visshy
09-12 11:01 AM
We went through the similar situation few weeks back. My wife's employer took her out of payroll for sometime as she could not get her EAD approved on time. But we had to convince the manger that the delay was infact the result of USCIS processing our application late and they checked our EAD application receipt notice to make sure that we applied beyond the 90 day mark . This would help immediate managers to make a decision infavour of us when in talks with higher-up's.
Also if the application has been pending beyond 75 day , USCIS would allow you to make expedite request.
Thanks
what exactly does staying out of payroll involve? do they exclude the dates of unpaid leave on the paystub? do we need to fill up a new I9 form?
Also if the application has been pending beyond 75 day , USCIS would allow you to make expedite request.
Thanks
what exactly does staying out of payroll involve? do they exclude the dates of unpaid leave on the paystub? do we need to fill up a new I9 form?
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serega
04-21 11:10 AM
I'm in the process of convincing my FinAid rep that I am eligible with only EAD/I-485 pending/A# (no I-94 w/parolee stamp). It worked for a secondary verification for my mortgage guaranteed by USDA (Agriculture Dept.). They use the same USCIS SAVE system for verification. The truth is no one knows how to do this. My FinAid rep admitted to never having to do this. What happens when they institute a secondary check thru SAVE is it only says EAD valid, so all it does is verify your status, but does not actually notify the agency that you are eligible for any benefits - it says so in the system rules/regs. But USDA thought that was the green light to approve me for benefits, so now I'm eligible for no down payment/low-interest mortgage. I'm trying to pull the same stunt with college. They said they will consult Dept. of Ed, so that may not work. But you need to sound convincing and not fall for their ignorant BS, until they have it clearly figured out and ask you for an I-94 w/parolee stamp valid for more that a year. Truth is, none of us will ever get a stamp valid for more that a year, since AP is given in 1 year increments. But FinAid reps almost always fall for near-1-year validity of the stamp and cave to your pressure. So keep working at it until you get what you want. That'/s what I intend to do. Once you are approved w/documentation for first year, you never have to go thru the exercise again with that school, since the school ultimately decides whether you are qualified. Good luck, and I'll post my progress.
leoindiano
09-06 03:27 PM
AmericanDesi,
you hit the nail on its head.
USCIS online processing for EAD and AP is delayed by 2 to 3 months compared to paper filing. Online filing was to make it transparent, expedite the process. It is working exactly opposite.
you hit the nail on its head.
USCIS online processing for EAD and AP is delayed by 2 to 3 months compared to paper filing. Online filing was to make it transparent, expedite the process. It is working exactly opposite.
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sukhyani
01-27 10:51 AM
Birth Certificate didnt have my name and my stupid lawyer had not submitted the employment letter. We then submitted my parents' affidavit, school records and employment letter.
Later on my case was transferred to National Benefits Center and now this interview.
Later on my case was transferred to National Benefits Center and now this interview.
more...
crazy_gc
07-22 08:03 AM
application 485 - Part 2 Application type
8 options given a. to h.
based on my understanding for an EB application i should check on option a. an immigrant petition giving me an immediately available immigrant visa number has beenapproved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile orspecial immigrant military visa petition filed with this application that will give you animmediately available visa number, if approved.)
application 131 - Part 2 Application type
6 options given a. to f.
based on my understanding for an EB application i should check on option
d. I am applying for an advance parole document to allow me to return to the United States after temporary foreign travel.
Pls advise
8 options given a. to h.
based on my understanding for an EB application i should check on option a. an immigrant petition giving me an immediately available immigrant visa number has beenapproved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile orspecial immigrant military visa petition filed with this application that will give you animmediately available visa number, if approved.)
application 131 - Part 2 Application type
6 options given a. to f.
based on my understanding for an EB application i should check on option
d. I am applying for an advance parole document to allow me to return to the United States after temporary foreign travel.
Pls advise
MCQ
08-07 05:28 PM
I should have added - I'm STILL employed by them - that's how smart and forward looking they are - been bought over twice, but same management is still in charge of my division and same attitude still prevails
McQ
McQ
more...
StarSun
01-31 11:48 AM
IV Members,
Immigration Voice conducts a one hour free conference calls with attorneys for the benefit of IV members only. This opportunity is provided on the first 3 Thursdays of each month.
Ist Thursday of the month - 7 pm est with Raj Iyer from Carl Shusterman Law office
2nd Thursday of the month - 7 pm est with Ari Sauer and Greg Siskind from Visalaw
3rd Thursday of the month - 9 pm est with Prashanthi Reddy from Reddyesq
Members can send their questions to ivcoordinator@gmail.com. Members need to be present in the call for the question to be asked and answered. For call information, please visit the Members Forum (http://immigrationvoice.org/forum/forum14-members-forum/) or refer to the red colored thread titled "Free Attorney Call: Date and Lawyer Name" running on the home page under "Recent Forum Posts"
Previously recorded conference calls can be found here - IV WIki: Free Attorney Conference Calls - Recorded (http://immigrationvoice.org/wiki/index.php/Lawyer_Conference_calls)
Immigration Voice conducts a one hour free conference calls with attorneys for the benefit of IV members only. This opportunity is provided on the first 3 Thursdays of each month.
Ist Thursday of the month - 7 pm est with Raj Iyer from Carl Shusterman Law office
2nd Thursday of the month - 7 pm est with Ari Sauer and Greg Siskind from Visalaw
3rd Thursday of the month - 9 pm est with Prashanthi Reddy from Reddyesq
Members can send their questions to ivcoordinator@gmail.com. Members need to be present in the call for the question to be asked and answered. For call information, please visit the Members Forum (http://immigrationvoice.org/forum/forum14-members-forum/) or refer to the red colored thread titled "Free Attorney Call: Date and Lawyer Name" running on the home page under "Recent Forum Posts"
Previously recorded conference calls can be found here - IV WIki: Free Attorney Conference Calls - Recorded (http://immigrationvoice.org/wiki/index.php/Lawyer_Conference_calls)
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stxvr
07-09 10:46 AM
Means if we ask for AC21 then they ask for this kind of details? Also What is the Probability they ask for these details. Now I have 2 more questions:
1. if you are on H1 extension then you get new LCA at the time of H1 extension. If your current location and job are same as specified in the h1 extension LCA. (If you were working at wrong location at the time of first H1 but during the H1B extension you are working at the location specified in the LCA. Now how much is the possibility that they ask for the details for LCA Of the first H1B. Or tey look into only latest LCA).
2. One more question: If your LCA shows the city name LA but you are actually not specific in LA city but you are in LA county then is that location considered to be correct OR this is still violation?
1. if you are on H1 extension then you get new LCA at the time of H1 extension. If your current location and job are same as specified in the h1 extension LCA. (If you were working at wrong location at the time of first H1 but during the H1B extension you are working at the location specified in the LCA. Now how much is the possibility that they ask for the details for LCA Of the first H1B. Or tey look into only latest LCA).
2. One more question: If your LCA shows the city name LA but you are actually not specific in LA city but you are in LA county then is that location considered to be correct OR this is still violation?
more...
GoneSouth
07-18 04:16 PM
Anyone got a working link for this? I had at one point, but now I can't seem to find.
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billu
08-24 07:27 AM
it used to be that h4 visa period was counted as part of 6 years of h1b but not any more. But that is not a significant reason to stay on h4 visa.
more...
martinvisalaw
08-17 07:22 PM
It seems as per the new DOL Requirements two notices has to be posted at two locations ( One at Employers office and one at the client location. U.S. Department of Labor (DOL) regulations requires that a Posting Notice be posted within your organization in two conspicuous locations for 10 consecutive business days)
As this H1-B posting info might contain the salary details etc. What happens if the client policies doesn't allow posting such notices ?? so what other options are available in such a case..
The DOL requirements are not new, it's just that the method for filing the LCA is new. The employer has always needed to post the LCA, including salary information. This is not optional, so if the employer refuses, there can be no H-1B.
As this H1-B posting info might contain the salary details etc. What happens if the client policies doesn't allow posting such notices ?? so what other options are available in such a case..
The DOL requirements are not new, it's just that the method for filing the LCA is new. The employer has always needed to post the LCA, including salary information. This is not optional, so if the employer refuses, there can be no H-1B.
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chintsus
08-15 02:05 AM
My H1B visa expires on Sep 22nd of this year. I am going to file for an extension but the only concern i have is my passport expires in July 2010. Does the passport expiry date matter for the H1B extension process..i know that the visa procedure requires a passport valid for at least 6 months.
more...
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raj_k
03-23 10:24 PM
Frist's enforcement only bill will be very popular in the house, but is unlikely to pass the senate. There seems to be quite a few republican senators (Specter, Mccain, Graham, Brownback to name a few) who might vote against any bill which is not "comprehensive". They along with the dems easily have more than 50 votes to block. Now, even if Frist's passes senate, it has to be reconciled with the house version - there are plenty of vocal anti EB folks there and hardly anyone pro. So if push comes to shove, Frist would probably agree to drop the EB provisions and pass rest of the bill , so that he can take credit and hit the '08 presidential campaign trail.
Specter's will easily pass the senate, will be a miracle if it passes the house - senate conference commitee in its present form. The only hope is all the attention will be on the amnesty provisions and negotiations surrounding that, and the EB part of it will fly under the radar.
Specter's will easily pass the senate, will be a miracle if it passes the house - senate conference commitee in its present form. The only hope is all the attention will be on the amnesty provisions and negotiations surrounding that, and the EB part of it will fly under the radar.
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sukhwinderd
09-14 04:21 PM
Hi All,
I think a lof people have the LUD is 08/05/07 for 140 filed in TSC..and everyone takes their guesses. Please post if u r LUD for 140 is 08/05/2007 ;
what are you trying to get at ? or analyze?
what matters is when you filed.
I think a lof people have the LUD is 08/05/07 for 140 filed in TSC..and everyone takes their guesses. Please post if u r LUD for 140 is 08/05/2007 ;
what are you trying to get at ? or analyze?
what matters is when you filed.
more...
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gcbikari
01-07 03:29 PM
i see the estimate tool is showing
max weekly is $415
max benifits is $10k
I thought it was like 1/2 of your salary.
It will be much less considering taxes and deductions like child support etc.. :D
max weekly is $415
max benifits is $10k
I thought it was like 1/2 of your salary.
It will be much less considering taxes and deductions like child support etc.. :D
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gsrmurthy
11-22 12:51 AM
>I have a confusion. My H1 stamp on passport is expired but I have valid H1 >document untill December 2008. Can I go for stamping with valid H1 document?
If you have a valid I-797 document that shows the validity of your H1B visa, I believe you should not have a problem. Also,check with your lawyer about the same.
Since your I-485 will not get processed until your priority date is current, Once your wife is here on H4B, can you apply for her EAD? I'm in same boat as you but not yet married.
If you have a valid I-797 document that shows the validity of your H1B visa, I believe you should not have a problem. Also,check with your lawyer about the same.
Since your I-485 will not get processed until your priority date is current, Once your wife is here on H4B, can you apply for her EAD? I'm in same boat as you but not yet married.
more...
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gcwait2007
12-21 08:23 PM
Friends,
I need your opinion. I came to USA in May 2005 and my H1-B is going to expire in Feb 2008, as per I-94 card as well as stamping of the H1-B visa. Thanks to USCIS ;) for opening the gates in July 2007, I had applied for I-140, I-485, I-131 & I-765, based on my approved EB-3 labor with PD 02/2007. While my I-140 and I-485 are pending, my EAD & AP were approved and received by me. My existing H1-B is expiring in Feb 2008 and my employer company has not taken any steps to renew. The Legal Assistant replied me cooly that why I cannot use EAD. I had been taken aback by her answer.
I have planned to talk to the top management of the company, but before talking to them I want to take all your opinion. Is it adviseable to use EAD in my situation? I have 3-yrs degree qualification and have been anxiously waiting for clearance of I-140.
I look forward for your advice,
Thanks in advance
I need your opinion. I came to USA in May 2005 and my H1-B is going to expire in Feb 2008, as per I-94 card as well as stamping of the H1-B visa. Thanks to USCIS ;) for opening the gates in July 2007, I had applied for I-140, I-485, I-131 & I-765, based on my approved EB-3 labor with PD 02/2007. While my I-140 and I-485 are pending, my EAD & AP were approved and received by me. My existing H1-B is expiring in Feb 2008 and my employer company has not taken any steps to renew. The Legal Assistant replied me cooly that why I cannot use EAD. I had been taken aback by her answer.
I have planned to talk to the top management of the company, but before talking to them I want to take all your opinion. Is it adviseable to use EAD in my situation? I have 3-yrs degree qualification and have been anxiously waiting for clearance of I-140.
I look forward for your advice,
Thanks in advance
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singhsa3
08-20 07:36 PM
Looks like we are the only three so far..
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Ram_C
11-08 01:45 PM
Thanks so much RAM C.
I have one more question.. if possible could you please clarify this also for me..?
I don't know the procedure for obtaining SSN, but i gathered that I have to show my I-94 at the SSA office, along with passport and other ID's.
My I-94(at POE) and Visa stamping expired in 2006.
Got extension till 2007, and then got H1B, followed by EAD.
I haven't been outside the country, so my current valid I-94 is part of my H1 appoval notice...so do I have to show my H1 also?
Sorry.. for all the questions.. I tried to call the local office but couldn't get through...
THANK YOU
I REALLY appreciate your answers..
Yes that is true, you have to show your passport and I-94 and EAD
you should be fine if they ask about expired I-94 (with stamp) as you have an extension till 2007.
so to answer your question show H1 extension if they ask.
hope this helps.
Good Luck :)
I have one more question.. if possible could you please clarify this also for me..?
I don't know the procedure for obtaining SSN, but i gathered that I have to show my I-94 at the SSA office, along with passport and other ID's.
My I-94(at POE) and Visa stamping expired in 2006.
Got extension till 2007, and then got H1B, followed by EAD.
I haven't been outside the country, so my current valid I-94 is part of my H1 appoval notice...so do I have to show my H1 also?
Sorry.. for all the questions.. I tried to call the local office but couldn't get through...
THANK YOU
I REALLY appreciate your answers..
Yes that is true, you have to show your passport and I-94 and EAD
you should be fine if they ask about expired I-94 (with stamp) as you have an extension till 2007.
so to answer your question show H1 extension if they ask.
hope this helps.
Good Luck :)
skumar9
10-02 10:26 AM
Can you please give me ur contact details atleast ur maild id, as im also planning to go Nogales for stamping... and i need your help...
anjans
07-10 08:15 PM
Jvordar, the new company has agreed to file for H1 transfer based on reciept #. My H1 is valid till 07-15-08, so on 07-15, new employer will file for transfer.I plan to give my current employer notice on 7-15 also. In case my current employer decides to revoke I-140 , will my H1 from the new employer be rejected. My new employer is filing regular processing, and it takes 2 months...so if I-140 has been nullified by then, can USCIS reject the H1b 3 yr extension and transfer?
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