smisachu
12-09 05:52 PM
Just out of curiosity, what kind of jobs do you guys do? What is your educational qualification? I am getting my PhD but it is still some time before I finish, I want to know if there is any way to port from EB2 to EB1 before that.
royus77
05-02 11:41 AM
I am in the same boat .I found a new job after my employer fired me ( Still in 1 month notice period) . Later he found another position and asking me to continue. He may not give me the 1 140 if i leave him
yabadaba
02-28 12:08 PM
I am one of those that bounced around from CBSE (0-3rd) then GCSE O Level UK (4-7th) then ICSE (8th-10th) then finally back to CBSE (11-12)..it definitely hurts moving from board to board but kids are resilient and do bounce back.
However, u might want to consider schools that follow the IB (International Bacclaurate) Program. From what I have heard there are a number of schools in india that follow the IB program.
When they are in nursery/kindergarden, it definitely does not matter which "board" the school follows because they pretty much learn the same stuff anywhere in the world.
for more options bout IB check out
http://www.ibo.org/
However, u might want to consider schools that follow the IB (International Bacclaurate) Program. From what I have heard there are a number of schools in india that follow the IB program.
When they are in nursery/kindergarden, it definitely does not matter which "board" the school follows because they pretty much learn the same stuff anywhere in the world.
for more options bout IB check out
http://www.ibo.org/
glus
01-24 01:29 PM
I just checked with my Lawyer. I am a July 2 receipt guy and my 180 days got over. Currently my wife moved from her H1B(not stamped yet, she moved from H4 to H1) to EAD and I am still on H1B.
My lawyer says if I am on H1B and she is on EAD it will create issues when our EAD goes for renewal. She claims I also should change my status now to EAD. I thought staying on H1B was safe and now I get this response. I told her so many people I know have done the same thing and she is asking if I will jump into the well like others:))).
Please advise
It is generally advisable to remain in H1 as long as possible. Your attorney does not seem to be providing right info. No, there can't be any issues when you renew EAD. EAD have no dependence on H1 status.
My lawyer says if I am on H1B and she is on EAD it will create issues when our EAD goes for renewal. She claims I also should change my status now to EAD. I thought staying on H1B was safe and now I get this response. I told her so many people I know have done the same thing and she is asking if I will jump into the well like others:))).
Please advise
It is generally advisable to remain in H1 as long as possible. Your attorney does not seem to be providing right info. No, there can't be any issues when you renew EAD. EAD have no dependence on H1 status.
more...
glamzon
07-19 12:56 PM
one of my friend got his Initail EAD after 90 days by walking into local office but that was long back in 2002 . Not sure if laws changed ..
GCBy3000
04-26 05:13 PM
http://survey10i.pollingpoint.com/vpnvsMtPR1vMJv
more...
desi3933
03-30 11:00 AM
......
(a) What will be the status of my wife and son after the 2 month period?
(b) How will I be able to keep my wife and son in a legal status, after the 2 month period
.....
Congratulations on your permanent resident status (aka green card holder).
1. Your spouse and child are NOT in H4 status anymore effective your I-485 approval date.
2. Since they have filed for I-485, they are in valid AOS Pending status.
3. They must use AP to re-enter USA
_________________
Not a legal advice.
(a) What will be the status of my wife and son after the 2 month period?
(b) How will I be able to keep my wife and son in a legal status, after the 2 month period
.....
Congratulations on your permanent resident status (aka green card holder).
1. Your spouse and child are NOT in H4 status anymore effective your I-485 approval date.
2. Since they have filed for I-485, they are in valid AOS Pending status.
3. They must use AP to re-enter USA
_________________
Not a legal advice.
clif
10-15 07:41 AM
There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.
EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.
EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.
more...
paskal
12-05 04:12 PM
Thanks but I'm not moving in that area.
he's moving exactly where we need him :-)
good desicion!
we are going to steal all the superwomen too from texas....need(s-no)help! when does that new job/move plan kick in? c'mon now we need you in some state with a dead chapter! Tx has too many riches...let's do some affirmative action...diversity...country quota...whatever...!
he's moving exactly where we need him :-)
good desicion!
we are going to steal all the superwomen too from texas....need(s-no)help! when does that new job/move plan kick in? c'mon now we need you in some state with a dead chapter! Tx has too many riches...let's do some affirmative action...diversity...country quota...whatever...!
ram_nara303
05-12 03:09 PM
I travelled through FRA last year to be precise. Never had a H1-B1 stamping on my passport. Used my AP. Sent email to german consulate prior to travel to check for transit visa. They responded that there is no need to have transit visa unless you are going out of the airport to visit(Schengen visa). So you should be good to go on AP.
more...
eldrick
07-31 05:27 PM
Do you think it would be better if I would file another I-485 on my own? Sorry guys, I'm a little bit confused and worried right now. Thanks for your patience and help.
mzafar125
11-01 09:47 AM
Hi all,
Need your help and experience in this!
I received an RFE for my EAD and AP a few days ago. This has to do with me not registering myself during the NSEERS Special Registration. They want to know why i did not register for the NSEERS.
I visited an attorney around March 2003 regarding the Special Registration and was adviced that I dont have to register because my last entry to the U.S. was in January 2003. That was when return for school after going back home for my Christmas holiday. I have been an F-1 student since September 1998.
Reading the NSEERS requirement (http://www.ice.gov/doclib/pi/specialregistration/Call_In_Group4.pdf), my interpretation is that i should be exempted since my last entry to the U.S. is AFTER September 30, 2002. Is my interpretation right or wrong?
Please advice.
Thanks!
I also got a RFE based on NSEER registration. When I came into the US I was registered at JFK airport in NY sometime in 2002. When I went for special registration I was told that I was already registered and told to go back home. The RFE is asking me for photocopies of I-94 form, FIN number, arrival and departure stamps and passport size pictures. I was just going to send them this information but maybe I should run this by my lawyer. Please let me know if you have any additional information.
Thanks!
Need your help and experience in this!
I received an RFE for my EAD and AP a few days ago. This has to do with me not registering myself during the NSEERS Special Registration. They want to know why i did not register for the NSEERS.
I visited an attorney around March 2003 regarding the Special Registration and was adviced that I dont have to register because my last entry to the U.S. was in January 2003. That was when return for school after going back home for my Christmas holiday. I have been an F-1 student since September 1998.
Reading the NSEERS requirement (http://www.ice.gov/doclib/pi/specialregistration/Call_In_Group4.pdf), my interpretation is that i should be exempted since my last entry to the U.S. is AFTER September 30, 2002. Is my interpretation right or wrong?
Please advice.
Thanks!
I also got a RFE based on NSEER registration. When I came into the US I was registered at JFK airport in NY sometime in 2002. When I went for special registration I was told that I was already registered and told to go back home. The RFE is asking me for photocopies of I-94 form, FIN number, arrival and departure stamps and passport size pictures. I was just going to send them this information but maybe I should run this by my lawyer. Please let me know if you have any additional information.
Thanks!
more...
VSS2007
05-28 06:19 PM
I got my renewal EAD from TSC last week. It starts from the expiry of my current EAD.
Thanks so much!
Thanks so much!
vin13
04-16 01:07 PM
bbct & vin13,
Thank you both for your replies! We are trying to figure out what to do.
She is travelling with our twins and my father. Seems like there is no way other than for her to do a flying visit or to prepone the trip for everybody.
Thanks,
GCisaDawg
Are there civil surgeons approved by USCIS in India who can do the TB test for her?
There are so many green card cases which are counselor processing. How do they get their medical? So this is something you could explore the possibilites of medical test in India.
Thank you both for your replies! We are trying to figure out what to do.
She is travelling with our twins and my father. Seems like there is no way other than for her to do a flying visit or to prepone the trip for everybody.
Thanks,
GCisaDawg
Are there civil surgeons approved by USCIS in India who can do the TB test for her?
There are so many green card cases which are counselor processing. How do they get their medical? So this is something you could explore the possibilites of medical test in India.
more...
chintu25
08-07 09:27 AM
Relax Bro ..That is the old one delete the thread if possible
lelica32
08-06 06:15 PM
140 LUD on 7/27/2008 Sunday
more...
NIW
02-24 12:46 PM
Hey IAspire,
Welcome aboard!
Rest assured, you will be viewing this website/e-mailing questions/answering others' questions for at least a decade unless the middle east revolution spreads to the west.
Even after spending tens of hours of reading, consulting with lawyers and scratching heads countless times, still the green card process is confusing to most of us on this site. Honestly, its a tedious, intricate process that demands lot of patience, hard work, luck and money.
Hey! I'm not trying to scare you but if you were born in India, its been that way for quite some time. I guess you need to do some serious reading about the entire process and especially your scenario. Just google, you'll be inundated with ocean of information. Then you may have some idea about the time frames of getting the EAD or GC or Citizenship or whatever. Good luck!
Welcome aboard!
Rest assured, you will be viewing this website/e-mailing questions/answering others' questions for at least a decade unless the middle east revolution spreads to the west.
Even after spending tens of hours of reading, consulting with lawyers and scratching heads countless times, still the green card process is confusing to most of us on this site. Honestly, its a tedious, intricate process that demands lot of patience, hard work, luck and money.
Hey! I'm not trying to scare you but if you were born in India, its been that way for quite some time. I guess you need to do some serious reading about the entire process and especially your scenario. Just google, you'll be inundated with ocean of information. Then you may have some idea about the time frames of getting the EAD or GC or Citizenship or whatever. Good luck!
karthic
12-19 08:26 AM
Hi a_yaja,
Thanks for you reply. Sorry i didn't post the entire paragraph from the memo. I have attached the USCIS Memo with this post. You can see the following paragraph on the page 17 of the Memo
My Inference from Memo:
When a cap-exempt employee files for concurrent application with cap subjected employer then the employee will be counted against the cap only if he stops the employment with cap-exempt employee. If the UCSIS finds that employee have not ceased from cap-exempt employer then UCSIS won't consider the petition against cap. In other words the concurrent petition will be approved but still the employee won't be counted toward cap.
Please let me know if i am wrong. Thanks
Below is the paragraph from the attached Memo
Requests for Changes in Employment or Concurrent Employment Requests
for Certain Cap-Exempt Aliens.
Any alien who ceases to be employed by an employer described in
paragraph (5)(A) shall, if employed as a nonimmigrant alien described in
section 1101(a)(15)(H)(i)(b) of this title, who has not previously been counted
toward the numerical limitations contained in paragraph (1)(A), be counted
toward those limitations the first time the alien is employed by an employer
other than one described in paragraph (5). (Emphasis added.)
Documentary evidence, such as a current letter of employment or a recent pay
stub, should be provided in support of such a concurrent employment petition at
the time that it is filed with USCIS in order to confirm that the H-1B alien
beneficiary is still employed in a cap-exempt position.
At the time of filing of a concurrent employment H-1B petition that is subject to
the numerical limitation of 214(g)(1)(a):
� If the H-1B alien beneficiary has not �ceased� to be employed in a cap-
exempt position pursuant to INA �� 214(g)(5)(A) and (B), then he or she will
not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt
position, then the alien will be subject to the H-1B numerical limitation, and
the concurrent employment petition may not be approved unless a cap
number is available to the alien beneficiary.
If USCIS determines that an H-1B alien beneficiary has ceased to be
employed in a cap-exempt position after a new cap-subject H-1B petition has
been approved on his or her behalf, USCIS will deny any subsequent cap-
subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap
numbers are available.
Thanks for you reply. Sorry i didn't post the entire paragraph from the memo. I have attached the USCIS Memo with this post. You can see the following paragraph on the page 17 of the Memo
My Inference from Memo:
When a cap-exempt employee files for concurrent application with cap subjected employer then the employee will be counted against the cap only if he stops the employment with cap-exempt employee. If the UCSIS finds that employee have not ceased from cap-exempt employer then UCSIS won't consider the petition against cap. In other words the concurrent petition will be approved but still the employee won't be counted toward cap.
Please let me know if i am wrong. Thanks
Below is the paragraph from the attached Memo
Requests for Changes in Employment or Concurrent Employment Requests
for Certain Cap-Exempt Aliens.
Any alien who ceases to be employed by an employer described in
paragraph (5)(A) shall, if employed as a nonimmigrant alien described in
section 1101(a)(15)(H)(i)(b) of this title, who has not previously been counted
toward the numerical limitations contained in paragraph (1)(A), be counted
toward those limitations the first time the alien is employed by an employer
other than one described in paragraph (5). (Emphasis added.)
Documentary evidence, such as a current letter of employment or a recent pay
stub, should be provided in support of such a concurrent employment petition at
the time that it is filed with USCIS in order to confirm that the H-1B alien
beneficiary is still employed in a cap-exempt position.
At the time of filing of a concurrent employment H-1B petition that is subject to
the numerical limitation of 214(g)(1)(a):
� If the H-1B alien beneficiary has not �ceased� to be employed in a cap-
exempt position pursuant to INA �� 214(g)(5)(A) and (B), then he or she will
not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt
position, then the alien will be subject to the H-1B numerical limitation, and
the concurrent employment petition may not be approved unless a cap
number is available to the alien beneficiary.
If USCIS determines that an H-1B alien beneficiary has ceased to be
employed in a cap-exempt position after a new cap-subject H-1B petition has
been approved on his or her behalf, USCIS will deny any subsequent cap-
subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap
numbers are available.
lost
02-07 08:56 AM
this is sad. it will give a bad name to india.
btw, what religious persecution are they talking about?
btw, what religious persecution are they talking about?
JunRN
12-18 04:37 PM
I was reading the AC21 memo just few minutes ago. Yes, an Approved I-140 can be reversed and denied on this case:
An approved I-140 was withdrawn after 180 days and the beneficiary did not send an AC21 letter to USCIS. USCIS will send NOID and if not responded to timely, I-140 will be reversed and denied. If NOID was responded to timely with new qualifying offer of employment, then USCIS will review if similar or same occupation, if not then case will be reversed and denied.
Therefore, yes, an approved I-140 can be reversed and denied.
Another thing is that if USCIS discovered fraud on one case against the employer and reviews all approved I-140 petition of that employer, USCIS may reverse the decision and issue denial.
An approved I-140 was withdrawn after 180 days and the beneficiary did not send an AC21 letter to USCIS. USCIS will send NOID and if not responded to timely, I-140 will be reversed and denied. If NOID was responded to timely with new qualifying offer of employment, then USCIS will review if similar or same occupation, if not then case will be reversed and denied.
Therefore, yes, an approved I-140 can be reversed and denied.
Another thing is that if USCIS discovered fraud on one case against the employer and reviews all approved I-140 petition of that employer, USCIS may reverse the decision and issue denial.
roseball
10-08 10:38 AM
Thanks Pappu for posting this.
This is the best article I read with the words "Lou Dobbs" in it.
This is the best article I read with the words "Lou Dobbs" in it.
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