ksvreg
09-25 02:18 PM
April 2008?
6months gone by and you are thinking of getting back/extension to h1b now?
it's a long time to get back to h1b status. If it is expired, then EAD is our only option now.
Your friends are right to be on h1b while 485 pending; If some thing unusual happens to ur pending 485, you are not thrown out of status. And that is when h1b will be help full.
Just in case; see what your lawyer has to say.
Thanks for the information. I did not understand the last of part of your response. If some unusual happens, how should I get on to H1B when my H1B expired in April 2008.
6months gone by and you are thinking of getting back/extension to h1b now?
it's a long time to get back to h1b status. If it is expired, then EAD is our only option now.
Your friends are right to be on h1b while 485 pending; If some thing unusual happens to ur pending 485, you are not thrown out of status. And that is when h1b will be help full.
Just in case; see what your lawyer has to say.
Thanks for the information. I did not understand the last of part of your response. If some unusual happens, how should I get on to H1B when my H1B expired in April 2008.
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04-09 11:52 AM
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01-09 02:20 PM
AILA Leadership Has Just Posted the Following:
http://4.bp.blogspot.com/_QZpVppv4FTs/S0RsZr5XFgI/AAAAAAAAACc/m6OP7jHF9vY/s320/2010-01-07+international-business-industry-night.jpg (http://4.bp.blogspot.com/_QZpVppv4FTs/S0RsZr5XFgI/AAAAAAAAACc/m6OP7jHF9vY/s1600-h/2010-01-07+international-business-industry-night.jpg)By Deborah Notkin, AILA Past President
Unfortunately, that's exactly what the Gutierrez bill is. While there are many excellent provisions on important components of immigration reform, especially family unity and legalization, the employment immigration provisions are overwhelmingly negative and geared to eliminate the employers from having any reasonable input on the specific types of foreign employees that are required in an evolving economy. The overarching provision is the establishment of a "Commission" that would determine U.S. immigration policy (numbers and categories) pertaining to temporary and permanent workers. A commission of seven "experts" would report to both houses of Congress annually the types and number of workers that could enter the U. S. Unless both houses of Congress acted to block them (a rarity in today's world), the Commission's "recommendations" would become the law of the land.
There are a number of reasons why substituting Congress with a commission is a bad idea. First, we don't have the statistical evidence available to make good measurements on an annual basis. Second, government commissions in DC overwhelmingly end up becoming unelected political entities, with their own agendas, often exceeding their original mission. Third, a politicized commission on such a controversial issue would be especially problematic because it would not be accountable directly to voters as are elected representatives. In a debate on the Commission concept that I attended in New York, proponents were struggling to find even a few examples of Beltway government commissions that worked and did not become politicized.
While the Gutierrez bill should be commended for including provisions requiring employers to take responsibility for utilizing ethical recruiters and providing a few exemptions from the employment based quota for certain types of professionals, it generally negates the legitimacy of corporate needs and lacks any concept of the global economy and the international, competitive personnel market.
Most egregious is the idea of bringing in a lesser skilled workforce through a sort of "hiring hall" lottery system that would eliminate employers entirely from the selection process. Foreign workers would be placed in a database and assigned to employers based on some computer's or bureaucrat's idea of a match. It reminds one of the unfortunate migrants who are day workers standing outside waiting to be randomly hired. Here, they can just stand in their own countries being assigned to an employer they may not have chosen if given the choice.
Additional provisions would eliminate the ability of employers to use entry level wages for entry level temporary workers. Forcing employers to pay foreign nationals more than their U.S. worker counterparts is totally absurd. Is this how we think America will benefit from the many foreign nationals who have just graduated from, among other fields, Science, Technology, Engineering, and Mathmatics, programs? And of course, the unworkable cap on H-1B temporary professional workers in a healthy economy is totally ignored, evidently to be left to the gang of seven commissioners.
It appears that Congressman Gutierrez put his heart and soul into legalization and family unity but left the employment provisions to be drafted by the most anti-employer parties in this debate. Much is borrowed from the Durbin-Grassley proposed H-1B and L-1B provisions and the Economic Policy Institute's piece on immigration, which starts out by labeling all employers using foreign workers as participants in indentured servitude.
I have only highlighted a few of the egregious provisions that promise to sink an otherwise good piece of legislation. And this does not serve anyone who sincerely wants to find a solution to the human tragedy faced by undocumented migrants in the United States.
https://blogger.googleusercontent.com/tracker/186823568153827945-4566215004987922662?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/01/gutierrez-billa-good-legalization-and.html)
http://4.bp.blogspot.com/_QZpVppv4FTs/S0RsZr5XFgI/AAAAAAAAACc/m6OP7jHF9vY/s320/2010-01-07+international-business-industry-night.jpg (http://4.bp.blogspot.com/_QZpVppv4FTs/S0RsZr5XFgI/AAAAAAAAACc/m6OP7jHF9vY/s1600-h/2010-01-07+international-business-industry-night.jpg)By Deborah Notkin, AILA Past President
Unfortunately, that's exactly what the Gutierrez bill is. While there are many excellent provisions on important components of immigration reform, especially family unity and legalization, the employment immigration provisions are overwhelmingly negative and geared to eliminate the employers from having any reasonable input on the specific types of foreign employees that are required in an evolving economy. The overarching provision is the establishment of a "Commission" that would determine U.S. immigration policy (numbers and categories) pertaining to temporary and permanent workers. A commission of seven "experts" would report to both houses of Congress annually the types and number of workers that could enter the U. S. Unless both houses of Congress acted to block them (a rarity in today's world), the Commission's "recommendations" would become the law of the land.
There are a number of reasons why substituting Congress with a commission is a bad idea. First, we don't have the statistical evidence available to make good measurements on an annual basis. Second, government commissions in DC overwhelmingly end up becoming unelected political entities, with their own agendas, often exceeding their original mission. Third, a politicized commission on such a controversial issue would be especially problematic because it would not be accountable directly to voters as are elected representatives. In a debate on the Commission concept that I attended in New York, proponents were struggling to find even a few examples of Beltway government commissions that worked and did not become politicized.
While the Gutierrez bill should be commended for including provisions requiring employers to take responsibility for utilizing ethical recruiters and providing a few exemptions from the employment based quota for certain types of professionals, it generally negates the legitimacy of corporate needs and lacks any concept of the global economy and the international, competitive personnel market.
Most egregious is the idea of bringing in a lesser skilled workforce through a sort of "hiring hall" lottery system that would eliminate employers entirely from the selection process. Foreign workers would be placed in a database and assigned to employers based on some computer's or bureaucrat's idea of a match. It reminds one of the unfortunate migrants who are day workers standing outside waiting to be randomly hired. Here, they can just stand in their own countries being assigned to an employer they may not have chosen if given the choice.
Additional provisions would eliminate the ability of employers to use entry level wages for entry level temporary workers. Forcing employers to pay foreign nationals more than their U.S. worker counterparts is totally absurd. Is this how we think America will benefit from the many foreign nationals who have just graduated from, among other fields, Science, Technology, Engineering, and Mathmatics, programs? And of course, the unworkable cap on H-1B temporary professional workers in a healthy economy is totally ignored, evidently to be left to the gang of seven commissioners.
It appears that Congressman Gutierrez put his heart and soul into legalization and family unity but left the employment provisions to be drafted by the most anti-employer parties in this debate. Much is borrowed from the Durbin-Grassley proposed H-1B and L-1B provisions and the Economic Policy Institute's piece on immigration, which starts out by labeling all employers using foreign workers as participants in indentured servitude.
I have only highlighted a few of the egregious provisions that promise to sink an otherwise good piece of legislation. And this does not serve anyone who sincerely wants to find a solution to the human tragedy faced by undocumented migrants in the United States.
https://blogger.googleusercontent.com/tracker/186823568153827945-4566215004987922662?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/01/gutierrez-billa-good-legalization-and.html)
more...
SSSarkar
06-23 09:23 AM
My lawyer have said that I need to submit last year's tax return.
Are you sure you have to submit the tax forms for filing I-485?
Are you sure you have to submit the tax forms for filing I-485?
furiouspride
04-24 08:01 PM
Contact an attorney mister. Duh?
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manderson
11-05 02:19 PM
and i thought i was alone...
Friends,
Looking at this 180 rule. I feel getting through this 180 days is being hell.
All this becuase we need freedom and going through rough times.
Good luck to one and all.
Friends,
Looking at this 180 rule. I feel getting through this 180 days is being hell.
All this becuase we need freedom and going through rough times.
Good luck to one and all.
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pcs
07-19 02:48 PM
Translate it. Sign a letter of your compretence of English ? Hindi language & get it notarized. It is that easy. Do not waste a signle penny on translation. I have been doing it for ages.
I can give you the format on email.
Please contribute to IV instead
I can give you the format on email.
Please contribute to IV instead
more...
h1techSlave
04-16 10:18 AM
Your employer could be a behemoth and has ironclad policies. But if you discuss your concerns with the HR/immigration dept., you would be surprised to find out how much accommodating they might be.
I also work for a company which has very strict immigration policies. But we collectively discussed our issues with the management. And they are listening to our concerns and are changing their policies. As long as the changes are not affecting the company FINANCIALLY, many companies would bend even their ironclad policies.
Well, doing it on my own isn't a problem. It's just that my employer is a behemoth and has ironclad policies.
Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?
Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?
Thanks.
Maverick_2008
I also work for a company which has very strict immigration policies. But we collectively discussed our issues with the management. And they are listening to our concerns and are changing their policies. As long as the changes are not affecting the company FINANCIALLY, many companies would bend even their ironclad policies.
Well, doing it on my own isn't a problem. It's just that my employer is a behemoth and has ironclad policies.
Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?
Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?
Thanks.
Maverick_2008
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BharatPremi
11-27 05:27 PM
Well...so now they have added addln staff to handle the annual load (1 - 1.3 mil) EAD/AP requests....
Not yet. It is still planning to hire those 1500. So soon USCIS will come up with argument regarding "Administrative burden" to hire those 1500 and set up training centers and it will take almost 2 years. Again we will hear the reason for further slow down due to this un anticipated work load. After 2 years USCIS will realize the "heavy financial burden" which will also be un anticipated and hence USCIS will come up with fee increase... Cycle will go on and on...
Not yet. It is still planning to hire those 1500. So soon USCIS will come up with argument regarding "Administrative burden" to hire those 1500 and set up training centers and it will take almost 2 years. Again we will hear the reason for further slow down due to this un anticipated work load. After 2 years USCIS will realize the "heavy financial burden" which will also be un anticipated and hence USCIS will come up with fee increase... Cycle will go on and on...
more...
bkn96
11-24 01:20 PM
my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..
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indi0818
03-07 12:25 PM
People keep talking about RFE and LUD (soft LUD, hard LUD). Can someone explain what these are and what do they signify? I have my EAD, AP and my 140 is just approved. I have already passed 180 days after the filing of 485. If I change jobs can my employer still revoke my I-140 and harm my 485? These may be repeated questions but I am new to the forum .. and I m unable to get specific answers.
Thanks in advance guys.
Thanks in advance guys.
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GCapplicant
06-30 01:14 PM
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ArkBird
06-24 03:02 AM
No. as per my lawyer it became unavailable in the middle of the month.
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funny
10-01 04:27 PM
Personally I dont think there would be much difference between Eb2 and Eb3 going forward (with Obama\Dick durbin presidency). With Obama CIR we might be forced to reapply in points based system in which case both eb2 and eb3 are screwed. I am not sure what sort of toxic potion is being brewed by Durbin for Eb community. Atleast with Mccain we might have 4 more years of same in which case there might be some hope for both eb2 and eb3.
I doubt that all the pending applicants in EB categories will be forced to re-apply in the new point based systems. That system might be for the new applicants, There might very well be a recapture for all the lost visa so far...to get thru the pending applications quickly so that the new point based system would be in place...I highly doubt that all the pending applicants will be forced to apply in the point based system...I would like to get input from others as well
I doubt that all the pending applicants in EB categories will be forced to re-apply in the new point based systems. That system might be for the new applicants, There might very well be a recapture for all the lost visa so far...to get thru the pending applications quickly so that the new point based system would be in place...I highly doubt that all the pending applicants will be forced to apply in the point based system...I would like to get input from others as well
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milmuk
02-06 07:35 PM
Hello experts,
My situation:
1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
Now using ead for working with the present (second) employer as a permanent employee.
3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
In 2011, I used it,since my H1 was also expired.
4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
PD July 2006
Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
Using travel visa won't be helpful for longer stay.
My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.
Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
Since I am working as a permanent employee, it will be easy to renew/maintain H1.
Is it possible to convert ead to H1? What could be the consequences?
Please advice.:confused:
Thanks
My situation:
1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
Now using ead for working with the present (second) employer as a permanent employee.
3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
In 2011, I used it,since my H1 was also expired.
4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
PD July 2006
Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
Using travel visa won't be helpful for longer stay.
My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.
Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
Since I am working as a permanent employee, it will be easy to renew/maintain H1.
Is it possible to convert ead to H1? What could be the consequences?
Please advice.:confused:
Thanks
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09-22 10:11 PM
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horscorp
02-06 08:29 PM
Ann,
Thanks for your response, really appreciate it.
I read through the memo and found guidance on changing companies while I140 is pending but did not find anything on transferring H1b while Perm is pending.
I am sure you are referring to the first part of the memo which mentions validity and expiration of LC and Perm should be filed 365 days before the end of 6 years of H1b.
Hypothetical (and probable) scenario:
She joins the company in the next three months and applies for Perm before Sep 2010. By Sep 2011, her Perm might have been denied or approved and expired or (small chance of it being approved and not expired) . In first two cases, she cannot use her current Perm and has to rely on new Perm application with new company to extend H1B. Could this petition for extension be rejected because the new Perm was not filed 365 days before end of 6 years? I am looking at worst case scenario and the basis for USCIS to reject the extension.
Sorry for asking too many questions. Hope you enjoyed 28.5 inches of snow :) we live in the suburbs.
horscorp
A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.
Thanks for your response, really appreciate it.
I read through the memo and found guidance on changing companies while I140 is pending but did not find anything on transferring H1b while Perm is pending.
I am sure you are referring to the first part of the memo which mentions validity and expiration of LC and Perm should be filed 365 days before the end of 6 years of H1b.
Hypothetical (and probable) scenario:
She joins the company in the next three months and applies for Perm before Sep 2010. By Sep 2011, her Perm might have been denied or approved and expired or (small chance of it being approved and not expired) . In first two cases, she cannot use her current Perm and has to rely on new Perm application with new company to extend H1B. Could this petition for extension be rejected because the new Perm was not filed 365 days before end of 6 years? I am looking at worst case scenario and the basis for USCIS to reject the extension.
Sorry for asking too many questions. Hope you enjoyed 28.5 inches of snow :) we live in the suburbs.
horscorp
A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.
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vivekjay
03-05 04:20 PM
This is a classic example of election year posturing where republicans want to look tough on immigration. This bill will head straight down the trash.
veni001
09-10 05:50 PM
Hi javans,
I am not an attorney, but I have seen people using 3 yrs of experience to count for 1 year of education. And EB2 category needs at least 5 years of experience in the job area in which you will be applying PERM.
Thus, 3 years of education + 3 yrs of exprience + 5 years of experience = EB2 category.
You will need an Expert letter for an accredited Evaluation to prove that 3 years of education+experience = 4 yrs of education.
I have myself not done it, but I have met few people in the past who did that.
And as far as second question goes, I have not heard anything like that at all. If you are inclined to do online course for one year, I suggest you to do Masters (1.5 years of education and .half year of research project).
Hope it helps.
Good luck!
You need to show both DOL and USCIS 4-yr degree or ABET 4-yr degree equivalent before using BS+5yr rule to qualify for EB2!
I am not an attorney, but I have seen people using 3 yrs of experience to count for 1 year of education. And EB2 category needs at least 5 years of experience in the job area in which you will be applying PERM.
Thus, 3 years of education + 3 yrs of exprience + 5 years of experience = EB2 category.
You will need an Expert letter for an accredited Evaluation to prove that 3 years of education+experience = 4 yrs of education.
I have myself not done it, but I have met few people in the past who did that.
And as far as second question goes, I have not heard anything like that at all. If you are inclined to do online course for one year, I suggest you to do Masters (1.5 years of education and .half year of research project).
Hope it helps.
Good luck!
You need to show both DOL and USCIS 4-yr degree or ABET 4-yr degree equivalent before using BS+5yr rule to qualify for EB2!
MatsP
September 7th, 2006, 06:46 AM
If the cause of wobble on your tripod is the effect of you touching the camera to change the settings, you may want to try the auto-bracketing [although if you have a P&S type camera, it may not have auto-bracketing], which takes three (or five) shots with varying levels of under/over exposure [you can select how much on each photo, and adjust where you start from by adjusting the overall exposure compensation, so if you set +/-1 stop and then start with +1, you get 0, +1 and +2 exposures of the same subject, taken in sequence by the camera...]
--
Mats
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Mats
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