sen
02-21 08:02 AM
Guys,
I have a similar question. I have both H1 visa (valid till Feb 09) and approved AP document. I am planning to use my H1 during my re-entry into US. Do i still need to present/inform about my AP to POE officer?
Please advise.
I have a similar question. I have both H1 visa (valid till Feb 09) and approved AP document. I am planning to use my H1 during my re-entry into US. Do i still need to present/inform about my AP to POE officer?
Please advise.
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gemini23
07-27 08:34 AM
Can someone with a EAD be in US without a job (say for 1-2 months). Would he be out of status. Will he have any problemsin renewing ead?
satishku_2000
06-15 10:41 PM
1. First USCIS has to collect tons of applications that will be filed .
2. They have to issue receipt number for all of them , which needs data entry . I am guessing at least it will take 5 more months to issue receipts.
3. They should start processing tons of APs and EADs , I will not be surprised if they introduce premium processing for these two.
4. Once receipts are issued they probably sort according to the priority date . This sorting may take anywhere between 6 to 9 months.
5. Once sorted they start the initial processing . Meanwhile your FPs/693 might have expired so they will send a letter or RFE (FOR USCIS your application can not go forward ...)
6. So dont expect anything to happen in 4 to 5 years even if your priority date is 2001.
Only thing I hope is you have not been waiting for GC since 2001. Hope you entered the game later than that ...
Good luck with everything
2. They have to issue receipt number for all of them , which needs data entry . I am guessing at least it will take 5 more months to issue receipts.
3. They should start processing tons of APs and EADs , I will not be surprised if they introduce premium processing for these two.
4. Once receipts are issued they probably sort according to the priority date . This sorting may take anywhere between 6 to 9 months.
5. Once sorted they start the initial processing . Meanwhile your FPs/693 might have expired so they will send a letter or RFE (FOR USCIS your application can not go forward ...)
6. So dont expect anything to happen in 4 to 5 years even if your priority date is 2001.
Only thing I hope is you have not been waiting for GC since 2001. Hope you entered the game later than that ...
Good luck with everything
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tertip
03-11 08:04 PM
Arkbird,
I started my new job 5 months after I applied 485. Unfortunately I didn't have a choice then. That was one of the reasons I didn't file AC21. My tactic has been silently waiting for green card. With the April 09 visa bulletin I might have to wait for waay to long. I hope I won't receive an RFE for employment.
I started my new job 5 months after I applied 485. Unfortunately I didn't have a choice then. That was one of the reasons I didn't file AC21. My tactic has been silently waiting for green card. With the April 09 visa bulletin I might have to wait for waay to long. I hope I won't receive an RFE for employment.
more...
godspeed
01-06 09:19 AM
very good advice
thanks for sharing this info
I just got back from India 2 days ago using AP. I am no longer on H1-B. My port of entry was philadelphia.
Initially, our finger prints and photos were taken and sent to Secondary inspection.Usually anyone using AP to enter will be subject to secondary inspection. At the secondary inspection after verifying our AP , the officer put a seal saying AOS with a date on the AP and I-94. They will retain one copy of the AP and return one back to you. Passport and un-expired AP(both copies) was all that was needed.
When you first approach the Immigration officer let him know that you are using Advance Parole.
Surrender all your i-94s while leaving. Make a copy for your records (both sides).
I was also prepared with a letter from my employer stating that i am working as .... since ....... Just a 2 sentence employement letter from my HR and carrried copies of my recent pay stubs. Also kept my i-485 receipt letter and i-140 approval letters. All these are supporting documents. Its good to carry them if they inquire more.
The immigration officers were very friendly. No issues or concerns. Nothing to worry. i have changed jobs twice using my EAD now.
Word of advise. when talking to the immigration officer, keep your sentences short and to the point. Smile and greet when you meet. Try not using abreviations for example AP. Say 'Advance Parole'.
thanks for sharing this info
I just got back from India 2 days ago using AP. I am no longer on H1-B. My port of entry was philadelphia.
Initially, our finger prints and photos were taken and sent to Secondary inspection.Usually anyone using AP to enter will be subject to secondary inspection. At the secondary inspection after verifying our AP , the officer put a seal saying AOS with a date on the AP and I-94. They will retain one copy of the AP and return one back to you. Passport and un-expired AP(both copies) was all that was needed.
When you first approach the Immigration officer let him know that you are using Advance Parole.
Surrender all your i-94s while leaving. Make a copy for your records (both sides).
I was also prepared with a letter from my employer stating that i am working as .... since ....... Just a 2 sentence employement letter from my HR and carrried copies of my recent pay stubs. Also kept my i-485 receipt letter and i-140 approval letters. All these are supporting documents. Its good to carry them if they inquire more.
The immigration officers were very friendly. No issues or concerns. Nothing to worry. i have changed jobs twice using my EAD now.
Word of advise. when talking to the immigration officer, keep your sentences short and to the point. Smile and greet when you meet. Try not using abreviations for example AP. Say 'Advance Parole'.
gc_chahiye
12-10 12:40 PM
Please look at the below links, it says that one can move jobs after 180 days even without 140 being approved.
http://www.murthy.com/news/n_yatmay.html
Any comments / suggestions ?
To be safe, either your I-140 needs to be approvable right off the bat (as filed) or your employer needs to co-operate with responding to RFE etc...
Safer to wait for approval...
http://www.murthy.com/news/n_yatmay.html
Any comments / suggestions ?
To be safe, either your I-140 needs to be approvable right off the bat (as filed) or your employer needs to co-operate with responding to RFE etc...
Safer to wait for approval...
more...
invincibleasian
03-27 02:03 PM
I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.
My questions are:
1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
2. Can I continue the case since I already got my Labor Certificate?
I appreciate your feedback. Thank you.
Amend the LC!
My questions are:
1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
2. Can I continue the case since I already got my Labor Certificate?
I appreciate your feedback. Thank you.
Amend the LC!
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greencardfever
12-11 08:33 AM
How many days prior to the EAD and AP expiry date can we apply for EAD and AP renewal?
Thanks.
greencardfever
Thanks.
greencardfever
more...
new_gc_guy
03-26 07:54 AM
I used jet last week... 1208$ great food and service.. and the inflight entertainment was awesome !:D
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optimist578
03-18 12:34 PM
Info from http://www.govtrack.us/congress/bill.xpd?bill=h110-572
----Quoted from website -----------------
H.R. 572: Comprehensive Immigration Reform Commission Act of 2007
Status: Introduced
This bill is in the first step in the legislative process. Introduced bills go first to committees that deliberate, investigate, and revise bills before they go to general debate. The majority of bills never make it out of committee.
Sponsor: Rep. Edolphus Towns [D-NY] (no cosponsors)
Last Action: Jan 18, 2007: Referred to the House Committee on the Judiciary.
Bill Sponsorship & Cosponsorship Statistics:
Edolphus Towns has sponsored 90 bills since Jan 6, 1999, of which 88 haven't made it out of committee (Extremely Poor) and 0 were successfully enacted (Average, relative to peers). Towns has co-sponsored 2239 bills during the same time period (Exceedingly Many, relative to peers).
================================================== ====
How encouraging is that?
Have people seen the movie Legally Blonde 2? How the lead person lobbies for the Bruisser Bill ? Wish we could do sth like that.
---------------------------------------------------------------------
Still fighting on... $50 p.m. + Lobbying with local Representatives...
----Quoted from website -----------------
H.R. 572: Comprehensive Immigration Reform Commission Act of 2007
Status: Introduced
This bill is in the first step in the legislative process. Introduced bills go first to committees that deliberate, investigate, and revise bills before they go to general debate. The majority of bills never make it out of committee.
Sponsor: Rep. Edolphus Towns [D-NY] (no cosponsors)
Last Action: Jan 18, 2007: Referred to the House Committee on the Judiciary.
Bill Sponsorship & Cosponsorship Statistics:
Edolphus Towns has sponsored 90 bills since Jan 6, 1999, of which 88 haven't made it out of committee (Extremely Poor) and 0 were successfully enacted (Average, relative to peers). Towns has co-sponsored 2239 bills during the same time period (Exceedingly Many, relative to peers).
================================================== ====
How encouraging is that?
Have people seen the movie Legally Blonde 2? How the lead person lobbies for the Bruisser Bill ? Wish we could do sth like that.
---------------------------------------------------------------------
Still fighting on... $50 p.m. + Lobbying with local Representatives...
more...
tabletpc
01-10 01:23 PM
Its a gray area....!!!!!
She can work for the same employer on H1b, but is she on H1b status or not....its difficult to say. Hope i am not confusing you.
From what i have understood about GC law, once you take any benifit of GC, you are abounding your previous status.
I would suggest you to talk to your attorney.
Good luck
She can work for the same employer on H1b, but is she on H1b status or not....its difficult to say. Hope i am not confusing you.
From what i have understood about GC law, once you take any benifit of GC, you are abounding your previous status.
I would suggest you to talk to your attorney.
Good luck
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JazzByTheBay
09-14 03:27 PM
Glad to know we're advertising on the radio station, as one member suggested.
Proof of what we can do collectively, and IV is really an organization driven by members, of the members, for the members, by the members.
GO IV GO!
http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
http://images.jupiterimages.com/common/detail/20/99/22609920.jpg
cheers, and see ya'll in DC!
jazz
He is the best - I am at work - but will listen to the radio.
Way to go logiclife - we are with you
Proof of what we can do collectively, and IV is really an organization driven by members, of the members, for the members, by the members.
GO IV GO!
http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
http://images.jupiterimages.com/common/detail/20/99/22609920.jpg
cheers, and see ya'll in DC!
jazz
He is the best - I am at work - but will listen to the radio.
Way to go logiclife - we are with you
more...
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bfadlia
05-27 08:09 AM
My son and wife too had EAD's expiring in Aug, 2010.. Had no option but to get the DL for three months and applied for another renewal of EAD's.. What a crap..$ after $.. Did the letter from USCIS you got after infopass help or not??
I don't think the letter was of any help, it said my case is still pending, and as I mentioned above DMV told me they already knew that, they had access to USCIS database.
I don't think the letter was of any help, it said my case is still pending, and as I mentioned above DMV told me they already knew that, they had access to USCIS database.
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Munna Bhai
01-09 12:54 PM
which service center? You can ask your employer to ask USCIS as 140 is employer's application.
Can anyone tell me, is this common wait time and what more i can do.
Can anyone tell me, is this common wait time and what more i can do.
more...
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Alien
02-09 11:40 PM
Your emergency is in India not in the US,so am not sure how you can provide the consulate in India a valid reason to travel back asap. If you have a valid reason to return to the US asap then make sure you have the supporting docs.
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shirish
10-15 03:49 PM
Thankx for the info.
Once she goes from H4 to AOS(using EAD), it doesnt matter .she can work partime, FT or not work at all.
Once she goes from H4 to AOS(using EAD), it doesnt matter .she can work partime, FT or not work at all.
more...
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gopalkrishan
08-03 04:58 PM
Dear Registered OP,
I guess you have accidentally choose IV to post your issue,
the key word search "Frustation" on google might have drove you here,
not your mistake! try this website (http://www.atkins.com/Homepage.aspx) :D
Hi Sanju,
I do realize that IV is a focused forum .. but I thought that since all the members here are stressed with GC process, backlogs and continued frustrations of PD, I would just try to provide them with a moment of smile .. So there was no mistake in my posting on IV ..
More over I posted it under "Interesting Topics" so that I do not hamper any mainstream discussions :) If even this is unacceptable then I will redact my post with due apologies ..
Regards,
Gopal Krishan
I guess you have accidentally choose IV to post your issue,
the key word search "Frustation" on google might have drove you here,
not your mistake! try this website (http://www.atkins.com/Homepage.aspx) :D
Hi Sanju,
I do realize that IV is a focused forum .. but I thought that since all the members here are stressed with GC process, backlogs and continued frustrations of PD, I would just try to provide them with a moment of smile .. So there was no mistake in my posting on IV ..
More over I posted it under "Interesting Topics" so that I do not hamper any mainstream discussions :) If even this is unacceptable then I will redact my post with due apologies ..
Regards,
Gopal Krishan
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chanduv23
09-15 04:35 PM
Bump
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conundrum
05-25 09:32 AM
Finally made the call to Kennedy's office. :)
sankar_203
08-04 02:51 PM
Hi,
I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.
My employer is based in Texas and I am working in california.
After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.
Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.
Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.
The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.
It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.
The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.
Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement). I dont know how to proceed in this regard.
I've the following queries it would be great if I could get some answers/discussions/advice on the same.
1. Is my employer really trying to scare me so that I can pay them for the damamges?
May be
2. Or is my employer completely confident about the breach of agreement and indeed heading for legal action?
May be
3. If so how would I approach from here?
Consulting with an attorney
4. Has anybody similar experiences with their employers?
yes me and my friend did
5. Is it advisable to send any such letters (as my employer did) stating the breach of agreement by my employer (such as not paying while on bench etc) ?
Not at all advisable..patience is virtue in this matter..
6. Should I wait till I get any legal notices from my employer? (I am very much scared about this and I should'nt regret in future that I didn't react to it).
Need not..call him up or go to his office(i recommend this) because we sound different over the phone..try to talk him/her out on this matter..he violated some labor rules, it doesn't mean he/she cannot come after u on this matter..court and labor department are two separate issues..any evidence against him/her can only be used by the discretion of judge..there are several loop holes in this contract issues..by experience i have only got to know a few of them..don't be scared..coz that doesn't help u..finally sorry to tell that i am not able to help you in giving a straight answer..but please do contact a legal attorney in this matter..just consult him/her and get their first hand opinion..also talk to ur employer face to face(if possible) and tell him/her u made few mistakes and i have done one mistake..tell them to get it over with..if u run away from him, he/she thinks ur scared and will try to scare u more..lastly please do not lose ur control by threating / abusing with emails or voice mails or any of that kind..coz that can be used against u inspite of his/her mistake..
Good luck..keep us posted..btw when ur working in calif..which state tax ur paying..was it calif or texas??
I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.
My employer is based in Texas and I am working in california.
After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.
Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.
Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.
The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.
It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.
The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.
Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement). I dont know how to proceed in this regard.
I've the following queries it would be great if I could get some answers/discussions/advice on the same.
1. Is my employer really trying to scare me so that I can pay them for the damamges?
May be
2. Or is my employer completely confident about the breach of agreement and indeed heading for legal action?
May be
3. If so how would I approach from here?
Consulting with an attorney
4. Has anybody similar experiences with their employers?
yes me and my friend did
5. Is it advisable to send any such letters (as my employer did) stating the breach of agreement by my employer (such as not paying while on bench etc) ?
Not at all advisable..patience is virtue in this matter..
6. Should I wait till I get any legal notices from my employer? (I am very much scared about this and I should'nt regret in future that I didn't react to it).
Need not..call him up or go to his office(i recommend this) because we sound different over the phone..try to talk him/her out on this matter..he violated some labor rules, it doesn't mean he/she cannot come after u on this matter..court and labor department are two separate issues..any evidence against him/her can only be used by the discretion of judge..there are several loop holes in this contract issues..by experience i have only got to know a few of them..don't be scared..coz that doesn't help u..finally sorry to tell that i am not able to help you in giving a straight answer..but please do contact a legal attorney in this matter..just consult him/her and get their first hand opinion..also talk to ur employer face to face(if possible) and tell him/her u made few mistakes and i have done one mistake..tell them to get it over with..if u run away from him, he/she thinks ur scared and will try to scare u more..lastly please do not lose ur control by threating / abusing with emails or voice mails or any of that kind..coz that can be used against u inspite of his/her mistake..
Good luck..keep us posted..btw when ur working in calif..which state tax ur paying..was it calif or texas??
yabadaba
08-20 03:43 PM
I am glad they have started enforcing this. This will let them work on the cases rather than answer the calls.
once and for all.. the adjudicators dont answer calls. its just cust service people...who are contractors. so if u dont call them.. all they will be doing is sitting around doing nothing.
once and for all.. the adjudicators dont answer calls. its just cust service people...who are contractors. so if u dont call them.. all they will be doing is sitting around doing nothing.
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