12 percent among Latinos) and citizen-workers feel under siege
Both Reps and Dems want their votes, but don't have the guts to do it!
read this:
Congressional Dems Say No Immigration Bill Anytime Soon - The Gaggle Blog - Newsweek.com (http://blog.newsweek.com/blogs/thegaggle/archive/2010/04/26/congressional-dems-say-no-immigration-bill-anytime-soon.aspx?hpid=topnews)
So what this means is twofold: that immigration is both the most tantalizing and the most dangerous demographic political issue on the American horizon. There now are 45 million Hispanics in America, 10 million to 11 million of whom have no legal permission to be here. The Hispanic vote is rising in importance, but there is still 9 percent unemployment (12 percent among Latinos) and citizen-workers feel under siege
Both Reps and Dems want their votes, but don't have the guts to do it!
more...
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NKR
08-21 02:29 PM
Dude, what is your hidden agenda?. If you do not have any, then you got to make up your mind, you seem to get different thoughts every day. First was the lawsuit, second was a different lawsuit, now you say that something else suits you�
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jcrajput
06-09 11:09 AM
Can we have a visa stamping in other country than India if you are in USA? or we must need stamping from India?
Appriciate your help.
Thanks
Appriciate your help.
Thanks
more...
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goel_ar
12-18 06:05 PM
Hi All,
SSN office finally responded but they rejected the application. The reason specified is "department of homeland securiy is unable to verify my document. and you should contact the agency to clarify my current immigration status".
I can't start working until I get SSN as it is small company. I am their first H1 employee.
The law firm told my company that my payroll can be run using my ITIN but payroll company refused to run payroll using ITIN & asked for SSN instead.
Any suggestions , asap, will be greatly apprciated.
I am not sure who am I suppose to contact. Please help...
I am really afraid & depressed.
Thanks,
LG
SSN office finally responded but they rejected the application. The reason specified is "department of homeland securiy is unable to verify my document. and you should contact the agency to clarify my current immigration status".
I can't start working until I get SSN as it is small company. I am their first H1 employee.
The law firm told my company that my payroll can be run using my ITIN but payroll company refused to run payroll using ITIN & asked for SSN instead.
Any suggestions , asap, will be greatly apprciated.
I am not sure who am I suppose to contact. Please help...
I am really afraid & depressed.
Thanks,
LG
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mambarg
08-30 01:30 PM
I dont think you mean LUD on 485 correctly.
It has to be after ND.
It has to be after ND.
more...
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waitingnwaiting
05-20 11:00 AM
I have completed. :)
Thank you for spreading my teachings to you. :D
Thank you for spreading my teachings to you. :D
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FredG
May 29th, 2007, 07:35 AM
Oh, I forgot in the above instructions. Manually focus so that nothing is in focus. That pretty much assures the only thing in focus is the dust/dirt.
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jlander
January 7th, 2005, 03:34 PM
Don,
Thanks for the quick reply. Have you taken many 1:1 photos and how did they turn out?
Thanks for the quick reply. Have you taken many 1:1 photos and how did they turn out?
deepakjain
01-21 03:25 PM
I was one of the candidates who had this issue, I was given a 221g in 2009 Dec at mumbai consulate.
I was not asked for any documents, and the officer told me that my case has been putup for security check and I can expect a reply back from Washington DC within 2-8 weeks.
I received a reply on my case after 3 weeks and then I took the copy of the reply and submitted my passport at the mumbai consulate for visa stamping, 3 days after
submitting my passport I got it back with visa stamped on it.
Please note in 2009 I was in my 7th year of H1B, I had EAD and AP during that time and I have a permanent job and have been working for the same firm for last 6 years.
Regards,
Deepak
Folks:
I was just informed by my lawyer that there is a potenital for significant delay in getting the visa stamped due to security checks. I assume it is PIMS related. My questions is:
1: Has anyone experienced such delay recently at Delhi Consulate? Please note that last visa H1B expired in Aug 2010.
2: Is there any proactive steps I can take before going to India and make sure that there are no delay due to PIMS verification
I also read somewhere that there is a way to get PIMS verification done while in US.
I will appreciate your responses.
I was not asked for any documents, and the officer told me that my case has been putup for security check and I can expect a reply back from Washington DC within 2-8 weeks.
I received a reply on my case after 3 weeks and then I took the copy of the reply and submitted my passport at the mumbai consulate for visa stamping, 3 days after
submitting my passport I got it back with visa stamped on it.
Please note in 2009 I was in my 7th year of H1B, I had EAD and AP during that time and I have a permanent job and have been working for the same firm for last 6 years.
Regards,
Deepak
Folks:
I was just informed by my lawyer that there is a potenital for significant delay in getting the visa stamped due to security checks. I assume it is PIMS related. My questions is:
1: Has anyone experienced such delay recently at Delhi Consulate? Please note that last visa H1B expired in Aug 2010.
2: Is there any proactive steps I can take before going to India and make sure that there are no delay due to PIMS verification
I also read somewhere that there is a way to get PIMS verification done while in US.
I will appreciate your responses.
santb1975
09-30 09:59 PM
I got back after my weekend. I will look at the Yahoo groups
