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  • saurin
    02-08 04:32 PM
    I have a question to concerning my employment status. My manager recently told me that I should look out for a new job within company or outside. I am assuming he is saying that a layoff is looming out for me. I am currently on H-1B/EAD and my wife is also working on EAD.
    I can inquire about the prsopects of getting leave of absence which will help me in getting through the immigration process since my priority date is Feb. 18,2005 EB2 India. So I am almost there.
    But I am not sure what happens if there is a RFE asking for paystubs.In that case I may not be able to produce paystubs from my company since I am on LOA. And not from any other company since I have an H-1B, I cannot be working for any other company also.

    So which is better, LOA or termination of job? Hard choice..

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  • Widget
    05-25 06:51 PM
    What about validating the visas in the US? I think it was some where in Brownback amnd.

    Some of the salient points concerning legal immigrants in the CIR bill in its current form:

    1. Bingaman amendment caps the EB green cards at 650,000 which includes derivatives like spouses.
    Comments: Previously we had 290,000 for EB green cards, but we also did not have the increased number of H1Bs and the new guest worker category H2C which is around 200,000 every year and soon they will be eligible to apply for the EB green cards which essentially increases the number of people eligible to file every year. not sure when H2C workers are eligible to file for green cards. I think H2C applicants for green cards are exempt from cap till 2009 (Pls correct me if I am wrong). Can expect a significant relief from STEM applicants. Don't know about the cap for Family based applicants

    2. STEM applicants exempt from cap even if they have not been working in exactly the same discipline as their STEM master�s degree.
    Comments: It is VERY essential that this part of the bill be preserved in the upcoming debates for the final version since one significant relief from derivatives being exempted has been removed thanks to Sen. Bingaman. Don't know how the derivatives of STEM applicants are going to be considered.

    3. No hard limit on countries. Soft cap protects visa numbers from being wasted by their downward flow.
    Comments: This is definitely going in the right direction but I still feel the exemption of derivatives and STEM provided the biggest break for EB based applicants

    4. File I 485 even if priority date is not current.
    Comments: Provides relief where spouses can't work and can start using AC21 provisions.

    Looking at the above provisions point #2 is very important to all EB categories because this is the one that provides most relief from the cap of 650,000. If anyone would like to add to these comments pls do so.... I might have analyzed certain provisions incorrectly.

    And finally congratulations to all volunteers and contributors to IV for a job well done!

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  • pappu
    11-30 06:15 PM

    If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?

    Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?


    You need to invoke IV-21 :D

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  • 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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  • Fugu
    01-11 03:02 PM
    The company should really have changed your husband to H-1B before the end of his 6th year in L-1 status. You count L-1 and H-1B time together to get a maximum of 6 years H-1B. Since he has almost used 6 years, and the cap has been reached for h-1Bs, he cannot change now. If the permanent residence (PR) process had been filed before the end of his 5th year, and he had changed to H-1B, he could get 7th+ year H-1B extensions while the PR process was ongoing. Unfortunately, there are no such extensions for L-1 holders, so that once they reach the end of their maximum stay, they must leave.

    The company could file for your husband's PR while he is outside the US, and this is worth discussing.

    Thank you for your reply.

    The reason that we chose to go the L1A route instead of the H1B is that we do not plan on living in the US forever, if it was possible to just keep continuing extending our visa then we would as it is the cheaper option for the company and gives us more freedom.

    Choosing the L1A instead of the H1B gave us up to 7 years instead of 6 before we have to apply for PR.

    I was under the impression you could apply for PR from and L1A, I am confused with your reply, why can we not apply for PR from an L1A? If the processing times are shorter then maybe it could be processed before our visa expiration.


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  • a_yaja
    08-07 06:19 PM
    From the information that you have provided, I can tell you that their argument does not hold any water. The same can be said of H1B as well. If they are tracking expiration of H1B, they certainly can do the same for EAD.


    Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.

    1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.

    2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.

    Please help me understand if their concerns are valid and if not what is the remedy.


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  • bijualex29
    09-12 11:43 AM
    Filed on 9th July at NSC
    Got receipt on 5th Sep from WAC
    EAD card ordered on 11th Sep.

    Hope this will be helpful.

    I have contributed to IV for there good work. I will never forget the 2-July visa feasco.

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  • chanduv23
    09-15 06:41 PM





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  • ilikekilo
    07-18 10:43 AM

    with all due respect, I really doubt if this is the bet way to get people to donate. Calling people cheap is not a nice thing and generally not recommended.

    I know your intentions are good and ...

    interpret nepa's message as people who did not contribute at all but yet expect a lot or whatever from IV can be categorized as cheap...

    lets help ourselves...

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  • snathan
    05-13 11:32 PM
    Hi Ruban,

    I also have my H1B extension on Sep 09. Your replies are straight to the point and very clear. Thanks for you help and support.

    When you find the answer is helpful, please click the thank you button for the attorney. It will add points for them.



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  • smsthss
    11-15 01:18 PM
    In other words, Does it matter whether I-485 is filed or not filed for a 3 year h1b extension based on approved I-140.

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  • Nitu Singh
    06-12 10:33 PM
    Thanks for the prompt reply and need clarification on few more things....
    like when the new co is in the process of transfer of h1 or after the transfer of h1 the old co revoke I-140 then ...
    1) Will I be able to get 3 yrs extension or that extension will be valid after H1 transfer ?
    2) How it will effect the future GC process by new Co.?

    need your suggestion on these too:
    3) thinking worse scenario.. after H1 transfer to new co if lay off happens...then
    how things will work out to stay on H1 status?
    4) what I should discuss/need to clarify with new empl before making a move ?



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  • Munna Bhai
    08-28 07:52 AM
    I have an apporved I/140 and RD of I/485 in May 2007 under EB3. The PD is april 01 which is unavailable per current VB. My H1 is expiring in Jan 08 (9th yr extn.) Should I get my H1 extended and also can I do it myself? Kindly advise if I go for premium processing for H1 extn., can I get it extended for 3 yrs? Any related link for extn. be appreciated. Thanks

    yes, you can..infact complete immigration process you can do yourself without any lawyer but only for 1 year as your AOS is pending. Search this forum, you will find an email from one of member who has given complete list for H1b extension.

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  • waitin_toolong
    08-10 12:40 PM
    no you do not need to register in USA. Indian registration is recognized


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  • syedajmal
    08-14 03:03 PM
    I e-filed both my EAD and AP. My EAD has been approved while I just recieved an RFE for Photos for AP. I was under the same assumption and did not send in the photos earlier. I did send it now with the RFE.

    My 2 cents, When they ask for something give it to them. I mean if they need to take fingerprints every year with EAD, this is much less stupid.

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  • samcam
    10-24 12:57 PM
    I am planning to invoke AC21 and change employers very soon. I need inpuit (good/bad) on any attorney to use. I have done initial consultation with Murthy law firm, but looks like their charges are high.

    Any input in this matter would be appreciated.

    - Samcam


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  • amsaleem
    11-07 07:42 PM
    Your current employer experience has to be prior to your labor filing date (PD). You can not use the experience you got after the filing date.

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  • krustycat
    10-24 10:40 AM
    I called uscis twice. The IO said they cannot raise a "Service Request" because they don't have enough evidence that the application was received properly and accepted for processing. They don't accept the tracking number as evidence. :confused:
    The IO asked me for the receipt #, or evidence of checks cashed because I'm not in the system yet. :mad:
    On July 9 my application was received in NSC and was signed for by F HEINAUER.
    107 days and counting... :(

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  • yabadaba
    10-17 01:25 PM
    u should just do a walk in and see. i did a walk in with my wife and the guard did not even look for the date. just walk in and see what happens.. dont say u r there to prepone...if they see the date at that time..request/beg them based on ur circumstances.

    02-24 10:42 AM
    He is the best player in cricket history. I admire his passion and dedication about cricket.
    Congratulations to all cricket lovers...

    We will remember this record all our life ...

    He has a great array of batting records...

    Some I can think of are..

    Second highest number of ODIs ( 2 more to equal S.Jayasuria)
    Second highest number of tests ( 2 more to equal S.Waugh)
    Most runs in ODIs, Tests.
    Highest individual score in ODI.
    Most number of centuries in ODI, Tests
    Most number of 50s in ODIs.

    The amazing thing is he still has the drive and enthusiasm to play at the highest level. And play really well!

    Congratulations, Sachin!

    04-30 04:03 PM
    did the committee question Greenspan about any issues related to us EB GC issues?

    Please update anyone

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