gcpadmavyuh
10-07 11:08 PM
Hi Parimmigv:
Applying for 485 does not affect your H1/H4 status, as these visas are dual intent.
If your H1 is approved, your H4 status will cease to exist from the date of H1 validity (I'm guessing, Oct 1st for you). So, officially from that date, you are on H1.
If you have applied for 485 recently, you are also eligible for EAD which authorizes you to take up "ANY" job of your choice in the US.
485 iteslf is a separate status called the adjustee or parolee status.
Now to your questions:
1. what status am I on right now ?
Since your H1 is approved, effective Oct 1st you are on H1 status. Since you applied for 485 recently you are also on the parolee status. Typically to come out clean of the H1 status, one uses their EAD to work. Then the H1 status is invalidated. To do this, just fill out a new I9 form with your employer showing EAD as the basis of authorization to work.
2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
No,this is not true. You need not have your H1 stamped to be on H1 status. Your H1 picks up on Oct1st if your 797 went through.
3. How to move to EAD as I don't want to pay payroll fees ?.
Need to fill out a new I9 form with your employer indicating your EAD as the form of authorization to work.
BTW, I gathered that you have'nt received your EAD yet and you may not be in a position to produce it as proof of auth for work for a new I-9. I personally think you dont need to worry about not getting paid from Oct 1st through the day of your EAD approval, as you can claim to be on 485 parolee status during this period and not H1. Please check with a qualified
attorney. I'm 99.99% sure of this.
good luck!
Hello:
Can some please help me here ?.
Iam on H4 and I applied for H1 through a consulting company and got it approved last month. I haven't got my I797 form yet.
I have applied for EAD through my husband's company. I think EAD may take few more months to get approved. My questions are:-
1. what status am I on right now ?
2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
3. How to move to EAD as I don't want to pay payroll fees ?.
Thanks,
Applying for 485 does not affect your H1/H4 status, as these visas are dual intent.
If your H1 is approved, your H4 status will cease to exist from the date of H1 validity (I'm guessing, Oct 1st for you). So, officially from that date, you are on H1.
If you have applied for 485 recently, you are also eligible for EAD which authorizes you to take up "ANY" job of your choice in the US.
485 iteslf is a separate status called the adjustee or parolee status.
Now to your questions:
1. what status am I on right now ?
Since your H1 is approved, effective Oct 1st you are on H1 status. Since you applied for 485 recently you are also on the parolee status. Typically to come out clean of the H1 status, one uses their EAD to work. Then the H1 status is invalidated. To do this, just fill out a new I9 form with your employer showing EAD as the basis of authorization to work.
2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
No,this is not true. You need not have your H1 stamped to be on H1 status. Your H1 picks up on Oct1st if your 797 went through.
3. How to move to EAD as I don't want to pay payroll fees ?.
Need to fill out a new I9 form with your employer indicating your EAD as the form of authorization to work.
BTW, I gathered that you have'nt received your EAD yet and you may not be in a position to produce it as proof of auth for work for a new I-9. I personally think you dont need to worry about not getting paid from Oct 1st through the day of your EAD approval, as you can claim to be on 485 parolee status during this period and not H1. Please check with a qualified
attorney. I'm 99.99% sure of this.
good luck!
Hello:
Can some please help me here ?.
Iam on H4 and I applied for H1 through a consulting company and got it approved last month. I haven't got my I797 form yet.
I have applied for EAD through my husband's company. I think EAD may take few more months to get approved. My questions are:-
1. what status am I on right now ?
2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
3. How to move to EAD as I don't want to pay payroll fees ?.
Thanks,
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sent4dc
08-25 06:07 PM
Hi everyone:
I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.
What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.
I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.
What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.
pappu
07-22 08:50 AM
And on the top of that giving red flags.
One person already decided to be away from such "GUNDA RAJ". I'll also abstain for couple of weeks
Hope admins are competent enough to notice it.
I did not see any such threads. Please point me to it.
This is a problem. When we try to keep the forums clean, people complain and talk about 'freedom of speech' and that moderators act like dictators. They go and talk rubbish about IV elsewhere.
When we are flexible and allow people to express, people start complaining about abusive comments and posts.
One anonymous user commenting against other anonymous user is hardly of any consequence. To come to IV or not come to IV is your decision. Remember IV is not about forum or red dots or green dots. It is a platform for everyone to meet and work towards fixing the system. If a person is committed to the cause, he would not be bothered by any distraction.
One person already decided to be away from such "GUNDA RAJ". I'll also abstain for couple of weeks
Hope admins are competent enough to notice it.
I did not see any such threads. Please point me to it.
This is a problem. When we try to keep the forums clean, people complain and talk about 'freedom of speech' and that moderators act like dictators. They go and talk rubbish about IV elsewhere.
When we are flexible and allow people to express, people start complaining about abusive comments and posts.
One anonymous user commenting against other anonymous user is hardly of any consequence. To come to IV or not come to IV is your decision. Remember IV is not about forum or red dots or green dots. It is a platform for everyone to meet and work towards fixing the system. If a person is committed to the cause, he would not be bothered by any distraction.
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sidbee
04-17 06:41 AM
This is Off-Topic, sorry about that, but this is the best forum i could think of to ask this:
My father-in-law is visiting us from India, and he is thinking of driving a car here. He drives in India and I think in a couple of weeks (with maybe 2-3 classes with some instructor) he should get the hang of driving. Are there any risks that anyone knows of with this? (if he makes a mistake and ends up in an accident I understan that we end up being personally liable and can even be sued if there is an injured party).
Edit: This is in California
I have myself driven a lot in many states on B1/B2, All the car rental agencies on mostly international airports cater to visitors on B1/B2.When i came to US for the first time on business, i drove around 3000 miles just on weekends :-)
If the Locals DL of your FIL is not in english, you need a International Drivers Permit, from your country.IDP is just an english transalation of your local drivers licence,and is not valid without the original DL.
The only problem i see, is that your insurance would not cover him(mine required the authorized driver to have a US licence).if he just wants to drive for fun, you better rent him a car with CDW and Liability insurance.Its expensive but its safe.
And i personally don't agree that fines could be 3 times...all the silicon valley visitors would be screwed.
Please contact your local DMV, for information. I have just told you my experience and i may be wrong.
My father-in-law is visiting us from India, and he is thinking of driving a car here. He drives in India and I think in a couple of weeks (with maybe 2-3 classes with some instructor) he should get the hang of driving. Are there any risks that anyone knows of with this? (if he makes a mistake and ends up in an accident I understan that we end up being personally liable and can even be sued if there is an injured party).
Edit: This is in California
I have myself driven a lot in many states on B1/B2, All the car rental agencies on mostly international airports cater to visitors on B1/B2.When i came to US for the first time on business, i drove around 3000 miles just on weekends :-)
If the Locals DL of your FIL is not in english, you need a International Drivers Permit, from your country.IDP is just an english transalation of your local drivers licence,and is not valid without the original DL.
The only problem i see, is that your insurance would not cover him(mine required the authorized driver to have a US licence).if he just wants to drive for fun, you better rent him a car with CDW and Liability insurance.Its expensive but its safe.
And i personally don't agree that fines could be 3 times...all the silicon valley visitors would be screwed.
Please contact your local DMV, for information. I have just told you my experience and i may be wrong.
more...
krishmunn
04-25 04:22 PM
I have had a bad experience working with ICICI Lombard insurance. Issues i had with ICICI
1) They do not have any rates negotiated with US hospitals. I have seen when your insurance does not have a negotiated rate, an emergency room can cost upto $5000 vs a negotiated rate of $1000 (based on real experience). But there is a cap on how much ICICI will pay for each kind of service which means my out of pocket would have been quite a bit.
.
Was this a recent experience ? ICICI claims to have a network through United Health Care; not sure if it is true .
As for US v/s India, none of the US insurance companies selling these travel health insurance are licensed and regulated by US authorities. Most , if not all, of these are underwritten by carriers at Lloyds of London.
I would say there is not a single travel insurance company (US or India) which provides good service.
1) They do not have any rates negotiated with US hospitals. I have seen when your insurance does not have a negotiated rate, an emergency room can cost upto $5000 vs a negotiated rate of $1000 (based on real experience). But there is a cap on how much ICICI will pay for each kind of service which means my out of pocket would have been quite a bit.
.
Was this a recent experience ? ICICI claims to have a network through United Health Care; not sure if it is true .
As for US v/s India, none of the US insurance companies selling these travel health insurance are licensed and regulated by US authorities. Most , if not all, of these are underwritten by carriers at Lloyds of London.
I would say there is not a single travel insurance company (US or India) which provides good service.
akred
05-26 07:27 PM
I'm puzzled that there has been a slow reaction to the Bernie Sander's killer amendment that was disguised as a scholarship fund which has always been there and has benefited many Americans and the National Science Foundation. None of the faxes have been amended neither have the emails, we're asking for good things which are only likely to benefit a few but leave many others in peril. We need to find a way to cushion the effect of this amendment and at the same time highlight that the H1 program is not what it has been vilified to be.
Point is, if IV attains its goals on EB visas, there will still be many members affected by Bernie Sander's amendment. Of what use will visa number availability be to someone whose non H1-B dependent employer makes an economic decision to lay them off as they can longer afford to spend $250,000 a year + attorney fees renewing 50 H1-B's ? Given that this person would instantly be out of status (and find it difficult to find an employer rushing to spend $5k right away), the individual would have no recourse also given that they would not be eligible for a Z visa. Can someone help me understand why sticking to an old though good strategy and message without slightly adapting it to the current reality holds good promise for those in limbo by paying no attention to the effects of the Sander's amendment (pending at BEC, beyond 6th year renewal, I-140 not filed as of May 21st 2007 etc)
1. Any H1B issues affect employers more than the employees, so employers will make an issue out of any onerous requirement.
2. Any H1B fee is to be paid by the employer and is viewed as a tax and cost of doing business by the employer. Like any tax, it will mean cutbacks in other areas possibly existing charitable contributions to education or some such non essential cost.
I would expect Compete America and employers to speak up if they feel they would be affected by any H1B taxes.
Point is, if IV attains its goals on EB visas, there will still be many members affected by Bernie Sander's amendment. Of what use will visa number availability be to someone whose non H1-B dependent employer makes an economic decision to lay them off as they can longer afford to spend $250,000 a year + attorney fees renewing 50 H1-B's ? Given that this person would instantly be out of status (and find it difficult to find an employer rushing to spend $5k right away), the individual would have no recourse also given that they would not be eligible for a Z visa. Can someone help me understand why sticking to an old though good strategy and message without slightly adapting it to the current reality holds good promise for those in limbo by paying no attention to the effects of the Sander's amendment (pending at BEC, beyond 6th year renewal, I-140 not filed as of May 21st 2007 etc)
1. Any H1B issues affect employers more than the employees, so employers will make an issue out of any onerous requirement.
2. Any H1B fee is to be paid by the employer and is viewed as a tax and cost of doing business by the employer. Like any tax, it will mean cutbacks in other areas possibly existing charitable contributions to education or some such non essential cost.
I would expect Compete America and employers to speak up if they feel they would be affected by any H1B taxes.
more...
div_bell_2003
06-22 12:43 PM
Your H1B extension has no value till 09/24/10 when it becomes active.
You can probably go to India to get H1B stamped on July but you have to present your current H1B approval as the petition required and ( check with your office lawyer on this ) you are most likely going to get H1B visa valid till 09/23/10 ( based on your current petition ) . I don't know what your POE in US is , but I've heard/read anecdotes where the CBP officer at POE plays 'too much on top of his things' and tells people that their entry date is very close to their visa expiration date , that's when you bring out your extension approval. Once again , please check with your lawyer on possible issues to look out for, but this can be done.
You can work legally in US with an expired visa and a legitimate H1B extension approval notice.
Good luck.
You can probably go to India to get H1B stamped on July but you have to present your current H1B approval as the petition required and ( check with your office lawyer on this ) you are most likely going to get H1B visa valid till 09/23/10 ( based on your current petition ) . I don't know what your POE in US is , but I've heard/read anecdotes where the CBP officer at POE plays 'too much on top of his things' and tells people that their entry date is very close to their visa expiration date , that's when you bring out your extension approval. Once again , please check with your lawyer on possible issues to look out for, but this can be done.
You can work legally in US with an expired visa and a legitimate H1B extension approval notice.
Good luck.
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kshitijnt
01-23 04:32 PM
I had written senator Feinstein about retrogression sometime last year. A response came 2 weeks later:
"As of today federal healthcare is available to undocumented immigrants only in cases of emergencies. Undocumented immigranst are a drain on federal resources. Blah blah blah........." Bull ****
True Feinstein seems to be least sensitive to immigrant woes. Her husband is a rich investment banker so I guess she is more business friendly rather than grassroots friendly.
Senator Boxer had replied
" I believe every citizen should have a say in the country. I value your opinion and can assure you that it will be taken into consideration during my work in the senate on this topic"
Much more polished. However it seems these are stereotype responses and I think senators do not read these emails. This is a sophisticated way of saying "Dont lecture me.... Mind your own business" This is how in America...
That's certainly a lot better than the "spam" i got from Senator Feinstein.
I just got some *#&$ about thanking me for supporting her blue card and AgJOBS initiatives, with not a mention on tackling retrogression issues.
Hardly a huge surprise, but I'm writing back
"As of today federal healthcare is available to undocumented immigrants only in cases of emergencies. Undocumented immigranst are a drain on federal resources. Blah blah blah........." Bull ****
True Feinstein seems to be least sensitive to immigrant woes. Her husband is a rich investment banker so I guess she is more business friendly rather than grassroots friendly.
Senator Boxer had replied
" I believe every citizen should have a say in the country. I value your opinion and can assure you that it will be taken into consideration during my work in the senate on this topic"
Much more polished. However it seems these are stereotype responses and I think senators do not read these emails. This is a sophisticated way of saying "Dont lecture me.... Mind your own business" This is how in America...
That's certainly a lot better than the "spam" i got from Senator Feinstein.
I just got some *#&$ about thanking me for supporting her blue card and AgJOBS initiatives, with not a mention on tackling retrogression issues.
Hardly a huge surprise, but I'm writing back
more...
chantu
06-30 10:19 AM
Chantu, you did not understand my question. My question is not about where i should file NOW, but it's about where i filed LAST YEAR. it's about Question # 11.
I am sorry about that.
I am sorry about that.
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paskal
08-23 03:41 PM
Sat 25th
IAM Independence day picnic
fun food etc and great opportunity to spread the word
Como Park East Pavillion from Noon
Sun 26th
Telegu Society annual meet
Contact libra (can pm) for details
Need volunteers to attend, we shoulbe be going in strength!
the road to your GC
goes through DC!
join us on the journey...
IAM Independence day picnic
fun food etc and great opportunity to spread the word
Como Park East Pavillion from Noon
Sun 26th
Telegu Society annual meet
Contact libra (can pm) for details
Need volunteers to attend, we shoulbe be going in strength!
the road to your GC
goes through DC!
join us on the journey...
more...
sgorla
01-29 06:37 PM
You should not have any problem at the port of entry as long as you have a valid H1B visa stamp in your passport, and have a new H1B approval notice from the new employer.
Hi
I have little different problem here, I got my approval in 7 cal days so which is good and now I have start working with new employer so all good..
Now new employer wants me travel to Europe for some official work for 1 week and since my passport stamp is on my old employer and approval notice is new employer so do you guys think it would be an issue?
please let me know what all document etc I should carry during re entry?
appreicated your help.
thanks
Hi
I have little different problem here, I got my approval in 7 cal days so which is good and now I have start working with new employer so all good..
Now new employer wants me travel to Europe for some official work for 1 week and since my passport stamp is on my old employer and approval notice is new employer so do you guys think it would be an issue?
please let me know what all document etc I should carry during re entry?
appreicated your help.
thanks
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roseball
02-18 03:25 PM
Thanks, Elaine!
I have a follow-up question: Can the experience gained with the current Employer be used as basis for the EB2?
Yes, but only if the new EB-2 positon's job duties are atleast 50% different from your current job duties.
I have a follow-up question: Can the experience gained with the current Employer be used as basis for the EB2?
Yes, but only if the new EB-2 positon's job duties are atleast 50% different from your current job duties.
more...
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s416504
08-13 08:26 PM
I think of refiling because I have filed without lawyar (due to Friday 06/29 rumor). I understand frustrations of fews guyes..as I am also in same boat.
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roseball
03-07 03:25 PM
Still valid meaning it has not expired.
more...
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singhsa3
08-20 08:50 PM
Thats what recent approval in last couple of days are indicating..
looks like they are clearing up PD APR-DEC 2005 at both NSC-TSC but slow then pick up from jan-2006
there are not much perm certified in 2005 ...hope you all get it
looks like they are clearing up PD APR-DEC 2005 at both NSC-TSC but slow then pick up from jan-2006
there are not much perm certified in 2005 ...hope you all get it
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Sarathy
02-03 10:13 AM
Will Tri-Valley University questions be answered? A few of us have questions and need advice.
more...
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ars01
06-07 02:18 PM
I'm in CA and my I-140 was approved by TSC (E-filing) and I-485 is pending at TSC (was filed at NSC initially).
here are my questions, I need help on...
1. If I file EAD now, where should I file?? TSC or NSC?
2. If its NSC (since I'm live in CA), will this filing trigger transfer of case from TSC to NSC??
who wants to be mess with NSC :)
Thanks,
Where you filed I-485 is not a criteria to select where the EAD application should be submitted (renewal or first time). Just check the state and supporting service center and file it there. I filed my I-485 in Nebraska alongwith first time EAD and AP. But now (as written in I-765 instructions), I need to file it in the service center that processes my state (Georgia). Hope it helps.
here are my questions, I need help on...
1. If I file EAD now, where should I file?? TSC or NSC?
2. If its NSC (since I'm live in CA), will this filing trigger transfer of case from TSC to NSC??
who wants to be mess with NSC :)
Thanks,
Where you filed I-485 is not a criteria to select where the EAD application should be submitted (renewal or first time). Just check the state and supporting service center and file it there. I filed my I-485 in Nebraska alongwith first time EAD and AP. But now (as written in I-765 instructions), I need to file it in the service center that processes my state (Georgia). Hope it helps.
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sts_seeker
02-07 01:11 PM
you are the kinda guy who is screwing up everyone by filing unnecessary labors, too many I140 and clogging the system for genuine people. Shame on you.
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GCInThisLife
07-18 05:44 PM
thanks for posting.. may be junior members do not have permission to post attachments..:)
Yeah received it. Posting shortly. Could you please remove my id from ur follow up post. Just want to avoid future junk mails :)
Yeah received it. Posting shortly. Could you please remove my id from ur follow up post. Just want to avoid future junk mails :)
ajz3
12-06 12:14 PM
Filed for i140 on march 27th. Upgarded to premium processing on nov 15th. Today is dec 6th and nothing. The reason I filed for i140 thinking, if they have started this process and people are filing, that means the ones who are in regular are going to get pushed behind ever more. But I havent received any reply yet. Will let you'll know when something happens. I check my email atleast 20 times a day hopeing for a reply. GOOD LUCK :)
arnet
11-07 12:53 PM
difficult to classify which company are good or bad, based on each one experience or interest they may like or may not like the company. some struck in a company due to retrogression too. if you are planning to switch company, decide based on your interest/family situation and see whether your future job can give you those. get help from your friends/jobsites like dice.com/monster.com/careerbuilder.com/hotjobs.com to see the job oppurtunities.....good luck.
Disclaimer: Use at your own risk...I'm not an immigration attroney so please consult for your situation as laws/procedures are changing.
Friends,
Can you all post the names of good consulting companies to work for. Let's create a list here.
Thanks,
Disclaimer: Use at your own risk...I'm not an immigration attroney so please consult for your situation as laws/procedures are changing.
Friends,
Can you all post the names of good consulting companies to work for. Let's create a list here.
Thanks,
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