gccovet
08-22 10:30 AM
Coming back on H-1B after using EAD
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
I am not 100% sure on this reply ....
As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.
Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.
You may want to check with some good attorney though.
Sorry, not much help.
Good luck.
GCCovet
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
I am not 100% sure on this reply ....
As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.
Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.
You may want to check with some good attorney though.
Sorry, not much help.
Good luck.
GCCovet
bslraju
05-26 04:16 PM
Dear Members:
My Lawyer was suggested that we request porting PD after the second I 140 gets approved instead of doing it at the time of applying for second I 140.
They have mentioned that, If we request porting of 140 , Then in case if it is denied then 485 also gets denied(because this is linked to the new 140). This is according to Nebraska service center press release in Nov 2010.
They suggested that I am on EAD and no longer maintaining H1 since 2008, its better apply interfiling/porting after second 140 is approved.
Guys, had any one come across this situation ? can you please advise?
Thank you in advance
---------------------------------------------------
2001 entered but still fighting for GC batch.:)
My Lawyer was suggested that we request porting PD after the second I 140 gets approved instead of doing it at the time of applying for second I 140.
They have mentioned that, If we request porting of 140 , Then in case if it is denied then 485 also gets denied(because this is linked to the new 140). This is according to Nebraska service center press release in Nov 2010.
They suggested that I am on EAD and no longer maintaining H1 since 2008, its better apply interfiling/porting after second 140 is approved.
Guys, had any one come across this situation ? can you please advise?
Thank you in advance
---------------------------------------------------
2001 entered but still fighting for GC batch.:)
pankajkakkar
03-28 05:28 PM
I read dailykos.com, a liberal blog site, often. Recently, there has been a spate of postings there that are anti H-1B and anti high tech immigration. One example, from today, is: http://www.dailykos.com/story/2007/3/28/82450/4208. I have been posting comments as cacophonix.
dailykos.com is the most powerful and most popular liberal blog. Opinion that gets set there is influential with Democratic legislators. There is significant support there for high-tech immigration, but I think the tide could easily turn.
I need help from fellow IVers in refuting such ridiculous diaries as the one above. Please register and follow developments there, and please post responses when these issues come up.
I can't stress this enough: dailykos has a strict trolling/abuse policy. If you lose your cool and start abusing, you will get banned in a flash. So please be courteous.
dailykos.com is the most powerful and most popular liberal blog. Opinion that gets set there is influential with Democratic legislators. There is significant support there for high-tech immigration, but I think the tide could easily turn.
I need help from fellow IVers in refuting such ridiculous diaries as the one above. Please register and follow developments there, and please post responses when these issues come up.
I can't stress this enough: dailykos has a strict trolling/abuse policy. If you lose your cool and start abusing, you will get banned in a flash. So please be courteous.
logiclife
03-08 12:27 PM
I got 3 emails this morning. Need more volunteers to work on this...Please email me on jay@immigrationvoice.org,
I promise I wont spam your mailbox. Just want to send you a pdf document to get your started on helping with this. we want to broaden our base otherwise the same group of people will have to keep contributing repeatedly while thousands are unaware of immigration voice.
--logiclife.
I promise I wont spam your mailbox. Just want to send you a pdf document to get your started on helping with this. we want to broaden our base otherwise the same group of people will have to keep contributing repeatedly while thousands are unaware of immigration voice.
--logiclife.
more...
insbaby
08-10 12:10 PM
Just because the PD is before 2005, doesn't mean the job needs masters degree. The job responsibilities will remain the same. The person doing the job would have acquired the necessary experience to carry out a job that falls in EB2.
Also, not everybody qualified for EB2 may be able to find a job that is in EB2. That's a different story .
----
EB3I - May 2006
Contributed 100$
Sorry, I did not phrase it properly. Apologize.
The previous post was so frustrated because EB3 is unavailable. So I was trying to say, in his point of view, it would have been a different case if the PD is somewhere around 2005/2006/current, may be he would have been ok with the Bachelor's degree.
Also, not everybody qualified for EB2 may be able to find a job that is in EB2. That's a different story .
----
EB3I - May 2006
Contributed 100$
Sorry, I did not phrase it properly. Apologize.
The previous post was so frustrated because EB3 is unavailable. So I was trying to say, in his point of view, it would have been a different case if the PD is somewhere around 2005/2006/current, may be he would have been ok with the Bachelor's degree.
StuckInTheMuck
05-04 04:54 PM
I thought same as you..and I was like what, now a query(RFE) on air travel? :)
Changed the title - better now?:) Unfortunately it does not show up where it matters (in the list of "Recent Forum Posts")
Changed the title - better now?:) Unfortunately it does not show up where it matters (in the list of "Recent Forum Posts")
more...
STAmisha
11-17 12:51 PM
My lawyer thinks they have not even started looking at TR applications.
He told me that he will file RIR conversion. What exactly is the procedure?
He told me that he will file RIR conversion. What exactly is the procedure?
number30
02-19 08:55 PM
Hello
Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
I have been given a date to do the finger prints...
How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..
The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.
Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.
As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?
Much thanks in advance
I guess it is an approval. In the cases where officer needs an approval from senior officer they issue N-652. That is standard practice.
Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
I have been given a date to do the finger prints...
How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..
The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.
Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.
As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?
Much thanks in advance
I guess it is an approval. In the cases where officer needs an approval from senior officer they issue N-652. That is standard practice.
more...
gotgc?
08-13 11:22 AM
bumping..
jskumar
09-05 10:34 AM
I got an RFE email both for me and wife (9/03 from NSC). How long does it take to arrive in mail?.
more...
BMWX5
02-22 10:35 AM
First and foremost, you need to fire attorney for not using his/her reasonable skill of not appropriately matching you to the labor suitable to you.
You need to have second thoughts on your employer/attorney, as their actions resulted loss of precious time and money, more importantly for making you loose EAD and AP, if approved, based on underlying 140 which is now denied.
It could take some more months, before you are able to file for 485 again.
Always trust experienced attorneys, don't make use of 'me too attorneys', who might have faked their resume, like some IT pros do.
Well said. However what is the necessity for you to say
<b>who might have faked their resume, like some IT pros do</b>
Take it easy...
You need to have second thoughts on your employer/attorney, as their actions resulted loss of precious time and money, more importantly for making you loose EAD and AP, if approved, based on underlying 140 which is now denied.
It could take some more months, before you are able to file for 485 again.
Always trust experienced attorneys, don't make use of 'me too attorneys', who might have faked their resume, like some IT pros do.
Well said. However what is the necessity for you to say
<b>who might have faked their resume, like some IT pros do</b>
Take it easy...
apoojo
08-23 11:09 PM
I had a quick question to add to this....
If one is on F1 and his/her spouse (who is on H1B and has filed for a Green Card) ends up with a current priority date, can the person on F1 file for the Green Card along with the spouse? Or does one have to be on H4 to ride along with the H1's COS?
Appreciate your response.
If one is on F1 and his/her spouse (who is on H1B and has filed for a Green Card) ends up with a current priority date, can the person on F1 file for the Green Card along with the spouse? Or does one have to be on H4 to ride along with the H1's COS?
Appreciate your response.
more...
manderson
04-18 08:08 AM
if u like to pay for it, there's already an option for u: EB5. price tag: $500K minimum!
yestogc
11-17 02:30 PM
the option I see is that you should get the responsibilities more clearly defined on your ex companies letter head if possible ............. if not then you can get the role details from your previous peers and manager, at each company.
Act fast as this may take time
Act fast as this may take time
more...
Porch
08-24 09:32 AM
I worked for company A till Jun 2003 on h1 for 3 years. Then i went back to India and switched to company B. Now I'm in US on L1 thru company B. I'm thinking of switching back to company A in US. But my H1 got expired on June 2004. My question: Is it possible to renew the original H1 processed by company A now and start working for it? Please help.
karthkc
03-18 01:38 PM
what is GC sponser? ABC company couldnt find a project for me. So i am on bench.
GC Sponsor is the employer who has started your Green Card process...
How did you get your EAD?
GC Sponsor is the employer who has started your Green Card process...
How did you get your EAD?
more...
akmypoints
11-04 01:26 PM
Hi Experts,
Need inputs on following scenarios.
I have approved I-140 with Company A. I am on H1 currently, 7th year. My extension is due on April 2011.
Scenario 1: If H1 extension gets denied, can I move to H4 (my wife is on h1) and then search for a job and convert from H4 to H1 using approved I-140 from company A?
Scenario 2: If I move to Company B, and do not start GC there, after 3 years, can I get 3 years extension based on approved I-140 from company A?
Scenario 3: If I move to Company B, after some time, can I move to company C using I-140 from company A?
Given the uncertainty of h1 approvals these days, please suggest favorable scenarios in the cases above.
Thanks
Need inputs on following scenarios.
I have approved I-140 with Company A. I am on H1 currently, 7th year. My extension is due on April 2011.
Scenario 1: If H1 extension gets denied, can I move to H4 (my wife is on h1) and then search for a job and convert from H4 to H1 using approved I-140 from company A?
Scenario 2: If I move to Company B, and do not start GC there, after 3 years, can I get 3 years extension based on approved I-140 from company A?
Scenario 3: If I move to Company B, after some time, can I move to company C using I-140 from company A?
Given the uncertainty of h1 approvals these days, please suggest favorable scenarios in the cases above.
Thanks
krish2005
02-20 12:00 PM
y u r scaring everyone into not visiting Life of an I.T. Grunt | Notes From The Trenches of Software Development. (http://www.)...... i visited the site many times & there was no virus...... u can hide but u cannot run from anti immigrants...... ever heard of Godzilla principle...... face the reality now to fight it or face the Godzilla later......
When you yourself have posted that itgrunt is anti H1B, what's the use of us visiting the site, ignoring the virus issue.
When you yourself have posted that itgrunt is anti H1B, what's the use of us visiting the site, ignoring the virus issue.
vavuvya
11-18 12:07 PM
You will not know until I-140 is filed as the preference category is requested on I-140 and not on the PERM.
Hi,
Yesterday i have received I-140 notice from my advocate and it is containg the below info.Can someone help me out is it for EB2 or EB3.
Notice Type : Premium Processing Receipt notice
Amount Received : $ 1475.00
Section : Mem of profession w/adv deg,or of exceptn'l ability
Sec .203(b)(2)
Can some one please helpme out in this regard.
Thanks in Advance,
Vavuvya.
Hi,
Yesterday i have received I-140 notice from my advocate and it is containg the below info.Can someone help me out is it for EB2 or EB3.
Notice Type : Premium Processing Receipt notice
Amount Received : $ 1475.00
Section : Mem of profession w/adv deg,or of exceptn'l ability
Sec .203(b)(2)
Can some one please helpme out in this regard.
Thanks in Advance,
Vavuvya.
ck2009
06-19 12:17 AM
Hi,
I received an RFE on my H1-B application this year with the following questions. My H1-B sponsorer is currently discussing with the attorneys to better handle this situation. I would appreciate if someone can respond me how to handle this scenario properly.
Following are the context from the RFE document.
---------------------------------------------------------
U.S. Citizenship and Immigration Services (USCIS) is in receipt of your Petition for a Nonimmigrant Worker (Form I-129). Additional evidence is required in order to process your application:
Y ur company provides IT Consulting services. The record does not establish where, when, or for whom the beneficiary will work. USCIS regulations at 8 CFR part 214.2(h)(2)(i)(B) provide that an H petition which requires services to be performed in more than one location must include an itinerary with the dates and locations of the services to be provided.
Submit an itinerary of the work sites the beneficiary is assigned to, to include specific dates, locations, and the name of each work site where the beneficiary�s services will be delivered.
Submit a letter from each work site that identifies the name of the project and beneficiary is assigned to, the name of the vendor through whom the beneficiary�s services are provided, and whether the work site has the ability to assign the beneficiary to a different employer. Each letter must provide the address and telephone number where a contact can be reached.
For each of the beneficiary�s work assignments, identify the succession of consulting or staffing businesses involved in the assignment of the beneficiary to each ultimate work location. Include the related succession of contracts and work orders. The contracts and work orders must provide the address and telephone number where a contact can be reached. All contracts must be signed.
For each of the beneficiary�s work assignments, submit a letter from the business with ultimate control and authority over the beneficiary�s work. The letter must address the title and duties of the beneficiary�s position, the minimum education requirement for the contracted position, and the name and title of the person who primarily supervises or will supervise the beneficiary at the work site. This information is necessary to determine whether the actual duties to be performed under contract for an end client are duties associated with the specialty occupation sought.
If the beneficiary will work on an in-house project, submit evidence describing the in-house project, the length of time the beneficiary is expected to work on the project, team members assigned to the project, their titles and duties, and invoices showing the sale of the product to your customers. Explain the qualification necessary for the project and how the beneficiary is qualified for the project. Provide copies of client contracts with details that specify the in-house project name, location, definite starting and ending dates. All contracts should be current and include signatures and contact information from representatives of both companies.
I received an RFE on my H1-B application this year with the following questions. My H1-B sponsorer is currently discussing with the attorneys to better handle this situation. I would appreciate if someone can respond me how to handle this scenario properly.
Following are the context from the RFE document.
---------------------------------------------------------
U.S. Citizenship and Immigration Services (USCIS) is in receipt of your Petition for a Nonimmigrant Worker (Form I-129). Additional evidence is required in order to process your application:
Y ur company provides IT Consulting services. The record does not establish where, when, or for whom the beneficiary will work. USCIS regulations at 8 CFR part 214.2(h)(2)(i)(B) provide that an H petition which requires services to be performed in more than one location must include an itinerary with the dates and locations of the services to be provided.
Submit an itinerary of the work sites the beneficiary is assigned to, to include specific dates, locations, and the name of each work site where the beneficiary�s services will be delivered.
Submit a letter from each work site that identifies the name of the project and beneficiary is assigned to, the name of the vendor through whom the beneficiary�s services are provided, and whether the work site has the ability to assign the beneficiary to a different employer. Each letter must provide the address and telephone number where a contact can be reached.
For each of the beneficiary�s work assignments, identify the succession of consulting or staffing businesses involved in the assignment of the beneficiary to each ultimate work location. Include the related succession of contracts and work orders. The contracts and work orders must provide the address and telephone number where a contact can be reached. All contracts must be signed.
For each of the beneficiary�s work assignments, submit a letter from the business with ultimate control and authority over the beneficiary�s work. The letter must address the title and duties of the beneficiary�s position, the minimum education requirement for the contracted position, and the name and title of the person who primarily supervises or will supervise the beneficiary at the work site. This information is necessary to determine whether the actual duties to be performed under contract for an end client are duties associated with the specialty occupation sought.
If the beneficiary will work on an in-house project, submit evidence describing the in-house project, the length of time the beneficiary is expected to work on the project, team members assigned to the project, their titles and duties, and invoices showing the sale of the product to your customers. Explain the qualification necessary for the project and how the beneficiary is qualified for the project. Provide copies of client contracts with details that specify the in-house project name, location, definite starting and ending dates. All contracts should be current and include signatures and contact information from representatives of both companies.
pointlesswait
02-13 10:06 AM
i spent around 3000$ for studies, could get only 2000$ under lifetime...
is there anyway i can claim the entire 3000?
is there anyway i can claim the entire 3000?
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