venetian
07-06 03:30 PM
Thanks again for the responses.
Looks like USCIS is fine when a person with valid H1/L1 petition can enter the US using AP and continue to maintain H1/L1 status provided the person continues to work for the same employer.
Below is some of the the 'USCIS Guidance on H-1 / L-1, EAD and Advance Parole' that I got from murthy.com
MurthyDotCom : INS Guidance on H-1 / L-1, EAD and Advance Parole (http://www.murthy.com/news/UDnewins.html)
An H-1 or L-1 holder who entered the United States on advance parole can apply for an extension of H or L status, and the approval of that extension would enable the person to return to the U.S. on H-1 or L-1 status. (To maintain that status, the person cannot seek outside employment.)
An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval.
If an H-1 or L-1 holder presents both advance parole documents and documents of valid H-1 or L-1 status at the port of entry to the U.S., the INS Inspector should tell the person that she/he is not required to present the advance parole, and admit the person to the U.S. on the H-1 or L-1 status.
An H-1 or L-1 holder who has entered the U.S. with an advance parole document may depart and return as an H-1 or L-1 holder if that status has not expired.
Looks like USCIS is fine when a person with valid H1/L1 petition can enter the US using AP and continue to maintain H1/L1 status provided the person continues to work for the same employer.
Below is some of the the 'USCIS Guidance on H-1 / L-1, EAD and Advance Parole' that I got from murthy.com
MurthyDotCom : INS Guidance on H-1 / L-1, EAD and Advance Parole (http://www.murthy.com/news/UDnewins.html)
An H-1 or L-1 holder who entered the United States on advance parole can apply for an extension of H or L status, and the approval of that extension would enable the person to return to the U.S. on H-1 or L-1 status. (To maintain that status, the person cannot seek outside employment.)
An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval.
If an H-1 or L-1 holder presents both advance parole documents and documents of valid H-1 or L-1 status at the port of entry to the U.S., the INS Inspector should tell the person that she/he is not required to present the advance parole, and admit the person to the U.S. on the H-1 or L-1 status.
An H-1 or L-1 holder who has entered the U.S. with an advance parole document may depart and return as an H-1 or L-1 holder if that status has not expired.
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gchodhry
02-11 06:33 PM
I checked with attorney and they mentioned that I can continue on my L1 if I am with L1 employer OR if I am with H1 employer then I can be only on H1 status...
As far as denial is concerned, I am still waiting for the notice...
Does anyone has an idea... I heard from some of my friends that specially in case of L1B blanket, denial notice should talk about the problem and also about how to re-apply again.
Also I got a feeling that my company may end up filing L1A as I have 8+ years of experience. Will that be any kind of problem...?
Please suggest...
Thanks,
Gagan Chodhry
As far as denial is concerned, I am still waiting for the notice...
Does anyone has an idea... I heard from some of my friends that specially in case of L1B blanket, denial notice should talk about the problem and also about how to re-apply again.
Also I got a feeling that my company may end up filing L1A as I have 8+ years of experience. Will that be any kind of problem...?
Please suggest...
Thanks,
Gagan Chodhry
deecha
06-17 01:20 PM
So if i created an app and sold it, wouldn't i be working for myself and deriving financial compensation?
He could have developed the app outside the united states. He could have written the app in his spare time (He is not being paid to do it, maybe just a hobby). When he sells the app., it is not a salary. It is more like a dividend or rent (An H1B/F1/etc. can legally own property and derive rent .. it is not employment income). Furthermore, he can set up a LLC or an INC and sell the app through that but he should not have worked for that company while developing that app.
Lots of ways to get around it. Most laws are subject to interpretation and they're not absolute. If laws were absolute, we'd all be in the grip of tyranny and be slaves. There are only a few natural laws that are absolute.
As one person said on one of the threads (I think EB2 vs EB3), there is a tendency for people to achieve something and then set the bar just below them to exclude other people from competing with them either through laws or deprivation of resources (History is replete with such examples .. look at the kind of laws and regulations people are trying to pass). We must guard against such behavior/attitude and allow everyone a fair chance to succeed in life.
He could have developed the app outside the united states. He could have written the app in his spare time (He is not being paid to do it, maybe just a hobby). When he sells the app., it is not a salary. It is more like a dividend or rent (An H1B/F1/etc. can legally own property and derive rent .. it is not employment income). Furthermore, he can set up a LLC or an INC and sell the app through that but he should not have worked for that company while developing that app.
Lots of ways to get around it. Most laws are subject to interpretation and they're not absolute. If laws were absolute, we'd all be in the grip of tyranny and be slaves. There are only a few natural laws that are absolute.
As one person said on one of the threads (I think EB2 vs EB3), there is a tendency for people to achieve something and then set the bar just below them to exclude other people from competing with them either through laws or deprivation of resources (History is replete with such examples .. look at the kind of laws and regulations people are trying to pass). We must guard against such behavior/attitude and allow everyone a fair chance to succeed in life.
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thakkarbhav
09-15 12:49 PM
Congrats...Book the ticket and fly to india to give big hug to your wife and son and motherland...
more...
saiimmi
01-27 07:14 AM
So, what's the significance of 485 processing dates? Say, if my PD is June 2001 EB3 and my 485 got applied in Aug, 2007 what are the chances that my 485 will be touched if the visa bulletin were to move to June but the processing dates were to be in July 2007?
dpp
06-28 03:03 PM
dpp,
I dont know why its wrong for you. sounds very logical to me. Dont bring in the discussion of unnecessary current employment verification. The letter has to state that the employer is willing to hire him as a future employee. NOT RIGHT NOW. So the title has to be the title stated in the PERM/Labor Cert
Do you know what letters you want for filing I-485 for yourself and spouse?
If not, here it is. Employer needs to give 2 letters,
1) Employment verification letter --- this is from current employment where you are working now
2) Employment offer letter. ---- this is from the future employer who filed your PERM
Please check with others before you comment on my words.
I dont know why its wrong for you. sounds very logical to me. Dont bring in the discussion of unnecessary current employment verification. The letter has to state that the employer is willing to hire him as a future employee. NOT RIGHT NOW. So the title has to be the title stated in the PERM/Labor Cert
Do you know what letters you want for filing I-485 for yourself and spouse?
If not, here it is. Employer needs to give 2 letters,
1) Employment verification letter --- this is from current employment where you are working now
2) Employment offer letter. ---- this is from the future employer who filed your PERM
Please check with others before you comment on my words.
more...
shortchanged
08-01 06:09 PM
Unlike I485, you can appeal adverse desisions by USCIS, in I140 cases.Also try Ombudsman and local Congressman.You still have to know, what USCIS decision is.may be you will be alright without doing anything,and your I-140 will be favorably adjudicated!
Wish you all the best
Wish you all the best
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fromnaija
07-21 03:45 AM
If by Phoenix you mean Phoenix, Arizona, You are welcome! I live in Phoenix. I hope you are prepared for the HEAT!
You could use your current address to file and change your address later using form AR-11. However, after submitting the form you have to call USCIS customer service to effect the change of address on your outstanding cases. Alternatively if you change your address online through USCIS web site, you don't need to call customer service. But I'll advise that you call them anyway. Good luck.
I am moving July 25th,07 from New York to Phoenix.
Which address I should to give attorney to File AOS.
She plan to file before July 31st,07.
But so far we didn't found Apartment in Phoenix.
Thanks in Advance.
You could use your current address to file and change your address later using form AR-11. However, after submitting the form you have to call USCIS customer service to effect the change of address on your outstanding cases. Alternatively if you change your address online through USCIS web site, you don't need to call customer service. But I'll advise that you call them anyway. Good luck.
I am moving July 25th,07 from New York to Phoenix.
Which address I should to give attorney to File AOS.
She plan to file before July 31st,07.
But so far we didn't found Apartment in Phoenix.
Thanks in Advance.
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Munna Bhai
05-08 10:31 AM
http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/05/06/wchina06.xml
Atleast home countries recognize our potential.
Atleast home countries recognize our potential.
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greencardfever
07-19 11:49 PM
I'm in the same situation sundarpn and I've got the exact same 3 questions as you have. Could someone please answer them.
Thanks.
Thanks.
more...
jliechty
January 7th, 2005, 05:34 PM
Sigma makes a good macro, as does Tamron and of course Nikon. I would buy the Nikon if I had the largest budget, but the others are not far off, if any different at all, in the quality of images that they can produce. One of the members here speaks highly of his equivalent Sigma macro (except in Canon mount).
With that said, it's a very bad idea to order anything from the site you mentioned. Check ResellerRatings (http://www.resellerratings.com/) to see some feedback before ordering anything from an online dealer. I highly recommend B&H (http://www.bhphotovideo.com/) for new gear and accessories, and KEH for used items. I have ordered from both numerous times, and have always been satisfied.
Edit: as an afterthought, I must add that anyone who tells you that your underexposure is caused by using a 35mm lens on a reduced-frame DSLR is full of "it." The only "disadvantage" of using a 35mm-based lens on most DSLRs is that the image is cropped, so the angle of view is equivalent to a lens on a 35mm camera that is 1.5X longer. There are "digital" lenses (Nikon DX or Canon EF-S) which can not cover a full 35mm frame, and are typically extremely wide (to compensate for the "crop factor" mentioned previously), but any "digitally integrated" or similar lens from Sigma or Tamron is nothing but marketing hype, IMHO.
With that said, it's a very bad idea to order anything from the site you mentioned. Check ResellerRatings (http://www.resellerratings.com/) to see some feedback before ordering anything from an online dealer. I highly recommend B&H (http://www.bhphotovideo.com/) for new gear and accessories, and KEH for used items. I have ordered from both numerous times, and have always been satisfied.
Edit: as an afterthought, I must add that anyone who tells you that your underexposure is caused by using a 35mm lens on a reduced-frame DSLR is full of "it." The only "disadvantage" of using a 35mm-based lens on most DSLRs is that the image is cropped, so the angle of view is equivalent to a lens on a 35mm camera that is 1.5X longer. There are "digital" lenses (Nikon DX or Canon EF-S) which can not cover a full 35mm frame, and are typically extremely wide (to compensate for the "crop factor" mentioned previously), but any "digitally integrated" or similar lens from Sigma or Tamron is nothing but marketing hype, IMHO.
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mhtanim
12-31 03:34 PM
No FP for me either. See signature for detail.
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pncool01
09-16 01:56 PM
Feel free to celebrate as you please, but keep in mind the less fortunate - not the ones who are waiting for a GC in this country but those who are waiting for their next meal. Ask your wife to make donation somewhere in India or put some money to charity.
For me, symbolic act is enough...I am going to keep it simple
- drive to the border; walk over to mexico and walk back into the US
You know how Mahatma Gandhi made salt in Dandi (and I do see the oppressiveness and exploitation employers can sometimes bring in this GC process)
For me, symbolic act is enough...I am going to keep it simple
- drive to the border; walk over to mexico and walk back into the US
You know how Mahatma Gandhi made salt in Dandi (and I do see the oppressiveness and exploitation employers can sometimes bring in this GC process)
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MAEB2TR
09-04 10:42 AM
I heard that too. If your attorney feels confident, then proceed with the filing.
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nousername
06-01 01:50 PM
Pay stub is secondary .. In the given market getting an offer letter should be your priority. Once you have an offer letter (job) you can apply for your H1 transfer. Worst case USCIS will ask you to go back to your home country and re-enter with a fresh I-94 BUT all this will only happen is you have a new offer.
You said you are here with your family. I do not know your financial condition but it all depends upon how long you can sustain without a job and what risk level you can take with your family. BTW, you have been out of status for 4 months.. so do whatever you want but quickly.
Thanks once again for your reply.
I want to make myself a little clear. Actually, the company thru which I applied my H1B transfer, withdrew my case recently when some query came. I did apply for premium processing paying more. Now the situation is I am still hunting job but as you know it is hard to get one these days. Nothing has been finalised as yet and I am having paystub till Jan. 2009. The company for which I worked won't like to give any letter for unpaid leave. Your case do give me some hope, but I am worried :
- no new company would like to process my case owing to my 3-4 months back paystub . Is it going to happen like this ? I am here with my family, and in that case I am confused whether I should stick to this place or leave.
Thanks again for your time and advise.
You said you are here with your family. I do not know your financial condition but it all depends upon how long you can sustain without a job and what risk level you can take with your family. BTW, you have been out of status for 4 months.. so do whatever you want but quickly.
Thanks once again for your reply.
I want to make myself a little clear. Actually, the company thru which I applied my H1B transfer, withdrew my case recently when some query came. I did apply for premium processing paying more. Now the situation is I am still hunting job but as you know it is hard to get one these days. Nothing has been finalised as yet and I am having paystub till Jan. 2009. The company for which I worked won't like to give any letter for unpaid leave. Your case do give me some hope, but I am worried :
- no new company would like to process my case owing to my 3-4 months back paystub . Is it going to happen like this ? I am here with my family, and in that case I am confused whether I should stick to this place or leave.
Thanks again for your time and advise.
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ivjobs
11-07 04:39 PM
^^
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prom2
10-25 05:30 PM
Hi prom2, thanks for continuing this thread. Could you rename it to early-June filers or something more broad? Or maybe even the same name as the previous thread? That way, the same members can simply join this thread. Your present title is way too specific and with all the other similar threads out there, we might be missed by some members.
Hi, Why did you ask me rename the thread with a broader name?, it is June 07 filers - General Tracker, seems broader enough.
Thanks.
Hi, Why did you ask me rename the thread with a broader name?, it is June 07 filers - General Tracker, seems broader enough.
Thanks.
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sts_seeker
05-14 06:30 PM
I AM ALSO victim of same situation. I got my RFE and replied already but wife's RFE hasn't been received and its been more than 3 weeks. My atty called, sent letters and I also called but no letter yet. Don't know why this same pattern happening?
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indianabacklog
07-30 08:59 PM
The priority date for children who might age out is fixed at the time of your I140 filing. So if you I140 took six months to approve this can be taken off the age of the child when the labor priority date becomes current. So even if you file when a child is 20 and a half and you have to wait for two years for the date to become current, unless the I140 took 1 and a half years their age will be over 21 when the green card can be processed so they age out of derivative status.
Good luck to those who are facing this. I do understand your anxiety since my son aged out while I was waiting three and half years for my labor cert. It would seem that this 'black hole' in the employment based process is non existent to the people who can change it.
Not sure what the future holds for such children, maybe there is some greater plan which we are not aware of yet.
I do see one advantage they cannot be called up for military service (for the USA) on a non-immigrant visa whereas they can if they have a green card. While I understand fighting is a noble cause I would not want my son to fight for our country of origin either.
Good luck to those who are facing this. I do understand your anxiety since my son aged out while I was waiting three and half years for my labor cert. It would seem that this 'black hole' in the employment based process is non existent to the people who can change it.
Not sure what the future holds for such children, maybe there is some greater plan which we are not aware of yet.
I do see one advantage they cannot be called up for military service (for the USA) on a non-immigrant visa whereas they can if they have a green card. While I understand fighting is a noble cause I would not want my son to fight for our country of origin either.
god_bless_you
04-06 12:44 PM
As far i know you should have a valid H1 status or approved EAD to work and keep your status as valid.
Once you start working on EAD there may be gaps with next EAD approval.
Simply you will not claim working during that period but this is possible only after you start working on your first EAD.
simply if you do not have a valid H1 until you get EAD and claim working on EAD with your Employer by filling W4 forms etc. you will be out of status..
Please check with a attorney on this!!
Once you start working on EAD there may be gaps with next EAD approval.
Simply you will not claim working during that period but this is possible only after you start working on your first EAD.
simply if you do not have a valid H1 until you get EAD and claim working on EAD with your Employer by filling W4 forms etc. you will be out of status..
Please check with a attorney on this!!
glus
01-03 11:03 AM
Going to school itself will not have any effect on your H-1B status. If you stop working for the H1b employer, then your H-1B status is gone. If you have EAD, you can continue working for anyone else. This has no effect on GC processing, as long as you can show that there is the same or similar position for you when they adjudicate your i485. I assume your 485 has been pending for more than 180days and that your I140 is approved. Your new employer, if you leave h-1b, will need to produce a letter that he has a position that is similar in title and duties to the orginal sponsor's position. Only with such a proof your GC can be approved later on. Keep in mind you must keep EAD always if you leave your H-1B employer.
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