ddeka
12-31 09:20 AM
Hi,
I just came back from India with my wife and daughter. I am also on H1B extension. Got my EAD, AP few months back. Please see below reply to your questions..
I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:
1. Should I apply for AP for both of us? Yes you should - makes life easier while travelling outside
2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport? NO - You can travel anywhere using AP. Also you can still continue working on H1B until and unless you take a new job using EAD.
3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time? Tell them you are traveling on AP as you are adjusting your status. They will just see your AP. Thats it. While entering in US, tell immigration officer that you are traveling on AP - he will check you passport and AP and then you will be escorted to a room where your AP will be stamped and will return once stamped. Then your are all set. They will let you come in. They might ask one or two casual questions like how many days your were in India, what was the purpose of travel etc..(giving example of India as I am from India) - nothing more than that..
Your help is greatly appericated.
Thank you.
I just came back from India with my wife and daughter. I am also on H1B extension. Got my EAD, AP few months back. Please see below reply to your questions..
I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:
1. Should I apply for AP for both of us? Yes you should - makes life easier while travelling outside
2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport? NO - You can travel anywhere using AP. Also you can still continue working on H1B until and unless you take a new job using EAD.
3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time? Tell them you are traveling on AP as you are adjusting your status. They will just see your AP. Thats it. While entering in US, tell immigration officer that you are traveling on AP - he will check you passport and AP and then you will be escorted to a room where your AP will be stamped and will return once stamped. Then your are all set. They will let you come in. They might ask one or two casual questions like how many days your were in India, what was the purpose of travel etc..(giving example of India as I am from India) - nothing more than that..
Your help is greatly appericated.
Thank you.
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dummgelauft
09-11 08:36 AM
Thanks dummgelauft
My priority date is not current yet. There is a chance that my priority date will not be current even by the time my TN visa expires. So, that was the main problem I had. I know there is no way I can renew my TN visa ( since I-140 shows intent to immigrate). But, a HUGE misunderstanding I had, which you clarified for me, is that the 6 years
H1B restriction will not apply on me once I have approved I-140. So, if my priority date is current before my TN expires, I will get my EAD. If my priority date is not current by the time my TN expires, I will have the option of getting H1B and continue to work until I adjust my status.
What a relief !!!
Thank you so much again !!!!
Theo
just make sure that you allow sufficient time for you h1b processing. these can take upto 120 days.
My priority date is not current yet. There is a chance that my priority date will not be current even by the time my TN visa expires. So, that was the main problem I had. I know there is no way I can renew my TN visa ( since I-140 shows intent to immigrate). But, a HUGE misunderstanding I had, which you clarified for me, is that the 6 years
H1B restriction will not apply on me once I have approved I-140. So, if my priority date is current before my TN expires, I will get my EAD. If my priority date is not current by the time my TN expires, I will have the option of getting H1B and continue to work until I adjust my status.
What a relief !!!
Thank you so much again !!!!
Theo
just make sure that you allow sufficient time for you h1b processing. these can take upto 120 days.
gc_chahiye
09-20 04:07 PM
I'm from Bangladesh and EB3. As you know the I485 was current in July and i applied along with my EAD and AP. but this month in visa bulletin i found that the date went back to 2002.
My question is: are they going to consider my application current or i stuck in the backlog. my understanding is that the visa bulletin reflects the availibility to send the application....they received my application on July 2nd, 2007.
someone please clarify the matter please.......thanks ahead
your application will be accepted and processed (since you applied when your date was current), but it cant be approved until you are current again. So you can keep getting/renewing EADs/APs, security and background checks will happen etc, but no final approval until EB3-ROW becomes current for your PD.
My question is: are they going to consider my application current or i stuck in the backlog. my understanding is that the visa bulletin reflects the availibility to send the application....they received my application on July 2nd, 2007.
someone please clarify the matter please.......thanks ahead
your application will be accepted and processed (since you applied when your date was current), but it cant be approved until you are current again. So you can keep getting/renewing EADs/APs, security and background checks will happen etc, but no final approval until EB3-ROW becomes current for your PD.
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sledge_hammer
06-09 05:37 PM
Write a letter to the employer explaining that you need to get paid. Attach a copy of the timesheets and all other documets for proof. Send this via registered mail. Give him some time to respond, if he doesn't, then file a complaint with DOL.
Dear Viewers
Could anyone please advice me on how to claim the unpaid salary from the previous employers.
I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.
Any piece of advice would be of great help.
Dear Viewers
Could anyone please advice me on how to claim the unpaid salary from the previous employers.
I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.
Any piece of advice would be of great help.
more...
paskal
06-13 02:49 PM
Americans want immigrants like yourself who follow the rules and contribute to American society; it is our valued tradition. What we don't want is illegals walking all over our laws. The illegals hurt lawfull immigrants. I married an immigrant who followed the rules, she's very bitter over the way this country is pandering to the Hispanic Reconquista crowd. Americans don't want the amnesty, but the government is pushing for it. Legal immigrants and applicants, IMO, should stand up and be heard to fight anmesty as well.
we simply lack the power to fight that battle....
as it is we can barely get anyone to understand our problems, if on top of that half the lawmakers dissmiss us for being against their agenda, where would we be?
in a ballott here, you would not find too mnay here that supports an amnesty i suspect.
we simply lack the power to fight that battle....
as it is we can barely get anyone to understand our problems, if on top of that half the lawmakers dissmiss us for being against their agenda, where would we be?
in a ballott here, you would not find too mnay here that supports an amnesty i suspect.
qplearn
12-12 02:53 PM
Hi all,
This forum is full of smart people. So I want to throw my situation out there to get some advice from all of you. I am into 7th year of my H1 with by labor with PD of Sep 2002. At the rate things are moving, I am running out of patience here.
Things took an interesting turn last week, when a mid sized Software co. is willing to outsource me some of their work. Given the size of the opportunity, I will need to go to India to setup a team of 5 to 6 ppl. The co. is pretty eager and willing to offer some of the finanical guarantees I have asked for.
So my question is, should I take this opportunity and say good bye to GC? Or I should be patient as there may be a need to be in US to grow my outsourcing biz, in case it jump starts well. What would you do if you were presented this opportunity and you had the enterpreurial spirits to pull it off.
I would be eager to see what people say here.
Guess the smart people here are going to say: go back and reduce the queue. Just kidding:)
This forum is full of smart people. So I want to throw my situation out there to get some advice from all of you. I am into 7th year of my H1 with by labor with PD of Sep 2002. At the rate things are moving, I am running out of patience here.
Things took an interesting turn last week, when a mid sized Software co. is willing to outsource me some of their work. Given the size of the opportunity, I will need to go to India to setup a team of 5 to 6 ppl. The co. is pretty eager and willing to offer some of the finanical guarantees I have asked for.
So my question is, should I take this opportunity and say good bye to GC? Or I should be patient as there may be a need to be in US to grow my outsourcing biz, in case it jump starts well. What would you do if you were presented this opportunity and you had the enterpreurial spirits to pull it off.
I would be eager to see what people say here.
Guess the smart people here are going to say: go back and reduce the queue. Just kidding:)
more...
ameryki
08-02 12:30 PM
I don't think a 1 year ead or 2 year ead is really affecting 485 applications.
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ThackeG67
08-08 07:56 PM
Definitely illegal..that must be taken into legal action.
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dilvahabilyeha
08-09 01:19 PM
Hi, Thanks for your reply.
Also by any chance is "alien receipt number" same as the A# that appears
in my old OPT-EAD? If yes then perhaps I can use that? I know that
"A#" is called "alien registration number".
Thanks, Mtsaha
it's the A# in your 140 approved petitioin.
Generally spouses won't have this until they get the 485 receipt so they can leave it blank in the 485 application but the principle applicant should have from the 140.
Also by any chance is "alien receipt number" same as the A# that appears
in my old OPT-EAD? If yes then perhaps I can use that? I know that
"A#" is called "alien registration number".
Thanks, Mtsaha
it's the A# in your 140 approved petitioin.
Generally spouses won't have this until they get the 485 receipt so they can leave it blank in the 485 application but the principle applicant should have from the 140.
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kartikiran
11-11 11:56 AM
Almond, even i used to think "so close and yet so far". but now have understood, i was never close to begin with...:(
it is better to accept the reality than trying to live with fool's gold like i did for about 2-3 years...
So close and yet so far...so damn far.
it is better to accept the reality than trying to live with fool's gold like i did for about 2-3 years...
So close and yet so far...so damn far.
more...
jetflyer
06-11 01:24 PM
Also depends what is the compensation for the position. As what I see normally (applies to contracting only) any job under $50/hr goes unfilled or takes longer but jobs with $80-$100 gets filled in 2-3 days and creates shortage for those.
May be because immigrants (H1 & GC) who came in around 1997-2001 have over 7+ yrs of US experience and get paid really well :D
May be because immigrants (H1 & GC) who came in around 1997-2001 have over 7+ yrs of US experience and get paid really well :D
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gbof
02-16 08:48 PM
Guys, Any idea how much time NSC is taking for EAD approval? This is for a fresh application not renewal.
more...
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Refugee_New
08-02 02:41 PM
write letters to congressman and fill form for ombudsman.
You should get ur GC.
I already sent letters to 3 senators and 2 representatives? should i add more senators and representatives?
I did everything except sending letter to UK Prime minister?????????
You should get ur GC.
I already sent letters to 3 senators and 2 representatives? should i add more senators and representatives?
I did everything except sending letter to UK Prime minister?????????
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senk1s
06-19 12:05 PM
A quick question:
I just have the FRONT side copy of the EAD stored.
Why do we need the BACK side of the copy?
Responses will be appreciated.
It is mentioned specifically in the 765 instructions ... see on Pg 6
http://www.uscis.gov/files/form/I-765instr.pdf
I just have the FRONT side copy of the EAD stored.
Why do we need the BACK side of the copy?
Responses will be appreciated.
It is mentioned specifically in the 765 instructions ... see on Pg 6
http://www.uscis.gov/files/form/I-765instr.pdf
more...
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slowwin
05-28 07:10 PM
.......you can work for a private for-profit enterprise too. But you should be able to satisfy the usual test for NIW such as Intrinsic merit, National interest etc(google the criteria).
If in the field of your work you have created an imapct which is national in scope, you have achieved academic distinction, have papers, citations, patents etc and can produce recommendation letters from your industry stalwarts... then NIW can be justified.
I am not an attorney.., ;) but I did the justification for my wife's self petition successfully. It worked for her, but may not necessarily hold up for every one. I think individual cases need to be evaluated for suitability and probability of success.
thanks,
slowwin
Without a job offer from a national lab, it makes it hard to say why I want to skip the labor certification. Companies that need work of national interest now first ask for a green card before they give a job offer in a chicken and egg game. That I am nearing the end of 6-ye H1B may not be good enough reason to bypass labor. The most reasonable argument I can think of is that my stopping work will harm US national interests and no one else can do that work because I am special. What do you think?
If in the field of your work you have created an imapct which is national in scope, you have achieved academic distinction, have papers, citations, patents etc and can produce recommendation letters from your industry stalwarts... then NIW can be justified.
I am not an attorney.., ;) but I did the justification for my wife's self petition successfully. It worked for her, but may not necessarily hold up for every one. I think individual cases need to be evaluated for suitability and probability of success.
thanks,
slowwin
Without a job offer from a national lab, it makes it hard to say why I want to skip the labor certification. Companies that need work of national interest now first ask for a green card before they give a job offer in a chicken and egg game. That I am nearing the end of 6-ye H1B may not be good enough reason to bypass labor. The most reasonable argument I can think of is that my stopping work will harm US national interests and no one else can do that work because I am special. What do you think?
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dilbert_cal
02-09 11:08 AM
If you have a choice of LOA, you should go ahead and take it.
RFE is not a must - if you do get a RFE, it need not be necessarily for paystubs. You should take LOA, start your job search and try to get a similar position asap and if you do get RFE, you will have a choice of going with AC21 or not depending on your RFE.
Dont think that you will get your GC in a month or so - this process is very unpredictable and the more you be prepared for it, the better it is.
Best of luck and hope you get your GC soon.
RFE is not a must - if you do get a RFE, it need not be necessarily for paystubs. You should take LOA, start your job search and try to get a similar position asap and if you do get RFE, you will have a choice of going with AC21 or not depending on your RFE.
Dont think that you will get your GC in a month or so - this process is very unpredictable and the more you be prepared for it, the better it is.
Best of luck and hope you get your GC soon.
more...
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candylady11
01-26 04:03 PM
I asked about taking money out of a salaried employees pay to cover the cost of payroll over-ride from hourly employees. If Manager doesn�t have a contract, never had one, and nothing in writing to say you will be responsible for hourly employees if payroll goes over employer�s budget, can he take the money from the managers pay to cover this over-ride? Do you think I will be right if I took legal action against this sort of Payroll-Robbery?
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mgos
07-21 10:10 AM
Legislatively, is there a way the bill can be revived? If so, can we involve the democrats by lobbying through the south asian/indian caucas?
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bfadlia
06-11 08:10 PM
Change the title fool.. lot of ppl are waiting for this.. they might think it's OUT
It's an honor to have you in our forum, Mr. T :o
It's an honor to have you in our forum, Mr. T :o
VMH_GC
06-11 06:15 PM
Change the title fool.. lot of ppl are waiting for this.. they might think it's OUT
please refrain from using harsh words that would hurt others in this forum. Please respect others and treat everyone with dignity as we are all fighting for same cause.
please refrain from using harsh words that would hurt others in this forum. Please respect others and treat everyone with dignity as we are all fighting for same cause.
yagw
10-02 01:49 PM
I saw so many RFE recently. I am wondering If there is RFE, the attorney can not represent me. Can i just send RFE by myself to CIS? Or the attorney has to do it.
Thanks
If the attorney submitted G-28 for that particular petition (which got the RFE), then only the attorney gets the RFE. But I believe any one can respond to the RFE (yourself or another attorney) along with a new G-28 to change the representation.
DISCLAIMER: I am not an Attorney and this is not a legal advice.
Thanks
If the attorney submitted G-28 for that particular petition (which got the RFE), then only the attorney gets the RFE. But I believe any one can respond to the RFE (yourself or another attorney) along with a new G-28 to change the representation.
DISCLAIMER: I am not an Attorney and this is not a legal advice.
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