surendraz
06-15 06:22 PM
Thanks for the information sharing that has been triggered by the marvelous move by INS by making the dates current....
This may be a rudimentary question, before I ask this Q to my attorney, I wanted to get some information from the public who are in the same boat as I am...
My PD is Dec 2005. I have 2 more years of valid H1B visa time.
Lets assume that I apply for my 485 in a month or two and that I get my EAD by november. I hunt for my "right" partner and get married after november and I plan to get bring her to US of A... here are my Q's
1) Is my H1 going to be valid after I get my EAD approved?
2) Do I "have" to use my EAD card and discard my H1 at all? Can I travel back and forth to India on my H1 even after I have my EAD?
3) Suppose that I bring my wife on a valid H4 through my H1 (even though I have my EAD - I am assuming that for question #1 & #2, the answer is 'YES')
I can file her I485 as long as the dates are current (or current to my PD atleast). Now, in a case if the dates are not current, I can still have my H1 in a valid state so that my wife's status is not in jeopardy.... Now the big question is .... if my I485 gets approved without my priority dates getting current to my PD, what would be status of my wife?? Can this ever be possible?
The gist of all my Q's is... can I maintain my H1 status and use that to bring my wife on H4 even though I have my EAD approved? Does having a EAD card pose any additional queries at port of entry and the american consulate when I apply for H4???
This may be a rudimentary question, before I ask this Q to my attorney, I wanted to get some information from the public who are in the same boat as I am...
My PD is Dec 2005. I have 2 more years of valid H1B visa time.
Lets assume that I apply for my 485 in a month or two and that I get my EAD by november. I hunt for my "right" partner and get married after november and I plan to get bring her to US of A... here are my Q's
1) Is my H1 going to be valid after I get my EAD approved?
2) Do I "have" to use my EAD card and discard my H1 at all? Can I travel back and forth to India on my H1 even after I have my EAD?
3) Suppose that I bring my wife on a valid H4 through my H1 (even though I have my EAD - I am assuming that for question #1 & #2, the answer is 'YES')
I can file her I485 as long as the dates are current (or current to my PD atleast). Now, in a case if the dates are not current, I can still have my H1 in a valid state so that my wife's status is not in jeopardy.... Now the big question is .... if my I485 gets approved without my priority dates getting current to my PD, what would be status of my wife?? Can this ever be possible?
The gist of all my Q's is... can I maintain my H1 status and use that to bring my wife on H4 even though I have my EAD approved? Does having a EAD card pose any additional queries at port of entry and the american consulate when I apply for H4???
wallpaper Flower Tattoo 9: Back
gjoe
11-02 11:34 AM
All those who are questioning my profile details please check the public profile of mine. It has more info than most of you (Mr.internet) have in your own. To those who are calling to close this thread - Already someone modified the poll and added two new options, I won't be surprised if it is closed. If it is it will only show how fake some of you are when you talk about a few reasons ( not all) why GC backlogged should be solved fast.
Someone wanted the moderators to ban me. Tell me why I should be banned? Do you say you just want everyone to only listen to what you say and what you want them to do? You can't tolerate others' opinions and thoughts?
I am here in this country on H1B since 2000. I am also one of you waiting in this endless queue for my GC. I am also like one of you trying to get my GC fast. But I don't like to lie or twist facts for my convenience.
Thought for the day "Walk a mile in the shoes of an American before you ask them to beleive what you say"
Someone wanted the moderators to ban me. Tell me why I should be banned? Do you say you just want everyone to only listen to what you say and what you want them to do? You can't tolerate others' opinions and thoughts?
I am here in this country on H1B since 2000. I am also one of you waiting in this endless queue for my GC. I am also like one of you trying to get my GC fast. But I don't like to lie or twist facts for my convenience.
Thought for the day "Walk a mile in the shoes of an American before you ask them to beleive what you say"
sam_hoosier
02-09 03:04 PM
I have an MS degree, so IF the SKIL is passed, my PD will become current. However, I guess the earliest time for SKIL to be passed is Oct, if it is ever passed.
Does the SKIL bill apply only to MS, or MBA too ?
Does the SKIL bill apply only to MS, or MBA too ?
2011 Sexy Asian Flower Tattoo Art
chi_shark
11-25 11:01 AM
i have dumped h1 and am on ead... i am on a job for which they were not going to do H1... and am having real good fun, have a inc company on side and am working to set it up so that i can leave my job and work on my own...
essentially, i am taking a very optimistic view of things... thing is i know that there are cases of illegal people doing great in their lives... disabled people winning medals, then my immigration demon is such a small one!! so should i worry about all this and screw myself up? or should i just do what i gotta do? I chose latter... if bad things have to happen to me, then anything could happen... are the odds of gc rejection more than losing my job (in this economy?). i mean... there could be so many things going wrong!!! plus, i dont think this gc process was made for f***ing people up... it is surely a long process, but that does not mean it is uncertain to the extent that rejection is certain!!! hence my choices...
have fun! and let me know what you decide...
I know it has been discussed a couple of times but more I read about the keeping H1 status/Using EAD &AP the more confused I get. The problem stems from the fact that we want to use the goodies offered by AOS (EAD and AP) but concerned what happens to H1 status. Don't want to get H1 stamping but want to use H1 status.
I talked to my lawyer and she prefers that I get H1 stamping when I go abroad and keep H1 as long as possible.
We have been longing for a while to apply for AOS so that it frees us from H1B shackles and gives us freedom to work. But now that most of us got the EAD, most people don't want to use it (except perhaps the dependents who can now work)
I want to play the devil's advocate for a min and say why not dump H1 and go with EAD/AP route.
One of the advantages people cite with maintaining H1 status is that if some thing goes wrong with I485 , you can still stay here as long as H1 is valid. Another advantage is you don't need to renew EAD/AP every year (Cost) because H1 is given for 3 years (If retrogressed or have H1 time left).
1) But if my I140 is approved and I am working with a good company and the GC is applied in good faith and have good lawyers working on it, what are the chances of rejection ?
2) What is the appetite to start the GC all over by staying on H1 in case this GC is denied after 4-5 years(Likely for most). Ability to challenge the denial of course is different story.
3) I believe most people who got EAD/AP now will continue to extend them just in case (to be safe). So the cost benefit is out of the window. And if the company pays for all the expenses for EAD/AP renewals should I care to keep the H1 status from the cost point of view.
4) If I am willing to use AC21 and change the employer, I believe using EAD gives me more bargaining power than using the H1 because there are more options (Some companied don't do H1) and there is less work for the company (No need to file for H1 transfer)
5) On other hand if I dump H1 status , I can work part time using EAD or start my own business etc.
I see that it is a unanimous opinion that keeping the H1 is a good idea (Including my lawyer suggestion).
I intention here is not to make a statement one way or the other. As I mentioned earlier, I wanted to play devils advocate and challenge some of the perceived benefits of keeping H1 and provoke some responses so that I know I am NOT missing the benefits of H1 that other people see.
Your 2 cents please !!!!
essentially, i am taking a very optimistic view of things... thing is i know that there are cases of illegal people doing great in their lives... disabled people winning medals, then my immigration demon is such a small one!! so should i worry about all this and screw myself up? or should i just do what i gotta do? I chose latter... if bad things have to happen to me, then anything could happen... are the odds of gc rejection more than losing my job (in this economy?). i mean... there could be so many things going wrong!!! plus, i dont think this gc process was made for f***ing people up... it is surely a long process, but that does not mean it is uncertain to the extent that rejection is certain!!! hence my choices...
have fun! and let me know what you decide...
I know it has been discussed a couple of times but more I read about the keeping H1 status/Using EAD &AP the more confused I get. The problem stems from the fact that we want to use the goodies offered by AOS (EAD and AP) but concerned what happens to H1 status. Don't want to get H1 stamping but want to use H1 status.
I talked to my lawyer and she prefers that I get H1 stamping when I go abroad and keep H1 as long as possible.
We have been longing for a while to apply for AOS so that it frees us from H1B shackles and gives us freedom to work. But now that most of us got the EAD, most people don't want to use it (except perhaps the dependents who can now work)
I want to play the devil's advocate for a min and say why not dump H1 and go with EAD/AP route.
One of the advantages people cite with maintaining H1 status is that if some thing goes wrong with I485 , you can still stay here as long as H1 is valid. Another advantage is you don't need to renew EAD/AP every year (Cost) because H1 is given for 3 years (If retrogressed or have H1 time left).
1) But if my I140 is approved and I am working with a good company and the GC is applied in good faith and have good lawyers working on it, what are the chances of rejection ?
2) What is the appetite to start the GC all over by staying on H1 in case this GC is denied after 4-5 years(Likely for most). Ability to challenge the denial of course is different story.
3) I believe most people who got EAD/AP now will continue to extend them just in case (to be safe). So the cost benefit is out of the window. And if the company pays for all the expenses for EAD/AP renewals should I care to keep the H1 status from the cost point of view.
4) If I am willing to use AC21 and change the employer, I believe using EAD gives me more bargaining power than using the H1 because there are more options (Some companied don't do H1) and there is less work for the company (No need to file for H1 transfer)
5) On other hand if I dump H1 status , I can work part time using EAD or start my own business etc.
I see that it is a unanimous opinion that keeping the H1 is a good idea (Including my lawyer suggestion).
I intention here is not to make a statement one way or the other. As I mentioned earlier, I wanted to play devils advocate and challenge some of the perceived benefits of keeping H1 and provoke some responses so that I know I am NOT missing the benefits of H1 that other people see.
Your 2 cents please !!!!
more...
vikram2101
08-19 01:35 PM
Finally I am a US citizen after being 10+ years in this country. This is one of my biggest fulfillments and it means everything to me. US is just not home anymore for me, it is my country.
I wish everyone the best and hope they get GC very soon.
Proud to be an and legal immigrant.
Good Luck!
Congrats man! Happy for you and your biggest fulfillment.
By any chance, are you originally from INDIA? If so, we're pleased to strike off one more suckup from our list of billion people.
Goodluck!
I wish everyone the best and hope they get GC very soon.
Proud to be an and legal immigrant.
Good Luck!
Congrats man! Happy for you and your biggest fulfillment.
By any chance, are you originally from INDIA? If so, we're pleased to strike off one more suckup from our list of billion people.
Goodluck!
darslee
07-13 09:25 PM
As anxious as I am waiting for the HUGE news, I agree with you Drona. Any announcemen t today would have detracted from the bigger long term issues. March your heart out and know that we are with you all in spirit! :)
more...
lost_in_migration
06-21 05:32 PM
If you are filing on 1st July then you shud not leave US till you get your receipt notice. With the current processing timelines it is very unlikely that you will get your receipt notice b4 20th July. So hold on till 14th July for next visa-bulletin. If dates are current even in Aug, which is most likely the case, then do your filing in August, else return back b4 July end and file 485
Hi, friends,
I need help from you guys I am getting married on 20th july and then coming back on 3rd august, so can I just apply for myself on 1stjuly and then add her after we come back . Is this possible.. what say experts?
Thanks in advance ,
Hi, friends,
I need help from you guys I am getting married on 20th july and then coming back on 3rd august, so can I just apply for myself on 1stjuly and then add her after we come back . Is this possible.. what say experts?
Thanks in advance ,
2010 Lotus flowers are amazing and
Gravitation
07-12 11:52 AM
The rumor is the world cat will be current and all others unavailable since the quota for those countries are already filled. Sounds logical. Sadly, my app will be screwed in that case. Hopefully that'll consume some numbers from RoW and there might be some overflow next year (or the year after... or maybe after 7 years and who knows 10).
BTW, where did you hear that RoW will be current and the rest will be "U"?
BTW, where did you hear that RoW will be current and the rest will be "U"?
more...
vinayak2008
01-01 01:46 AM
Hi,I had my H1 revalidation visa approved on Dec 18th at chennai consulate but I have not received my passports till today (more than 7 working days).
It seems PIMS check is happening only at chennai consulate in india.At mumbai consulate one of friend got passports on the same ay.
It seems PIMS check is happening only at chennai consulate in india.At mumbai consulate one of friend got passports on the same ay.
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Leo07
12-03 10:14 AM
Paid membership irrespective of the amount of payment will drive away the people. With all dues respect to IV, there are defintely other places where you can get good(if not better) information for free.
Strength of online communities is always the members...the higher the members the better.
Having said that, I kind of disagree with the punishing the wrong answers with a $5.00...most of the answers in these forums are people experiences and they are not legal professionals. People will not be able to share the experiences openly/freely. I think, it's the responsibility of the questioner to pick the right answer and donate for the value that he/she deems the question is worth.
My thoughts...anyways..
Strength of online communities is always the members...the higher the members the better.
Having said that, I kind of disagree with the punishing the wrong answers with a $5.00...most of the answers in these forums are people experiences and they are not legal professionals. People will not be able to share the experiences openly/freely. I think, it's the responsibility of the questioner to pick the right answer and donate for the value that he/she deems the question is worth.
My thoughts...anyways..
more...
validIV
07-17 12:00 PM
I'm not quite getting the second last point of the bill:
Promoting family unity by allowing more people who are already eligible for an immigrant visa to efficiently use our legal family immigration system.
Anyone know what that means?
Promoting family unity by allowing more people who are already eligible for an immigrant visa to efficiently use our legal family immigration system.
Anyone know what that means?
hot Asian flower with partial
validIV
07-17 12:00 PM
I'm not quite getting the second last point of the bill:
Promoting family unity by allowing more people who are already eligible for an immigrant visa to efficiently use our legal family immigration system.
Anyone know what that means?
Promoting family unity by allowing more people who are already eligible for an immigrant visa to efficiently use our legal family immigration system.
Anyone know what that means?
more...
house daisy flower tattoo. flower
pappu
10-16 12:46 PM
Are there only 3 people suffering from namechecks?
This issue can be pushed if we have strong support for it.
This issue can be pushed if we have strong support for it.
tattoo Asian Flower Tattoos. symbolic
jkays94
06-07 07:08 PM
When employees post for job, they might say �need a citizen or gc holder�. But never say we only need a H1-B holder. So when we have respected and followed the rules of this country immigration becomes a right as logic life suggested.
My 2 cents�
These types of employment advertisements are discriminatory and are thus illegal unless it is work that requires security clearance. I am surprised that the Department of Justice is going after employers (http://www.immigration.com/newsletter1/doj_investigation.html) who may have advertised jobs for non citizens while not going after the numerous advertisements that discriminate against non US citizens. I am aware of atleast one high profile company that engages in this type of activity in its advertisements (however one needs to apply and be rejected in order to file a complaint). The double standard is indeed disturbing :
http://www.eeoc.gov/abouteeo/overview_practices.html
The Immigration Reform and Control Act (IRCA) of 1986 requires employers to assure that employees hired are legally authorized to work in the U.S. However, an employer who requests employment verification only for individuals of a particular national origin, or individuals who appear to be or sound foreign, may violate both Title VII and IRCA; verification must be obtained from all applicants and employees. Employers who impose citizenship requirements or give preferences to U.S. citizens in hiring or employment opportunities also may violate IRCA.
http://www.usdoj.gov/crt/osc/
The Office of Special Counsel for Immigration Related Unfair Employment Practices ("OSC") investigates the following types of discriminatory conduct under the anti-discrimination provision of the Immigration and Nationality Act (INA), 8 U.S.C. � 1324b:
Citizenship or immigration status discrimination with respect to hiring, firing, and recruitment or referral for a fee by employers with four or more employees. Employers may not treat individuals differently because they are, or are not, U.S. citizens or work authorized immigrants. U.S. citizens, many permanent residents, temporary residents, asylees and refugees are protected from citizenship status discrimination.
My 2 cents�
These types of employment advertisements are discriminatory and are thus illegal unless it is work that requires security clearance. I am surprised that the Department of Justice is going after employers (http://www.immigration.com/newsletter1/doj_investigation.html) who may have advertised jobs for non citizens while not going after the numerous advertisements that discriminate against non US citizens. I am aware of atleast one high profile company that engages in this type of activity in its advertisements (however one needs to apply and be rejected in order to file a complaint). The double standard is indeed disturbing :
http://www.eeoc.gov/abouteeo/overview_practices.html
The Immigration Reform and Control Act (IRCA) of 1986 requires employers to assure that employees hired are legally authorized to work in the U.S. However, an employer who requests employment verification only for individuals of a particular national origin, or individuals who appear to be or sound foreign, may violate both Title VII and IRCA; verification must be obtained from all applicants and employees. Employers who impose citizenship requirements or give preferences to U.S. citizens in hiring or employment opportunities also may violate IRCA.
http://www.usdoj.gov/crt/osc/
The Office of Special Counsel for Immigration Related Unfair Employment Practices ("OSC") investigates the following types of discriminatory conduct under the anti-discrimination provision of the Immigration and Nationality Act (INA), 8 U.S.C. � 1324b:
Citizenship or immigration status discrimination with respect to hiring, firing, and recruitment or referral for a fee by employers with four or more employees. Employers may not treat individuals differently because they are, or are not, U.S. citizens or work authorized immigrants. U.S. citizens, many permanent residents, temporary residents, asylees and refugees are protected from citizenship status discrimination.
more...
pictures dresses Asian Flower Tattoos
Lasantha
09-25 01:58 PM
Juist to prove the original posters point about IV being intolerant about different points of view and the trigger happy attitude of some members about giving a red dots just because someone else speaks his point of view - I got a very personal and abusive remark with a red dot just for my post above. Not that I really care about Red or Green dots. My GC journey is over. This forum helped me a great deal when I was waiting for my GC. Now I am hear to help others with what I know in their GC pursuit and help with any on going action items. Just wish some members here would grow up and learn to live and let live! :)
dresses Flower Tattoos Back Flower
Bpositive
02-03 12:01 PM
anyone else with 221g experience from chennai consulate? my case status was updated to send ppt on consulate website...submitting it to vfs tomorrow..
how long from did it take to get the passport back from consulate after submitting it to vfs?
how long from did it take to get the passport back from consulate after submitting it to vfs?
more...
makeup asian flower tattoo.
Lollerskater
09-17 02:33 PM
LOL king strikes again!
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gjoe
12-03 01:00 PM
The S/N ration can be made >1 by increasing the signal strength.
The noise can be cut off, but in this case the noise is what needs to be amplified and conditioned to make it look like Signal :)
How do you suggest IV 'forum' improves the Signal-to-Noise ratio?
Right now it's too noisy and is driving away determined members (http://immigrationvoice.org/forum/showthread.php?p=199027#post199027)!
How do you know what I care about and not? I can give some famous examples of GC holders working for IV - Aman Kapoor founder member, Tamsen Mitchell (franklin) leader of South California chapter, and many more.
I may remain active if I feel the cause is worth spending my time, money and effort. Right now, a crowd of 25,000 tracking receipts and discussing mundane issues doesn't give me the confidence to say so. I have better things in life to fight for than a lost cause where the victims (most of them) wait for others to fight for them !
The noise can be cut off, but in this case the noise is what needs to be amplified and conditioned to make it look like Signal :)
How do you suggest IV 'forum' improves the Signal-to-Noise ratio?
Right now it's too noisy and is driving away determined members (http://immigrationvoice.org/forum/showthread.php?p=199027#post199027)!
How do you know what I care about and not? I can give some famous examples of GC holders working for IV - Aman Kapoor founder member, Tamsen Mitchell (franklin) leader of South California chapter, and many more.
I may remain active if I feel the cause is worth spending my time, money and effort. Right now, a crowd of 25,000 tracking receipts and discussing mundane issues doesn't give me the confidence to say so. I have better things in life to fight for than a lost cause where the victims (most of them) wait for others to fight for them !
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JazzByTheBay
12-13 05:36 PM
Worth exploring...
jazz
How about we start donating services for the IV. I am ready to donate my time and use my energies to generate money for the IV. Ideas can be
1. Shampoo your car ($20)
2 Wash your car ($25)
3 Donate personal DVD's to be rented out to fellow Desis ($2)
4 Dinner and a Movie organized by state chapters. ($100)
5 Collect Cans to recycle
6 More Ideas
jazz
How about we start donating services for the IV. I am ready to donate my time and use my energies to generate money for the IV. Ideas can be
1. Shampoo your car ($20)
2 Wash your car ($25)
3 Donate personal DVD's to be rented out to fellow Desis ($2)
4 Dinner and a Movie organized by state chapters. ($100)
5 Collect Cans to recycle
6 More Ideas
anzerraja
07-19 07:06 PM
Thanks once again.
Will do
Will do
paskal
07-18 11:55 AM
Based on my understanding once 485 is filed, one can only get one year H1b extension it does not matter if one uses EAD/AP.
i thought it had to do with visa numbers being unavailable rather than 485 filing
we should check on this
i thought it had to do with visa numbers being unavailable rather than 485 filing
we should check on this