a_yaja
08-07 06:19 PM
From the information that you have provided, I can tell you that their argument does not hold any water. The same can be said of H1B as well. If they are tracking expiration of H1B, they certainly can do the same for EAD.
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
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mchundi
04-10 12:04 PM
For a change I was listening to Rush today. Interestingly he was very neutral about Bush's proposal. He thinks the new proposal is to the conservative's liking, but not sure how this will be implemented. Bush's push is our last hope this year. Nancy Pelosi does not want to take up any immigration bill that is not likely to pass(afraid of failure).
--MC
--MC
istrategist
03-19 10:54 PM
First round of interviews went well - now have to send my details to their HR to make sure EB2 porting will work.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? Should they file and get I-140 approved and then only I should join them?
1. Make sure that your new company's HR and lawyer are comfortable in supporting the fact that new job is same or similar to old job. It is a grey area and you can be the best judge on it.
2. When you join the new employer ask their attorney to send AC-21 letter to USCIS indicating that you have moved to a same or similar job based on AC-21 porting.
3. Filing for H1 or EAD is a personal choice - as far as GC processing goes I don't see a difference in using either.
4. If they are willing and and the position qualifies you to file EB-2 and port PD- sure go ahead.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? Should they file and get I-140 approved and then only I should join them?
1. Make sure that your new company's HR and lawyer are comfortable in supporting the fact that new job is same or similar to old job. It is a grey area and you can be the best judge on it.
2. When you join the new employer ask their attorney to send AC-21 letter to USCIS indicating that you have moved to a same or similar job based on AC-21 porting.
3. Filing for H1 or EAD is a personal choice - as far as GC processing goes I don't see a difference in using either.
4. If they are willing and and the position qualifies you to file EB-2 and port PD- sure go ahead.
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milind70
11-06 11:29 PM
If I stay with my GC sponser, can I then port the date? If so, when am I free to leave the company? Is it after the EB2 I140 is approved?
Thanks!
I think in the case you mentioned in your first post it will highly risky to use AC21 ,it would be advisable to be with the sponsoring employer till your 485 is approved. You have two labours and two 140s in different categories EB2 and EB3 processed .I think in your case please consult with a very good lawyer/attorney because immigrtaion laws are very complex and complicated,
not straight forward . If this was staright forward everyone who is EB3 would have converted or ported to EB2 and as I mentioned before documentation and employer support is a must . One of my friend went to his employer wanting to convert from EB3 to EB2 his employer( a reputed American Bank) refused point blank.
The point here is people reading this forum get mislead that porting is very easy and straightforward and simple . It is not ,if it was all would have filed in EB2 and not EB3 .EB2 has more checks and scrutinies and different requirements. Thats what I was told by my attorney. So consult an attorney before you go this route.
Thanks!
I think in the case you mentioned in your first post it will highly risky to use AC21 ,it would be advisable to be with the sponsoring employer till your 485 is approved. You have two labours and two 140s in different categories EB2 and EB3 processed .I think in your case please consult with a very good lawyer/attorney because immigrtaion laws are very complex and complicated,
not straight forward . If this was staright forward everyone who is EB3 would have converted or ported to EB2 and as I mentioned before documentation and employer support is a must . One of my friend went to his employer wanting to convert from EB3 to EB2 his employer( a reputed American Bank) refused point blank.
The point here is people reading this forum get mislead that porting is very easy and straightforward and simple . It is not ,if it was all would have filed in EB2 and not EB3 .EB2 has more checks and scrutinies and different requirements. Thats what I was told by my attorney. So consult an attorney before you go this route.
more...
Anders �stberg
April 10th, 2004, 10:09 AM
Sorry to go on about my birds, but this I wanted to share...
I was out to get some training photographing flying birds when I suddenly saw this seagull that had a wooden stick poking out from the neck. I decided to turn photo journalist for a while and concentrate on pictures of this unlucky bird. I don't know what could have happened to it, either it has accidentally flown into something or God forbid someone has shot an arrow at it. :(
I have already found out that photographing flying birds is difficult, but try photographing a specific bird in a big flock - that's taking the difficulty to another level! :) I managed to get a few inflight pictures as well though. Unfortunately it was of course not too difficult to spot with the wooden pointer attached.
This is what I first saw, the bird flying past me a couple of times:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3345.jpg
He was clearly irritated, kept scratching around the head and shaking to get rid of the stick:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3402.jpg
This bird seemed quite dominant, kept chasing off other birds, so it wasn't too hindering:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3353.jpg
He was also out on the water, resting as well as courting and chasing other birds:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3382.jpg
When I threw in some bribes he also joined in in the feeding, both feet and stick in the water:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3362.jpg
Here's another inflight picture with the ugly stick poking out:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3396.jpg
And a final portrait of this unlucky bird:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3329.jpg
To end on a slightly brighter note here are two birds just about to take off:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/SeagullsTakingOff_3354.jpg
-Anders
I was out to get some training photographing flying birds when I suddenly saw this seagull that had a wooden stick poking out from the neck. I decided to turn photo journalist for a while and concentrate on pictures of this unlucky bird. I don't know what could have happened to it, either it has accidentally flown into something or God forbid someone has shot an arrow at it. :(
I have already found out that photographing flying birds is difficult, but try photographing a specific bird in a big flock - that's taking the difficulty to another level! :) I managed to get a few inflight pictures as well though. Unfortunately it was of course not too difficult to spot with the wooden pointer attached.
This is what I first saw, the bird flying past me a couple of times:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3345.jpg
He was clearly irritated, kept scratching around the head and shaking to get rid of the stick:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3402.jpg
This bird seemed quite dominant, kept chasing off other birds, so it wasn't too hindering:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3353.jpg
He was also out on the water, resting as well as courting and chasing other birds:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3382.jpg
When I threw in some bribes he also joined in in the feeding, both feet and stick in the water:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3362.jpg
Here's another inflight picture with the ugly stick poking out:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3396.jpg
And a final portrait of this unlucky bird:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3329.jpg
To end on a slightly brighter note here are two birds just about to take off:
http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/SeagullsTakingOff_3354.jpg
-Anders
kumar4875
03-01 03:00 PM
Always try to go for group policy with your employer, even if you are paying 100% of the premium and your company is not contributing a dime. That way your premiums are lower than what you get from the open market...may be you do not have that option but good to know... I can vouch for Kaiser, they are very good.
I was using my employers policy where I had $1000 deductible and paying $1100 per month (2adults+2kids).I switched to BCBS for personal insuracne with $5000 out of pocket limits with $435 premium/month. my calcualtion was I pay $5000 as monthly premiusms + $5000 max deductible -$1000per month just like I was with my employer. At least we can see some saving until we have to spend some amount on healthcare as deductible+outofpocket expenses.So far luck is with me and hoping it will continue.
But Again --these plans keep on increasing their price yearly --So I am also looking for good plan in Maryland.When I compared from ehealthinsuranne.com BCBS had better plans than Kaiser.but Kaiser seems to be public choice here.
I was using my employers policy where I had $1000 deductible and paying $1100 per month (2adults+2kids).I switched to BCBS for personal insuracne with $5000 out of pocket limits with $435 premium/month. my calcualtion was I pay $5000 as monthly premiusms + $5000 max deductible -$1000per month just like I was with my employer. At least we can see some saving until we have to spend some amount on healthcare as deductible+outofpocket expenses.So far luck is with me and hoping it will continue.
But Again --these plans keep on increasing their price yearly --So I am also looking for good plan in Maryland.When I compared from ehealthinsuranne.com BCBS had better plans than Kaiser.but Kaiser seems to be public choice here.
more...
kcindian
05-29 11:04 AM
Gurus,
I currently have an EAD (Received it in September 07) and my PD is July 2003 and I am on EB3. I am close to getting an offer with another company and I have a few questions:
1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?
2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?
3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?
Thank You for answering my questions.
KC Indian
I currently have an EAD (Received it in September 07) and my PD is July 2003 and I am on EB3. I am close to getting an offer with another company and I have a few questions:
1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?
2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?
3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?
Thank You for answering my questions.
KC Indian
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rkthoka
08-04 01:05 PM
Hi
I read in one the post here at Immigrationvoice.com
a person travelled on AP and he got I94 longer than current AP expiry date . And he asked officer can he use current AP before I 94 expire. And he got answer Yes.
But I am not sure whether it is true or not alway check with Attorny for the same.
On other post, is it required to have paystubs while travelling?
I have my last pay stub was July 20th 09 and planning to go on vacation on Aug 20 and coming back in Sep th. What I'm missing is immediate pay stubs, is it required to have same?
Thanks,
I read in one the post here at Immigrationvoice.com
a person travelled on AP and he got I94 longer than current AP expiry date . And he asked officer can he use current AP before I 94 expire. And he got answer Yes.
But I am not sure whether it is true or not alway check with Attorny for the same.
On other post, is it required to have paystubs while travelling?
I have my last pay stub was July 20th 09 and planning to go on vacation on Aug 20 and coming back in Sep th. What I'm missing is immediate pay stubs, is it required to have same?
Thanks,
more...
rotucan
12-12 06:16 PM
I have also OPT card with a A# and another alien number with 485.. I went to INFOPASS, the IO said that there is no problem.. the one in the OPT is a temporal number.... the new alien from 485 is the permanent:o
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invincibleasian
01-14 09:27 PM
upto 6 months. they send out a letter as soon as you apply stating they have recvd yur app and working on it. I had applied for a Name correction. They refused after a couple of weeks itself and asked me to get it corrected in the visa consulate of the home country. When I went for stamping in chennai I pointed out error and the new stamp had the right name. Consult your attorney.
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kshitijnt
01-24 04:26 PM
I think your attorney and HR are winking at each other. Looks like this is a cheapo lawyer. Tell them that you will file H1 extension only if they apply I-140 by premium or else you will go back to India. If you are in consulting and a revenue generating employee this is the best approach. Your employer will be a FOOL not to take you seriously. Also give them a few examples of people who got 3 year extension and ask why not for you?
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nkavjs
12-18 01:36 AM
Hello all:
I have few questions related to my travel plans to India. We will be leaving in January 2009.
We have our Advance Parole and EAD approved till 2009. I-485 is still pending . EB3 India.
My H1B visa stamp is not current or up-to-date on my passport. We have booked our flights with North-west airlines and KLM which will depart from Detroit-Amsterdam-Mumbai. I have few questions pertaining to my travel.
1) Would I still need to get a transit visa for Amsterdam, even though our flight will be halting for few may be 3-4 hours at Amsterdam- Schiphol Airport? If I do have to arrange for Amsterdam transit-visa, then where should I start as far as documentation is concerned.
2) Besides carrying my Passport, Advance parole copies with me, please advise me if I need to carry any more documentation from my end.
3) Would I need a copy of employment letter for visa purpose, or carrying my recent pay-stubs would be fine?
I would appreciate if you could please guide me with the travel related visa -requirements and documentation. Thanks!
RPH
I have few questions related to my travel plans to India. We will be leaving in January 2009.
We have our Advance Parole and EAD approved till 2009. I-485 is still pending . EB3 India.
My H1B visa stamp is not current or up-to-date on my passport. We have booked our flights with North-west airlines and KLM which will depart from Detroit-Amsterdam-Mumbai. I have few questions pertaining to my travel.
1) Would I still need to get a transit visa for Amsterdam, even though our flight will be halting for few may be 3-4 hours at Amsterdam- Schiphol Airport? If I do have to arrange for Amsterdam transit-visa, then where should I start as far as documentation is concerned.
2) Besides carrying my Passport, Advance parole copies with me, please advise me if I need to carry any more documentation from my end.
3) Would I need a copy of employment letter for visa purpose, or carrying my recent pay-stubs would be fine?
I would appreciate if you could please guide me with the travel related visa -requirements and documentation. Thanks!
RPH
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logiclife
12-03 11:31 AM
Do not worry about it. As long as you keep your job, you are fine. I've been thru the same situation, did not do anything special and got my GC.
Its not enough just to be employed. What's even more important is that if and when USCIS sends a query/RFE to find out whether or not you have a future job offer, for which your GC was filed by employer A in first place, you should be able to get your current employer to produce a letter saying "We will hire Mr./Ms XYZ on ABC job with asdkfjdjfkasj description upon him getting green card" something like that.
It doesnt matter where you are working at that time. It could be company B, C, D, E , F or a merged company of above combinations.
Getting such a letter is no big deal in bigger companies, takes one email to HR and they will produce such a letter. But to be on safe side, talk to your current and future employers after using AC21 portability 106(c) that they are comfortable writing such a letter.
If you are on H1 when after using AC21 portability, and if your company gets merged/acquired, I think if the merged entity (new company) has become the successor in interest of the original company (company B) you may not have to file an amendment to H1, as long as your job duties, location of work etc have not changed. (Check with your lawyer please). You can continue on same H1. However, if you are on H1 and if company has been merged/acquired then its safer to get h1 amended or new H1 if you are travelling abroad. (Unless you are going to use AP for re-entry).
But if you are using EAD, then there is nothing to amend, just continue working. EAD doesnt depend on who the employer is, it just is an interim work permit until your adjustment of status is done.
Its not enough just to be employed. What's even more important is that if and when USCIS sends a query/RFE to find out whether or not you have a future job offer, for which your GC was filed by employer A in first place, you should be able to get your current employer to produce a letter saying "We will hire Mr./Ms XYZ on ABC job with asdkfjdjfkasj description upon him getting green card" something like that.
It doesnt matter where you are working at that time. It could be company B, C, D, E , F or a merged company of above combinations.
Getting such a letter is no big deal in bigger companies, takes one email to HR and they will produce such a letter. But to be on safe side, talk to your current and future employers after using AC21 portability 106(c) that they are comfortable writing such a letter.
If you are on H1 when after using AC21 portability, and if your company gets merged/acquired, I think if the merged entity (new company) has become the successor in interest of the original company (company B) you may not have to file an amendment to H1, as long as your job duties, location of work etc have not changed. (Check with your lawyer please). You can continue on same H1. However, if you are on H1 and if company has been merged/acquired then its safer to get h1 amended or new H1 if you are travelling abroad. (Unless you are going to use AP for re-entry).
But if you are using EAD, then there is nothing to amend, just continue working. EAD doesnt depend on who the employer is, it just is an interim work permit until your adjustment of status is done.
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ak_2006
04-30 06:08 PM
5:30 PM: Shumer concludes the hearing saying that it's not going to be easy, but I think we're going to get something done. Thank you.
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retropain
08-18 02:05 PM
what do u mean go back in line? theyare supposed to be processed like that (LC processing is a different creature though)
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immiadvise
12-30 03:11 PM
hi All,
i'm new to this forum.please advice on my situation.
I was on F1 earlier and now I am on H1b from jan 2007.
I am the first person for whom company filed H1B and got approved.
I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
If i go for stamping to mexico, What sort of questions i will be asked?
Please help me ...
Thanks
i'm new to this forum.please advice on my situation.
I was on F1 earlier and now I am on H1b from jan 2007.
I am the first person for whom company filed H1B and got approved.
I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
If i go for stamping to mexico, What sort of questions i will be asked?
Please help me ...
Thanks
more...
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nixstor
09-18 02:37 PM
I dont see any thing related to scientits/researchers on the link you provided. Has it moved? The page I see talks about WU not making double digit profits.
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ppt.b
09-17 08:27 AM
I will be in DC too with two of my other freinds.
Once again lets make it a big success for all of us.
Once again lets make it a big success for all of us.
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chintu25
08-19 05:45 PM
Excellent job guys :)
leoindiano
07-19 08:17 AM
From , it appears that most people got their GC's without any LUD's. May be most cases are preadjucated and there will be only one final status change.
billu
08-24 07:27 AM
it used to be that h4 visa period was counted as part of 6 years of h1b but not any more. But that is not a significant reason to stay on h4 visa.
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