desi3933
07-20 04:29 PM
My H1 is expiring in Oct 2008 and my employer did not allow me to apply for EAD.
As for your questions, If you don't have a valid H1 and no EAD, you are out of status. That can have an adverse effect on your I-485 if such period exceeds 180 days.
about the 90-day thing, USCIS used to allow you to walk into a local office and get an interim EAD if your EAD application is pending for 90 days or more, but they seem to have discontinued that practice. Moreover, it will take much longer than 90 days now to get an EAD.
You can apply EAD yourself but you need the I-485 receipt notice for that and I'm sure such employer won't give that to you either.
>> If you don't have a valid H1 and no EAD, you are out of status
Partly correct. One is out of status ONLY if he/she is working without H1 or EAD. Without H1 or EAD one is allowed to stay without working (unpaid leave of absence) while I-485 is pending.
_____________________
Not a legal advice.
As for your questions, If you don't have a valid H1 and no EAD, you are out of status. That can have an adverse effect on your I-485 if such period exceeds 180 days.
about the 90-day thing, USCIS used to allow you to walk into a local office and get an interim EAD if your EAD application is pending for 90 days or more, but they seem to have discontinued that practice. Moreover, it will take much longer than 90 days now to get an EAD.
You can apply EAD yourself but you need the I-485 receipt notice for that and I'm sure such employer won't give that to you either.
>> If you don't have a valid H1 and no EAD, you are out of status
Partly correct. One is out of status ONLY if he/she is working without H1 or EAD. Without H1 or EAD one is allowed to stay without working (unpaid leave of absence) while I-485 is pending.
_____________________
Not a legal advice.
wallpaper Volkswagen Beetle Convertible
myvinbox@gmail.com
08-24 04:30 PM
any updates on status of background processing for your 485 ?
logiclife
02-16 01:02 PM
There is a 7% limit per country. This 7% is applicable when all countries have large number of applicants. I case of several countries not filling their own 7% limit, those numbers have gone to India and China whose demand far outstrips 7% of 140,000 EB visas.
In 2004 and 2005, India and China already got way more than 7% since there wasnt much demand from other countries.
I think India got 42,000 EB visas out of 140,000, the visas that overflowed from those countries whose demand was negligible. Do you want this to be in IV goals still and draw attention to yourself especially since India got almost 30% of EB visas? Coz if you do so, someone will say : What are you talking about...what 7%? Indian employees consumed 30% of EB visa numbers in previous years.
Per country quota limit, if eliminated will not have any benefit but will draw attention to India and China already claiming way more than 7% of 140,000 visas. Its a counterproductive strategy.
The quota itself is a problem. The per country limit within the quota is NOT a problem.
--logiclife.
In 2004 and 2005, India and China already got way more than 7% since there wasnt much demand from other countries.
I think India got 42,000 EB visas out of 140,000, the visas that overflowed from those countries whose demand was negligible. Do you want this to be in IV goals still and draw attention to yourself especially since India got almost 30% of EB visas? Coz if you do so, someone will say : What are you talking about...what 7%? Indian employees consumed 30% of EB visa numbers in previous years.
Per country quota limit, if eliminated will not have any benefit but will draw attention to India and China already claiming way more than 7% of 140,000 visas. Its a counterproductive strategy.
The quota itself is a problem. The per country limit within the quota is NOT a problem.
--logiclife.
2011 aby blue volkswagen beetle
phillyag
07-20 02:01 PM
Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.
They already applied my 485 and AP.
What should I be doing?
1. Can I apply EAD myself?
2. will I get in trouble if I do not have EAD and my H1 expires?
3. Can I move to new employer using AC21 without EAD?
They already applied my 485 and AP.
What should I be doing?
1. Can I apply EAD myself?
2. will I get in trouble if I do not have EAD and my H1 expires?
3. Can I move to new employer using AC21 without EAD?
more...
lazycis
04-06 04:48 PM
lazycis, jhaalaa, meridiani - Thanks for your inputs...you guys rock. :cool:
I believe Jhaalaa trying to caution me not to take chances and move to another employer, which could potentially cause RFE to my case. If so, thanks for you concern.
Meridiani thanks for the doc. I will read through it.
One more question, when I first filed my LC, I made x dollars, then I got a promotion and now making x+10K. When I move to a new employer, should I make x dollars? or x+10K? or is it okay to make x-10K? :confused:
See question 5 in the memo.
http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
Salary discrepancies do not really matter. It's certainly OK to make x+10 on the new job. Come on, some LC were filed 5 years ago. In my case my salary almost doubled by the time I-485 was approved (and I was working for a new company as well). It's good to be cautious, but you should not be overly concerned with these issues as the law only says that your new occupation has to be same or similar to that mentioned in LC. The USCIS never implemented the regulations regarding portability. And I never heard of the case where I-485 was denied because of the portability issue (if it was invoked after 180 days).
I believe Jhaalaa trying to caution me not to take chances and move to another employer, which could potentially cause RFE to my case. If so, thanks for you concern.
Meridiani thanks for the doc. I will read through it.
One more question, when I first filed my LC, I made x dollars, then I got a promotion and now making x+10K. When I move to a new employer, should I make x dollars? or x+10K? or is it okay to make x-10K? :confused:
See question 5 in the memo.
http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
Salary discrepancies do not really matter. It's certainly OK to make x+10 on the new job. Come on, some LC were filed 5 years ago. In my case my salary almost doubled by the time I-485 was approved (and I was working for a new company as well). It's good to be cautious, but you should not be overly concerned with these issues as the law only says that your new occupation has to be same or similar to that mentioned in LC. The USCIS never implemented the regulations regarding portability. And I never heard of the case where I-485 was denied because of the portability issue (if it was invoked after 180 days).
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
more...
krithi
02-04 08:11 AM
I am in similar situation but the only difference is I applied for 485 after graduating and currently working on EAD, can I visit India and come back on AP with no isses? and BTW what did ur attorney say exactly? appreciate ur help.
krithi
krithi
2010 70146 Old VW Beetle
gc_chahiye
11-09 02:43 AM
I think they are talking about the number of receipts that were issued in September, not the number of AOS filings.
oh ok, it makes sense then. thanks for clarifying that.
oh ok, it makes sense then. thanks for clarifying that.
more...
GCWhru
08-20 11:41 AM
We are also in the same situation. Mine got approved on Aug 11th but no LUD on spouse's case.
We had a Infopass appointment today, very nice IO informed us that NC and BC are cleared and case is still pending at TSC.
He asked me to call 1800 and open a status inquiry (SR), but I requested him to open one for me, since I have/had very tough time with 1800. He was kind enough to open a SR and gave me the reference number too. He also informed me that I will be receiving a mail from USCIS within 30 days explaining the status of the case.
We had a Infopass appointment today, very nice IO informed us that NC and BC are cleared and case is still pending at TSC.
He asked me to call 1800 and open a status inquiry (SR), but I requested him to open one for me, since I have/had very tough time with 1800. He was kind enough to open a SR and gave me the reference number too. He also informed me that I will be receiving a mail from USCIS within 30 days explaining the status of the case.
hair aby blue volkswagen beetle
Berkeleybee
04-03 06:12 PM
OK - good point. Linus Torvalds was an H1/green card immigration to my knowledge, and he would make a good addition to the list.
http://en.wikipedia.org/wiki/Linus_Torvalds
Thanks for that -- it'll go into the next round of edits.
http://en.wikipedia.org/wiki/Linus_Torvalds
Thanks for that -- it'll go into the next round of edits.
more...
b2visahelp
07-09 03:34 PM
My parents went to request for visitor visa for a second time. They got rejected again. This time only my parents applied, without my brothers. They showed the VO a letter stating reasons why they won't immigrate to the US (have 3 sons in Indonesia, taking care of elderly parent and have business & properties in Indonesia). The letter also stated that parents only want a short duration visa just to attend my wedding. All questions VO asked was about me, that I got asylum and didn't come back. Now I really don't know what to do. Should I include a notarized letter from me stating that I will make sure my parents go back to Indonesia within the allowed time? My parents don't have the intention to immigrate but I don't know how they can convince the VO.
I would really appreciate your advice. Thank you so much!
I would really appreciate your advice. Thank you so much!
hot vw beetle convertible baby
qualified_trash
08-28 10:08 PM
What's needed is a pithy powerful message
do you have any better ideas for a pithy and powerful message?
Would be great if we can find a better way to get through our problems and frustrations.
we ARE professionals and dignified individuals
some of us are here working for more than 8 years
Is it dignified to keep working for more than 8 years without a decision on our pending cases?
We dont seek it as an entitlement
Once again, to anyone who read the original thread that started this one, we are not claiming entitlement to getting a green card, but is it unreasonable to claim entitlement to a decision on already pending applications within a reasonable amount of time?
8 years is not reasonable.
And for the right to free speech on this forum, I wonder why the original thread was closed by the administrator.
Is this IV's way of saying they do not support the boycott idea?
Then why not state this explicitly?
Otherwise, clearly the idea is controversial enough to get mixed reactions, and maybe by leaving it up a better idea can come out of it.
IV's work is good and should not be undermined, but maybe we can supplement it by additional ways to get a powerful message across.
how about contributing money to IV? that will help more than stirring up a hornet's nest about boycotts etc.
as far as powerful messages go, what more powerful message can there be than having a bill or two passed that can help us. with the necessary support from its members, I am confident that IV can deliver.
do you have any better ideas for a pithy and powerful message?
Would be great if we can find a better way to get through our problems and frustrations.
we ARE professionals and dignified individuals
some of us are here working for more than 8 years
Is it dignified to keep working for more than 8 years without a decision on our pending cases?
We dont seek it as an entitlement
Once again, to anyone who read the original thread that started this one, we are not claiming entitlement to getting a green card, but is it unreasonable to claim entitlement to a decision on already pending applications within a reasonable amount of time?
8 years is not reasonable.
And for the right to free speech on this forum, I wonder why the original thread was closed by the administrator.
Is this IV's way of saying they do not support the boycott idea?
Then why not state this explicitly?
Otherwise, clearly the idea is controversial enough to get mixed reactions, and maybe by leaving it up a better idea can come out of it.
IV's work is good and should not be undermined, but maybe we can supplement it by additional ways to get a powerful message across.
how about contributing money to IV? that will help more than stirring up a hornet's nest about boycotts etc.
as far as powerful messages go, what more powerful message can there be than having a bill or two passed that can help us. with the necessary support from its members, I am confident that IV can deliver.
more...
house aby blue volkswagen beetle
joeshmoe
03-24 04:13 PM
Thanks guys... I believe my experiences are "progressive" (whatever that means) in a sense that during 5 years of work I progressed accordignly and to the level that the job description / ad for my position would require BS plus 5 years of experience.
What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.
Dunno ... with USCIS and their rules ...
I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.
M.
What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.
Dunno ... with USCIS and their rules ...
I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.
M.
tattoo aby blue volkswagen beetle
bigboy007
06-17 04:13 AM
There might be way but may be you need play carefully : this is possible before you actually get your GC , Once you apply for GC and CAn PR , PR takes 1.7 years where as GC whole process needs atleast 4-5 years i dont know wherez ur state at ( that time line is from scratch)
Now you can play staying in windsor area before you actually take up GC and then apply for citizenship while leaving this is possible but timing and luck needs to play . But you cant have both for sure.
Now you can play staying in windsor area before you actually take up GC and then apply for citizenship while leaving this is possible but timing and luck needs to play . But you cant have both for sure.
more...
pictures 2008 Volkswagen New Beetle
walking_dude
11-27 09:24 PM
Thanks Rajeev, MB, new_gc_guy, grupak, GCkaMaara, coopheal for your pledge. I pledge a contribution of $100 as well for the rally, besides my continuing monthly contributions and participation in the rally.
Others, please step forward. Let us not be penny-wise and pound-foolish. Let us help IV pull this thing for our sake.
Others, please step forward. Let us not be penny-wise and pound-foolish. Let us help IV pull this thing for our sake.
dresses vw beetle convertible baby
va_il
06-08 12:17 PM
No point in bashing Indian companies. As they are going political on this issue, my cousin just graduated from School and does not have a job, his dad thinks that his son lost his competitve spirit and is unable to compete for a job, while we all know the actual situation which is pathetic for new h1b seekers.
IV mebers - though our focus is on GC backlog and retrogression - lets all not forget that these are also big issues, especially new immigrants seeking h1b etc...
For those who do not care about families - tearing families is the worst thing that can ever happen and if you are on that side, you will understand the pain.
And for those who think CIR failed which is good for us - just think about the 12 million illegals and walk in their shoes - what goes through them - CIR is their only hope.
Right CIR is their only hope .... for a person who came illegally ... right ...and unfortunately they don't know if they cross the boarder illegally they will be separated from families .... not considering that is immoral on govt part ... :) :) :)
Grow up. These guys are even considering to allow them as legals only because these guys need a cheap labor .. not because they think it is moral .... irrespective of what they say in public stunt. Otherwise all those would have been booted in next sec.
IV mebers - though our focus is on GC backlog and retrogression - lets all not forget that these are also big issues, especially new immigrants seeking h1b etc...
For those who do not care about families - tearing families is the worst thing that can ever happen and if you are on that side, you will understand the pain.
And for those who think CIR failed which is good for us - just think about the 12 million illegals and walk in their shoes - what goes through them - CIR is their only hope.
Right CIR is their only hope .... for a person who came illegally ... right ...and unfortunately they don't know if they cross the boarder illegally they will be separated from families .... not considering that is immoral on govt part ... :) :) :)
Grow up. These guys are even considering to allow them as legals only because these guys need a cheap labor .. not because they think it is moral .... irrespective of what they say in public stunt. Otherwise all those would have been booted in next sec.
more...
makeup aby blue volkswagen beetle
DallasBlue
07-15 12:01 AM
Conference call for the TX state chapter every first and third sunday at 3pm cst of the month.
Dial-In #: 1-218-486-1300
Bridge:
Thanks
Dial-In #: 1-218-486-1300
Bridge:
Thanks
girlfriend aby blue volkswagen beetle
swamy
10-27 12:54 PM
Sen Kennedy is the reason every one of us could come even be here in the US today. Please read up on some history of legal immigration - especially the one that dismantled racial barriers. The senator might not share your focus or sense of urgency in solving EB issues first and may be more passionate about the illegal issue but that does not mean he's any less interested in legal issues or make him 'exclusively' an advocate for undocumented. Dont unnecessarily diminish anyone who is your friend - once again, go back and read up on the history of immigration especially around the 60's.
hairstyles Volkswagen Beetle Convertible
MatsP
November 1st, 2005, 03:02 AM
Thanks for the feedback, Mats. It may sound like an excuse, but the client actually wanted this. She brought a couple of Japanese catalogs as examples of these sorts of preserved flower arrangements, and they all tended to a shallow DoF, overexposed, soft look. For the arrangements, I didn't much care for the style, but for the single rose, I rather liked the result.
I convinced her that having some sharp detail was good, but she really liked the shallow, overexposed look. Hence the light colored backgrounds in most of the shots, and a central blossom. I am rather glad of that, since, when left to myself, I was having a devil of a time trying to get a DoF that kept the subject sharp, and put the background OoF. I think I need a bigger "studio" next time (instead of my dining table...).
OTOH, maybe studio work isn't really for me...
Hey, if you have a paying customer that is happy and a freeloading web-browsing "advisor" that isn't, then that's a pretty good state of affairs. Customer happy is much more important than just about anything, especially if the customer is paying.
--
Mats
I convinced her that having some sharp detail was good, but she really liked the shallow, overexposed look. Hence the light colored backgrounds in most of the shots, and a central blossom. I am rather glad of that, since, when left to myself, I was having a devil of a time trying to get a DoF that kept the subject sharp, and put the background OoF. I think I need a bigger "studio" next time (instead of my dining table...).
OTOH, maybe studio work isn't really for me...
Hey, if you have a paying customer that is happy and a freeloading web-browsing "advisor" that isn't, then that's a pretty good state of affairs. Customer happy is much more important than just about anything, especially if the customer is paying.
--
Mats
roseball
11-09 09:57 PM
Hello gurus,
I have one doubt abt requirements to port EB2.
my EB3 priority date is Aug 2005, now i am planning to apply EB2 with different employer. do i need 5 yrs experience as of my Eb3 priority date in order to port Eb3 priority date to Eb3 ? my lawyer is saying i need 5 yrs experience as of Aug 2005 is it true ?
thanks a lot for your help
Your lawyer is wrong. You should have 5 yrs of experience at the time of EB2 PERM application.
I have one doubt abt requirements to port EB2.
my EB3 priority date is Aug 2005, now i am planning to apply EB2 with different employer. do i need 5 yrs experience as of my Eb3 priority date in order to port Eb3 priority date to Eb3 ? my lawyer is saying i need 5 yrs experience as of Aug 2005 is it true ?
thanks a lot for your help
Your lawyer is wrong. You should have 5 yrs of experience at the time of EB2 PERM application.
techbuyer77
07-20 07:13 AM
lawyer sent 3 tax returns no paystubs
No comments:
Post a Comment