qwert_47
09-27 12:41 PM
^^^^^^^ bump
Appreciate any advice...thanks
Appreciate any advice...thanks
pa_arora
07-18 07:22 PM
1) I think you can file EAD /AP even if you dont have a AOS receipt. Can someone comment on this?
2) What all docs are required for filing EAD & AP?
2) What all docs are required for filing EAD & AP?
kondur_007
04-06 01:26 PM
One thing does not make any sense: If they have reduced the backlog so much, why can't they resume I 140 premium processing?
AILA is finally tired of asking this question, but it simply does not fit the equation that thye have not yet started premium processing (considering their love for money:p)
AILA is finally tired of asking this question, but it simply does not fit the equation that thye have not yet started premium processing (considering their love for money:p)
jayz
07-15 01:39 PM
Congrats!
How did you get this link? The Chennai website still shows dates for July 2008?
All,
Chennai Consulate has released the August appointment schedule on their site.
http://chennai.usconsulate.gov/uploads/images/K4oeM-zL_hPooV2orVvylA/ivappoint0808.pdf
I got an appointment too.. yahoooooooooo...
How did you get this link? The Chennai website still shows dates for July 2008?
All,
Chennai Consulate has released the August appointment schedule on their site.
http://chennai.usconsulate.gov/uploads/images/K4oeM-zL_hPooV2orVvylA/ivappoint0808.pdf
I got an appointment too.. yahoooooooooo...
more...
chrisj
01-17 07:26 PM
Even if the amount is just $4000, if he win the case you will have to pay his lawyer fee too. I would suggest you to resolve this by giving the actual reason. He cannot bind her to the job for 4 years.
You can talk and resolve. Most of the time if you pay back the filing fee, employers will be fine. no one want to go to court.
You can talk and resolve. Most of the time if you pay back the filing fee, employers will be fine. no one want to go to court.
dixie
01-25 08:13 PM
Bush made his statement in the context of H1-B visas, not in terms of giving GCs. So it is not as if he made a pitch for us - there are plenty of folks making a pitch for H1 visas.It does not necessarily help our cause - H1 visas may very well be addressed without fixing the EB system, as it is more convenient politically and for the corporates.
When decision making people or people at the top talk, then i believe there is a sense of realization about us.
Atleast this should provide an easy opening of our case with top leaders.
I am not saying that is it, they are dispatching GCs through Fed-Ex?
If they did, i would be really surprised.
When decision making people or people at the top talk, then i believe there is a sense of realization about us.
Atleast this should provide an easy opening of our case with top leaders.
I am not saying that is it, they are dispatching GCs through Fed-Ex?
If they did, i would be really surprised.
more...
AVAKIL10
08-03 08:34 AM
Looks like SR request denial and not EAD denial to me..Don't worry.
anilsal
12-26 11:08 PM
Will become 3 nights in a row for you folks. But you are welcome to attend the next IL state chapter concall.
http://immigrationvoice.org/forum/showthread.php?t=2708
http://immigrationvoice.org/forum/showthread.php?t=2708
more...
LostInGCProcess
08-26 02:23 PM
She can work for any company she wants... her EAD is not limited to any job/profession... So she can work for Company B or C or D
PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...
She can not get an H4 though... thats seen as abandoning your AOS status...
Hope this helps...
"She can not get an H4 though... thats seen as abandoning your AOS status..."
I have no idea how you came to this conclusion...she is a dependent I-485 applicant. Does it really matter if she is on H1 or H4? I think that is not true what you are saying.
PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...
She can not get an H4 though... thats seen as abandoning your AOS status...
Hope this helps...
"She can not get an H4 though... thats seen as abandoning your AOS status..."
I have no idea how you came to this conclusion...she is a dependent I-485 applicant. Does it really matter if she is on H1 or H4? I think that is not true what you are saying.
same_old_guy
11-10 03:42 PM
http://immigrationvoice.org/forum/showthread.php?t=3779
more...
zCool
12-14 11:43 AM
Go to Canada or India and have a vacation. You have a real job right?
Shouldn't be hard to get Visa stamped and then come back.
Shouldn't be hard to get Visa stamped and then come back.
ram_ram
06-08 02:16 PM
Not possible. You can carry your PD once the 140(based on the labor that has the PD) is approved. Not the other way..
more...
hoolahoous
03-18 11:20 PM
if H1b withdrawal is mandated then why do most of the employer's do not do it ?
shouldn't it put them in a legal situation ?
here is what I found on one of the murthy's posts
According to Department of Labor (DOL) regulations, an employer must continue to pay the H1B worker until there is a �bona fide� termination of the employment relationship. It is not clear exactly what constitutes a �bona fide termination,� but one viewpoint is that termination occurs on the day the employer notifies the H1B employee that the position has been terminated and all obligations for payment of wages terminate on the date of employment termination. The other viewpoint is that a termination only occurs when the H1B employer notifies the INS of the termination, the H1B petition is cancelled and the employer complies with the return airfare obligation for the employee. Please note that INS does not expressly spell out the options and therefore this is an unclear area of immigration law. As it can take several months for the INS to act on a revocation request, employers generally do not continue to pay wages until INS takes action. The employer usually notifies the employee of the termination date and discontinues any salary or other payments at that time. Thereafter, they notify INS.
shouldn't it put them in a legal situation ?
here is what I found on one of the murthy's posts
According to Department of Labor (DOL) regulations, an employer must continue to pay the H1B worker until there is a �bona fide� termination of the employment relationship. It is not clear exactly what constitutes a �bona fide termination,� but one viewpoint is that termination occurs on the day the employer notifies the H1B employee that the position has been terminated and all obligations for payment of wages terminate on the date of employment termination. The other viewpoint is that a termination only occurs when the H1B employer notifies the INS of the termination, the H1B petition is cancelled and the employer complies with the return airfare obligation for the employee. Please note that INS does not expressly spell out the options and therefore this is an unclear area of immigration law. As it can take several months for the INS to act on a revocation request, employers generally do not continue to pay wages until INS takes action. The employer usually notifies the employee of the termination date and discontinues any salary or other payments at that time. Thereafter, they notify INS.
anindya1234
07-17 10:34 PM
You are OK. This is taken from the 485 instructions.
File all employment-based AOS applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.
Actually my I-140 was approved from TSC; 485 was sent to TSC..but the employment letter in the package was addressed to NSC....will that be a problem?
File all employment-based AOS applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.
Actually my I-140 was approved from TSC; 485 was sent to TSC..but the employment letter in the package was addressed to NSC....will that be a problem?
more...
Canadian_Dream
04-15 02:25 PM
Please don't feed the troll.
gimme_GC2006
04-17 03:46 PM
It was mentioned last month in the AINP website that some changes would be there in the NOC list after April 15. Everybody whoever followed this thread saw the message earlier. On April 15 they removed the message from AINP website and apparantly there was no change in NOC list till now. OP gave us correct information when he/she created this thread. See my post in April 15 in this thread and I mentioned that nothing was changed in NOC list. Again going back to my original question did you follow this thread from start? I objected to this comment "I donno why people place messages with Half Knowledge". Apparantly you had the half knowlodge about this whole issue.
hey dude there's nothing in the url u posted once go to the website and click the the pressure list url.that is the actual Noc codes that are active.Today morning when i spoke to the immigraton officer in alberta he was the one who told me ok.
I think both of you are correct. :)
Initially AINP website had a message that starting April15th there will be change in NOC codes..but they removed it last week..so I guess, they are not going to change NOC list for now.
there is a big forum on Canada immigration..if you guys want to follow..
http://www.canadavisa.com/canada-immigration-discussion-board/index.php
No..I am not affiliated with site and I get no benefits by posting the link here..use the site at your discretion:D
hey dude there's nothing in the url u posted once go to the website and click the the pressure list url.that is the actual Noc codes that are active.Today morning when i spoke to the immigraton officer in alberta he was the one who told me ok.
I think both of you are correct. :)
Initially AINP website had a message that starting April15th there will be change in NOC codes..but they removed it last week..so I guess, they are not going to change NOC list for now.
there is a big forum on Canada immigration..if you guys want to follow..
http://www.canadavisa.com/canada-immigration-discussion-board/index.php
No..I am not affiliated with site and I get no benefits by posting the link here..use the site at your discretion:D
more...
virat
07-25 11:56 AM
Here is the calculation I came up with USCIS processing of our I-485 applications.
USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don�t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
So, 584/50 = 12(Approx) applications they need to process in a day, per person.
So, do you think it is viable? Of course, it is�
What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let�s us say, it takes about 1/2 the time fill the application; that�s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don�t they have enough employees (This shouldn�t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don�t care about immigrants or their plights. :rolleyes:
The assumptions here are all the 50 guys are working only on EB cases no family and other cases, they are not doing any other data entry job like putting 450/ead/ap applications into system, they are not approving any of ead/ap cases. And they are working 8 hours daily. Looking at the general work environment around i bet the productive hrs in 8 hr work day is around 5/6 hrs. So keeping in mind these factors i feel the 80000 is okay number. They certainly need more staff. My 2 cents.
USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don�t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
So, 584/50 = 12(Approx) applications they need to process in a day, per person.
So, do you think it is viable? Of course, it is�
What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let�s us say, it takes about 1/2 the time fill the application; that�s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don�t they have enough employees (This shouldn�t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don�t care about immigrants or their plights. :rolleyes:
The assumptions here are all the 50 guys are working only on EB cases no family and other cases, they are not doing any other data entry job like putting 450/ead/ap applications into system, they are not approving any of ead/ap cases. And they are working 8 hours daily. Looking at the general work environment around i bet the productive hrs in 8 hr work day is around 5/6 hrs. So keeping in mind these factors i feel the 80000 is okay number. They certainly need more staff. My 2 cents.
snathan
08-18 05:05 PM
If she is here on H4 and while she was here her H1B got approved then there is no problem. As H1B is not VISA and its intent to hire. Infact if she wanted to to Join work on H1B, she will need to apply status change application for H4 to H1B.
This is wrong...once the H1B approved the status automatically changed. If you are not paid in H1B, you are out of status. The only way to correc the status is getting paid, pay the tax and get W-2 as like anyother person.
H1B is not a vsia intend to hire. As you are not able to find a suitable american for the job, you are hiring a foreigner with speciallity skills. Means already you have a job for the person you are sponsoring.
This is wrong...once the H1B approved the status automatically changed. If you are not paid in H1B, you are out of status. The only way to correc the status is getting paid, pay the tax and get W-2 as like anyother person.
H1B is not a vsia intend to hire. As you are not able to find a suitable american for the job, you are hiring a foreigner with speciallity skills. Means already you have a job for the person you are sponsoring.
![honda civic hatchback si 1992. [17]. FS/FT: 1992 honda civic](https://lh3.googleusercontent.com/blogger_img_proxy/AEn0k_vXXXRTkbHWhyg_bS_8e9m833Ag67gM8_IKmUQYhJsMr3zspA6vBkPZ496nkGcAVv6Oj8FSQYcCYT6XWDDCQzfCzmq61lNWXdSuYTgYziQiHbGxMbi7qi40KpTcX0Pr65Nh5A=s0-d "[17]. FS/FT: 1992 honda civic")
jasmin45
08-21 10:36 AM
Go party now!
pointlesswait
08-04 11:58 AM
Obviously thansk for sharing!
my attorney said When you interfile, even if ur previous PD is current, you cannot file 140+485 together..
you have to first file the 140 requesting the previous PD be ported and then once that is approved..file you 485..!!
but he said....if ur PD is current you can take a chance and file both 140(requesting porting)+485 ..but then the chances of 485 being sent back are high..
my attorney said When you interfile, even if ur previous PD is current, you cannot file 140+485 together..
you have to first file the 140 requesting the previous PD be ported and then once that is approved..file you 485..!!
but he said....if ur PD is current you can take a chance and file both 140(requesting porting)+485 ..but then the chances of 485 being sent back are high..
hopein07
02-09 10:26 AM
http://timesofindia.indiatimes.com/Breaking_news_Indian_docs_lose_case_against_Britis h_govt/articleshow/1586856.cms
Anybody thinking of trying a lawsuit in US should better think again. It's of NO USE. It will only aggravate the average Americans and you will lose whatever little support we have from moderates. Lawsuit will yeild nothing.
We must try Gandhian approach of appealing to their innate sense of justice.
Only President bush can do something if somehow he can be convinced.
MIXED OUTCOME, WIN ONE PART, LOSE OTHER PART:
From NDTV : http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070032358&ch=11/9/2007%209:16:00%20PM
Indian doctors on HSMP visas wishing to train or work in Britain won a major court ruling in their favour on Friday.
Judges have decided that employers will now have to treat Indian doctors on par with doctors from Europe.
The court case revolved around a challenge to a health ministry guidance that would have compelled prospective employers such as hospitals to discriminate against non-European candidates, first by establishing that their skills were not found in Europe and then, if selected, to apply for work permits for them.
However, in a unanimous ruling, three judges of the Appeals Court called the ministry guidance ''illegal'', sparking instant celebrations among campaigners of the British Association of Physicians of Indian Origin (BAPIO) on Diwali day.
''This is a great ruling. We are absolutely ecstatic, and feel exuberant,'' BAPIO's Dr Sheethal Mathew said.
''Our doctors from India, Pakistan or Sri Lanka will now be able to compete with European doctors on an equal footing. Employers cannot discriminate against us now,'' he said.
The ruling is expected to immediately benefit some 10-15,000 doctors of South Asian origin, who are living in Britain and have been eagerly awaiting the outcome of the case.
However, the campaigners lost a second challenge - against the British government's abrupt changes to the Highly Skilled Migrant Programme (HSMP) last year. BAPIO challenged the changes on the grounds that their members were not consulted.
But Mathew said BAPIO will not take any further legal action.
''About 5,000 doctors were affected by the changes, and they have left already because they knew they had no choice.''
The British government introduced the HSMP scheme in 2002, offering workers such as accountants, doctors and scientists the right to settle down and work in Britain. Some 49,000 people took up the offer.
But the changes ostensibly to guard against 'abuse' of the system meant that those who had already come in on HSMP visas were faced with sudden restrictions in the job market.
Their employers would have to prove that the qualifications and skills that these candidates possessed were not available among European and British candidates. And if these non-Europeans were hired, the employers would have to apply for work permits.
Anthony Robinson, a solicitor for BAPIO said: ''As is widely acknowledged, the NHS has for many years relied upon the contribution of doctors from overseas, and in particular the Indian sub-continent, in order to provide a quality service in times of shortage of British doctors.
''Now that more British graduates are coming through, the Department of Health is trying to get round the rights of HSMP doctors who have already made Britain their home because it failed to plan ahead,''he added.
The next round of hiring by the state-sector National Health Service (NHS) is expected in January-February, 2008.
Anybody thinking of trying a lawsuit in US should better think again. It's of NO USE. It will only aggravate the average Americans and you will lose whatever little support we have from moderates. Lawsuit will yeild nothing.
We must try Gandhian approach of appealing to their innate sense of justice.
Only President bush can do something if somehow he can be convinced.
MIXED OUTCOME, WIN ONE PART, LOSE OTHER PART:
From NDTV : http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070032358&ch=11/9/2007%209:16:00%20PM
Indian doctors on HSMP visas wishing to train or work in Britain won a major court ruling in their favour on Friday.
Judges have decided that employers will now have to treat Indian doctors on par with doctors from Europe.
The court case revolved around a challenge to a health ministry guidance that would have compelled prospective employers such as hospitals to discriminate against non-European candidates, first by establishing that their skills were not found in Europe and then, if selected, to apply for work permits for them.
However, in a unanimous ruling, three judges of the Appeals Court called the ministry guidance ''illegal'', sparking instant celebrations among campaigners of the British Association of Physicians of Indian Origin (BAPIO) on Diwali day.
''This is a great ruling. We are absolutely ecstatic, and feel exuberant,'' BAPIO's Dr Sheethal Mathew said.
''Our doctors from India, Pakistan or Sri Lanka will now be able to compete with European doctors on an equal footing. Employers cannot discriminate against us now,'' he said.
The ruling is expected to immediately benefit some 10-15,000 doctors of South Asian origin, who are living in Britain and have been eagerly awaiting the outcome of the case.
However, the campaigners lost a second challenge - against the British government's abrupt changes to the Highly Skilled Migrant Programme (HSMP) last year. BAPIO challenged the changes on the grounds that their members were not consulted.
But Mathew said BAPIO will not take any further legal action.
''About 5,000 doctors were affected by the changes, and they have left already because they knew they had no choice.''
The British government introduced the HSMP scheme in 2002, offering workers such as accountants, doctors and scientists the right to settle down and work in Britain. Some 49,000 people took up the offer.
But the changes ostensibly to guard against 'abuse' of the system meant that those who had already come in on HSMP visas were faced with sudden restrictions in the job market.
Their employers would have to prove that the qualifications and skills that these candidates possessed were not available among European and British candidates. And if these non-Europeans were hired, the employers would have to apply for work permits.
Anthony Robinson, a solicitor for BAPIO said: ''As is widely acknowledged, the NHS has for many years relied upon the contribution of doctors from overseas, and in particular the Indian sub-continent, in order to provide a quality service in times of shortage of British doctors.
''Now that more British graduates are coming through, the Department of Health is trying to get round the rights of HSMP doctors who have already made Britain their home because it failed to plan ahead,''he added.
The next round of hiring by the state-sector National Health Service (NHS) is expected in January-February, 2008.
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