amsgc
01-23 06:48 PM
I can't think of any issue - as long as you have all the papers, seems fairly straight forward and routine to me.
Sorry for little confusion.
What I mean was,
- I filed I-485 for me and my wife
- then after 180 days I switched to a new company with H1B transfer.
- So, I am still in H1B status.
- But my wife (secondary applicant) is using EAD based on I-485 and working.
Which means we used AC21 for portability of our I-140 and I-485 cases.
Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?
Sorry for little confusion.
What I mean was,
- I filed I-485 for me and my wife
- then after 180 days I switched to a new company with H1B transfer.
- So, I am still in H1B status.
- But my wife (secondary applicant) is using EAD based on I-485 and working.
Which means we used AC21 for portability of our I-140 and I-485 cases.
Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?
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cbpds
06-25 05:58 PM
Well dont you work for less?.....based on the market rate?
Remember $8 per hr is tax free as well
jobs, which require unskilled labor (walmart jobs, starbucks jobs, farm jobs, janitorial work - all are examples) should be paid a living wage. Which means, if a person works for 40 hours a week, he/she should be able to live with the salary.
I can throw in some numbers for Washington, DC area. For a family of 4.
Living wage: Accommodation ($800 apartment) + Food ($500 a month) + Vehicle, since most of America is not well served by public transportation ($400) + Entertainment, Communication, Clothes, Medicine etc ($500). Total = $2200 a month. Divide this by 160 hours a month and you will get $13.75.
So this is the minimum wage all jobs in Washington, DC area should be paying. Companies often get away with paying way below this amount. Then the society ends up paying the difference.
Remember $8 per hr is tax free as well
jobs, which require unskilled labor (walmart jobs, starbucks jobs, farm jobs, janitorial work - all are examples) should be paid a living wage. Which means, if a person works for 40 hours a week, he/she should be able to live with the salary.
I can throw in some numbers for Washington, DC area. For a family of 4.
Living wage: Accommodation ($800 apartment) + Food ($500 a month) + Vehicle, since most of America is not well served by public transportation ($400) + Entertainment, Communication, Clothes, Medicine etc ($500). Total = $2200 a month. Divide this by 160 hours a month and you will get $13.75.
So this is the minimum wage all jobs in Washington, DC area should be paying. Companies often get away with paying way below this amount. Then the society ends up paying the difference.
jasmin45
08-21 10:36 AM
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nmdial
04-08 04:54 PM
Not sure...since we are all talking about 12K and only 2 months movement. Are they cautious or we are all missing something?
Personally, I think they (USCIS) have no clue therefore DOS has been extremely cautious.
Personally, I think they (USCIS) have no clue therefore DOS has been extremely cautious.
more...
pappu
05-13 01:42 PM
Does anyone have access to this article :
http://www.diversityinc.com/members/login.cfm?hpage=21367.cfm&CFID=1754493&CFTOKEN=26728028
It looks like favoring us ....
this news site was members only to read the new article. could you copy and paste this article in the forums so that we all can read?
http://www.diversityinc.com/members/login.cfm?hpage=21367.cfm&CFID=1754493&CFTOKEN=26728028
It looks like favoring us ....
this news site was members only to read the new article. could you copy and paste this article in the forums so that we all can read?
gc_on_demand
12-05 10:24 AM
bump
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manderson
07-17 02:49 PM
we really have to be morons to take anynonymous comments at face-value.
or did you post the comments yourself and like the attention?
or did you post the comments yourself and like the attention?
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nlssubbu
10-02 11:38 AM
Thanks for the response and I have recd the same kind of response from my lawyer too. What I find confusing is everyone cautions me saying "As a backup, maintain your H1." Is there a real need to maintain a backup? Meaning if I need to maintain my H1 why should I apply for EAD for myself? Or is it so that I can continue on H1 right now with my same company and If I get laid off I can use EAD to get another job (not everyone hires H1-Bs) and in later case my daughter will be covered because our AOS is pending? In that case if I leave the country I can reenter using our receipts and APs, is that right?
Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.
The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.
(Though I got GC now, my H1 is valid till end of 2010 :) )
Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.
The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.
(Though I got GC now, my H1 is valid till end of 2010 :) )
more...
ksrk
12-10 04:36 PM
Just EB1 through EB3 adds to 149579.
Wonder how this tallies with numbers discussed especially during Aug and Sept. 2008...
Wonder how this tallies with numbers discussed especially during Aug and Sept. 2008...
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maine_gc
02-01 12:48 PM
Thank you all.
PD is Nov 2004 - EB2
PD is Nov 2004 - EB2
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seba
02-08 12:41 AM
Arjun, thanks for clarifying those things. I have a couple of final questions before I book my trip if you could please help me again.
(1) My first H1B was valid from Oct 2004 to Oct 2007, and I got my stamp in Dubai. The stamp expired on Oct 2007. My second H1B is valid from Oct 2007 to Oct 2010, and I am planning to go to Halifax for the stamping. I have stayed at the same company all this time. Does "revalidation" include my situation?
(2) When leaving for Canada, they did not take your white I-94 card (stapled to passport) at the US airport. When arriving in the US, they replaced your old I-94 with a new I-94 at the US airport. Please confirm that all this is correct.
Thanks again. My company uses "immigration lawyers", but they seem rather incompetent, as many of you have experienced.
(1) My first H1B was valid from Oct 2004 to Oct 2007, and I got my stamp in Dubai. The stamp expired on Oct 2007. My second H1B is valid from Oct 2007 to Oct 2010, and I am planning to go to Halifax for the stamping. I have stayed at the same company all this time. Does "revalidation" include my situation?
(2) When leaving for Canada, they did not take your white I-94 card (stapled to passport) at the US airport. When arriving in the US, they replaced your old I-94 with a new I-94 at the US airport. Please confirm that all this is correct.
Thanks again. My company uses "immigration lawyers", but they seem rather incompetent, as many of you have experienced.
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ryan
01-26 03:35 PM
Seriously, who cares that Andhra bagged 7 ranks. How on earth is it relevant to the discussion going on here? Plus this isn't a forum for Indians only(and I'm Indian).
Stop posting these nonsense, amateur messages.
LOL! Nicely said. Some of the "talent & skill" that move here, is just most unfortunate.
Stop posting these nonsense, amateur messages.
LOL! Nicely said. Some of the "talent & skill" that move here, is just most unfortunate.
more...
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mrdelhiite
08-07 10:57 AM
Though its not mentioned it is good file I-134. You are not eligible for I-864.
Yes u are right about I-864. Any employement based green card like ours ( EB2/EB3) should not file it. Here is the text from the I864 form -->
Employment-based preference immigrants in cases onlywhen a U.S. citizen or lawful permanent resident relativefiled the immigrant visa petition or such relative has asignificant ownership interest (five percent or more) in theentity that filed the petition.
Thanks a ton for your help guys. :-)
-M
Yes u are right about I-864. Any employement based green card like ours ( EB2/EB3) should not file it. Here is the text from the I864 form -->
Employment-based preference immigrants in cases onlywhen a U.S. citizen or lawful permanent resident relativefiled the immigrant visa petition or such relative has asignificant ownership interest (five percent or more) in theentity that filed the petition.
Thanks a ton for your help guys. :-)
-M
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desitechie
07-14 08:43 PM
One should be good enough.
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waitnwatch
05-30 01:02 PM
I would appreciate if you could reference the bill text (if you have), then we can together spin this news - thanks
Here is my explanation of how the new system will work -
The USCIS declares an open period for all merit based application.
Everyone on H1-B puts in an application and gets in line.
The USCIS declares the list of succesful applicants.
For oversubscribed countries (remember that the country limit is 10% of 140000) there will be unsuccessful applicants who will have to apply next year.
Those unsuccessful applicants who reach their 6th year on H1-B cannot get any more H1-B extensions because they donot have an approved I140.
So it will be goodbye to professors in Economics and Business from India and China who will not get points for either STEM or high demand occupations.
I hope this make sense.
Here is my explanation of how the new system will work -
The USCIS declares an open period for all merit based application.
Everyone on H1-B puts in an application and gets in line.
The USCIS declares the list of succesful applicants.
For oversubscribed countries (remember that the country limit is 10% of 140000) there will be unsuccessful applicants who will have to apply next year.
Those unsuccessful applicants who reach their 6th year on H1-B cannot get any more H1-B extensions because they donot have an approved I140.
So it will be goodbye to professors in Economics and Business from India and China who will not get points for either STEM or high demand occupations.
I hope this make sense.
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09-23 06:30 PM
We applied in NSC
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02-14 11:02 PM
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krishnam70
06-18 11:40 AM
Received RFE for primary applicant (myself) and spouse.
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
1. Your Evidence of legal stay can be gathered from the stamps in passport
2. Take copy of each page of your passport and write a letter with each entry and exit date and the category in which you were admitted in to the country.
3. O-visa is dual intent.
http://www.greencardlawyers.com/workvisas/O-1visa.html
4. Even if they harp upon your stay of 6 months without a status, it should be wiped clean once you were admitted back in to the country. I think there is a precedent and law for this. cannot recall it right now.
5. I think they are looking for information from your side and the burden of proof is on you to prove that you have been in legal status. Provide all the documentation and sit back. In case of any issues attorney's are there to handle it...
- good luck
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
1. Your Evidence of legal stay can be gathered from the stamps in passport
2. Take copy of each page of your passport and write a letter with each entry and exit date and the category in which you were admitted in to the country.
3. O-visa is dual intent.
http://www.greencardlawyers.com/workvisas/O-1visa.html
4. Even if they harp upon your stay of 6 months without a status, it should be wiped clean once you were admitted back in to the country. I think there is a precedent and law for this. cannot recall it right now.
5. I think they are looking for information from your side and the burden of proof is on you to prove that you have been in legal status. Provide all the documentation and sit back. In case of any issues attorney's are there to handle it...
- good luck
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dealsnet
09-04 02:36 PM
If at this rate the people are dying, In 1-2 years every one will be finished.
Do they die because of RAT FEVER, SLUM DOG FEVER, MONKEY FEVER or SWINE FLUE ???
Guys,
Here is the list of people who recently died in my village. Let us all pray for their soul to rest in peace. Please understand that when we can pray for YSR..we can do for these people also. Every life has the same value...dont you agree..
1. Rasu Devan
2. Kenkai ammal
3. Gandhi mathi (lady only).
Please all do pray for the poor souls. From today onwords I will post all the dead people list in IV and let us all pray for them. Thanks for your support and prayer. Please let your freinds and family know about this and ask them to join in our prayer. Once again thanks guys.
You are more than welcome to give red dots.
Do they die because of RAT FEVER, SLUM DOG FEVER, MONKEY FEVER or SWINE FLUE ???
Guys,
Here is the list of people who recently died in my village. Let us all pray for their soul to rest in peace. Please understand that when we can pray for YSR..we can do for these people also. Every life has the same value...dont you agree..
1. Rasu Devan
2. Kenkai ammal
3. Gandhi mathi (lady only).
Please all do pray for the poor souls. From today onwords I will post all the dead people list in IV and let us all pray for them. Thanks for your support and prayer. Please let your freinds and family know about this and ask them to join in our prayer. Once again thanks guys.
You are more than welcome to give red dots.
meridiani.planum
06-02 02:12 PM
I am just wondering if kaiserrose can get his wife an EAD as well - doesn't that make both on AOS-pending status?
that requires his wife to first file a I-485 for herself, and she can only do that once his PD is current (EB3 INdia is at 2001, he is at 2003 so thats not possible right now)
that requires his wife to first file a I-485 for herself, and she can only do that once his PD is current (EB3 INdia is at 2001, he is at 2003 so thats not possible right now)
EndlessWait
06-20 12:10 PM
.. bumping
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