skumar9
04-13 03:20 PM
In my Query it states as 30 days...
glamzon
07-27 11:16 AM
Thanks
Eb3_frustrated
07-31 11:09 AM
Your wife can work as along the date on EAD is valid, EAD is employee authorization, it not a visa status unlike H4. She can have a EAD and be on H4 at the same time. It does not matter if you filed an extension for H4 but she can work if the EAD is valid ie end date on EAD has not passed.
This is just my thought based on my experience, remember I am not an attorney, consult one if you need dependable answer.
This is just my thought based on my experience, remember I am not an attorney, consult one if you need dependable answer.
number30
04-15 11:20 AM
Hi,
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?
Can you explain what did you fake and where did you fake? In most of the cases which invovles employee augmentation kind of jobs , consulting company is the one which submits the resume. So you may not know what he is putting on your resume.
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?
Can you explain what did you fake and where did you fake? In most of the cases which invovles employee augmentation kind of jobs , consulting company is the one which submits the resume. So you may not know what he is putting on your resume.
more...
immi2006
08-21 05:49 PM
1. To be fair to all, Ask all h1b's to gain 2 - 3 years of US experience, before filing for GC. (2 years of Paystub at the minumum and or tax returns).
If there are pending apps already, at LC or 140 stage, push it on a 2 or 3 year stack and then get the h1b who has applied the GC a preference to start the process. This will ensure the oldest apps gets its merit of preference. Do it across all categories (Eb1, Eb2 , Eb3 )
This is not too much to ask, also senators and companies - business cannot feel bitter.
This will make the system slow down on the new applications, it will not jam the existing Que.
(2) Second Possibility, ask all the new h1 B's who have contributed by way of taxes to US system of an amount of 80,000 USD or higher to be eligible, that way only the cream of strata is not eliminated. For instance if someone earns 125000 then he can submit his app after a year. This will demonstrate the guy is smart and needed here, since companies will not pay 125K for a guy who is not worth.
(3) H1Bs should apply for GC from their home country and processing is to be based in their home country for the first 2 stages. (This will reduce DOL to focus on the 485 strictly, so it will reduce work load)
Edit/Delete Message
If there are pending apps already, at LC or 140 stage, push it on a 2 or 3 year stack and then get the h1b who has applied the GC a preference to start the process. This will ensure the oldest apps gets its merit of preference. Do it across all categories (Eb1, Eb2 , Eb3 )
This is not too much to ask, also senators and companies - business cannot feel bitter.
This will make the system slow down on the new applications, it will not jam the existing Que.
(2) Second Possibility, ask all the new h1 B's who have contributed by way of taxes to US system of an amount of 80,000 USD or higher to be eligible, that way only the cream of strata is not eliminated. For instance if someone earns 125000 then he can submit his app after a year. This will demonstrate the guy is smart and needed here, since companies will not pay 125K for a guy who is not worth.
(3) H1Bs should apply for GC from their home country and processing is to be based in their home country for the first 2 stages. (This will reduce DOL to focus on the 485 strictly, so it will reduce work load)
Edit/Delete Message
carolva77
05-27 11:50 AM
up
more...
kevinkris
11-10 02:50 PM
Guys,
I think they are doing it across in NY.
This is really stupid. Most of the people will not have valid stamping on an expiring passport.
San Francisco was fine. They gave me for 10 years in January.
Don't know what their policy now.
Hi friends,
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
I think they are doing it across in NY.
This is really stupid. Most of the people will not have valid stamping on an expiring passport.
San Francisco was fine. They gave me for 10 years in January.
Don't know what their policy now.
Hi friends,
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
rally
07-13 02:13 PM
:p :p :p
The details here
Firstly, by investing $1 million and hiring 10 employees anywhere in the US. Secondly, investing $500,000 and hiring 10 employees in an area where the unemployment rate exceeds the national average unemployment rate by 150%. Thirdly, investing in regional centres designated by the INS that are eligible to receive immigrant investor capital. The US immigration and naturalization services (INS), United States citizenship and immigration services (US CIS) have approved over 20 regional centres.
36 million hollywood house (not sure of exact value) + 3 nannies + 1 cook + 2 cook's help + 1 pool boy + 1 gardner + 1 Beckam's PR person + 1 Wife's PR person + 1 Masseuse + ......+ friend's Cruise recomendation to USCIS director = greencard in 1,2,3 or so months whether you like it or not
The details here
Firstly, by investing $1 million and hiring 10 employees anywhere in the US. Secondly, investing $500,000 and hiring 10 employees in an area where the unemployment rate exceeds the national average unemployment rate by 150%. Thirdly, investing in regional centres designated by the INS that are eligible to receive immigrant investor capital. The US immigration and naturalization services (INS), United States citizenship and immigration services (US CIS) have approved over 20 regional centres.
36 million hollywood house (not sure of exact value) + 3 nannies + 1 cook + 2 cook's help + 1 pool boy + 1 gardner + 1 Beckam's PR person + 1 Wife's PR person + 1 Masseuse + ......+ friend's Cruise recomendation to USCIS director = greencard in 1,2,3 or so months whether you like it or not
more...
godbless
07-31 03:56 PM
Certainly you loose your h4 status if you start working on your EAD. After that one should use Advanced Parole for travelling out of the country. There is no need to inform USCIS formally about it.
tabletpc
01-07 11:29 AM
its a gray area....
If your I-140 is not aproved after 180 days and if your emplyer does not respond to RFE..then your GC is gone for a toss...!!!!
its always recomended to wait untill i-140 is aproved and 180 days are over...!!!!
Not to scare you..i have also heard of emplyers revoking i-140 after it is approved which has caused tremendious pain to emplyees later in getting GC.
My advice....give your career high priority and just go with your gut feeling that things will be fine...!!!!
Good luck
If your I-140 is not aproved after 180 days and if your emplyer does not respond to RFE..then your GC is gone for a toss...!!!!
its always recomended to wait untill i-140 is aproved and 180 days are over...!!!!
Not to scare you..i have also heard of emplyers revoking i-140 after it is approved which has caused tremendious pain to emplyees later in getting GC.
My advice....give your career high priority and just go with your gut feeling that things will be fine...!!!!
Good luck
more...
GCard_Dream
03-15 11:40 AM
Would you please elaborate on "substantially different". If the job title is different and job duties are very different, would that qualify as "substantially different". I have been thinking about doing the same.
If the first labor is done through PERM, can the 2nd labor be filed? I had heard that there is a policy of one PERM per company per employee. Does that not apply if the new job with the same company is substantially different.
Would you please give me as much info as you can cause I am seriously thinking about this option.
Thanks in advance.
You can only file a second LC for the same employee at the same company, if the new position is "substantially different" from the old position. [ I am happy to report, that I just received my PERM approval for doing exactly this :) ]
If your LC was filed via PERM and approved, you do not need to refile just because you lost the receipt. If you're filing an H1-B renewal, a screen shot / printout of the PERM app, showing the case #, is sufficient. If you're filing an I-140, there's a check box on the I-140 to indicate that USCIS should request a PERM approval receipt directly from DoL.
- gs
If the first labor is done through PERM, can the 2nd labor be filed? I had heard that there is a policy of one PERM per company per employee. Does that not apply if the new job with the same company is substantially different.
Would you please give me as much info as you can cause I am seriously thinking about this option.
Thanks in advance.
You can only file a second LC for the same employee at the same company, if the new position is "substantially different" from the old position. [ I am happy to report, that I just received my PERM approval for doing exactly this :) ]
If your LC was filed via PERM and approved, you do not need to refile just because you lost the receipt. If you're filing an H1-B renewal, a screen shot / printout of the PERM app, showing the case #, is sufficient. If you're filing an I-140, there's a check box on the I-140 to indicate that USCIS should request a PERM approval receipt directly from DoL.
- gs
ArkBird
12-12 04:22 PM
Yes. If the company financials are problem, you may have the same problem with EB3. I suggest, get paid consultation from some reputed lawyers.
Refile as what lawyer says, get new H1. That will give you some breathing room. If you see that current financial problem may jeopardize the new GC process as well, then you should switch over.
I assume this lawyer is hired by the company. So he will never advise you to make a move. It is you who have to look at all the options and see if it makes sense.
Refile as what lawyer says, get new H1. That will give you some breathing room. If you see that current financial problem may jeopardize the new GC process as well, then you should switch over.
I assume this lawyer is hired by the company. So he will never advise you to make a move. It is you who have to look at all the options and see if it makes sense.
more...
go_guy123
04-30 03:42 AM
Yes getting her here on an F1 Visa is your best option. You can hv the wedding in India but she shd not disclose abt her wedding and shd cm here on her maiden name and after afew months you can hv a registered marriage here. That is what my cousin did and they flew together to US.
This is totaly wrong. In fact if at a later stage this is found out (as it will) he/she can lose GC as well on grounds of perjury(false declaration).
This is totaly wrong. In fact if at a later stage this is found out (as it will) he/she can lose GC as well on grounds of perjury(false declaration).
arpu31
11-17 12:59 PM
you have to options -
1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.
please double check before you make any decision.
If I just re-enter US on my previous H4 stamp, will that change my status automatically back to H4 fom H1 in all govt database? or should I apply for any other docs?
1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.
please double check before you make any decision.
If I just re-enter US on my previous H4 stamp, will that change my status automatically back to H4 fom H1 in all govt database? or should I apply for any other docs?
more...
nlssubbu
07-19 12:24 AM
How will you get the papers signed without them being here? You also need recent passport size photos of them as well for AP document.
You can differ filing EAD and AP at a later date.
Thanks
PS: I am not an attorney and please consult with them.
You can differ filing EAD and AP at a later date.
Thanks
PS: I am not an attorney and please consult with them.
saravanaraj.sathya
08-08 03:23 PM
Jasmin - Thanks for ur reply. I know there are several posts regarding pay-stubs. but I was un-clear with the pay issue after filing I-485 thtz why I opened a new thread. I am sorry if it is not appropriate.
But I ve seen in some of the posts where ppl say that we can be on vacation, self-employed etc etc...what does it mean? do they still need to produce pay stubs....My Pd is Nov 2006 it may take several yrs..do they really dig deep from there to my first entry?
Its always safe to have paystubs for atlease 180 days after your 485 receipt date. If they call you for an interview at local office during adjudication, which may happen after anywhere from weeks, months, or years, there are chances that you may be asked to produce paystubs starting from month before interview date all the way back to your first H1 entry into US.
Please do not open new threads for these question for which there are several thread opened and are being discussed thru. Why don't you ask this question on one of those post?
But I ve seen in some of the posts where ppl say that we can be on vacation, self-employed etc etc...what does it mean? do they still need to produce pay stubs....My Pd is Nov 2006 it may take several yrs..do they really dig deep from there to my first entry?
Its always safe to have paystubs for atlease 180 days after your 485 receipt date. If they call you for an interview at local office during adjudication, which may happen after anywhere from weeks, months, or years, there are chances that you may be asked to produce paystubs starting from month before interview date all the way back to your first H1 entry into US.
Please do not open new threads for these question for which there are several thread opened and are being discussed thru. Why don't you ask this question on one of those post?
more...
meetpravee
04-19 01:14 PM
Thank you so much for all your response. I am filling up the application online now. My fathers name in existing passport is just mentioned as his first name. Should I fill in the first name alone in the renewal application or should I fill in the first name and last name. I couldnt find answer for this question in the other thread. Same question for mother's name and spouse name too.
rahulpaper
08-26 01:27 PM
Did you do medical or not?
Sakthisagar
05-12 10:29 AM
sent the letter to Sen Leahy, what Mayorkas wnat to explain in pages a summary of how EB community is suffering. Thanks :)
greenhorn
12-09 01:55 PM
When does the H-1 B fiscal year start? Is it April? So for example, people apply in April 2007 for the 2007 fiscal year and start working from April 2007?
In this case of transfer from non profit to for profit, is the priority date portable after I-140 approval?
This is a different question. Is the government job also regarded as cap exempt non profit?
Thank you very much for your help! Our immigration gods bless you!
Best,
I am surprised some one in an earlier post said they switched from a non-profit to a for-profit, without being counted against the cap.
I work for an NPO too and here is what i know:
If u have always worked for a non-profit on ur H1, transferring from a non-profit to a for-profit does require that u are subject to the H1B quota. So u will need to make sure the h1B quota is available before u switch. And that can be tricky.. because though, the quota opens in Apr, from what i understand, u would have to wait until October of that year to start working. You would have to find an employer who would be willing to file for an H1 for u by Apr/May before the H1 quota fills up, and wait until October for u to start work.
Only institutions of higher education, non-profit entities affiliated to such institutions or non-profit research / governmental research organizations that fall under certain sections of USC,under the Higher Education Act of 1965 qualify for the H1B cap exemption. You would have to check with ur prospective employer to find out if they qualify if u want to switch to another non-profit.
As for the priority date after 1-140 approval, i don't see any reason why it would not be portable.. but u would have to check on that.
In this case of transfer from non profit to for profit, is the priority date portable after I-140 approval?
This is a different question. Is the government job also regarded as cap exempt non profit?
Thank you very much for your help! Our immigration gods bless you!
Best,
I am surprised some one in an earlier post said they switched from a non-profit to a for-profit, without being counted against the cap.
I work for an NPO too and here is what i know:
If u have always worked for a non-profit on ur H1, transferring from a non-profit to a for-profit does require that u are subject to the H1B quota. So u will need to make sure the h1B quota is available before u switch. And that can be tricky.. because though, the quota opens in Apr, from what i understand, u would have to wait until October of that year to start working. You would have to find an employer who would be willing to file for an H1 for u by Apr/May before the H1 quota fills up, and wait until October for u to start work.
Only institutions of higher education, non-profit entities affiliated to such institutions or non-profit research / governmental research organizations that fall under certain sections of USC,under the Higher Education Act of 1965 qualify for the H1B cap exemption. You would have to check with ur prospective employer to find out if they qualify if u want to switch to another non-profit.
As for the priority date after 1-140 approval, i don't see any reason why it would not be portable.. but u would have to check on that.
vnandster
04-13 01:12 AM
Only my lawyer got the RFE - We didn't.
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