raamskl
07-22 12:28 PM
Hi,
What happens if a EAD is obtained for a person on a h4 visa and the person does not work or works partially? Is that an issue, like bench period being an issue while on H1.
I am thinking that, that should not be an issue as one doesn't need a visa to get back to the country while on EAD, as AP would be available. And potentially bench period turns out to be an issue in H1 becoz consulates tend to look at ur W2's from previous years while u go for stamping, which wouldn't be the case while on EAD. Am I right?
Would anyone know?,, bumping up.
Thank you.
What happens if a EAD is obtained for a person on a h4 visa and the person does not work or works partially? Is that an issue, like bench period being an issue while on H1.
I am thinking that, that should not be an issue as one doesn't need a visa to get back to the country while on EAD, as AP would be available. And potentially bench period turns out to be an issue in H1 becoz consulates tend to look at ur W2's from previous years while u go for stamping, which wouldn't be the case while on EAD. Am I right?
Would anyone know?,, bumping up.
Thank you.
wallpaper quotes about english language
redgreen
09-25 04:52 PM
There are diversity lottery, asylum, etc, options also for gc.
However, the main points of getting us citizenship is described clearly in it.
However, the main points of getting us citizenship is described clearly in it.
pointlesswait
08-01 03:17 PM
just send one thank you card and some flowers..to the senator on behalf of IV!
signed by 20000 forum members....
i dont think calling and thanking him is a good idea!
signed by 20000 forum members....
i dont think calling and thanking him is a good idea!
2011 Free language which is the
Scythe
11-11 07:21 PM
You gave him $800 in return for a $200 prize?
more...
go_guy123
01-26 04:30 PM
If this bill was introduced, we need to meet with lawmaker offices and put pressure on them. Our responsibility is to do our part and leave the outcome to prayers, But not even trying should not be an option. What are we going to loose?
Yes EB situation is so bad that there is nothing to lose
Yes EB situation is so bad that there is nothing to lose
vegasbaby
02-23 12:52 AM
Hi,
Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.
I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.
I am looking for legal expertise here.
Thanks.
Well, yes you can certainly abandon H-1 process & come back on EAD/AP. However, I would try some other consulate first like Hyderabad or Delhi. I believe since you have gone for H-1 extension, you can go to pretty much any consulate in India.
My friend was issued a yellow form 221g or something @ Toronto Consulate. He went to Delhi & got his visa stamped. No questions asked.
But you should wait to check if its PIMS delay. PIMS delays are generally resolved in 2 -3weeks.
Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.
I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.
I am looking for legal expertise here.
Thanks.
Well, yes you can certainly abandon H-1 process & come back on EAD/AP. However, I would try some other consulate first like Hyderabad or Delhi. I believe since you have gone for H-1 extension, you can go to pretty much any consulate in India.
My friend was issued a yellow form 221g or something @ Toronto Consulate. He went to Delhi & got his visa stamped. No questions asked.
But you should wait to check if its PIMS delay. PIMS delays are generally resolved in 2 -3weeks.
more...
sobers
02-08 02:58 PM
Intel chairman calls for immigration reform (Financial Times/ Feb 7, 2005)
http://msnbc.msn.com/id/11221265/
Craig Barrett, chairman of Intel, the world's largest semiconductor maker, called for comprehensive immigration reform to make the US more competitive, during a live question-and-answer session on FT.com.
Mr Barrett, one of a number of technology leaders including Bill Gates to have criticised restrictions on foreign workers in the US, said the first step in simplifying the immigration process would be "to replace the current arbitrary quota system with an open market type approach".
The US's H1-B visa allows foreign engineers and scientists to work on a temporary basis in the US but is capped at 65,000 a year. Mr Barrett said this was inadequate: the current quota had been exhausted and there could be no new admissions until another came into effect in October this year.
Mr Barrett said demand was also greater than supply for green cards that allowed permanent employment, with the cap at 140,000 a year and long processing delays meaning individuals having to wait up to seven years to obtain one.
"These arbitrary caps undercut business's ability to hire and retain the number of highly educated people in the fields where we need to maintain our leading position," he said.
"Instead of arbitrary caps, a market-based approach that responds to demand is needed."
The tabular content relating to this article is not available to view. Apologies in advance for the inconvenience caused.
Mr Barrett was asked by an Intel employee why his company had stopped sponsoring its workers for green cards between 2001 and 2004. The Intel chairman said this was during the longest and deepest recession in the semiconductor industry. It had been waiting for business conditions to improve before resuming the process.
"We should just staple a green card to every advanced degree granted to a foreign national from a US university in science and engineering," he said in another answer.
Mr Barrett also advocated improvements in the US education system to make America more competitive in technology fields.
"Today, we compare ourselves to our neighbours � California to Arizona, Texas to Florida, etc. We do not compare ourselves to the rest of the world and recognise that the bar of achievement, the level necessary for competitiveness is continually being raised."
Craig Barrett: America should open its doors wide to foreign talent
--------
IV Moderators- please use this information in your presentations.
http://msnbc.msn.com/id/11221265/
Craig Barrett, chairman of Intel, the world's largest semiconductor maker, called for comprehensive immigration reform to make the US more competitive, during a live question-and-answer session on FT.com.
Mr Barrett, one of a number of technology leaders including Bill Gates to have criticised restrictions on foreign workers in the US, said the first step in simplifying the immigration process would be "to replace the current arbitrary quota system with an open market type approach".
The US's H1-B visa allows foreign engineers and scientists to work on a temporary basis in the US but is capped at 65,000 a year. Mr Barrett said this was inadequate: the current quota had been exhausted and there could be no new admissions until another came into effect in October this year.
Mr Barrett said demand was also greater than supply for green cards that allowed permanent employment, with the cap at 140,000 a year and long processing delays meaning individuals having to wait up to seven years to obtain one.
"These arbitrary caps undercut business's ability to hire and retain the number of highly educated people in the fields where we need to maintain our leading position," he said.
"Instead of arbitrary caps, a market-based approach that responds to demand is needed."
The tabular content relating to this article is not available to view. Apologies in advance for the inconvenience caused.
Mr Barrett was asked by an Intel employee why his company had stopped sponsoring its workers for green cards between 2001 and 2004. The Intel chairman said this was during the longest and deepest recession in the semiconductor industry. It had been waiting for business conditions to improve before resuming the process.
"We should just staple a green card to every advanced degree granted to a foreign national from a US university in science and engineering," he said in another answer.
Mr Barrett also advocated improvements in the US education system to make America more competitive in technology fields.
"Today, we compare ourselves to our neighbours � California to Arizona, Texas to Florida, etc. We do not compare ourselves to the rest of the world and recognise that the bar of achievement, the level necessary for competitiveness is continually being raised."
Craig Barrett: America should open its doors wide to foreign talent
--------
IV Moderators- please use this information in your presentations.
2010 love quotes in english.
FredG
May 28th, 2007, 12:08 PM
Don't get discouraged, Lee. Sensor dust is part of the game, and we all have to deal with it.
If you haven't read about it yet, the generally accepted way to "see" the dust is to take a shot of a non-textured light object (I use the ceiling, or a clear sky). Put it in manual, set to a low iso, stop the aperture down to f/16 or even more, adjust ss for proper exposure (may be several seconds, but no problem if you are shooting a texture-less target.) Then you can zoom way in on the image and scout around to see the crud. This is a good way to check after you clean to see if you really got it all.
When cleaning, always try the least intrusive method first. I try the blower several times first. If there is still stuff left, I go in with the arctic butterfly. If there is still junk in the same spot after several passes, it is likely stuck there and I go after it with the lens pen. If it is not in the same spot, it is not stuck, so I keep after it with the brush followed by the blower.
If you haven't read about it yet, the generally accepted way to "see" the dust is to take a shot of a non-textured light object (I use the ceiling, or a clear sky). Put it in manual, set to a low iso, stop the aperture down to f/16 or even more, adjust ss for proper exposure (may be several seconds, but no problem if you are shooting a texture-less target.) Then you can zoom way in on the image and scout around to see the crud. This is a good way to check after you clean to see if you really got it all.
When cleaning, always try the least intrusive method first. I try the blower several times first. If there is still stuff left, I go in with the arctic butterfly. If there is still junk in the same spot after several passes, it is likely stuck there and I go after it with the lens pen. If it is not in the same spot, it is not stuck, so I keep after it with the brush followed by the blower.
more...
bigboy007
10-30 05:54 PM
bumping up - any inputs please
hair punjabi love quotes in english
das0
05-27 10:38 PM
What is the Cut off date for EB candidates for the proposed CIR Bill > May 21 2005 or May 21 2007 ???
more...
snhn
09-27 09:59 AM
I am not very well informed legally, but sometime back we had a meeting with our company immigration lawyers and they said once filed, the catagories can't
be changed.
so why dont you look at the palnets and tell us what the futre hold for us.. you are doing on astroqury.com
Lets see what the future holds for us.
be changed.
so why dont you look at the palnets and tell us what the futre hold for us.. you are doing on astroqury.com
Lets see what the future holds for us.
hot quotes about english language
macml
01-13 02:05 AM
Hi,
My wife's I-485 is currently pending. Along with the I-485, an I-131, and I-765application was filed on July 31, 2007. As you know, the process time frame for the I-131 is 90 days. The I-131 was being a bit delayed due to the amount of fillings from the new fee increases. Over 120 days later in mid Dec. I still had not received confirmation.
Unfortunately, I just purchased tickets to travel overseas to visit family and friends for after Christmas. I emailed my immigration lawyer about the status and they only said that it's still pending.
Over a period of a few days my wife and I contacted USCIS to check on the status, and we found out that there was an error on her date of birth. That very day the date of birth was corrected and the I-131 was expedited and we received the documents in time to travel a few days later.
The immigration lawyer says that the error in the date of birth had little to none effect on why the I-131 was delayed. Instead he believes the delay was because he didn't receive tax documents from me till Dec. 4., which he believes is why the I-131 and I-765 was approved on the same day.
However, I asked for a fee reduction due to his lack of service. Due I have a valid argument? Any thoughts welcomed!
My wife's I-485 is currently pending. Along with the I-485, an I-131, and I-765application was filed on July 31, 2007. As you know, the process time frame for the I-131 is 90 days. The I-131 was being a bit delayed due to the amount of fillings from the new fee increases. Over 120 days later in mid Dec. I still had not received confirmation.
Unfortunately, I just purchased tickets to travel overseas to visit family and friends for after Christmas. I emailed my immigration lawyer about the status and they only said that it's still pending.
Over a period of a few days my wife and I contacted USCIS to check on the status, and we found out that there was an error on her date of birth. That very day the date of birth was corrected and the I-131 was expedited and we received the documents in time to travel a few days later.
The immigration lawyer says that the error in the date of birth had little to none effect on why the I-131 was delayed. Instead he believes the delay was because he didn't receive tax documents from me till Dec. 4., which he believes is why the I-131 and I-765 was approved on the same day.
However, I asked for a fee reduction due to his lack of service. Due I have a valid argument? Any thoughts welcomed!
more...
house the English language and
a_yaja
07-19 09:56 AM
I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.
He can always file an amendment and pay up the money. In the amendment - he can state that he took the credit by mistake. Not sure if there is a time limit for filing amendment if you have to pay money. I know that there is a three year limit if you want to file for amendment and want to get a return/ refund.
He can always file an amendment and pay up the money. In the amendment - he can state that he took the credit by mistake. Not sure if there is a time limit for filing amendment if you have to pay money. I know that there is a three year limit if you want to file for amendment and want to get a return/ refund.
tattoo love quotes in english.
raysaikat
01-10 10:08 AM
No I am not a research fellow. Just Telecomm Engineer who has Master's Degree from US. I just interpreted Research Item in 221G Green Document as my Thesis work and explained it in the research statement along with the other documents.
D
That probably was unnecessary and may triggered the additional check due to export control of high end researches.
D
That probably was unnecessary and may triggered the additional check due to export control of high end researches.
more...
pictures the English language
gc_maine2
05-14 12:39 PM
Workvisasforall thanks for your response.
Hi workvisaforall,
I am applying for renewal (paper based) for EAD and AP for both myself and mywife. IS it best to send all the documents ( EAD, AP and related docs) for both of us) in one single packet to USCIS or its best to send each appliction separately? any inputs will be appreciated.
Thanks
sree
QUOTE=workvisasforall;241596]apahilaj-
Please see responses below in color.
Good luck![/QUOTE]
Hi workvisaforall,
I am applying for renewal (paper based) for EAD and AP for both myself and mywife. IS it best to send all the documents ( EAD, AP and related docs) for both of us) in one single packet to USCIS or its best to send each appliction separately? any inputs will be appreciated.
Thanks
sree
QUOTE=workvisasforall;241596]apahilaj-
Please see responses below in color.
Good luck![/QUOTE]
dresses English Language Love Quotes
indyanguy
01-18 01:00 PM
diptam - Thanks for the reply. The letters I had sent earlier is very similar to the template of the letter you posted. I am going to get new letters and send them over. Hopefully, it will get me out of this crazy 140 delay.
getrdone - By the labor application, I assume you are talking about the approved labor certificate that lists the experience and skills? If so, yes I do have a copy of it and will be including this language in the letters.
By the way, is it required to send 2 letters from each employer?
getrdone - By the labor application, I assume you are talking about the approved labor certificate that lists the experience and skills? If so, yes I do have a copy of it and will be including this language in the letters.
By the way, is it required to send 2 letters from each employer?
more...
makeup English language love quotes
Blog Feeds
06-25 01:20 AM
VIA USCIS
Introduction
U.S. Citizenship and Immigration Services (USCIS) is seeking public comment on a proposed federal rule that would adjust fees for immigration benefit applications and petitions.* The proposal, posted to the*Federal Register (http://edocket.access.gpo.gov/2010/2010-13991.htm)*on June 11, 2010 for public viewing, would increase overall fees by a weighted average of about 10 percent but would not increase the fee for the naturalization application.
Background
USCIS is a fee-based organization with about 90 percent of its budget coming from fees paid by applicants and petitioners to obtain immigration benefits.* The law requires USCIS to conduct fee reviews every two years to determine whether it is recovering its costs to administer the nation�s immigration laws, process applications, and provide the infrastructure needed to support those activities.* This proposed rule results from a comprehensive fee review begun in 2009.*********
USCIS�s fee revenue in fiscal years 2008 and 2009 was much lower than projected, and fee revenue in fiscal year 2010 remains low.* While USCIS did receive appropriations from Congress, budget cuts of approximately $160 million have not bridged the remaining gap between costs and anticipated revenue.* A fee adjustment, as detailed in the proposed rule, is necessary to ensure USCIS recovers the costs of its operations while also meeting the application processing goals identified in the 2007 fee rule.*
Highlights of 2010 Proposed Fee Rule
The proposed fee rule would increase the average application and petition fees by approximately 10 percent.
Understanding the unique importance of naturalization, USCIS is proposing that the naturalization application fee not be increased.
The proposed rule would establish three new fees for:
Regional center designation under the Immigrant Investor Pilot Program (EB-5);
Individuals seeking civil surgeon designation; and
Recovery of the cost of processing immigrant visas granted by the Department of State.
The rule also proposes to adjust fees for the premium processing service.* This would ensure that USCIS can continue to modernize to become a more efficient and effective organization.
The proposed fee structure also reduces fees for five individual applications and petitions as a result of lower processing costs:
Petition for Alien Fianc� (Form I-129F);
Application to Extend/Change Nonimmigrant Status (Form I-539);
Application to Adjust Status From Temporary To Permanent Resident (Form I-698);
Application for Family Unity Benefits (Form I-817); and
Application for Replacement Naturalization/Citizenship Document (Form N-565).*
Current and Proposed Immigration Fees
Application/Petition Description*
Current Fees*
Proposed Fees
I-90 Application to Replace Permanent Resident Card
$290
$365
I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document $320 $330 I-129 Petition for a Nonimmigrant worker $320 $325 I-129F Petition for Alien Fiance(e) $455 $340 I-130 Petition for Alien Relative $355 $420 I-131 Application for Travel Document $305 $360 I-140 Immigrant Petition for Alien Worker $475 $580 I-290B Notice of Appeal or Motion $585 $630 I-360 Petition for Amerasian, Widow(er) or Special Immigrant $375 $405 I-485 Application to Register Permanent Residence or Adjust Status $930 $985 I-526 Immigrant Petition by Alien Entrepreneur $1,435 $1,500 I-539 Application to Extend/Change Nonimmigrant Status $300 *$290 I-600/600A Orphan Petitions $670 $720 I-687 Application for Status as a Temporary Resident $710 $1,130 I-690 Application for Waiver on Grounds of Inadmissibility $185 $200 I-694 Notice of Appeal of Decision $545 $755 I-698 Application to Adjust Status From Temporary to Permanent Resident $1,370 $1,020 I-751 Petition to Remove Conditions on Residence $465 $505 I-765 Application for Employment Authorization $340 $380 I-817 Application for Family Unity Benefits $440 $435 I-824 Application for Action on an Approved Application or Petition $340 $405 I-829 Petition by Entrepreneur to Remove Conditions $2,850 $3,750 Civil Surgeon Designation* *$0** $615 I-924 Application for Regional Center Under the Immigrant Investor Pilot Program *$0 $6,230 N-300 Application to File Declaration of Intention* $235 $250 N-336 Request for Hearing on a Decision in Naturalization Proceedings $605 $650 N-400 Application for Naturalization $595 $595 N-470 Application to Preserve Residence for Naturalization Purposes $305 $330 N-565 Application for Replacement Naturalization/Citizenship Document $380 $345 N-600/N-600K Naturalization Certificate Applications $460 *$600 Waiver Forms (I-191, I-192, I-193, I-212, I-601, I-612) $545 $585 Immigrant Visa* $0 $165 Biometric Services $80 $85
Last updated:06/09/2010
More... (http://ashwinsharma.com/2010/06/24/uscis-seeks-public-comment-on-proposal-to-adjust-fees-for-immigration-benefits-fact-sheet.aspx?ref=rss)
Introduction
U.S. Citizenship and Immigration Services (USCIS) is seeking public comment on a proposed federal rule that would adjust fees for immigration benefit applications and petitions.* The proposal, posted to the*Federal Register (http://edocket.access.gpo.gov/2010/2010-13991.htm)*on June 11, 2010 for public viewing, would increase overall fees by a weighted average of about 10 percent but would not increase the fee for the naturalization application.
Background
USCIS is a fee-based organization with about 90 percent of its budget coming from fees paid by applicants and petitioners to obtain immigration benefits.* The law requires USCIS to conduct fee reviews every two years to determine whether it is recovering its costs to administer the nation�s immigration laws, process applications, and provide the infrastructure needed to support those activities.* This proposed rule results from a comprehensive fee review begun in 2009.*********
USCIS�s fee revenue in fiscal years 2008 and 2009 was much lower than projected, and fee revenue in fiscal year 2010 remains low.* While USCIS did receive appropriations from Congress, budget cuts of approximately $160 million have not bridged the remaining gap between costs and anticipated revenue.* A fee adjustment, as detailed in the proposed rule, is necessary to ensure USCIS recovers the costs of its operations while also meeting the application processing goals identified in the 2007 fee rule.*
Highlights of 2010 Proposed Fee Rule
The proposed fee rule would increase the average application and petition fees by approximately 10 percent.
Understanding the unique importance of naturalization, USCIS is proposing that the naturalization application fee not be increased.
The proposed rule would establish three new fees for:
Regional center designation under the Immigrant Investor Pilot Program (EB-5);
Individuals seeking civil surgeon designation; and
Recovery of the cost of processing immigrant visas granted by the Department of State.
The rule also proposes to adjust fees for the premium processing service.* This would ensure that USCIS can continue to modernize to become a more efficient and effective organization.
The proposed fee structure also reduces fees for five individual applications and petitions as a result of lower processing costs:
Petition for Alien Fianc� (Form I-129F);
Application to Extend/Change Nonimmigrant Status (Form I-539);
Application to Adjust Status From Temporary To Permanent Resident (Form I-698);
Application for Family Unity Benefits (Form I-817); and
Application for Replacement Naturalization/Citizenship Document (Form N-565).*
Current and Proposed Immigration Fees
Application/Petition Description*
Current Fees*
Proposed Fees
I-90 Application to Replace Permanent Resident Card
$290
$365
I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document $320 $330 I-129 Petition for a Nonimmigrant worker $320 $325 I-129F Petition for Alien Fiance(e) $455 $340 I-130 Petition for Alien Relative $355 $420 I-131 Application for Travel Document $305 $360 I-140 Immigrant Petition for Alien Worker $475 $580 I-290B Notice of Appeal or Motion $585 $630 I-360 Petition for Amerasian, Widow(er) or Special Immigrant $375 $405 I-485 Application to Register Permanent Residence or Adjust Status $930 $985 I-526 Immigrant Petition by Alien Entrepreneur $1,435 $1,500 I-539 Application to Extend/Change Nonimmigrant Status $300 *$290 I-600/600A Orphan Petitions $670 $720 I-687 Application for Status as a Temporary Resident $710 $1,130 I-690 Application for Waiver on Grounds of Inadmissibility $185 $200 I-694 Notice of Appeal of Decision $545 $755 I-698 Application to Adjust Status From Temporary to Permanent Resident $1,370 $1,020 I-751 Petition to Remove Conditions on Residence $465 $505 I-765 Application for Employment Authorization $340 $380 I-817 Application for Family Unity Benefits $440 $435 I-824 Application for Action on an Approved Application or Petition $340 $405 I-829 Petition by Entrepreneur to Remove Conditions $2,850 $3,750 Civil Surgeon Designation* *$0** $615 I-924 Application for Regional Center Under the Immigrant Investor Pilot Program *$0 $6,230 N-300 Application to File Declaration of Intention* $235 $250 N-336 Request for Hearing on a Decision in Naturalization Proceedings $605 $650 N-400 Application for Naturalization $595 $595 N-470 Application to Preserve Residence for Naturalization Purposes $305 $330 N-565 Application for Replacement Naturalization/Citizenship Document $380 $345 N-600/N-600K Naturalization Certificate Applications $460 *$600 Waiver Forms (I-191, I-192, I-193, I-212, I-601, I-612) $545 $585 Immigrant Visa* $0 $165 Biometric Services $80 $85
Last updated:06/09/2010
More... (http://ashwinsharma.com/2010/06/24/uscis-seeks-public-comment-on-proposal-to-adjust-fees-for-immigration-benefits-fact-sheet.aspx?ref=rss)
girlfriend punjabi love quotes in english
rajmirk
04-08 09:51 PM
ANyone has any links?
Thanks in advance,
Thanks in advance,
hairstyles love quotes in english
JunRN
01-27 06:42 AM
With the July filers coming into the picture, I think TSC and NSC will stick to the current trend. TSC will still be processing i-140 within 6 months and NSC within 10 to 12 months.
However, it will be totally different matter for i-485 as USCIS will prioritize processing those with "current" PD.
However, it will be totally different matter for i-485 as USCIS will prioritize processing those with "current" PD.
coolpal
03-27 12:33 PM
Hi,
I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:
I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.
In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...
What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?
My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.
I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,
Any productive feedback is highly appreciated...
pal :)
I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:
I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.
In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...
What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?
My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.
I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,
Any productive feedback is highly appreciated...
pal :)
mariner5555
02-08 01:14 PM
Thanks for the info. but is it 180 days or 120 --there was a thread that said it has become 120 days before expiry or else it is getting denied ??
No comments:
Post a Comment