ameryki
10-07 11:59 PM
Hi,
Here is our situation. I am on H1 and have 485 pending for me and my wife. Both of us also have a valid EAD.
My wife was on H1 too, however since Oct'08 she relinquished her H1 status and took up another job using her EAD. Currently, we are planning to have her AP filed (her earlier AP expired in Dec'08).
Given all this, I have following questions.
a). Are there any risks associated with filing AP.
b). I presume her status has been valid so far... reason I ask is that we didn't do anything special in terms of communicating any official agency, when she jumped the boat from H1 to EAD. Were we supposed to?
c). Do you think I can get her on H4 while she continues to work using her EAD. I guess H4 option is more expensive? Any thoughts?
Appreciate any help/pointers on this.
Thanks
No risk associated with filing AP at all
You did not have to inform any official agency but she should have filed an I9 form (i think thats the form) when she used EAD for work
You cannot be on H4 and EAD either or
Here is our situation. I am on H1 and have 485 pending for me and my wife. Both of us also have a valid EAD.
My wife was on H1 too, however since Oct'08 she relinquished her H1 status and took up another job using her EAD. Currently, we are planning to have her AP filed (her earlier AP expired in Dec'08).
Given all this, I have following questions.
a). Are there any risks associated with filing AP.
b). I presume her status has been valid so far... reason I ask is that we didn't do anything special in terms of communicating any official agency, when she jumped the boat from H1 to EAD. Were we supposed to?
c). Do you think I can get her on H4 while she continues to work using her EAD. I guess H4 option is more expensive? Any thoughts?
Appreciate any help/pointers on this.
Thanks
No risk associated with filing AP at all
You did not have to inform any official agency but she should have filed an I9 form (i think thats the form) when she used EAD for work
You cannot be on H4 and EAD either or
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H1BLegal95
05-31 02:16 PM
Between who said we qualify for the "Highly skilled, working >3 years "..that exemption is being targeted for EB1 & above.
GreenGrass
09-21 09:26 PM
I second that. Ranga, from NJ had an idea about making a documentary to project the whole issue
Can we form a Human Chain protest across the major cities of the country at a predefined date and time. for instance, say Nov 9th between 11.AM and 1 PM.
This way more local people, across the country, can participate and as the timing is around lunch hours, I presume many of us can get back to work within the two hour duration.
May be this decentralized & concerted effort in all major cities/states across the country at a specified time may gather main stream media attention.
This is just a thought...
-iOptimist
Can we form a Human Chain protest across the major cities of the country at a predefined date and time. for instance, say Nov 9th between 11.AM and 1 PM.
This way more local people, across the country, can participate and as the timing is around lunch hours, I presume many of us can get back to work within the two hour duration.
May be this decentralized & concerted effort in all major cities/states across the country at a specified time may gather main stream media attention.
This is just a thought...
-iOptimist
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Munna Bhai
09-07 06:49 PM
Got IV tshirt?
Check!
Got plane ticket?
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Got hotel?
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Got motivation?
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Got the will to make a change?
Check!
Got greencard?
...
Got Greencard...."may be in next life"
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Got plane ticket?
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Got hotel?
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Got motivation?
Check!
Got the will to make a change?
Check!
Got greencard?
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Got Greencard...."may be in next life"
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desixp
05-28 08:44 PM
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sgH1
05-19 02:52 PM
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anilsal
12-11 12:11 AM
is bringing a logical explanation to the character of the fence sitters, I-RSVP-But-Do-Not-Show-Up-Nor-Will-I-Inform-
The-Person-Whom-I-RSVP-As-To-Why-I-Am-Unable-
To-Attend-An-Important-Chapter-Event, trolls, timid crowd.........
He is basically saying that some day you will get your GC and Citizenship but will always be Unhappy and searching for something in life. :) :cool::D
"If not now, then NEVER".....
The-Person-Whom-I-RSVP-As-To-Why-I-Am-Unable-
To-Attend-An-Important-Chapter-Event, trolls, timid crowd.........
He is basically saying that some day you will get your GC and Citizenship but will always be Unhappy and searching for something in life. :) :cool::D
"If not now, then NEVER".....
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delhiguy79
07-23 07:24 PM
I think we can wait till Aug 15th for I-140 receipt and if we don't get that (:( :mad: :confused: ) then we can file I-485 with the mailroom instructions from the FAQ (:) :) )
but its better to wait till Aug 12 not more than that.....
but its better to wait till Aug 12 not more than that.....
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Sunx_2004
06-26 01:57 PM
I need to apply for EAD and AP renewal, Can some one please point me in right direction as what is the process of e-file and paper file.
thnx
thnx
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rinkurazdan
05-31 10:44 AM
no news is good news until we see this beeing duiscusse don the floor of the senate...
so plese keep webfaxing, emailling, calling and contributing...
We need to keeep the momentum going.
so plese keep webfaxing, emailling, calling and contributing...
We need to keeep the momentum going.
more...
gomirage
06-15 01:42 AM
Thanks for writing. Supposing everything goes smoothly, what is on average the time frame to get to the stage where you get a PD. I'm not looking for miracles to get GC through nobel prize or gold medal. Just trying to have an idea here. Take it easy on a the poor man bro :)
If there was much advice we could give about expediting the process, there would be very few people on this board, unfortunately!
Even those who are just eligible to file for the last stage, its likely to take years longer on average.
Other than suggesting you win a Nobel prize, win an Olympic gold medal, or select the country of your birth, there is little feasible that I can say.
The good news is, things could move a lot faster than those of us that are or were stuck in the Backlog Elimination Centers.
Oh - and those talking about the reintroduction of CIR - remember, it also was taking out pretty much all AC21 provisions which will still affect people on EAD
If there was much advice we could give about expediting the process, there would be very few people on this board, unfortunately!
Even those who are just eligible to file for the last stage, its likely to take years longer on average.
Other than suggesting you win a Nobel prize, win an Olympic gold medal, or select the country of your birth, there is little feasible that I can say.
The good news is, things could move a lot faster than those of us that are or were stuck in the Backlog Elimination Centers.
Oh - and those talking about the reintroduction of CIR - remember, it also was taking out pretty much all AC21 provisions which will still affect people on EAD
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chantu
06-28 06:57 PM
If you e-file then you provide information for both. First I-485 EAD and then OPT card
If you do paper filing only I-485 EAD.
Depending on how you have applied, furnish information.
I have summarized my experiences, which is enriched by others in the following thread http://immigrationvoice.org/forum/showthread.php?t=18737. You may find some useful information.
Thanks Dhundun for your help!
If you do paper filing only I-485 EAD.
Depending on how you have applied, furnish information.
I have summarized my experiences, which is enriched by others in the following thread http://immigrationvoice.org/forum/showthread.php?t=18737. You may find some useful information.
Thanks Dhundun for your help!
more...
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new_horizon
09-14 04:05 PM
I just went through the number of members in the IV org. To my surprise I found 21,353 members. If atleast each of the member contribute atleast $5, we could easily hit above $100,000. But I am sure we all can contribute far more than $5.
What a shame that the educated highly qualified H1B holders who haven't contributed anything so far don't get it. Come on guys/girls contribute in some way...come to the rally or sponsor someone if you can't make it or atleast contribute some money. You don't want to feel guilty all throughout your life thinking you were just a free-rider.
Take advantage of this great opportunity, BECAUSE OPPORTUNITY LOST IS LOST FOREVER. IT SELDOM KNOCKS TWICE.
What a shame that the educated highly qualified H1B holders who haven't contributed anything so far don't get it. Come on guys/girls contribute in some way...come to the rally or sponsor someone if you can't make it or atleast contribute some money. You don't want to feel guilty all throughout your life thinking you were just a free-rider.
Take advantage of this great opportunity, BECAUSE OPPORTUNITY LOST IS LOST FOREVER. IT SELDOM KNOCKS TWICE.
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justice4all
07-21 09:04 PM
Hi All,
Thank you for the overwhelming response. I did skim through the responses and agree with most of the suggestions/comments if not all.
Someone had brought the issue of FIFO and if there is anything in the law that states that FIFO has to be followed. I am not a law expert myself and cannot comment on if there is any such law. But what I am basing is more on the everyday commensense behaviour that all we humans follow for any queue. FIFO is the predominant thing being done for any queue and that will be the most resonable way to process be it a bunch of applicantions waiting on a queue or to service a number of people waiting on a queue in a bank or post office or whereever it might be. That is the fair, unbiased and non-preferential way of doing things. Isn't it?
I want to make sure to convey the point that I first of all wanted to bring this issue to everyone's attention. May be my message was worded strongly, but doesn't mean that I am not flexible.
I thought suing DOL is one of the options. Of course if there are other viable alternatives that will be less demanding, less expensive and will take a more non-confronting approach but still could have an equal impact in terms of resolving the issue amicably then I am all for it. But then the obvious question is what are the other equally good options? Someone mentioned about a petition. So what is a petition and how do we do it? Also mentioned was writing letters to congressmen etc. So who do we contact and how? Please, please anyone having the information please share.
One more thing is that I am all for a dialog with IV core members and their guidance for this. Since I started this thread doesn't mean that I wanted to sideline IVs, but this is the only way I thought I could communicate to the IV platform about the agony of this issue and how people have been affected by this. So I am all for talking with IV core members on this. But please let me know how I could do that?
So please let us start acting now: The list of next possible steps (in no particular order) are:
- Decide if there are viable alternatives to a lawsuit that is more non-confronting and first try them if possible
- Get the support of IV core team for this
- If no other alternatives are available then consider filing a case. Consult an attorney for this
- Raise more awareness about this and get allt he support we can
- Raise some money towards this cause
So please please provide more inputs so that we could start making some real progress. Thanks!!
Hello Risker,
After going through all postings, it is wise to consider the following actions in order:
1. Contact the IV core team and tell our problem. Ask their input about what we can do and whom we need to contact. They may let us in correct direction.
2. In the meantime, Get the details of peoples whose case are still in backlog centre.
3. Finally, nothing works and no one help us, file a lawsuit. (As I dont know anything about the lawsuit here, many of them mentioned that the lawsuit should be done by the employer and there is more possibility of loosing.. We should not lose heart on that. In the suit, we need to ask them to make it current and keep the same filing fees until 30 Sep 07)
P.S. As one of the posting mentioned, we may also consider waiting till Sep 07 before filing lawsuit. Because DOL promised to clear all cases before 30 Sep 07. If they dont then our case become more stronger. Till then we need to contact concerned people (like IV, congressman etc) and collect all infromation.
Thank you for the overwhelming response. I did skim through the responses and agree with most of the suggestions/comments if not all.
Someone had brought the issue of FIFO and if there is anything in the law that states that FIFO has to be followed. I am not a law expert myself and cannot comment on if there is any such law. But what I am basing is more on the everyday commensense behaviour that all we humans follow for any queue. FIFO is the predominant thing being done for any queue and that will be the most resonable way to process be it a bunch of applicantions waiting on a queue or to service a number of people waiting on a queue in a bank or post office or whereever it might be. That is the fair, unbiased and non-preferential way of doing things. Isn't it?
I want to make sure to convey the point that I first of all wanted to bring this issue to everyone's attention. May be my message was worded strongly, but doesn't mean that I am not flexible.
I thought suing DOL is one of the options. Of course if there are other viable alternatives that will be less demanding, less expensive and will take a more non-confronting approach but still could have an equal impact in terms of resolving the issue amicably then I am all for it. But then the obvious question is what are the other equally good options? Someone mentioned about a petition. So what is a petition and how do we do it? Also mentioned was writing letters to congressmen etc. So who do we contact and how? Please, please anyone having the information please share.
One more thing is that I am all for a dialog with IV core members and their guidance for this. Since I started this thread doesn't mean that I wanted to sideline IVs, but this is the only way I thought I could communicate to the IV platform about the agony of this issue and how people have been affected by this. So I am all for talking with IV core members on this. But please let me know how I could do that?
So please let us start acting now: The list of next possible steps (in no particular order) are:
- Decide if there are viable alternatives to a lawsuit that is more non-confronting and first try them if possible
- Get the support of IV core team for this
- If no other alternatives are available then consider filing a case. Consult an attorney for this
- Raise more awareness about this and get allt he support we can
- Raise some money towards this cause
So please please provide more inputs so that we could start making some real progress. Thanks!!
Hello Risker,
After going through all postings, it is wise to consider the following actions in order:
1. Contact the IV core team and tell our problem. Ask their input about what we can do and whom we need to contact. They may let us in correct direction.
2. In the meantime, Get the details of peoples whose case are still in backlog centre.
3. Finally, nothing works and no one help us, file a lawsuit. (As I dont know anything about the lawsuit here, many of them mentioned that the lawsuit should be done by the employer and there is more possibility of loosing.. We should not lose heart on that. In the suit, we need to ask them to make it current and keep the same filing fees until 30 Sep 07)
P.S. As one of the posting mentioned, we may also consider waiting till Sep 07 before filing lawsuit. Because DOL promised to clear all cases before 30 Sep 07. If they dont then our case become more stronger. Till then we need to contact concerned people (like IV, congressman etc) and collect all infromation.
more...
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ajay
02-01 04:04 PM
It is better you do it online and mention that you have pending 485 in NSC. I don't think Fl has anything to do with your place of sending.
Once you file online you can get a print out of it for your reference after you pay and USCIS will send you a receipt notice stating that they received your AP request. If they need any further evidence they would send a letter to do the same. Till then just sit back and check online.
I filed mine online and they sent me a notice saying that they would require my latest passport size photo, which I sent two weeks back and now I can see that it is in process when I check online.
hth
Once you file online you can get a print out of it for your reference after you pay and USCIS will send you a receipt notice stating that they received your AP request. If they need any further evidence they would send a letter to do the same. Till then just sit back and check online.
I filed mine online and they sent me a notice saying that they would require my latest passport size photo, which I sent two weeks back and now I can see that it is in process when I check online.
hth
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akred
06-09 07:49 PM
We cannot compare EB and point system now. Only point system comes we will know the problems
But there are problems with the point system that have been foreseen and articulated right before it starts. Compare that with the EB system which has sound underlying principles and has worked fairly well. The backlogs and process delays in the EB system have resulted from
1. A lack of funding for past legalization initiatives (245(i) amnesties) AND
2. A lack of employment based green card numbers AND
3. The 7% country quota
The point system proposed in the CIR system does not address any of these 3 points, plus it is not spelt out how they would deal with the situation where a few countries submit greater than 10% of the applications with high points (what we call retrogression today).
But there are problems with the point system that have been foreseen and articulated right before it starts. Compare that with the EB system which has sound underlying principles and has worked fairly well. The backlogs and process delays in the EB system have resulted from
1. A lack of funding for past legalization initiatives (245(i) amnesties) AND
2. A lack of employment based green card numbers AND
3. The 7% country quota
The point system proposed in the CIR system does not address any of these 3 points, plus it is not spelt out how they would deal with the situation where a few countries submit greater than 10% of the applications with high points (what we call retrogression today).
more...
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santb1975
05-01 07:31 PM
We need 939$ to get to out first 10k
Total: 9061 USD.
Thanks lalithkx, sirinme, gc78
Total: 9061 USD.
Thanks lalithkx, sirinme, gc78
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billu
08-08 05:19 PM
To Simple1
What I meant to say, you�ll succeed if you have the capability (with your professional knowledge, experience and skills) in your professional filed but definitely not with USCIS.
I can say, USCIS is a great leveler in this aspect. Everybody from PhD to Programmer is same in front of USCIS. All have to wait 10+ yrs with mental tension and anxiety, no matter what your caliber is and how successful you are in your profession.
Don�t get me wrong here. I also had to suffer for visa stamping, renewals, I-94 issues, PA etc in US Visa processing (nothing sever though). At the 5th yr of H1-B, I just decided.. to hell with that.....
I don't know about you guys, but, I would be heart patient with that kind of anxiety in another 5 yrs of GC process �. Really need a lion's heart to pursue US GC now days
I agree, India is a far better option.
Assuming this discussion is about immigration/permanent-settlement and not about short term visits, work and study.
On the side note, The only problem faced in india is over population which triggers almost all other issues. If india implements onechildpolicy most of the problems faced today will disappear in few decades. Your child (note: singular) need not leave india to enjoy international level lifestyle & benefits.
As a backup plan to greencard advocacy we need to lobby the indian government to implement onechildpoilcy immediately.
ya sure n make lalu yadav the minister and ambassador for the same....
What I meant to say, you�ll succeed if you have the capability (with your professional knowledge, experience and skills) in your professional filed but definitely not with USCIS.
I can say, USCIS is a great leveler in this aspect. Everybody from PhD to Programmer is same in front of USCIS. All have to wait 10+ yrs with mental tension and anxiety, no matter what your caliber is and how successful you are in your profession.
Don�t get me wrong here. I also had to suffer for visa stamping, renewals, I-94 issues, PA etc in US Visa processing (nothing sever though). At the 5th yr of H1-B, I just decided.. to hell with that.....
I don't know about you guys, but, I would be heart patient with that kind of anxiety in another 5 yrs of GC process �. Really need a lion's heart to pursue US GC now days
I agree, India is a far better option.
Assuming this discussion is about immigration/permanent-settlement and not about short term visits, work and study.
On the side note, The only problem faced in india is over population which triggers almost all other issues. If india implements onechildpolicy most of the problems faced today will disappear in few decades. Your child (note: singular) need not leave india to enjoy international level lifestyle & benefits.
As a backup plan to greencard advocacy we need to lobby the indian government to implement onechildpoilcy immediately.
ya sure n make lalu yadav the minister and ambassador for the same....
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sam_hoosier
12-10 03:32 PM
This is something a texas IV aspiring member has to go through. I am sure Amma was the participant of one of the successful lawmaker meetings. There is something wrong here when IV is so harsh on a contributing member like Amma.
Lets be fair here. RSVPing and not showing up is rude & unprofessional, and unbecoming of so called 'high skilled immigrants'. Its besides the point that the concerned members are contributing. Not to pick on any one member, but you can always call up to let the organizer know that you have a last minute conflict come up and will not be able to make it.
Its about common courtesy & decency :cool:
Lets be fair here. RSVPing and not showing up is rude & unprofessional, and unbecoming of so called 'high skilled immigrants'. Its besides the point that the concerned members are contributing. Not to pick on any one member, but you can always call up to let the organizer know that you have a last minute conflict come up and will not be able to make it.
Its about common courtesy & decency :cool:
gvarghe
09-25 10:21 AM
This is my first post in this forum, only because I am seeing this Fragomen thread. I had a very bad experience, while working with a 'so called "reputed" India's largest software company' . Fragomen handled my L1 extension for this company, there was an RFE on a simple matter, but they took the whole time provided in RFE deadline to respond to the RFE. Finally when they responded, they responded to USCIS with the supporting documentation of some other employee. USCIS immediately denied my L1 extension petition, and I had to pack up and leave the country in a gap of 1 week. This Fragomen lawyers or paralegals have no concern or not even rendered an apology on this fiasco.
santb1975
04-26 03:04 PM
This is awesome. Thanks for your trust
Guys,
Keep up the good work, signed up for $50 a month.
Unique Transaction ID #171210094T036761N
I am recently out of project and looking for job but that would not discourage me from contributing.
BTW I have EAD.
I would like all the members to atleast contribute $50 even if one time.
Togather we can win.
Thanks
Guys,
Keep up the good work, signed up for $50 a month.
Unique Transaction ID #171210094T036761N
I am recently out of project and looking for job but that would not discourage me from contributing.
BTW I have EAD.
I would like all the members to atleast contribute $50 even if one time.
Togather we can win.
Thanks
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