H1Girl
04-09 12:59 AM
Could anyone help please? Mysituation is not unique or complicated..Working on EAD while waiting for GC is most common scenario...
axp817
06-15 05:00 PM
If your husband is working for one of the infamous desi outfits where bench means no salary, then I'd suggest that you avoid travelling since you may be asked to produce a paystub on return.
OTOH, if your husband is working for a legitimate consulting company that pays him even when he is not billable to a client, then you have nothing to fear about.
huh? I thought being employed at all times was an H-1B requirement and not an AOS requirement.
OP hasn't made it clear whether he is still on H-1B or just AOS/EAD.
OTOH, if your husband is working for a legitimate consulting company that pays him even when he is not billable to a client, then you have nothing to fear about.
huh? I thought being employed at all times was an H-1B requirement and not an AOS requirement.
OP hasn't made it clear whether he is still on H-1B or just AOS/EAD.
dannyvn
06-27 12:21 PM
sameet ... if you had used AP to enter the country then you are on EAD.. isn't it?
needhelp!
11-05 04:15 PM
bump
more...
butterchicken
04-28 02:10 PM
DOL Proposed Legislation for Labor Certification
In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.
A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.
The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.
Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.
In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.
A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.
The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.
Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.
satyasaich
06-10 04:26 PM
I applied for EAD renewal for my spouse. Earlier also i did renewal myself , but online.
This time however i applied manually but forgot to send both front & back of EAD. Instead i just sent front side only. Check was clearly written, photos with A#, Copy of 485 (both sides)
May be a silly question, will it be any issue?
Copy of 485 receipt
Copy Front and back of current EAD
Photos with A# and name in the back (With Pencil/Felt Pen)
Check for 340 Payable to US Department of Homeland Security" (with A#/Name in the memo section) -- Separate checks
This time however i applied manually but forgot to send both front & back of EAD. Instead i just sent front side only. Check was clearly written, photos with A#, Copy of 485 (both sides)
May be a silly question, will it be any issue?
Copy of 485 receipt
Copy Front and back of current EAD
Photos with A# and name in the back (With Pencil/Felt Pen)
Check for 340 Payable to US Department of Homeland Security" (with A#/Name in the memo section) -- Separate checks
more...
gcisadawg
04-16 09:34 AM
Hello Attorney,
My wife received a RFE on her I-485 for missing medical test (TB test).
The deadline for responding to RFE is May 9th. She is out of the country currently and is scheduled to return on June 3rd.
Can we request an extension of time to reply to RFE based on hardship?
We just need one more month to comply with RFE.
Does USCIS normally provide extension for situations like the one above?
I took an infopass appointmnet at Baltimore and they couldn't offer a concrete answer since the case is pending with TSC. They asked me to reply to RFE asking for extension and provide supporting documents. I'm not sure if that would be accepted and results in denial of I-485.
Thanks in advance,
GCisaDawg
My wife received a RFE on her I-485 for missing medical test (TB test).
The deadline for responding to RFE is May 9th. She is out of the country currently and is scheduled to return on June 3rd.
Can we request an extension of time to reply to RFE based on hardship?
We just need one more month to comply with RFE.
Does USCIS normally provide extension for situations like the one above?
I took an infopass appointmnet at Baltimore and they couldn't offer a concrete answer since the case is pending with TSC. They asked me to reply to RFE asking for extension and provide supporting documents. I'm not sure if that would be accepted and results in denial of I-485.
Thanks in advance,
GCisaDawg
coolpal
03-30 10:43 AM
If your GC is getting approved today, then your priority date should be current, so I assume you will be (or would have) applied for dependent 485 for your wife (and son?) so they are going to be on AOS...
..or, am I missing something?
pal :)
..or, am I missing something?
pal :)
more...
bluez25
08-23 01:59 PM
Thanks and appreciate closing the other duplicate thread paskal. I wasnt sure about which categorty should I put this torture story.
Keep up the good work..
Keep up the good work..
jotv
10-09 05:43 PM
:(hi gcpadmavyuh ,
here is my question i got h1 that is starting from oct 1st and i got ead also .
i dont have ssn also . my i-94 got expired.
1) now i am on which status ?
2) how to come from h4 to ead in my situation ?
3) how to actually use ead or h1 ?
4) should i get salary( payroles every month ) on h1 from this oct 1st onwards ?
5) in my situation how uscis will recognise am i using ead /h1 /h4 ?
6) in my situation if i got ssn and driving license after showing ead card in that offices , but i didnt work until this year end then by the year end on which status i am h4 or ead or h1 ?
7) in my situation if once i used my ead is there any chance to come from ead to h1 in future if i need ?
please clarify this doubts . please other experts suggest me.
here is my question i got h1 that is starting from oct 1st and i got ead also .
i dont have ssn also . my i-94 got expired.
1) now i am on which status ?
2) how to come from h4 to ead in my situation ?
3) how to actually use ead or h1 ?
4) should i get salary( payroles every month ) on h1 from this oct 1st onwards ?
5) in my situation how uscis will recognise am i using ead /h1 /h4 ?
6) in my situation if i got ssn and driving license after showing ead card in that offices , but i didnt work until this year end then by the year end on which status i am h4 or ead or h1 ?
7) in my situation if once i used my ead is there any chance to come from ead to h1 in future if i need ?
please clarify this doubts . please other experts suggest me.
more...
lxz2011
12-19 12:04 AM
I came here with my dad and mom. My dad's I-485 was denied because his I-140 was revoked. He appealed but it was dismissed. With the principle application denied, everything for me and my mom was also denied. Because I was just a child I really had no idea what was going on. However flipping through all the family documentations I don't see any deportation orders, I only see something that says we no longer has a valid non immigrant status and the district office has jurisdiction over issues of departure.
So my question is, and I realize this might be a stupid question, but what is my status in the U.S.? Am I an illegal immigrant? Am I deport-able? Am I visa overstayed? Since I did came here legally.
and with that status, is there anything I can do? Now that I am over 18 can I apply for visa/green card by myself? Through jobs or student visa? And what is the 3/10 reentry bar and how will it affect me?
I think I am one of the dream act students that failed today, and with that failed in the senate, I really dont know what to do. I know I might not deem to have the right to ask these questions, but any advice or help I would be grateful.
So my question is, and I realize this might be a stupid question, but what is my status in the U.S.? Am I an illegal immigrant? Am I deport-able? Am I visa overstayed? Since I did came here legally.
and with that status, is there anything I can do? Now that I am over 18 can I apply for visa/green card by myself? Through jobs or student visa? And what is the 3/10 reentry bar and how will it affect me?
I think I am one of the dream act students that failed today, and with that failed in the senate, I really dont know what to do. I know I might not deem to have the right to ask these questions, but any advice or help I would be grateful.
gcpadmavyuh
02-18 03:16 PM
Thanks, Elaine!
I have a follow-up question: Can the experience gained with the current Employer be used as basis for the EB2?
The cost varies, depending on the attorney fees and what advertising is done. Generally, it would probably cost $6000 - $12,000 for PERM. The employer must pay this, you cannot pay any of it.
I have a follow-up question: Can the experience gained with the current Employer be used as basis for the EB2?
The cost varies, depending on the attorney fees and what advertising is done. Generally, it would probably cost $6000 - $12,000 for PERM. The employer must pay this, you cannot pay any of it.
more...
snathan
02-04 01:19 AM
My PERM has been pending for over one year, and I just got the H1 Approval for 1 year and 2 months (1 year H1 Extension and 2 months recapture time). I am currently in Malaysia and need to apply for a visa at US Consulate in Malaysia. Since I am on the H1 visa, I have to show the proof that I will return back to Malaysia after the end of my work period in US. Accordingly, I would need to purchase the round trip ticket. The issue is that the plane ticket only valid for the maximum of 1 year, but my visa valid for 1 year and 2 months. Please advise if one way plane ticket would be sufficient for the visa interview or need to be a round trip plane ticket. If it is not, what should I do? Also, I wonder if the application package including I-129 submitted to USCIS need to be stamped “Certified True Copy” with the original signature of the lawyer or employer for the visa interview. Can I use the copy one that is stamped “Certified True Copy” with the non-original signatures of my lawyer or employer? Anybody pls help. Thank you very much.
This is my personel experience only....so check with others also...
When I went to stamping for the first time in india, I did not even have any ticket or any plan for the US trip. H1 is dual intend visa. So I believe only for non-dual visa like B1, one need to prove that you will return and have the flight ticket.
This is my personel experience only....so check with others also...
When I went to stamping for the first time in india, I did not even have any ticket or any plan for the US trip. H1 is dual intend visa. So I believe only for non-dual visa like B1, one need to prove that you will return and have the flight ticket.
howzatt
07-18 10:32 AM
Guys,
If we cannot even contribute $10 PER MONTH, that is really really cheap of us.
eb3,
with all due respect, I really doubt if this is the bet way to get people to donate. Calling people cheap is not a nice thing and generally not recommended.
I know your intentions are good and ...
If we cannot even contribute $10 PER MONTH, that is really really cheap of us.
eb3,
with all due respect, I really doubt if this is the bet way to get people to donate. Calling people cheap is not a nice thing and generally not recommended.
I know your intentions are good and ...
more...
snathan
08-16 12:35 PM
My son was on B1 and then on H4. B1 was stamped in 2000 for 10 years. He was with me in US for 4 years and had 1 stamping of H4 in his passport after 2000. He moved to Canada in 2005 but still visits me on B1 which was issued to him before his H4 stamping and B1 was never cancelled. I am not sure about L1..
RV
When I went for H1B stamping my B1 was cancelled and I was told one can not have more than one visa at the same time.
RV
When I went for H1B stamping my B1 was cancelled and I was told one can not have more than one visa at the same time.
watzgc
02-12 07:44 PM
Thanks lazycis for ur time to reply. is it must to fill I-9 form again to use with EAD even for the same employer. My attorney says continue as it is. mm.. confusing..
Btw, one more quesitons, for my son, I-485 status says Application rejected bcoz of incorrect fee (but attorney already sent correct fee !!) and I got I-131 AP for my son. Does that mean, USCIS accepted my sons I-485 application?.
Thanks lot again.
Btw, one more quesitons, for my son, I-485 status says Application rejected bcoz of incorrect fee (but attorney already sent correct fee !!) and I got I-131 AP for my son. Does that mean, USCIS accepted my sons I-485 application?.
Thanks lot again.
more...
nik.patelc
11-11 07:57 PM
Need advise from someone who renewed Indian passport by mail at the San Francisco Indian Consulate.
My wife filled the application online and is ready to mail it, but there are questions regarding the supporting docs.
1)Proof of Residence:CGISF website shows applicable docs as Driving license or PG&E, Water or landline telephone bill displaying applicant�s address or
House Lease Agreement.
However in my wife's case, her name is not on any of the utility bills mentioned above and her Driving license has the old address.
Can we use the HUD-1 closing statement or home title as proof. Or can we use a insurance bill for this purpose? If not, please advise on other options.
2)Notarizing:I understand photo copies of any docs that I sent needs to be notarized.
Is there anything else that needs to be notarized?Your website says that "If applying by mail, Photocopy of all supporting documents including Photo should be notarized and attached to the application".
Do I need to notarize both the photos from page 1 and page 4? Please clarify.
I notorized my wife picture attached to gas utility bill as proof of residence. it was accpeted and my wife's passport was renewed without any trouble. Suggest to send a copy of her driving license.
My wife filled the application online and is ready to mail it, but there are questions regarding the supporting docs.
1)Proof of Residence:CGISF website shows applicable docs as Driving license or PG&E, Water or landline telephone bill displaying applicant�s address or
House Lease Agreement.
However in my wife's case, her name is not on any of the utility bills mentioned above and her Driving license has the old address.
Can we use the HUD-1 closing statement or home title as proof. Or can we use a insurance bill for this purpose? If not, please advise on other options.
2)Notarizing:I understand photo copies of any docs that I sent needs to be notarized.
Is there anything else that needs to be notarized?Your website says that "If applying by mail, Photocopy of all supporting documents including Photo should be notarized and attached to the application".
Do I need to notarize both the photos from page 1 and page 4? Please clarify.
I notorized my wife picture attached to gas utility bill as proof of residence. it was accpeted and my wife's passport was renewed without any trouble. Suggest to send a copy of her driving license.
smuggymba
07-20 01:18 PM
Take a screenshot and attach it quickly..
This needs to be checked... It is illegal. They have crossed the line very clearly..
I have taken a screenshot. There are too many errors in this ad, there are chances that this might be posted from Dubai by someone on craigslist. I doubt US based recruiter would use this language, they very well know what can happen to them.
This needs to be checked... It is illegal. They have crossed the line very clearly..
I have taken a screenshot. There are too many errors in this ad, there are chances that this might be posted from Dubai by someone on craigslist. I doubt US based recruiter would use this language, they very well know what can happen to them.
imh1b
02-07 10:16 AM
Why blame illegal Indians? They are desperate for survival and come to USA to earn 2 square meals a day.
What about the Legal Indians? The so called best and the brightest.
Even legal Indians commit acts that bring shame. Just go to any anti-immigrant website and you will see tons of news article links. This is why antis call Indians slumdogs
What about the Legal Indians? The so called best and the brightest.
Even legal Indians commit acts that bring shame. Just go to any anti-immigrant website and you will see tons of news article links. This is why antis call Indians slumdogs
shantanup
03-18 11:10 AM
How did you manage not to work for ABC if they processed visa for you? Why did ABC apply for your visa in first place if they had no work for you? You seem to have acquired H1B visa first and then you are looking for a job. Is it not a fraud? This is what anti-immigrants target and I don't disagree with them. There has to be a job position first and then there can be a visa associated with it, not the other way round. This is how people abuse the immigration system and then it becomes an easy target by anti-immigrants.
Siddharta
03-12 08:49 PM
Doing MBA is useless ... unless you do it from a top 20 school
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