We_will_get_GC
10-13 11:48 AM
I am in too.
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Cheran
09-19 04:41 PM
I work for a Government Agency as a H1 employee, I have my EAD as well but dont use it. I am sure the attorneys made sure that its ok to hire a H1 as an employee. Now I am doing an AC21.
Thanks Guys, So I guess it's a possibility?
Thanks Guys, So I guess it's a possibility?
meridiani.planum
05-05 02:08 AM
inline...
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
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guest1978
05-13 10:08 AM
I got my GC but my wife's application (based on my 485) is still pending. I think at this point I can switch jobs/go to school full time and it won't affect my spouse's case. Just want to double check on this, any thoughts??
__________________
__________________
more...
h1-b forever
04-15 09:08 AM
Thank you uma001 for your response. My H1-B is valid until Nov 2010. As per your advice, I need get things started. Its so frustrating - job, employer, gc, being away from kids.
pbuckeye
01-27 03:50 PM
Immigration & Winning the Future | The White House (http://www.whitehouse.gov/blog/2011/01/27/immigration-winning-future)
I quote:
"We have also improved our legal immigration system by reducing backlogs of immigration applications and devoting critical funding to promote innovative citizenship preparation and integration programs in communities throughout the country."
Any idea what they are talking about in terms of backlog reduction?
I quote:
"We have also improved our legal immigration system by reducing backlogs of immigration applications and devoting critical funding to promote innovative citizenship preparation and integration programs in communities throughout the country."
Any idea what they are talking about in terms of backlog reduction?
more...
div_bell_2003
09-18 09:13 PM
I have heard this before on other forums , too.
I believe, the USCIS CSR confused "unrestricted" SSN with a "restricted" SSN. Most people on some kind of work permit (F1,H1B, EAD) have "Eligible to work with DHS authorization" ( or something similar ) imprinted on their Social Security card ( it certainly is in my social ), and I believe people with GC/USC don't have any such thing written on their SSN ( it's purely a guess by me, I'm yet to see a GC/USC holders SS card ;) ) . So, I don't think people on work permit can work just with DL and SS card ( if they could , why would they have not done until now :confused: ? ) .
But, on the other hand, I'd like to know, if people can continue working on the EAD receipt itself ??
I believe, the USCIS CSR confused "unrestricted" SSN with a "restricted" SSN. Most people on some kind of work permit (F1,H1B, EAD) have "Eligible to work with DHS authorization" ( or something similar ) imprinted on their Social Security card ( it certainly is in my social ), and I believe people with GC/USC don't have any such thing written on their SSN ( it's purely a guess by me, I'm yet to see a GC/USC holders SS card ;) ) . So, I don't think people on work permit can work just with DL and SS card ( if they could , why would they have not done until now :confused: ? ) .
But, on the other hand, I'd like to know, if people can continue working on the EAD receipt itself ??
2010 Rihanna in October of 2009 at
Blog Feeds
05-12 09:50 AM
U.S. Citizenship and Immigration Services (USCIS) today announced a final rule that adopts, without change, an interim rule to improve the integrity of the Employment Eligibility Verification (Form I-9) process. USCIS received approximately 75 public comments in response to the interim rule, which has been in effect since April 3, 2009.
The main changes made by the interim rule and adopted by the final rule include: prohibiting employers from accepting expired documents; revising the list of acceptable documents by removing outdated documents and making technical amendments; and adding documentation applicable to certain citizens of the Federated States of Micronesia and the Republic of the Marshall Islands.
Employers must complete Form I-9 for all newly hired employees to verify their identity and authorization to work in the United States. The list of acceptable documents that employees may present to verify their identity and employment authorization is divided into three sections: List A documents, which show identity and employment authorization; List B documents, which show identity only; and List C documents, which show employment authorization only.
The final rule will be published in the Federal Register tomorrow and will be available at www.uscis.gov (http://www.uscis.gov). The final rule is effective on May 16, 2011. Employers may continue to use the current version of the Form I-9 (Rev. 08/07/2009) or the previous version (Rev. 02/02/2009). The Handbook for Employers, Instructions for Completing the Form I-9 (M-274) was updated on Jan. 5, 2011, and is available for review at www.uscis.gov/files/form/m-274.pdf (http://www.uscis.gov/files/form/m-274.pdf).
Let us know if we can help in your I-9, E-verify or Public Access Files compliance.
More... (http://www.visalawyerblog.com/2011/05/uscis_issues_final_rule_on_emp.html)
The main changes made by the interim rule and adopted by the final rule include: prohibiting employers from accepting expired documents; revising the list of acceptable documents by removing outdated documents and making technical amendments; and adding documentation applicable to certain citizens of the Federated States of Micronesia and the Republic of the Marshall Islands.
Employers must complete Form I-9 for all newly hired employees to verify their identity and authorization to work in the United States. The list of acceptable documents that employees may present to verify their identity and employment authorization is divided into three sections: List A documents, which show identity and employment authorization; List B documents, which show identity only; and List C documents, which show employment authorization only.
The final rule will be published in the Federal Register tomorrow and will be available at www.uscis.gov (http://www.uscis.gov). The final rule is effective on May 16, 2011. Employers may continue to use the current version of the Form I-9 (Rev. 08/07/2009) or the previous version (Rev. 02/02/2009). The Handbook for Employers, Instructions for Completing the Form I-9 (M-274) was updated on Jan. 5, 2011, and is available for review at www.uscis.gov/files/form/m-274.pdf (http://www.uscis.gov/files/form/m-274.pdf).
Let us know if we can help in your I-9, E-verify or Public Access Files compliance.
More... (http://www.visalawyerblog.com/2011/05/uscis_issues_final_rule_on_emp.html)
more...
sriramkalyan
04-29 01:38 PM
I think it means , can enter country with H1B visa stamped before entering, if Advance parole is not there
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pappu
04-06 03:35 PM
Michele Wucker will be on MSNBC Saturday
(tomorrow, April 7) in three different five-minute slots between
11:30 a.m. and 1 p.m. ET debating Patrick Buchanan on immigration.
In the past she has written favorably on EB legal immigrants. She has many spots on MSNBC lately (at least once a week).
If you do want to receive alerts of future tv and radio appearances
then YOU MUST SIGN UP for her "media" list by clicking the following
link
http://wucker.com/phplist/?p=subscribe&id=3
IV urges its members to write to her so that she contines to speak about our plight.
(tomorrow, April 7) in three different five-minute slots between
11:30 a.m. and 1 p.m. ET debating Patrick Buchanan on immigration.
In the past she has written favorably on EB legal immigrants. She has many spots on MSNBC lately (at least once a week).
If you do want to receive alerts of future tv and radio appearances
then YOU MUST SIGN UP for her "media" list by clicking the following
link
http://wucker.com/phplist/?p=subscribe&id=3
IV urges its members to write to her so that she contines to speak about our plight.
more...
kshitijnt
12-12 06:55 AM
Hello everyone,
My driver's license has come up for renewal in Feb 2009. I have 2 yrs EAD.I have send my H1 for renewal but it has not got yet approved..
My employer suggessted that I use my EAD card to get my license renewed. In Ideal case I would like to use my approved H1 to renew my license. However since its taking time for my H1 renewal can I use my EAD card to get my license renewed.
Guru's pls guide
Thanks
Kapil
Every state has different rules. You are from which state?
My driver's license has come up for renewal in Feb 2009. I have 2 yrs EAD.I have send my H1 for renewal but it has not got yet approved..
My employer suggessted that I use my EAD card to get my license renewed. In Ideal case I would like to use my approved H1 to renew my license. However since its taking time for my H1 renewal can I use my EAD card to get my license renewed.
Guru's pls guide
Thanks
Kapil
Every state has different rules. You are from which state?
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miguy
08-27 02:00 PM
any other ideas folks???
more...
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3d Nirvana
06-06 12:26 AM
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ivgclive
04-20 03:48 PM
My emp. filed H1 ext in Jan 2011 and got RFE.
My (existing) H1 extension is expiring on 25th March... which is just less than a week away.
and my employer may submit RFE documents in First week of May...
What would be my legal status during this period?
My H1 extension was filed with regular processing, Is it advice able to upgrade it to premium while or before submitting the RFE docs?
Please advice.
Thx....
You are perfectly OK.
Until USCIS takes a "decision" which is "approved / denied", you keep the legal status.
Premium? If $1300 is not a matter for you yes.
RFE response & Premimum are two different channels now in your case, they will be updated separately.
Remember the Premium process begins the moment USCIS enters data into the system. Not the day your check is received. But it is worth. You will get a decision (with RFE response on its way) within a month.
My (existing) H1 extension is expiring on 25th March... which is just less than a week away.
and my employer may submit RFE documents in First week of May...
What would be my legal status during this period?
My H1 extension was filed with regular processing, Is it advice able to upgrade it to premium while or before submitting the RFE docs?
Please advice.
Thx....
You are perfectly OK.
Until USCIS takes a "decision" which is "approved / denied", you keep the legal status.
Premium? If $1300 is not a matter for you yes.
RFE response & Premimum are two different channels now in your case, they will be updated separately.
Remember the Premium process begins the moment USCIS enters data into the system. Not the day your check is received. But it is worth. You will get a decision (with RFE response on its way) within a month.
more...
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vennella
06-18 02:34 PM
My husband's employer filed for green card under EB-1 (OR). I-140 got approved, I-485 is pending. I already did my fingerprinting. My husband's is scheduled for next week. We did not get EAD or AP yet.
Meanwhile I need to travel to Europe on business. I have a valid H-1 to re-enter US. Would my AP get approved before I return to US? If so, can I still enter with my valid H-1? My husband is planning to delay his biometrics until I get back. Are there any problems with this plan? Please advise
Meanwhile I need to travel to Europe on business. I have a valid H-1 to re-enter US. Would my AP get approved before I return to US? If so, can I still enter with my valid H-1? My husband is planning to delay his biometrics until I get back. Are there any problems with this plan? Please advise
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harsh
12-30 10:39 PM
I read somewhere that the new memo is effective immediately. So you should consult with your immigration attorney soon. You might be able to take advantage of the new memo and get 6 years of H1b.
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agupta2683
07-08 03:07 PM
I'm trying to schedule an appointment for non-immigrant visa in August/September timeframe from last one week without any success. After filling the forms, and continuing further for checking the available dates, I get a message saying : " Interview appointments not currently available, please check back in 24 hours. "
I would really appreciate if you can educate me of what I might be doing wrong.
Thanks,
Ashish
I would really appreciate if you can educate me of what I might be doing wrong.
Thanks,
Ashish
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cygent
12-19 05:09 PM
All,
I have created DIGG article for this, Please digg it.
http://digg.com/business_finance/How_to_Solve_the_Housing_Crisis_Let_in_More_Immigr ants_to_B_2
Add this/your comment that involve the backlogged legal community already working in the USA, instead of more H1's. Thank you!
******
Why is Gary looking outside of USA to tap potential home buyers? Just for folks who aren't aware - there are 500,000 high skilled legal immigrant already in USA who are waiting in queue for numbers of years to get their Permanent Residency. Thanks to the limited visa availability based on country chargeability (birth of applicant) and inefficiency of immigration system, these highly skilled, tax paying and law abiding immgrants are waiting for their Green Card (Permanent residency). Some of them have studied here, worked here for years and US is almost a second home to them. They are sitting on pile of cash, Yes - PILE OF HARD CASH. They wouldn't buy house or any big ticket items until they get Green card. Why not give these people, who are already part of our system, conditional Permanent Residency who buy houses. This will also get us immediately required cash and home inventory will go down as much as 300K at minimum. P.S. I AM TALKING ABOUT HIGH SKILLED LEGAL IMMGRANTS AND NOT ABOUT ILLEGAL IMMIGRANTS.
I have created DIGG article for this, Please digg it.
http://digg.com/business_finance/How_to_Solve_the_Housing_Crisis_Let_in_More_Immigr ants_to_B_2
Add this/your comment that involve the backlogged legal community already working in the USA, instead of more H1's. Thank you!
******
Why is Gary looking outside of USA to tap potential home buyers? Just for folks who aren't aware - there are 500,000 high skilled legal immigrant already in USA who are waiting in queue for numbers of years to get their Permanent Residency. Thanks to the limited visa availability based on country chargeability (birth of applicant) and inefficiency of immigration system, these highly skilled, tax paying and law abiding immgrants are waiting for their Green Card (Permanent residency). Some of them have studied here, worked here for years and US is almost a second home to them. They are sitting on pile of cash, Yes - PILE OF HARD CASH. They wouldn't buy house or any big ticket items until they get Green card. Why not give these people, who are already part of our system, conditional Permanent Residency who buy houses. This will also get us immediately required cash and home inventory will go down as much as 300K at minimum. P.S. I AM TALKING ABOUT HIGH SKILLED LEGAL IMMGRANTS AND NOT ABOUT ILLEGAL IMMIGRANTS.
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LostInGCProcess
09-02 10:53 AM
^^bump^^
newbie2020
09-05 05:08 AM
If you can go out of the country and return on L1 the new I-94 will take effect. COS should not impact, An attorney can advise better on this.
lostinbeta
10-13 12:49 AM
Are you making the layer at 50% opacity? if so, then that is why, because everything on that layer will be at 50%. So create a new layer and do the Stroke.
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