vamsi_poondla
10-17 03:04 PM
Hi,
I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.
Krishna.
I changed the address and notified that with USCIS using AR-11 form. After you submit that form, you will be asked whether there are any pending applications with USCIS for which the address change has to be applied. If you select that option, one after other you can give your receipt numbers of I-485, I-131 and I-765 and change the addresses. It is not a big deal.
At the same time, I advice you not to change the address, if the EAD status says "Card Production Ordered" or "Approval Notice Sent".
Coming to Postal Dept, they will forward everything unimportant like flyers, stupid credit card offers, and yellow pages, but promptly return USCIS documents back to them. So, you need to call in CIS helpline and request them to resend the documents.
BTW for someone who applies in June 2007, I think it is too delayed if you did not receive EAD. Did you check with CIS why it is delayed?
I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.
Krishna.
I changed the address and notified that with USCIS using AR-11 form. After you submit that form, you will be asked whether there are any pending applications with USCIS for which the address change has to be applied. If you select that option, one after other you can give your receipt numbers of I-485, I-131 and I-765 and change the addresses. It is not a big deal.
At the same time, I advice you not to change the address, if the EAD status says "Card Production Ordered" or "Approval Notice Sent".
Coming to Postal Dept, they will forward everything unimportant like flyers, stupid credit card offers, and yellow pages, but promptly return USCIS documents back to them. So, you need to call in CIS helpline and request them to resend the documents.
BTW for someone who applies in June 2007, I think it is too delayed if you did not receive EAD. Did you check with CIS why it is delayed?
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BharatPremi
10-19 01:40 PM
LC Salary:- $85,000
LC Location:- New York
New Job Salary:- $74,000
New job Title and Job duties are same.
Is it advisable to invoke AC21 when new job salary is less than original LC salary but more than prevailing wage of new location.
As per Aytes memo there should not be substantial salary difference. Has anyone invoked AC21 when new job salary is less than LC salary.
I've consulted few immigration laywer and the opinion differs.
Experts.... Please help
My opinion not legal advise: One can join other employer after 180 days from the 485 Receipt date with same or high salary than prevailing wage,keeping job description and Job code similar to use AC21. If you feel you are following this then you will be fine otherwise doomed.
Only confusion remains is this: When you filed LC with current employer at that time prevailing wage was 85K so
your "LC Salary" is 85K. Now say after 5 years seeing the economic condition of the
overall job market if DOL has made prevailing wage say for an example "$74K" for the
same job code now then what? In this case should your AC21 be denied or accepted? If
some expert can guide us, we would highly appreciate for this scenario.
Notes:
1) Remuneration, bonus etc do not fit the definition of "wage". So I would negotiate 20K higher job with wage equal
to current wage and 20k bonus if I can.
2) Geographic location should not matter while changing the employer.
LC Location:- New York
New Job Salary:- $74,000
New job Title and Job duties are same.
Is it advisable to invoke AC21 when new job salary is less than original LC salary but more than prevailing wage of new location.
As per Aytes memo there should not be substantial salary difference. Has anyone invoked AC21 when new job salary is less than LC salary.
I've consulted few immigration laywer and the opinion differs.
Experts.... Please help
My opinion not legal advise: One can join other employer after 180 days from the 485 Receipt date with same or high salary than prevailing wage,keeping job description and Job code similar to use AC21. If you feel you are following this then you will be fine otherwise doomed.
Only confusion remains is this: When you filed LC with current employer at that time prevailing wage was 85K so
your "LC Salary" is 85K. Now say after 5 years seeing the economic condition of the
overall job market if DOL has made prevailing wage say for an example "$74K" for the
same job code now then what? In this case should your AC21 be denied or accepted? If
some expert can guide us, we would highly appreciate for this scenario.
Notes:
1) Remuneration, bonus etc do not fit the definition of "wage". So I would negotiate 20K higher job with wage equal
to current wage and 20k bonus if I can.
2) Geographic location should not matter while changing the employer.
GCSOON-Ihope
11-03 04:04 PM
Hi,
I'm on H1b visa. My employer refuses to pay for my medical insurance. Does anyone know if this is legal?
Thanks.
Is medical coverage provided by the company to all other employees?
If so, there is no reason why you should be denied coverage, H1 or not...
Otherwise, there is no legal obligation from the employer to provide medical insurance to his employees.
Welcome to America.
I'm on H1b visa. My employer refuses to pay for my medical insurance. Does anyone know if this is legal?
Thanks.
Is medical coverage provided by the company to all other employees?
If so, there is no reason why you should be denied coverage, H1 or not...
Otherwise, there is no legal obligation from the employer to provide medical insurance to his employees.
Welcome to America.
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ItIsNotFunny
12-03 05:40 PM
Bump ^^^^
Keep pledging. We need to make this happen.
Keep pledging. We need to make this happen.
more...
gcnotfiledyet
04-20 01:53 AM
You will be extremely lucky to get any student loans without a US citizen/GC co-signer. I tried it in 2005 and had to get a co-signer. Now with economy tanking it will be tough sell without a co-signer. So do not waste lot of time in searching for student loans in US.
As for credit cards, new laws passed by congress will not come into effect until July 2010. So until then credit card companies can screw you left and right. That beast is best not to deal with. Do not trust any lifetime APRs or anything from credit card companies. They can jack up your rates for no reason. There are no laws protecting consumers. Do not become another statistics in their game. No amount of credit card arbitrage justifies the time it needs.
You can try HELOC if you have equity in your house.
In my opinion even if you are paying 13.5%, it is best to keep student loans from banks. You can put them in deferment 6months post graduation or until you find a job. If you lose a job then you can get extension of deferment later down the road. The advantages associated with student loans are priceless. The money you will save by trying something different might not be your one month salary. In short not worth the headache.
As for credit cards, new laws passed by congress will not come into effect until July 2010. So until then credit card companies can screw you left and right. That beast is best not to deal with. Do not trust any lifetime APRs or anything from credit card companies. They can jack up your rates for no reason. There are no laws protecting consumers. Do not become another statistics in their game. No amount of credit card arbitrage justifies the time it needs.
You can try HELOC if you have equity in your house.
In my opinion even if you are paying 13.5%, it is best to keep student loans from banks. You can put them in deferment 6months post graduation or until you find a job. If you lose a job then you can get extension of deferment later down the road. The advantages associated with student loans are priceless. The money you will save by trying something different might not be your one month salary. In short not worth the headache.
WillIBLucky
05-30 01:39 PM
Ideally all H1B people who are interested in immigrating will apply for GC around the 2nd or 3rd year of H1B.
If you are in EB2/EB3 you will and apply for Labor and/or I140 during the 3rd year, by the time you reach the 6th year you will be surely be able to apply for extension as by then you will be eligible even if your I140 is not approved as it will cross 365 days in pending state by then. If its approved then all the more you are safe.
The problem comes only for those who delay their GC process till the end of the H1B visas 5th or 6th year and those who are stuck in BEC.
Otherwise having this rule actually wont affect many people in future. So I would not worry about this rule.
If you are in EB2/EB3 you will and apply for Labor and/or I140 during the 3rd year, by the time you reach the 6th year you will be surely be able to apply for extension as by then you will be eligible even if your I140 is not approved as it will cross 365 days in pending state by then. If its approved then all the more you are safe.
The problem comes only for those who delay their GC process till the end of the H1B visas 5th or 6th year and those who are stuck in BEC.
Otherwise having this rule actually wont affect many people in future. So I would not worry about this rule.
more...
ss1026
08-06 08:58 AM
According to USCIS Ombudsman 1/3rd of cases are pending more than 1 year due to namecheck. Also there are many cases stuck for more than 3 years. E
I think that 1/3 of PENDING cases have been stuck for more than one year, not 1/3 of all cases. Trust me if 1/3 of all cases were stuck for more than one year, there would be a huge outcry
I think that 1/3 of PENDING cases have been stuck for more than one year, not 1/3 of all cases. Trust me if 1/3 of all cases were stuck for more than one year, there would be a huge outcry
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gc_wannabe
06-17 09:12 PM
TOTALLY unknown...
No one knows what they look at and won't look at while deciding on your I485. If you one of the "chosen" one, you may get called for personal interview and I have heard lots of horror stories about the stuff they asked at the interview. At the same most of the people get the GC without hitch.
So, the morale of the story is stop worrying. There is nothing you can do/prepare to effect decision on your I-485. Since you have played by book and assuming you don't have any law related issues, you should be fine.
Cheers
ArkBird
Thank you.
No one knows what they look at and won't look at while deciding on your I485. If you one of the "chosen" one, you may get called for personal interview and I have heard lots of horror stories about the stuff they asked at the interview. At the same most of the people get the GC without hitch.
So, the morale of the story is stop worrying. There is nothing you can do/prepare to effect decision on your I-485. Since you have played by book and assuming you don't have any law related issues, you should be fine.
Cheers
ArkBird
Thank you.
more...
wandmaker
05-14 02:19 PM
This is not a joke, we have received this querry, and are seeking some helpful advice.
If you have worked on location other than what's mentioned in the certified LCA, it will be considered as an unauthorized employment, eventually application for adjustment of status will be denied on the basis of you engaged in unauthorized employment.
If you have worked on location other than what's mentioned in the certified LCA, it will be considered as an unauthorized employment, eventually application for adjustment of status will be denied on the basis of you engaged in unauthorized employment.
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sparky123
07-18 01:12 PM
Any ideas to help speeden up the PERM processing in Atlanta center?
Hundreds of folks are stuck for more than 150 days and are in a critical situation now.
Please help us with ur suggestions...
Hundreds of folks are stuck for more than 150 days and are in a critical situation now.
Please help us with ur suggestions...
more...
Motivated
01-06 08:38 AM
So many bills are introduced but most don't even see day of light.. I personally don't see this ever passing the congress.. For most treaty countries this feature is already available and its called E1/E2 visa.. There is no limit on number of people and number years for visa.
Exactly, many bills are introduced, but >80% of them do not come out of the committees. If the bill has support form a large number of legislators then it has a chance! Besides Lugar and Kerry who else supports this bill?
Exactly, many bills are introduced, but >80% of them do not come out of the committees. If the bill has support form a large number of legislators then it has a chance! Besides Lugar and Kerry who else supports this bill?
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kondur_007
02-15 06:26 PM
I have the same query:
Permit: using EAD and calling AC21
Role: exactly the same.
Salary: large difference (bayarea vs small city in under developed state) due to the prevailing wage at the new location is far lower.
Experts please advice.
As discussed above with cyrus mehta's blog: This is all discretionary:
My definition f discretionary: "You need a good lawyer which can wrap your sandwich in "golden wrap" and sell it for $45 instead of seeling it in a "brown bag" for $3.75. It's the same sandwich!!" It sounds harsh, but that's the reality when you deal with a demon called "Law and Lawyers".
Simple version: have it worded by a good lawyer to justify it and make it "same or similar". It is the "wrap" that determines the "price".
Good Luck.
Permit: using EAD and calling AC21
Role: exactly the same.
Salary: large difference (bayarea vs small city in under developed state) due to the prevailing wage at the new location is far lower.
Experts please advice.
As discussed above with cyrus mehta's blog: This is all discretionary:
My definition f discretionary: "You need a good lawyer which can wrap your sandwich in "golden wrap" and sell it for $45 instead of seeling it in a "brown bag" for $3.75. It's the same sandwich!!" It sounds harsh, but that's the reality when you deal with a demon called "Law and Lawyers".
Simple version: have it worded by a good lawyer to justify it and make it "same or similar". It is the "wrap" that determines the "price".
Good Luck.
more...
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msp1976
02-15 11:33 AM
How about requesting a $1donation when a non-contributing member ask a question, or $5 dollars for ten posts.It is not much but will definitely bring some revenue.
We can have a forum like member only access...where the question can only be posted by payed members or by people who pay a small donation? The idea is that the amount requested is not much ,which anyone can afford, but the number of questions people ask on our forum will definitely generate some revenue.
We can start a volunteer thread as a pilot program to see what kind of response we get...what do Core and rest of the member think of it?
Some of us have a fair study of the immigration laws....Our knowledge is anecdotal.....but still we are not lawyers and we donot want to get into a situation in which we get sued for providing potentially incorrect info....No one wants to mislead anyone but accepting money for service makes us step into an unknown territory....
We want to educate members as much as possible but this is not core business...
All advice we provide is with a caveat that users should check with their lawyesr for feasibility....
We can have a forum like member only access...where the question can only be posted by payed members or by people who pay a small donation? The idea is that the amount requested is not much ,which anyone can afford, but the number of questions people ask on our forum will definitely generate some revenue.
We can start a volunteer thread as a pilot program to see what kind of response we get...what do Core and rest of the member think of it?
Some of us have a fair study of the immigration laws....Our knowledge is anecdotal.....but still we are not lawyers and we donot want to get into a situation in which we get sued for providing potentially incorrect info....No one wants to mislead anyone but accepting money for service makes us step into an unknown territory....
We want to educate members as much as possible but this is not core business...
All advice we provide is with a caveat that users should check with their lawyesr for feasibility....
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kaisersose
06-02 03:24 PM
You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?
Here is how I see it,
1. You use your EAD and quit your employer.
2. Your H employer cancels your H-1 and therefore the H-4 is cancelled too.
3. When it is time for your wife to apply for AOS, she has show proof that she is legally in the US at that time.
4. But she is no longer in the US legally and so she cannot really apply.
I would not take this route. Instead I suggest you try to get her a different visa (h1, F1, etc) and make her status independent of yours. If not, then you will have to hold on to a H status until her PD becomes current.
Here is how I see it,
1. You use your EAD and quit your employer.
2. Your H employer cancels your H-1 and therefore the H-4 is cancelled too.
3. When it is time for your wife to apply for AOS, she has show proof that she is legally in the US at that time.
4. But she is no longer in the US legally and so she cannot really apply.
I would not take this route. Instead I suggest you try to get her a different visa (h1, F1, etc) and make her status independent of yours. If not, then you will have to hold on to a H status until her PD becomes current.
more...
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chanduv23
03-03 12:14 PM
chanduv
thanks for the encouraging reply. it seems like some people are getting denials without any NOIDs and are going out of status due to that. my previous company is not going to revoke my I-140 so that is not a problem. however i am concerned about any other stupid reasons that these people might put in a denial and make us go through the suffering process. do you know of any such situations or do you think that the USCIS is completely aware of this AC21 clauses and that they do not simply deny the cases. I know i am asking a completely insane question but just wanted to try any ways.
thanks a lot in advance.
Check out my blog on IV also check some threads that ran in past.
Remember - RFE for employment does not necessarily get triggered because of 140 revoke - it can be triggered even if you change address (see some threads)
thanks for the encouraging reply. it seems like some people are getting denials without any NOIDs and are going out of status due to that. my previous company is not going to revoke my I-140 so that is not a problem. however i am concerned about any other stupid reasons that these people might put in a denial and make us go through the suffering process. do you know of any such situations or do you think that the USCIS is completely aware of this AC21 clauses and that they do not simply deny the cases. I know i am asking a completely insane question but just wanted to try any ways.
thanks a lot in advance.
Check out my blog on IV also check some threads that ran in past.
Remember - RFE for employment does not necessarily get triggered because of 140 revoke - it can be triggered even if you change address (see some threads)
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rbachu21
02-03 12:04 AM
Is your FOIA request completed? Did you get your I-140 Approval Notice? If yes, how long did it take?
more...
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TeddyKoochu
05-19 03:09 PM
I am not aginst the OP or generalizing the B1 abuse. I am stating my opinion of what could be the reason behind the denial. You know, now a days even people are getting 221g for the H4 stamping. It does not matter what visa you are going for, the US consulates just looking for a execuse to reject. Not only in India, there are lot of people getting 221g in Canada, and got stuck up there.
I agree with you that these days it is really hard to get any kind of visa the inherent intent is to deny. I also happen to know of acase first hand where H4 was denied (E-E Memo).
I agree with you that these days it is really hard to get any kind of visa the inherent intent is to deny. I also happen to know of acase first hand where H4 was denied (E-E Memo).
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zigma
04-04 07:14 AM
All the posts that I have seen on the forum are related to what we should ask for regarding ammendments and changes to the proposed bills.
Why don't we also offer our services in return for quick approval????
This is part of the idea that I had a while back after listening to Prez. Bush's address to the nation. He said that the fed will increase funding to increase the number of Science and Maths teachers. Well, why don't we offer our services. Anyone working in the STEM fields shall have to work for say 4 hours a week at local schools teaching Science/ Maths, etc. We know all desis can do that. Most have an engineering background or are good at math anyways.
This way the government can
1. solve the teacher shortage problem
2. provide more students (future generations) with the education
3. can actually show that legal immigrants add value to society at the grass root level
I am sure that we can and do much more, but most is not directly visible to the population. This has the potential to provide a big impact.
Why don't we also offer our services in return for quick approval????
This is part of the idea that I had a while back after listening to Prez. Bush's address to the nation. He said that the fed will increase funding to increase the number of Science and Maths teachers. Well, why don't we offer our services. Anyone working in the STEM fields shall have to work for say 4 hours a week at local schools teaching Science/ Maths, etc. We know all desis can do that. Most have an engineering background or are good at math anyways.
This way the government can
1. solve the teacher shortage problem
2. provide more students (future generations) with the education
3. can actually show that legal immigrants add value to society at the grass root level
I am sure that we can and do much more, but most is not directly visible to the population. This has the potential to provide a big impact.
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toprasad
06-11 07:43 AM
I have copies of all my I-20's and H1B's with me but I never kept copies of I 94 cards. Now if they start asking for all such documents its going to be very difficult. What happens if you are missing an old I20 can you ask school to go thro their records and issue a duplicate. To be honest from 2003 onwards everything is online via SEVIS so they should not even ask us for paper documents. Same with H1 with this new system they have started from this year.
I'm guessing they would need only the latest I-94 copy since we turn in every I-94 at the time of departure from the country. I could be wrong, someone can comment. I have never kept all the I-94's, hope it is not needed.
I'm guessing they would need only the latest I-94 copy since we turn in every I-94 at the time of departure from the country. I could be wrong, someone can comment. I have never kept all the I-94's, hope it is not needed.
ssnd03
07-12 04:32 PM
Every guy thinks that his/her problem is always the biggest bottleneck
Eliminating FBI delays will restore FIFO and stop such visa bulletin fiascos.
It will not solve retrogression which is a bigger problem, but requires congressional action for number increases
Eliminating FBI delays will restore FIFO and stop such visa bulletin fiascos.
It will not solve retrogression which is a bigger problem, but requires congressional action for number increases
arsh007
01-31 08:52 AM
I agree. UnitedNations has been tirelessly providing inputs to a lot of GC cases especially the 3 year degree issues on http://www.immigration.com. His vast knowledge in these areas can surely serve as a valuable knowledge base for potential and current GC applicants. I have been following his posts on http://www.immigratio.com for around 2 years now and his inputs has benefited me in take proactive measures for my employment based GC appliction. Hope we can continue giving his valuable advice on this forum too.
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