cdeneo
03-26 10:01 PM
Why would an entry on AP not apply here?
also gap in employement when on AOS should not be a problem given GC is for future employment and as long as your employer can give an EVL when required with the necessary info. Right?
Have you gone out of the country and came back to USA on H1B visa after that ?
If so, you are safe. Status is checked from the last lawful entry into US ( entry using AP does not help).
also gap in employement when on AOS should not be a problem given GC is for future employment and as long as your employer can give an EVL when required with the necessary info. Right?
Have you gone out of the country and came back to USA on H1B visa after that ?
If so, you are safe. Status is checked from the last lawful entry into US ( entry using AP does not help).
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immigrationvoice1
11-29 04:55 PM
I got my H4 stamped first and then applied for H1 while in India. Travelled to US on H4. This is the reason why I cannot work in US without stamping.
I am not too sure if USCIS would ask questions when I apply for h1B again in future through another company, about my not using my previous H1 aprooval for working in US.
The line in bold above is NOT TRUE. You can work in the USA with the approved H1B even if it is not stamped and even if you arrived using H4. All you need is a SSN along with the approved H1B to start working.
I am not too sure if USCIS would ask questions when I apply for h1B again in future through another company, about my not using my previous H1 aprooval for working in US.
The line in bold above is NOT TRUE. You can work in the USA with the approved H1B even if it is not stamped and even if you arrived using H4. All you need is a SSN along with the approved H1B to start working.
WillIBLucky
12-13 12:58 PM
That was my thought process too. If the immigration systems is corrected then I believe EB3 and EB2 will become current. Then it does not make a difference. Even late 90's the retrogression was there for both Eb2 and Eb3. IN 1999 they opened up for Y2K and then again retrogressed in 2001-2002 I believe. But again after that it was all current till the current retrogression.
Given the gross uncertainity about retrogression and GC, I would not give undue importance to the GC timeline factor. Eventually job / skills are more important than the distant GC.
I was in a similar situation a few months back. I abandoned my GC process with my former employer for a new and much more promising job. I am yet to start the GC process with the new employer. For me JOB was the deciding factor.
My reasoning was simple:
In the current scenario with a broken immigration system if we are to maintain our sanity and move on in our careers he, we have to stop thinking that GC is above everything. Work on it as much as you can, but do not trade it in for good career moves.
Do what you feel is best for you and what you can make peace with. My 2 cents..
Given the gross uncertainity about retrogression and GC, I would not give undue importance to the GC timeline factor. Eventually job / skills are more important than the distant GC.
I was in a similar situation a few months back. I abandoned my GC process with my former employer for a new and much more promising job. I am yet to start the GC process with the new employer. For me JOB was the deciding factor.
My reasoning was simple:
In the current scenario with a broken immigration system if we are to maintain our sanity and move on in our careers he, we have to stop thinking that GC is above everything. Work on it as much as you can, but do not trade it in for good career moves.
Do what you feel is best for you and what you can make peace with. My 2 cents..
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apahilaj
03-25 01:59 PM
Is this true?
http://www..com/discussion-forums/i485-1/86900247/
http://www..com/discussion-forums/i485-1/86900247/
more...
godspeed
01-06 09:19 AM
very good advice
thanks for sharing this info
I just got back from India 2 days ago using AP. I am no longer on H1-B. My port of entry was philadelphia.
Initially, our finger prints and photos were taken and sent to Secondary inspection.Usually anyone using AP to enter will be subject to secondary inspection. At the secondary inspection after verifying our AP , the officer put a seal saying AOS with a date on the AP and I-94. They will retain one copy of the AP and return one back to you. Passport and un-expired AP(both copies) was all that was needed.
When you first approach the Immigration officer let him know that you are using Advance Parole.
Surrender all your i-94s while leaving. Make a copy for your records (both sides).
I was also prepared with a letter from my employer stating that i am working as .... since ....... Just a 2 sentence employement letter from my HR and carrried copies of my recent pay stubs. Also kept my i-485 receipt letter and i-140 approval letters. All these are supporting documents. Its good to carry them if they inquire more.
The immigration officers were very friendly. No issues or concerns. Nothing to worry. i have changed jobs twice using my EAD now.
Word of advise. when talking to the immigration officer, keep your sentences short and to the point. Smile and greet when you meet. Try not using abreviations for example AP. Say 'Advance Parole'.
thanks for sharing this info
I just got back from India 2 days ago using AP. I am no longer on H1-B. My port of entry was philadelphia.
Initially, our finger prints and photos were taken and sent to Secondary inspection.Usually anyone using AP to enter will be subject to secondary inspection. At the secondary inspection after verifying our AP , the officer put a seal saying AOS with a date on the AP and I-94. They will retain one copy of the AP and return one back to you. Passport and un-expired AP(both copies) was all that was needed.
When you first approach the Immigration officer let him know that you are using Advance Parole.
Surrender all your i-94s while leaving. Make a copy for your records (both sides).
I was also prepared with a letter from my employer stating that i am working as .... since ....... Just a 2 sentence employement letter from my HR and carrried copies of my recent pay stubs. Also kept my i-485 receipt letter and i-140 approval letters. All these are supporting documents. Its good to carry them if they inquire more.
The immigration officers were very friendly. No issues or concerns. Nothing to worry. i have changed jobs twice using my EAD now.
Word of advise. when talking to the immigration officer, keep your sentences short and to the point. Smile and greet when you meet. Try not using abreviations for example AP. Say 'Advance Parole'.
venky08
07-28 05:07 PM
quite interesting find...do you have a reference?
Even though India is by far the country of birth with the most high skilled immigrants to the US, it still takes up less than half of the number of high skilled immigrants. By some discussions going on on this forum, you would think 95% of the high skilled immigrants come from India.
Even though India is by far the country of birth with the most high skilled immigrants to the US, it still takes up less than half of the number of high skilled immigrants. By some discussions going on on this forum, you would think 95% of the high skilled immigrants come from India.
more...
satyasrd
06-01 09:31 AM
I agree and believe we can get #3 passed. It will provide relief to thousands like myself who have to struggle to maintain a status.
I have asked this question several times to IV/Pappu but got no response. Is is possible to ask for this provision asap ? We know that IV is working on a bigger cause to get us all GC's but honestly no one is sure when and if CIR will happen. Even if it does no one can guarantee that our interests will not be put aside.
I am surprised that whenever I ask for this temporary relief, I see no one else coming forward. I know that there are thousands waiting to file their I-485 but no one wants to speak up ?! That's very disheartening !
Even if we can get one of these, especially, Item #3 passed will provide relief to many candidates.
For example, we can request Congress to amend to "Allow USCIS to issue 3 year EAD along with I140 Approval."
Can IV help pass this request on Advocacy days?
I have asked this question several times to IV/Pappu but got no response. Is is possible to ask for this provision asap ? We know that IV is working on a bigger cause to get us all GC's but honestly no one is sure when and if CIR will happen. Even if it does no one can guarantee that our interests will not be put aside.
I am surprised that whenever I ask for this temporary relief, I see no one else coming forward. I know that there are thousands waiting to file their I-485 but no one wants to speak up ?! That's very disheartening !
Even if we can get one of these, especially, Item #3 passed will provide relief to many candidates.
For example, we can request Congress to amend to "Allow USCIS to issue 3 year EAD along with I140 Approval."
Can IV help pass this request on Advocacy days?
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Rajeev
08-10 03:23 PM
I hope I am DEAD WRONG. But this seems too good to be true!
You can read the details of the bill at
Text of H.R.5658 as Introduced in House: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/text)
Apart from the provisions mentioned in my previous post, there are other favorable provisions too.
You can read the details of the bill at
Text of H.R.5658 as Introduced in House: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/text)
Apart from the provisions mentioned in my previous post, there are other favorable provisions too.
more...
tnite
03-17 01:05 PM
Hi Friends,
I have a confusing situation here. Hope someone can help me with this. This is a bit complicated so please bear with me.
I fall under ROW. My first LC was filed in Feb 2005 under RIR and it was in BEC for a long time. So my company filed another LC under PERM in March 2007 which was approved very quickly and I-140 was filed for that.
Then in April 2007 the first LC (PD Feb 2005) was approved and we filed an I-140 for that as well. This was converted to PP and was approved very quickly.
Then in June 07 when my Feb 2005 PD became current we filed for 485 based on that older LC. However in the receipt notice the Priority Date box was blank which I did not notice till yesterday.
My other I-140 with PD March 2007 was pending till Jan 2008 and was approved in mid January. On the same day it was approved I noticed a soft LUD on my pending I-485 which has nothing to do with that I-140.
Now my question is, is it possible that USCIS mistakenly linked my recently approved I-140 (PD Mar 2007) to the pending I-1485? Is that possible? The reason for this worry is the soft LUD that saw on my 485 as mentioned above and the fact that my 485 receipt notice does not have a PD printed on it.
Is there anyway that I can verify which PD is linked to my 485 by contacting USCIS? I have heard of INFOPASS, would that help? If so how can I get an appointment? If as I suspect , the 485 is now linked to the wrong PD, is it difficult to have it corrected? Please let me know.
Also is it common to have the PD box blank in the 485 receipt notice?
Thanks in Advance!!!!!
When you filed I485 , you have to send a copy of the I140. If you had sent in the one with the old PD then thats what USCIS will go by.
Call USCIS custonmer service and see what they tell you.
I have a confusing situation here. Hope someone can help me with this. This is a bit complicated so please bear with me.
I fall under ROW. My first LC was filed in Feb 2005 under RIR and it was in BEC for a long time. So my company filed another LC under PERM in March 2007 which was approved very quickly and I-140 was filed for that.
Then in April 2007 the first LC (PD Feb 2005) was approved and we filed an I-140 for that as well. This was converted to PP and was approved very quickly.
Then in June 07 when my Feb 2005 PD became current we filed for 485 based on that older LC. However in the receipt notice the Priority Date box was blank which I did not notice till yesterday.
My other I-140 with PD March 2007 was pending till Jan 2008 and was approved in mid January. On the same day it was approved I noticed a soft LUD on my pending I-485 which has nothing to do with that I-140.
Now my question is, is it possible that USCIS mistakenly linked my recently approved I-140 (PD Mar 2007) to the pending I-1485? Is that possible? The reason for this worry is the soft LUD that saw on my 485 as mentioned above and the fact that my 485 receipt notice does not have a PD printed on it.
Is there anyway that I can verify which PD is linked to my 485 by contacting USCIS? I have heard of INFOPASS, would that help? If so how can I get an appointment? If as I suspect , the 485 is now linked to the wrong PD, is it difficult to have it corrected? Please let me know.
Also is it common to have the PD box blank in the 485 receipt notice?
Thanks in Advance!!!!!
When you filed I485 , you have to send a copy of the I140. If you had sent in the one with the old PD then thats what USCIS will go by.
Call USCIS custonmer service and see what they tell you.
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AB1275
12-13 12:09 AM
At what stage of the green card process should I be in to be eligible for my H1 to be extended after my 6th year?
Refile as what lawyer says, get new H1. That will give you some breathing room. If you see that current financial problem may jeopardize the new GC process as well, then you should switch over.
I assume this lawyer is hired by the company. So he will never advise you to make a move. It is you who have to look at all the options and see if it makes sense.
Refile as what lawyer says, get new H1. That will give you some breathing room. If you see that current financial problem may jeopardize the new GC process as well, then you should switch over.
I assume this lawyer is hired by the company. So he will never advise you to make a move. It is you who have to look at all the options and see if it makes sense.
more...
GCEB2
09-20 09:01 PM
Hi... Can any one tell me which are the afforable places in California to buy home. It can be town home or single family homes, Bet 300k to 400k.
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iptel
05-18 03:26 PM
Great work IV core team! EB immigration will be benefited by the work done by IV core team sooner or later. Keep it up!!
One will wonder that Indian Government will do something as the India and her economy are benefited by EB immigration big time in last decade. In the global economy the overseas workers are the greatest strength India has and as usual they are completely ignoring the problems faced by EB immigrants in the USA.
Just a thought,
Involving India or any other foreign Government is not a good idea. It can result to severe backlash.
One will wonder that Indian Government will do something as the India and her economy are benefited by EB immigration big time in last decade. In the global economy the overseas workers are the greatest strength India has and as usual they are completely ignoring the problems faced by EB immigrants in the USA.
Just a thought,
Involving India or any other foreign Government is not a good idea. It can result to severe backlash.
more...
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dan19
09-12 01:52 PM
Isn't it done before LC filing?
We need to start recruitment process. For this it requires job advertisements for 5 weeks in a row, complete the recruitment process.
We need to start recruitment process. For this it requires job advertisements for 5 weeks in a row, complete the recruitment process.
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cox
June 16th, 2005, 10:14 PM
#1 is really good. The eye in #2 is too much in shadow, and what highlight in the eye that can be brought out looks strange (some angular reflection visible in Nik's version). Also, the white wing blaze is center frame, and pulls your eye from the face.
Besides the better pose etc. of #1, the eye contact is much better, and that makes the shot, IMHO. Dark animals, especially birds with high contrast plumage are really hard to shoot, and you got him in #1.
Besides the better pose etc. of #1, the eye contact is much better, and that makes the shot, IMHO. Dark animals, especially birds with high contrast plumage are really hard to shoot, and you got him in #1.
more...
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pkv
06-03 02:15 AM
Though I sent webfaxes, But I am not very convinced.
Its same text in every fax. Its not personalized.
For senatores it will be a spam kind of thing. So many faxes with just different name but same text.
I am not also happy about language. Its not very effective!!!
Its same text in every fax. Its not personalized.
For senatores it will be a spam kind of thing. So many faxes with just different name but same text.
I am not also happy about language. Its not very effective!!!
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chanduv23
04-21 03:11 PM
Gurus,
I went to infopass today. Last time when I went infopass in Oct 08, I was told that my namecheck is pending. I wanted to see whether any progress has been made on that,so took an infopass. When I asked the IO about the status of my namecheck, I was told that one namecheck is clear but the other is pending. I specifically asked her to look by my A # as I thought she might be referring to dependants namecheck status. But she replied back stating that there could be multiple namechecks for an individual and it is not unusual for some individuals to have three, four namechecks. And in my case as one of them is clear, they probably will go with cleared one.
Now I am confused. Can there be multiple namechecks initiated at around the same timeframe? I was told both the namechecks were initiated in 07.
If you think the infopass was not very helpful and need more information - usually you can try going through your congressman's offiice. You can either visit them or call them and write a letter explaining your problem and confusion. Some of these offices will ask you to fill out a form that deals with privacy act. These offices can help give you exact status of your case.
Alternately, if you thhink IO at infopass was not being hepful, you may want to contact the Ombudsman's office, they also try to help in such cases.
I went to infopass today. Last time when I went infopass in Oct 08, I was told that my namecheck is pending. I wanted to see whether any progress has been made on that,so took an infopass. When I asked the IO about the status of my namecheck, I was told that one namecheck is clear but the other is pending. I specifically asked her to look by my A # as I thought she might be referring to dependants namecheck status. But she replied back stating that there could be multiple namechecks for an individual and it is not unusual for some individuals to have three, four namechecks. And in my case as one of them is clear, they probably will go with cleared one.
Now I am confused. Can there be multiple namechecks initiated at around the same timeframe? I was told both the namechecks were initiated in 07.
If you think the infopass was not very helpful and need more information - usually you can try going through your congressman's offiice. You can either visit them or call them and write a letter explaining your problem and confusion. Some of these offices will ask you to fill out a form that deals with privacy act. These offices can help give you exact status of your case.
Alternately, if you thhink IO at infopass was not being hepful, you may want to contact the Ombudsman's office, they also try to help in such cases.
more...
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americandesi
10-26 02:29 AM
You're right. Something got busted for sure. Admin, please look into this.
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delhirocks
06-17 12:11 PM
Why do you think the bill will be passed? It is very tough. Even Senate passes it is tough in House. Also it may not be passed in current form. Even current form is passed you will get gc faster than the people who are filing I485 now. Because most of the persons like you already filed I 485 you can file by point system and you will get soon as you have 5 years US experience.
Now nothing is negative so for but we do not know what tomorrow brings. Do not assume anything till anything is confirmed
Iam in the same boat, Iam on my 5th year H1. Senthil...I guess the point the original poster is trying to make is there are few of us who will be stuck in the middle. Our LC filing date will be after May15th'07 and the 6th year H1 gets over before Oct'08.
Now nothing is negative so for but we do not know what tomorrow brings. Do not assume anything till anything is confirmed
Iam in the same boat, Iam on my 5th year H1. Senthil...I guess the point the original poster is trying to make is there are few of us who will be stuck in the middle. Our LC filing date will be after May15th'07 and the 6th year H1 gets over before Oct'08.
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binadh
07-09 01:44 PM
I have made several attempts to get my money back from my previous lawyer without any success. After complaining about his services, he has sent me an email saying the he will return half of the money because he was not prompt on processing my case and I was not happy with his services. I received that email about 6 weeks ago and haven't seen a dime from him yet. And I do not think I will get my money back from this guy. This was paid for creating my job profile and filing the labor - what this bastard calls an initial retention.
Is there any specific website/forum where I can post my experience with this guy so that others will not take their business to this scammer. Please let us know if there is anything that we can do about this type of guys?
Is there any specific website/forum where I can post my experience with this guy so that others will not take their business to this scammer. Please let us know if there is anything that we can do about this type of guys?
komaragiri
07-28 12:18 PM
My prediction for this year..
EB1 = Current
EB2 = Jan 2003 (Because of BEC cases coming out, chance for them to file I-485 in October)
EB3 = U
EB1 = Current
EB2 = Jan 2003 (Because of BEC cases coming out, chance for them to file I-485 in October)
EB3 = U
vegasbaby
02-19 07:06 PM
All,
Even though there are other threads on this topic, I wanted to start a separate thread, as I had some unique questions. I am at the zenith of frustration and at the age of 37, I feel like my career is slipping away while waiting for GC :(
My employment scenario:
- Been with the current employer since Jan 2001
- Less than 5 years experience before I joined the current employer
- Have an MBA that was not used to the GC application (applied in July 2003) since I was a programmer at the time of GC application
My GC scenario:
- Applied for GC in July 2003 under EB3
- Applied for I-485 in July 2007
- Approved I140 and EAD in hand
- Even though I have EAD, I continue to use my H1
My new role in the job:
- After being in the job for as long as I have been, I am now doing Business Development that makes use of my MBA
My questions:
1) Lawyer asked me to wait it out for the GC instead of trying to convert the application to GC2. Lawyer says new labor applications are getting under scrutiny a lot more than before and he think it is prudent to wait. Is this reasonable?
2) What are my other options - do you think I can ask my employer to apply fresh EB2 application for the business development role and show my MBA? Not sure if they will agree to my request, but wanted to make sure that it is even possible to do that.
3) Can I change my job based on H1? Or change the job based on EAD? If either way I change my job, can I then ask the new employer to apply for my GC under EB2? If I change the job, and if my current employer agrees (I don't why he would, but just for understanding sake), can I retain my current EB3 application?
Any advice is greatly appreciated. I am at a point of giving it up and going back to India, but then that is another big decision,
Regards,
I am also in the same boat as you. To ans your questions -
1. If the lawyer your talking abt is the company attorney, then, he would most likely support the company than you. I did hear that labors are going thru lot of scrutiny, but if your case is genuine & you have all relevant docs, why is there a reason to worry.
2. Well yes since you have the degree & if they have a role for you, I see no reason as to why they cannot file for you. A lot of companies including mine are not too keen on reapplying under EB2 since they feel it will cause unnecessary hassles to them. If your case is brought up under review, its not just you but the entire company gets audited & then they have to produce a million documents to USCIS.
3. You should be able to retain your old pd or current application (if I-485 has been pending for more than 180 days) either ways i.e. if new employer files EB2 for you or your old employer does EB2 for you. However, as someone already pointed out, that same employer filing EB2 for you would be a tricky situation since the experience with your current employer doesn't count. But I have also read somewhere that if its a new position/a new role, then, your experience with current employer will also count. Get this verified.
Even though there are other threads on this topic, I wanted to start a separate thread, as I had some unique questions. I am at the zenith of frustration and at the age of 37, I feel like my career is slipping away while waiting for GC :(
My employment scenario:
- Been with the current employer since Jan 2001
- Less than 5 years experience before I joined the current employer
- Have an MBA that was not used to the GC application (applied in July 2003) since I was a programmer at the time of GC application
My GC scenario:
- Applied for GC in July 2003 under EB3
- Applied for I-485 in July 2007
- Approved I140 and EAD in hand
- Even though I have EAD, I continue to use my H1
My new role in the job:
- After being in the job for as long as I have been, I am now doing Business Development that makes use of my MBA
My questions:
1) Lawyer asked me to wait it out for the GC instead of trying to convert the application to GC2. Lawyer says new labor applications are getting under scrutiny a lot more than before and he think it is prudent to wait. Is this reasonable?
2) What are my other options - do you think I can ask my employer to apply fresh EB2 application for the business development role and show my MBA? Not sure if they will agree to my request, but wanted to make sure that it is even possible to do that.
3) Can I change my job based on H1? Or change the job based on EAD? If either way I change my job, can I then ask the new employer to apply for my GC under EB2? If I change the job, and if my current employer agrees (I don't why he would, but just for understanding sake), can I retain my current EB3 application?
Any advice is greatly appreciated. I am at a point of giving it up and going back to India, but then that is another big decision,
Regards,
I am also in the same boat as you. To ans your questions -
1. If the lawyer your talking abt is the company attorney, then, he would most likely support the company than you. I did hear that labors are going thru lot of scrutiny, but if your case is genuine & you have all relevant docs, why is there a reason to worry.
2. Well yes since you have the degree & if they have a role for you, I see no reason as to why they cannot file for you. A lot of companies including mine are not too keen on reapplying under EB2 since they feel it will cause unnecessary hassles to them. If your case is brought up under review, its not just you but the entire company gets audited & then they have to produce a million documents to USCIS.
3. You should be able to retain your old pd or current application (if I-485 has been pending for more than 180 days) either ways i.e. if new employer files EB2 for you or your old employer does EB2 for you. However, as someone already pointed out, that same employer filing EB2 for you would be a tricky situation since the experience with your current employer doesn't count. But I have also read somewhere that if its a new position/a new role, then, your experience with current employer will also count. Get this verified.
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