insbaby
11-12 08:12 PM
If it is a "FOR-PROFIT" organization, they may use you as a "free-service" in place of a "paid-service".
If you want to use this experience to get a job, then they will surely question what was your status while working for this company in US, and eventually they will find what kind of organization it is.
If you don't want to use this experience for a future job, it is surely not recommended but it is your choice to take risk, you may be safe until some one complaints.
At the end if it is a "NON-PROFIT" organization, you have a chance to defend.
If you want to go by the LAW, you have to satisfy all subclauses, it is annoying, painful, but thats how they made the LAW :)
If you want to use this experience to get a job, then they will surely question what was your status while working for this company in US, and eventually they will find what kind of organization it is.
If you don't want to use this experience for a future job, it is surely not recommended but it is your choice to take risk, you may be safe until some one complaints.
At the end if it is a "NON-PROFIT" organization, you have a chance to defend.
If you want to go by the LAW, you have to satisfy all subclauses, it is annoying, painful, but thats how they made the LAW :)
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raysaikat
04-22 01:20 PM
thank you so much
I was thinking the same.
so do you think should i transfer to H1B and how does it happen.
thanks for sharing your opinions on my query.
Your employer applies for H1-B, not you. Find an employer who is willing to offer you a job and willing to petition H1-B on your behalf. As long as the H1-B quota is not exhausted and the petition was correctly filed, etc., you will get H1-B.
I was thinking the same.
so do you think should i transfer to H1B and how does it happen.
thanks for sharing your opinions on my query.
Your employer applies for H1-B, not you. Find an employer who is willing to offer you a job and willing to petition H1-B on your behalf. As long as the H1-B quota is not exhausted and the petition was correctly filed, etc., you will get H1-B.
Bobby Digital
October 22nd, 2005, 11:49 PM
I think the first shot needs more light. The second and third are great!! Nicely done!!
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roseball
10-15 04:07 PM
I think the same. As my latest passport shows no visa except the AP entry stamp, they are confused how did I travel to India earlier. My wife explained them that I used AP, but they still believe that a visa page is missing in the supporting docs. So they have retained the passport and asked to submit 'current copy of husband's visa'. Now I am going to write a personal letter explaining the same and attaching the original I-797 which has my I-94.
Did you have your wife take copies of all pages from your passport. If not, I suggest you send them along with the letter. Also attach copy of your AP.
Did you have your wife take copies of all pages from your passport. If not, I suggest you send them along with the letter. Also attach copy of your AP.
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Ramba
12-22 07:13 PM
If a person has filed I-485 at least 6 months back and got laid off from job,
How much time does the rule permit to find another similar job and use AC 21.
Is this similar to H1B grace period or say no grace period.
thanks
Unlike H1B, at the time of layoff, if 485 is pending more than 6 months, you are still in legal status, (in h1b case there is no grace period). There is no time limit to find a similar job. You can stay at home for till your 485 approval, with legal status. Having said that, if INS asks for a eveidence of full time-permanat job you should be in a postion to show the job offer. In simple terms, tou should have a vaild job offer at the time of approval of your 485.
How much time does the rule permit to find another similar job and use AC 21.
Is this similar to H1B grace period or say no grace period.
thanks
Unlike H1B, at the time of layoff, if 485 is pending more than 6 months, you are still in legal status, (in h1b case there is no grace period). There is no time limit to find a similar job. You can stay at home for till your 485 approval, with legal status. Having said that, if INS asks for a eveidence of full time-permanat job you should be in a postion to show the job offer. In simple terms, tou should have a vaild job offer at the time of approval of your 485.
Macaca
01-28 08:19 PM
Although it does not feature in this article, Bush is using the word 'Guest Worker' more often these days. Any opinions about the emphasis on the word 'Guest' these days in Bush's speeches? Is there a covert message there?
He is backing off from amnesty. Guest worker is one option without amnesty. Here is numbersusa crap (http://www.numbersusa.com/index) on covert message.
Current state of guest worker program is at Unions Split on Immigrant Workers (http://www.washingtonpost.com/wp-dyn/content/article/2007/01/26/AR2007012601635.html).
He is backing off from amnesty. Guest worker is one option without amnesty. Here is numbersusa crap (http://www.numbersusa.com/index) on covert message.
Current state of guest worker program is at Unions Split on Immigrant Workers (http://www.washingtonpost.com/wp-dyn/content/article/2007/01/26/AR2007012601635.html).
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cbpds
06-25 05:58 PM
Well dont you work for less?.....based on the market rate?
Remember $8 per hr is tax free as well
jobs, which require unskilled labor (walmart jobs, starbucks jobs, farm jobs, janitorial work - all are examples) should be paid a living wage. Which means, if a person works for 40 hours a week, he/she should be able to live with the salary.
I can throw in some numbers for Washington, DC area. For a family of 4.
Living wage: Accommodation ($800 apartment) + Food ($500 a month) + Vehicle, since most of America is not well served by public transportation ($400) + Entertainment, Communication, Clothes, Medicine etc ($500). Total = $2200 a month. Divide this by 160 hours a month and you will get $13.75.
So this is the minimum wage all jobs in Washington, DC area should be paying. Companies often get away with paying way below this amount. Then the society ends up paying the difference.
Remember $8 per hr is tax free as well
jobs, which require unskilled labor (walmart jobs, starbucks jobs, farm jobs, janitorial work - all are examples) should be paid a living wage. Which means, if a person works for 40 hours a week, he/she should be able to live with the salary.
I can throw in some numbers for Washington, DC area. For a family of 4.
Living wage: Accommodation ($800 apartment) + Food ($500 a month) + Vehicle, since most of America is not well served by public transportation ($400) + Entertainment, Communication, Clothes, Medicine etc ($500). Total = $2200 a month. Divide this by 160 hours a month and you will get $13.75.
So this is the minimum wage all jobs in Washington, DC area should be paying. Companies often get away with paying way below this amount. Then the society ends up paying the difference.
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kevinkris
07-21 06:11 PM
Open this thread in case if you get it..
Hi All,
My skin test was positive, where as my x-ray was normal.Incase I get an RFE , Can I go to my PCP or need to go only to local health dept.
Can some body guide me
-Srarao
$100-so far
Hi All,
My skin test was positive, where as my x-ray was normal.Incase I get an RFE , Can I go to my PCP or need to go only to local health dept.
Can some body guide me
-Srarao
$100-so far
more...
kondur_007
08-11 09:47 PM
Dear Friends
One of the USCIS IO at NSC told me today that processing date of August 10 2007 for I-485 is nothing but a guess work. She said, in reality the processing date is far behind that. When I said I may have better luck predicting Power Ball numbers, she said that could be very much true than predicting what USCIS does.
Remember, in 2004 then USCIS director along with Bush unveiled a grandose plan in which they said by 2006, they will reduce I-140 petition processing times (for that matter any petition processing time) to 180 days. Four years later, things have became worse. Did anyone take responsibility? No. They give excuses.
For example, for my I-140 under EB2-NIW, NSC processing date shows February 27, 2007; and I filed in April 2007. But, I got approved. (no complaints). Technically, they shouldn't have picked up mine.
My friend applied in June 2007 and his I-140 got approved in December 2007 when their online processing date shows November 2006. So, they processed a petition that was filed 11 months ahead of their processing time. Great....
My colleague who shares office with me applied in October 2006 and still waiting to hear until today. Service requests did not do any good to him. Infopass is a pass. They all said he need to have patience... (lots of it).
Many many instances like this. Online processing dates or what the customer service tells you doesn't mean a shit.
The only thing that is good about online posting of processing dates is, we can file a service request which in many cases, after secondary request, tend to accelerate your case. You still need luck.
How many of you hear "your case is with in normal processing time"... I have been waiting for 18 months for my I-140... what the hell in the world normal about it? Only USCIS seem to understand it.
In the nutshell, its a funny and most idiotic agency and you cannot predict what it does. Do the same treatment to US Citizens, USCIS will be dragged into courts and torn apart in talk shows. Since we are non-citizens who are suffering, no body cares.
See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.
If you apply for 485, you get finger prints done. After a month, if you apply for EAD, you go again. What? Are your finger prints going to change every one month? What a waste of resources and time? USCIS do these kinds boneheaded things all the time.
Only thing that will get you green card faster is "Luck".
Good luck to all of us.
This is exactly why this is the perfect time to structure our agenda for the upcoming CIR next year and try to introduce it in the bill to streamline this mess for everyone in future.
It is very clear and everyone knows that with current structure and resources, using current procedures, USCIS will never be anywhere close to be "efficient" or even "effective". What is needed is radical change in the procedures and the structure of this agency. I dont think it is the fault of "a person"; the whole system is the problem. I would not be surprised to see a "frustrated" USCIS employee over these inefficiencies.
One of the USCIS IO at NSC told me today that processing date of August 10 2007 for I-485 is nothing but a guess work. She said, in reality the processing date is far behind that. When I said I may have better luck predicting Power Ball numbers, she said that could be very much true than predicting what USCIS does.
Remember, in 2004 then USCIS director along with Bush unveiled a grandose plan in which they said by 2006, they will reduce I-140 petition processing times (for that matter any petition processing time) to 180 days. Four years later, things have became worse. Did anyone take responsibility? No. They give excuses.
For example, for my I-140 under EB2-NIW, NSC processing date shows February 27, 2007; and I filed in April 2007. But, I got approved. (no complaints). Technically, they shouldn't have picked up mine.
My friend applied in June 2007 and his I-140 got approved in December 2007 when their online processing date shows November 2006. So, they processed a petition that was filed 11 months ahead of their processing time. Great....
My colleague who shares office with me applied in October 2006 and still waiting to hear until today. Service requests did not do any good to him. Infopass is a pass. They all said he need to have patience... (lots of it).
Many many instances like this. Online processing dates or what the customer service tells you doesn't mean a shit.
The only thing that is good about online posting of processing dates is, we can file a service request which in many cases, after secondary request, tend to accelerate your case. You still need luck.
How many of you hear "your case is with in normal processing time"... I have been waiting for 18 months for my I-140... what the hell in the world normal about it? Only USCIS seem to understand it.
In the nutshell, its a funny and most idiotic agency and you cannot predict what it does. Do the same treatment to US Citizens, USCIS will be dragged into courts and torn apart in talk shows. Since we are non-citizens who are suffering, no body cares.
See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.
If you apply for 485, you get finger prints done. After a month, if you apply for EAD, you go again. What? Are your finger prints going to change every one month? What a waste of resources and time? USCIS do these kinds boneheaded things all the time.
Only thing that will get you green card faster is "Luck".
Good luck to all of us.
This is exactly why this is the perfect time to structure our agenda for the upcoming CIR next year and try to introduce it in the bill to streamline this mess for everyone in future.
It is very clear and everyone knows that with current structure and resources, using current procedures, USCIS will never be anywhere close to be "efficient" or even "effective". What is needed is radical change in the procedures and the structure of this agency. I dont think it is the fault of "a person"; the whole system is the problem. I would not be surprised to see a "frustrated" USCIS employee over these inefficiencies.
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bluekayal
02-24 01:49 PM
Hi,your post gives me small hope but can you please tell whether i am eligible or not.?
I am on a H-4 visa and my mother is the H-1 holder.we recently applied for i-140 and got the recipt for it.can i apply for FAFSA..?
If you've used an AP to re-enter the country ..based on I-485 filing, you can apply for FAFSA.
I am on a H-4 visa and my mother is the H-1 holder.we recently applied for i-140 and got the recipt for it.can i apply for FAFSA..?
If you've used an AP to re-enter the country ..based on I-485 filing, you can apply for FAFSA.
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ash27
04-01 09:53 AM
Could somebody please advice if contract work on W2 would cause any issues at the time of adjudiciation? Any information will be greatly appreciated.
Thanks,
Thanks,
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perm2gc
09-14 12:35 AM
I have an emergency to go to India to take care of my sickly mom and I need to return back to work on July first. I am also trying to get emergency appointment. I couldnt. Could you please suggest the way I can get emergency appointment in any of the consulate. You can get appointment in any consulate in india for VISA revalidation.You can call them and collect more information.
https://www.vfs-usa.co.in/Home.aspx
https://www.vfs-usa.co.in/Home.aspx
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TO BE OR NO TO BE
02-03 04:29 PM
Hey there, I have a three year bachelor's (from Australia) and an American CPA. I believe the two can be evaluated to an Ameircan Master's equivalent. Please, check with your lawyers. It should be possible.
Hi Ryan,
Do you know anyone have done that? Like you personally or anyone you know? Have they got I-140? I read that its possible to get PERM Labor done under EB-2, but USCIS gives real hard time at I-140 stage.
Appreciate your help!
Thank you
Hi Ryan,
Do you know anyone have done that? Like you personally or anyone you know? Have they got I-140? I read that its possible to get PERM Labor done under EB-2, but USCIS gives real hard time at I-140 stage.
Appreciate your help!
Thank you
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priderock
05-15 01:33 PM
Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)
EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date
So both cases are now current, which leads to a couple of options for AOS:
1. File based on approved EB3 (and risk a potential retrogression in future)
2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)
The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?
If I were you I will upgrade I140 to PP and wait until it is adjudicated. It should be done before 1st June if you move fast.
I will not risk filing with EB2 while I140 is still pending. I would rather go with EB3. One in hand is worth a dozen in the bush.
EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date
So both cases are now current, which leads to a couple of options for AOS:
1. File based on approved EB3 (and risk a potential retrogression in future)
2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)
The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?
If I were you I will upgrade I140 to PP and wait until it is adjudicated. It should be done before 1st June if you move fast.
I will not risk filing with EB2 while I140 is still pending. I would rather go with EB3. One in hand is worth a dozen in the bush.
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reddymjm
09-16 03:05 PM
I called.
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chanduv23
01-24 10:39 PM
Come on folks, volunteering and support is the need of the hour - silence is not the solution
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watzgc
02-11 03:29 AM
I agree, you should stay on an H1b as much as you possibly can. The H1b is already approved and you can transfer an existing H1b to a new employer (don't have to get a new H1b). But if you invoke the EAD status, you will forever lose your H1b. If anything goes wrong with your pending I-485 and you are still on an H1b, you still have time to appeal and to work through the issues. But if you are on the EAD at this time, then thats it, you have no time left because your EAD is issued to you as conditional approval of your pending I-485. You need to weigh the risks and benefits in taking a job with an employer who will not sponsor you on an H1b.
Best of Luck
Hi Diptam/NolaIndian,
I have quick questions,
1. I'm waiting for my H1b extenion for employer A and grace period 240 days,getting over
2. can I use EAD (from emp A) till I get my approval for employer A ?.
3. Can switch back to same h1b extension after received it ?.
thanks for ur time to reply.
Best of Luck
Hi Diptam/NolaIndian,
I have quick questions,
1. I'm waiting for my H1b extenion for employer A and grace period 240 days,getting over
2. can I use EAD (from emp A) till I get my approval for employer A ?.
3. Can switch back to same h1b extension after received it ?.
thanks for ur time to reply.
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agc2005
12-25 08:38 AM
kish006:
Actually I and my wife recieved EADs with photos got swaped and then we sent back to USCIS with the following docs and yesterday we got the new cards.( I haven't recieved my AP yet, may be they also having the wrong photo on it i don't know yet).
1) write a Letter to USCIS explaining the problem
2) EAD Card
3) New photos
4) New I765 application without fees(If it is USCIS Problem otherwise you have to pay)
5) Passport photocopies.
Actually I and my wife recieved EADs with photos got swaped and then we sent back to USCIS with the following docs and yesterday we got the new cards.( I haven't recieved my AP yet, may be they also having the wrong photo on it i don't know yet).
1) write a Letter to USCIS explaining the problem
2) EAD Card
3) New photos
4) New I765 application without fees(If it is USCIS Problem otherwise you have to pay)
5) Passport photocopies.
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sankap
07-14 06:21 PM
Houston
GreenMe
07-21 11:51 AM
This idea was floated a few years back, but then we did not have the win of a flower campaign behind us.
We now have a senator to focus our energies on - Dick Durbin.
How about everybody with a US degree send a copy of the diploma in a packet to Sen Durbin with a message - Dont hold us hostage because of a few bad apples..something to that nature?
Alternatively we can send it to Sen Obama asking him to please let the senior senator from illinois, sen Durbin, know we are high skilled immigrants - dont hold us hostage because of a few bad apples.
maybe we can send an apple too :D
sending to sen obama will make sure the issue is played in media because of the presidential coverage.
Liked the idea of sending copy of diploma ... but whats the message ???
We now have a senator to focus our energies on - Dick Durbin.
How about everybody with a US degree send a copy of the diploma in a packet to Sen Durbin with a message - Dont hold us hostage because of a few bad apples..something to that nature?
Alternatively we can send it to Sen Obama asking him to please let the senior senator from illinois, sen Durbin, know we are high skilled immigrants - dont hold us hostage because of a few bad apples.
maybe we can send an apple too :D
sending to sen obama will make sure the issue is played in media because of the presidential coverage.
Liked the idea of sending copy of diploma ... but whats the message ???
zCool
04-15 03:08 PM
(1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
-- No. Plenty of folks travel during AOS. Never heard need to update. They ask while applying coz last enter date before filing of AOS is important for identifying status and validity.
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
-- You may want to keep copy of I-94s for your purpose. it's a good practice regardless. But NO. there should not be issue with surrendering.
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
-- Folks can have trouble re-entering for any number of reasons. but having valid h1 visa and no AP isn't one of them.
Dear Friends:
I would appreciate if someone could answer these 3 questions for me:
As you know, when we submitted our 485 (AOS-EB) applications, we also submitted a copy of our most recent 1-94 card with it. This summer I will be leaving the US for 4 months, and on my port of exit will be surrendering the 1-94 card (a copy of which is with the USCIS). On return I will be receiving a fresh 1-94 card. Now my questions are:
(1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
Kindly let me know; I have no attorney, and your input will be so appreciated. Thanks.
-- No. Plenty of folks travel during AOS. Never heard need to update. They ask while applying coz last enter date before filing of AOS is important for identifying status and validity.
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
-- You may want to keep copy of I-94s for your purpose. it's a good practice regardless. But NO. there should not be issue with surrendering.
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
-- Folks can have trouble re-entering for any number of reasons. but having valid h1 visa and no AP isn't one of them.
Dear Friends:
I would appreciate if someone could answer these 3 questions for me:
As you know, when we submitted our 485 (AOS-EB) applications, we also submitted a copy of our most recent 1-94 card with it. This summer I will be leaving the US for 4 months, and on my port of exit will be surrendering the 1-94 card (a copy of which is with the USCIS). On return I will be receiving a fresh 1-94 card. Now my questions are:
(1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
Kindly let me know; I have no attorney, and your input will be so appreciated. Thanks.
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