bradley emmanuel

my lawyer said that if anyone uses EAD to work or planning to use EAD soon (not H1B) then it is better to apply for EAD renewal before 6 months of current one expires. If you are in H1B not planning to use EAD even in future then you can renew it 3-4 months before expiry.

Please advise urgently.

Say today my I-140 is denied.
Current H1B is getting renewals due to labor pending for more than 1 year, so getting 1 year renewals.
Now I-140 is denied.
Lawyer is opening an MTR.
We dont know when the decision will come. May be positive, may be negative.

1.What happens to my current H1B which is due for renewal in Mar 2011. Can I continue to work, while MTR is pending.
2. Can I get extensions while MTR is pending.
3. If I get extension based on pending MTR, What happens to extended H1B if MTR says I-140 denied.

Gori hai kalaiya.. tu lade muze hari hari chudiya...

Small companies will do this. If it is a big company with HR and payroll departments not being micro managed by the employer - then you won't face these problems.

bc_rp,
Thanks for your reply.
For some reason even I just received the LC approval, the company attorney mention that the visa number is not available yet so that he can apply for I-140 and I-485 together. As I understand the visa number is the PD?

Also what you mentioned is that there is no point of apply for I-140 now to port the PD to a new filing case because the PD is always current? Is that when you meant.

Thanks

I finally got my AP, 15 days after my EAD (100 days total) . I was happy to open the packet, until this......

THEY SENT ME MY AP WITH SOMEONE ELSE'S PICTURE!!!!!!!

Everything else is Correct (address, DOB, A# etc...)

GURUS, please advise what should I do...... I am so pissed!!!!! Thankfully my EAD has the correct pic.... I had done an E-file....June 7th and my previous AP expires Sept 20

I want a smug smiley.

Also, the 'mad' one, :m: looks more like a steaming bun than an angry face ; )

Hi H1TechSlave,

I am guessing you are basing your proposal on the UC Davis report/link in your post. Yes, there are companies and individuals who are misusing the H1b system, but this is the case with any law, regulation not just immigration. You will never have a perfect system. An example of this is democracy, we are well aware that democracy with its virtues, comes with a price of chaos and corruption. This does not mean we opt for a totalitarian system.

The H1b represents the American Dream for Indians and a lot of other folks from across the world. Plumbers, carpenters, coal workers, homeless people, and literally bums were allowed to immigrate thorough Ellis Island without even needing a visa. Now to come and say that you need to be a genius to get an H1b visa, and IITs are not the best institutions is just preposterous. This report basically states that mojority of H1bs are incompetent folks who come from weak US universities. The Amercican Dream is a universal concept that should be protected at any cost. Protectionist legislation with stymie growth.
The report focuses on H1bs stealing American Jobs, is there any data on the kind of people being displaced, their qualifications?
Put aside the h1b for a minute, what about the agricultural workers who come here, do you need to be the best cherry picker in all of Mexico to work in the US?
Now, this report was published in 2003, it has been buried for good reason.

How do you define "Genius", is Albert Einstein a genius? Is this a measurable concept? Do geniuses create jobs? History tells us that geniuses made a lot of news and history but very little else. The world runs not because of geniuses, but because of a few smart people and millions of average folks.

Do we need to tackle mom&pop h1b sweatshops? yes, but not by changing the fundamental nature of "h1b".

The job order will contain the job description. This will be in the Labor Application. Usually when a 140 is being applied, the employer will provide you the job order and tell you to ensure your experience letters are in line with the Job order.

You will need the 140 number. See if you can get it somehow. Since it belongs to the employer, I doubt you can get the number by calling USCIS.

The 485 is yours and you should get a receipt. With this receipt, you can invoke AC21 without any problems. You will not need copies of Labor or 140.

But to Invoke AC21 and for subsequent adjudication of 485 without issues, nature of the Job should be same or similiar. What are the options by which I could find my Job nature.. Since I don't have a labour copy or i-140 info.. Any inputs ?

Do not worry too much about your role change, because when you are using AC21 you need to be in same or similar job as specified in ONET job codes.

If you are a systems analyst, then you can potential work as a business analyst also. As the job duties for systems analyst includes some of the activities performed by BA. It is the job duties which have more waitage.

http://www.onetcodeconnector.org/ccreport/15-1051.00

If you refer the link above, all software jobs (except Management) starts with 15.XXXX as job code. So long as you stay with that you are fine.

Yes, this is part of the pre-adjudication process. No need to take an Attorney if your case is straight forward - but it really depends on you!

Even though yours and your wife's interview time is different - they will call you together :)....just drop in both the Interview Notices together once in the room.

Take all the documents that you can - both original and photocopies (don't worry if you don't have originals).

We had our interview couple of weeks back and all the officer asked was for photocopies of EVL, W-2's along with Tax returns for last 3 years and birth Certificates.

Hope this helps.

Recently received interview letter, scheduled for Sep,3rd.

1. My interview time is 8:15AM and my wife has at 8:45AM. Does it mean we should appear separately or can we go together?

2. Is I-140 approval copy required? Interview letter does not say anything about it.

3. My attorney is not coming since he is too far from my place. Can I take any local attorney? Does it require applying G-28 again?

Having stated the above which pretains only to those cases which are still in process.

For those who have their GC in their hand, the situation could be slightly different.

If you do not join the company, it is considered as SHAM EMPLOYMENT.

I am also in the same boat and I checked with a leading lawyer, According to her advice it is better to wait for 6 months or atleast couple of months before changing the employer.

GCProbs has an advantage here, since the Company A is about to be shut down wait till then. Obtain details about it and keep it with you. Just in the event of a question, you can answer.

By the way, I have decided to join another company after 2 months.

Jumping the boat immediately might cause trouble.

So please be patient and give it as much as time as possible. I will say at least 2-3 months.

My opinion:

Well, can the Java Programmer walk the ramp and pull it off like a professional model? Their work is a lot harder than it appears on the outside taking into account the success rate among models. Considering that even school kids can write excellent java programs, if we still want to consider the Java programmer as "highly skilled", then so are models.

Giselle Bundchen is worth half a billion dollars or somewhere in that range.

Btw, I am in the programming line myself in case someone thinks I have a problem with programmers. But I wouldn't mind swapping places with a successful model ;)

I agree with you . Their job is some ways is a lot tougher than us IT folks. If any of us loses their job there are 100's standing behind to take the place but it is quite a task to replace a well known successful experienced model.
( And imagine the restrictions on food , regular gym , maintaining figure , lots of travel .. )
Just my thought ..

^^^^^^^^^^^

Just an advice, please do not accept 1099 from your consulting company. I had the experience and paid a lot more in tax at the end of the year than I would have paid in W2 as 1099 is considered as business income. You'll be paying more taxes than W2.
So always stick to W2 when you are getting your salary from your consulting company. If Consulting company is paying you in 1099, then they do not pay Payroll taxes on your salary and thus save money. If they are paying you in w2, which they are supposed to(you being on H1), they have to pay payroll taxes themselves.

No checks cashed, no reciepts in sight.

I grew up hearing that most of the things in America are right and extremely efficient.

However the 485 application processing has left me baffled...astounded...

Not that i am sad that my collegues who filed way way after i did got their reciepts, EAD etc....but the fact that i always thought that there was a proper process in place or atleast a mechanism where applications were processed based on date filed

Today when i call up the 1-800 no they either say 90 days not up...or if i lie and say 90 days up...they say not in the system and will take time...

I thought America was about accountability...responsiblity and ensuring that in case there are errors....prompt action is taken to address the same....i dont see that...at least in my case....

ur thoughts...

When AP is approved, you get 3 copies. I went twice on intl trips and each time they took a copy. I am left with 1 copy of the AP.

Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.

How does it work? Will the officer just stamp the AP and make a copy?

You mean 3 copies are 3 originals right to be more clear. You can use only 1 original when you come back and get it stamped each time with a new date.

I have used the same orginal AP for at least 4 times now.
You can carry copies of the original just in case.

http://hammondlawgroup.blogspot.com/

From this group it does not look like there is any rule followed by states as they follow CGFNS guidelines. It is just that USCIS has started using OOH for PTs. It looks like AILA will be filing something with USCIS.

My first question: you have been here for 5yrs on h1b then why did you not file green card under schedule A when it was current until Dec 2006? I am really surprised. You would have been on green card long time back. Actually I am even surprised that you did not go for masters even afer being here for 5years.

If there is any other way you can continue your presence in US then go for it. You just have to be patient for USCIS to start accepting what state boards accept while issuing licenses. If state boards do not mind foreign bachelors to practise PT then I don't understand why USCIS would care. I think its just another shot from USCIS to shoot immigrants out of this country.

Getting into masters of PT can't be that quick. Schools just don't accept students everyday. They have deadlines for every semester and there is so much paperwork including exams, evaluations, proof of funding etc etc. So do talk to lawyer for your options to stay here, talk to school on how to enroll in masters, if your spouse is on h1 then get onto h4 by filing cos. These are just my guesses. Again talk to lawyer for your options ASAP.

My EAD application is still pending while it got approved for my spouse within a month.

Hi,

I have couple of questions about renewing EADs and APs (mine and my wife's current EAD/AP expires on 8/29/08):

1. I am currently on H1 and do not intend to use EAD in the near future. Can I skip my EAD renewal for now and if I need to use it say couple of months later (example: 5/01/2009) can I apply for extension at that time without any issues?

2. My wife is currently on H4 visa and she will need EAD to work. Is there any issue if primary applicant does not apply for EAD but the dependent does?

3. My lawyer had initially applied for mine and my wife's EAD and AP at the time of 485 filing. Can I apply for the renewals myself (is the procedure straight forward) or do I need to pay my lawyer for these renewals?

4. My wife will need AP for travel purposes since she'll be using EAD to work. Does it make sense for me to apply for AP renewal given that I won't be using EAD in the near future? Only issue I see is if I have to travel outside of US and the officer asks for AP at port of entry. Can I apply for AP at any point in time?

5. I am assuming that I have to wait for 120 days prior to the expiration of current documents in order to apply for their renewals, correct?

Apologize for a huge list of questions, but I am trying to make a decision in the coming weeks.

Any help/pointers any one can give will be greatly appreciated. Thanks.

Let us boycott CNN to protest the unjust presentation of immigrants in their news. I can't comprehend why a big and reputable network would support a show like Lou Dobbs. Lou dobbs and his minions has been spreading lies and hate about legal immigration. The sad part is that the ordinary American would believe them since they are part of a big network, CNN -- supposedly a moral and ethical news company driven to tell the truth and expose injustice. Everyday we try hard to be a good citizen, build a good reputation, and work hard for the betterment of this country but everyday too, Lou Dobbs and his panel of experts ruins everything that we have gained. We cannot ignore this negative publicity anymore. I used to watched CNN ASIA and truly believe that they were the best international network -- they were fair and unbiased in their reporting. But CNN US seems to be a different animal, their seems to be an underlying current of hate hiding and pretending to be patriotic. So, I would like to ask IV core to add this to IV's strategy. Let us spread the word that CNN/Lou Dobbs is anti-immigrant and should not be patronized. Tell your friends and family and let them spread the word. We should also boycott all CNN-related companies i.e Time, CNN ASIA, etc. since they are part of the same animal. We should start being vigilant and fight back on things that are hurtful to us but in a peaceful way.
Thats why I degraded my cable service so that CNN will be blocked.