Lydia
06-18 11:23 AM
I understand it is law but he is denying... I did offer him money, but he says a big NO.
espoir
07-27 04:06 PM
The moment you use your EAD to get a part time job even you still are working fultime job, your H status is suspended. You can still work with your employer who filed your GC not in H status, but with EAD.
In other words, you can only be in one status at any time. You cannot have H status and work on EAD at same time.
What happen to a person with H1B and then EAD. Main job he continues with original employer who file GC and take a partime like working in a store. What will be the interpretation and Can he do that?
Senior pl give advice.
In other words, you can only be in one status at any time. You cannot have H status and work on EAD at same time.
What happen to a person with H1B and then EAD. Main job he continues with original employer who file GC and take a partime like working in a store. What will be the interpretation and Can he do that?
Senior pl give advice.
srkamath
07-16 05:39 PM
Is there offered salary criteria associated with this category?
Yes, salary offered MUST be greater than the wage requirement for that position as determined by DOL. You can also find out the min wage requirement yourself. First determine the minimum requirements of the position for edu and exp, supervisory etc, then calculate the SVP level (specific vocational preparation i think) SVP will be in the 6 to 10 range. From the DOL website, find the SVP to wage level correlation for your occupation, wage levels are I, II, III, IV. Generally, EB2 positions will end up with SVP of at least 7 to 8 depending on occupation, when most often is at least Level II and over for wage.
Clear as mud??, i hope i have explained it well ...
Yes, salary offered MUST be greater than the wage requirement for that position as determined by DOL. You can also find out the min wage requirement yourself. First determine the minimum requirements of the position for edu and exp, supervisory etc, then calculate the SVP level (specific vocational preparation i think) SVP will be in the 6 to 10 range. From the DOL website, find the SVP to wage level correlation for your occupation, wage levels are I, II, III, IV. Generally, EB2 positions will end up with SVP of at least 7 to 8 depending on occupation, when most often is at least Level II and over for wage.
Clear as mud??, i hope i have explained it well ...
dilipb
04-21 04:38 PM
Wow!
more...
Queen Josephine
July 15th, 2004, 01:35 PM
These are great shots. Between you and Janet, you could produce a nice book (if either of you hasn't already).
panini
06-18 04:45 PM
I totally agree!
Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.
Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.
more...
ps57002
12-28 10:39 AM
Only God knows how they calculate what processing dates to put up. even their IO's are baffled. NBS shows I131/AP as 3 months now. Mine is way outside processing time now according to new processing times. So I called IO and she's like "now why did they post that, it's not even correct. I'm getting calls regarding that now since a.m.). She was nice though even though I offered she didn't have to do a SR as I'm not travelling anytime soon unless emergency comes up (i'm on EAD and so totally dependent now on AP in case of travel as have no valid H1b). She still put in a request for me. Nice IO. but fact is even their IO's are surprised by what they put in processing times.
GCwaitforever
09-12 08:15 PM
Unpaid vacation is acceptable. Consultants working on hourly basis do not get paid when they do not work. As long as you come on top of prevailing wage rate and the annual salary quoted on the LCA at the end of the year, it does not matter. USCIS understands that you need a vacation too and can not work like a machine throughout the year.
more...
jthomas
05-06 03:44 PM
This conference is for lawyers and employers and organized by lawyers. The organizers are charging fees for it too.
So what will IV gain by meeting lawyers and paying money to just get in?
Or by showing our face to USCIS official, Do you think by showing your face you will get your greencard and can promote IV? If that is true why don't you go and sit in front of USCIS and show your face to everyone entering that building?
And if you want to go then go. Why do you want IV to pay your $350?
Doing something is always better than doing nothing. If IV members would go for the meeting there are chances that they would meet some people and talk to them. In the next meeting these people would go to the stage and talk about IV. If one does not do anything there is a high chance that one would do anything in future.
Please motivate IV members to do something. It does not matter whether it would bear results or not. After few errors they would be doing better and right things. Lets walk the talk and not talk talk talk.
So what will IV gain by meeting lawyers and paying money to just get in?
Or by showing our face to USCIS official, Do you think by showing your face you will get your greencard and can promote IV? If that is true why don't you go and sit in front of USCIS and show your face to everyone entering that building?
And if you want to go then go. Why do you want IV to pay your $350?
Doing something is always better than doing nothing. If IV members would go for the meeting there are chances that they would meet some people and talk to them. In the next meeting these people would go to the stage and talk about IV. If one does not do anything there is a high chance that one would do anything in future.
Please motivate IV members to do something. It does not matter whether it would bear results or not. After few errors they would be doing better and right things. Lets walk the talk and not talk talk talk.
chandra_mb
07-18 11:37 PM
I understand that to file 485, all applicants need to be in the US.
Do the dependents/spouse need to be present in the US to file the EAD later (after we get the 485 receipt) ?
Do the dependents/spouse need to be present in the US to file the EAD later (after we get the 485 receipt) ?
more...
kisana
04-11 10:16 PM
Sorry i keep on asking same questions again and again. I could not find any answer for that. What should I fill in "date of application" for priviously applied I-765, it should be date from EAD when they approved it or should it be the the date on which they received my application.
Also what should I fill in the
"Please provide information concerning your eligibility status"
Please suggest.
Also what should I fill in the
"Please provide information concerning your eligibility status"
Please suggest.
gccube
04-11 03:10 PM
How would I add my details to the tracker. When I click on the IV Tracker it lists the existing entries but I am not able to find an option to add my own details.
more...
leo2606
12-22 12:56 PM
now I got it, 'sweet23guyin'
Please contribute to IV.
Please contribute to IV.
GC_LOOKIN
05-08 11:27 PM
I think if iam not wrong its not based of the priority date or anything else. Its just random
we received a soft LUD on 04-30 we are july 2007 filers..not sure what it means..
we received a soft LUD on 04-30 we are july 2007 filers..not sure what it means..
more...
jr8rdt
01-06 06:55 PM
I am interested with this topic as well. can somebody confirm that once we use AP to travel we can still work on H1 and don't have to invoke EAD?
tnite
07-26 09:27 AM
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
I think your lawyer is too optimistic about EB3 March 2005 being current in the immediate future.Maybe he's right .I dont know
But looking at the possible choice you have mentioned :
1.This is the best option . ie you apply for I485 right now and add you wife when she's in the US later when the date is current.The reason being that for USCIS to approve your GC the date should be current and if its current then you're eligible to apply for your wife's I485.Its a loop. For one thing(GC Approval) to happen the other thing(Date being current) has to happen.
2.The 2nd choice is same as the 1st one. Many here are prediciting that there will be severe retrogression in the Oct bulletin and no one with a right state of mind can even guess the dates at this point of time.
3.Why do you think it would be a grave mistake in life? If you think u'r taking a big risk then make your wife's status independent of your's by applying for H1b or F1 which is option 4. You should talk to a lawyer about the intent issues on F1 visa. I am not aware of that. I know that if one's one F1 or any other non-dual intent visa they shouldnt(risky and chances are higher for denial) apply for any immigrant visa within 90 days of their arrival or in your wife's case change of status.Search for more info on the web.
But my choice would be the first one. It's not risky for the reasons I had mentioned.
my 2 cents
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
I think your lawyer is too optimistic about EB3 March 2005 being current in the immediate future.Maybe he's right .I dont know
But looking at the possible choice you have mentioned :
1.This is the best option . ie you apply for I485 right now and add you wife when she's in the US later when the date is current.The reason being that for USCIS to approve your GC the date should be current and if its current then you're eligible to apply for your wife's I485.Its a loop. For one thing(GC Approval) to happen the other thing(Date being current) has to happen.
2.The 2nd choice is same as the 1st one. Many here are prediciting that there will be severe retrogression in the Oct bulletin and no one with a right state of mind can even guess the dates at this point of time.
3.Why do you think it would be a grave mistake in life? If you think u'r taking a big risk then make your wife's status independent of your's by applying for H1b or F1 which is option 4. You should talk to a lawyer about the intent issues on F1 visa. I am not aware of that. I know that if one's one F1 or any other non-dual intent visa they shouldnt(risky and chances are higher for denial) apply for any immigrant visa within 90 days of their arrival or in your wife's case change of status.Search for more info on the web.
But my choice would be the first one. It's not risky for the reasons I had mentioned.
my 2 cents
more...
dingudi
03-07 09:42 AM
Visa stamping interview --> Feb 8th
Was asked to submit technical questionnaire and other documents as per 221g which I did
Received email confirmation that they have "received" the documents and sending it to DOS for further processing and will email me in sometime
After waiting for one month and no sign of the elusive email, I flew in to LAX and used my Advanced Parole successfully. I had not cancelled my pending H1B application.
The POE officer was very polite unlike the officer at the Mumbai consulate. They didn't ask me even "one" question about my pending h1B application or the H1b in general, had to wait in the secondary inspection room while they looked up my information. Was out in 20-25 mins.
When I asked the POE officer what happens to the H1, he said it gets void. But as per earlier INS memos(Cronin Memo) and threads on forums, this is not the case right ? although I didn't start a discussion on this with him, because I didn't want to confuse him. My I-94 has AOS written on it which probably puts me in a Parolee status.
Now my question is:
---------------------------------------
I really would like to get back on the H1 status, so when the email arrives from Mumbai, does anyone know if its possible to withdraw the application .
Then arrange for the h1B visa stamping interview at say Tijuana, Mexico which is 2 hours drive from where I live. Wouldn't I be in the PIMS system now (since I would have received the email from the mum consulate) and make the stamping faster at the regular timelines. I have my multiple entry AP as backup, so I can be back if I need to.
I'd really appreciate if anyone can shed any light on this, I really hate to work on my EAD and would like to continue on the H1 as a backup for my entire family's sake.
What you did was technically , not an appropriate step. It is clearly mentioned on AP that it is not intended to circumvent the visa process and this is exactly what you did. Either you should travel on AP OR apply for visa and wait for the visa. One of my friends did this and POE was not happy with it. So one should use AP very carefully.
Was asked to submit technical questionnaire and other documents as per 221g which I did
Received email confirmation that they have "received" the documents and sending it to DOS for further processing and will email me in sometime
After waiting for one month and no sign of the elusive email, I flew in to LAX and used my Advanced Parole successfully. I had not cancelled my pending H1B application.
The POE officer was very polite unlike the officer at the Mumbai consulate. They didn't ask me even "one" question about my pending h1B application or the H1b in general, had to wait in the secondary inspection room while they looked up my information. Was out in 20-25 mins.
When I asked the POE officer what happens to the H1, he said it gets void. But as per earlier INS memos(Cronin Memo) and threads on forums, this is not the case right ? although I didn't start a discussion on this with him, because I didn't want to confuse him. My I-94 has AOS written on it which probably puts me in a Parolee status.
Now my question is:
---------------------------------------
I really would like to get back on the H1 status, so when the email arrives from Mumbai, does anyone know if its possible to withdraw the application .
Then arrange for the h1B visa stamping interview at say Tijuana, Mexico which is 2 hours drive from where I live. Wouldn't I be in the PIMS system now (since I would have received the email from the mum consulate) and make the stamping faster at the regular timelines. I have my multiple entry AP as backup, so I can be back if I need to.
I'd really appreciate if anyone can shed any light on this, I really hate to work on my EAD and would like to continue on the H1 as a backup for my entire family's sake.
What you did was technically , not an appropriate step. It is clearly mentioned on AP that it is not intended to circumvent the visa process and this is exactly what you did. Either you should travel on AP OR apply for visa and wait for the visa. One of my friends did this and POE was not happy with it. So one should use AP very carefully.
Gravitation
11-19 10:30 AM
For July 2nd filers, the freedom is attained on Dec 29th (180 days after filing).
webm
10-05 01:17 PM
"7. Aytes said they are trying to set it up that next year the EAD and Advance Paroles will be issued for more than a one year expiration and that there may possibly be one document issued for both the EAD and APs. More on this will come by the end of the year"
This news is interesting..looking forward to it....:)
This news is interesting..looking forward to it....:)
ebizash
02-10 05:58 PM
I think your attorney is right... Was your 140 approved in September.. meaning.. is Sept 19 close to your approval date? if that is the case I wouldn't worry. But if your approval was much earlier than Sept then it could be something to clarify from USCIS.
pushkarw
12-21 02:19 PM
My question is - WHY WOULD ANYONE HELP US GIVEN THE FACT THAT WE ARE NOT WILLING TO HELP OURSELVES?????
All - Please contribute.
Please think:
A. WHY will ACLU assist us? Only because Ms. Singh is there?
B. WHY should Dr. Singh or Mrs. Gandhi assist us? We are trying to emigrate FROM India, NOT immigrate to India, after all.
C. Please do not formulate random "minority community" statements. It is kind of ironic to do so, given the fact that we, the EB immigrants, are usually parts of various minority communities in the U.S., and are desperately trying to make our case to the power structure here...
All - Please contribute.
Please think:
A. WHY will ACLU assist us? Only because Ms. Singh is there?
B. WHY should Dr. Singh or Mrs. Gandhi assist us? We are trying to emigrate FROM India, NOT immigrate to India, after all.
C. Please do not formulate random "minority community" statements. It is kind of ironic to do so, given the fact that we, the EB immigrants, are usually parts of various minority communities in the U.S., and are desperately trying to make our case to the power structure here...
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