desi3933
03-20 10:09 PM
Yes there is and it is called visa portability. :) this is for you as well piyu, do not jump into summary so fast.
Ok, Here's what law says about so called "transfer"
D. AC21 105 -- Visa portability
.....
gapala -
You are mixing apples and oranges.
Visa Portability (as per AC-21) allows one to start employment after filing for H-1B petition, before H-1B petition os approved.
H-1B Transfer does not invalidate current employment status (if on H-1B status) and beneficiary can continue working for original Employer A based on that I-797 validity dates.
OP needs to explain to USCIS that he never switched jobs on new H-1B approval and continued job on the basis of original I-797 dates. He was not out of status.
_______________________
Not a legal advice.
US citizen of Indian origin
Ok, Here's what law says about so called "transfer"
D. AC21 105 -- Visa portability
.....
gapala -
You are mixing apples and oranges.
Visa Portability (as per AC-21) allows one to start employment after filing for H-1B petition, before H-1B petition os approved.
H-1B Transfer does not invalidate current employment status (if on H-1B status) and beneficiary can continue working for original Employer A based on that I-797 validity dates.
OP needs to explain to USCIS that he never switched jobs on new H-1B approval and continued job on the basis of original I-797 dates. He was not out of status.
_______________________
Not a legal advice.
US citizen of Indian origin
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gapala
03-20 11:44 PM
As so many members have posted there is no such thing as H1 transfer. If OP continued to work for employer# 2 without joining employer X that is fine as long as OP's employer 2 did not revoke the H1 petition. So OP should be fine , all he has to do is point that he did not accept employer X offer and decided to continue with current employer (i.e. #2) and his work with employer 2 was authorized based on the continued validity of h1 petition of employer 2. Now I saw that OP mentioned somewhere that he used EAD when his H1 with employer 2 expired. This could be a potential reason for the RFE. Here's my take on it:
When OP's H1 ultimately expired there were two possible work authorizations which OP could have used : Join the employer X on H1 since that employer did not revoke the h1 petition even though he did not join them OR used EAD with either employer 2 or employer X. The OP got this RFE for I-485. If you are doing AOS from H1 the burden is on you to prove that even while your I-485 is pending you have not engaged in unauthorized work. I just feel that the IO is doing an extensive scrutiny of the OP's application and trying to make sure that OP did not engage in unauthorized work at point.
In any case the OP should get a good lawyer.
This exactly is my point "unauthorized work" part of the game.
When OP's H1 ultimately expired there were two possible work authorizations which OP could have used : Join the employer X on H1 since that employer did not revoke the h1 petition even though he did not join them OR used EAD with either employer 2 or employer X. The OP got this RFE for I-485. If you are doing AOS from H1 the burden is on you to prove that even while your I-485 is pending you have not engaged in unauthorized work. I just feel that the IO is doing an extensive scrutiny of the OP's application and trying to make sure that OP did not engage in unauthorized work at point.
In any case the OP should get a good lawyer.
This exactly is my point "unauthorized work" part of the game.
TomPlate
07-05 09:14 AM
Does the USCIS accepting application for I485 today
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perm2gc
06-13 08:02 PM
Congrats to all who can apply for I 485.oUR situation is that my husband is a fellow in medicine speciality and already been offered a job which he wil start in july 2008.Our details
lc approved for the future job
i 140 pending.
Are we eligible to apply for i 485 ..ead for a future job etc.
I am on h4 .
Thanks People.
Thanks to iv
yes you guys can apply.
lc approved for the future job
i 140 pending.
Are we eligible to apply for i 485 ..ead for a future job etc.
I am on h4 .
Thanks People.
Thanks to iv
yes you guys can apply.
more...
needhelp!
02-13 07:49 PM
bump for the night owls..
eager_immi
02-12 12:21 PM
that is the point...u have the h1b so now stop other h1bs is ur policy if u had GC u would have said stop giving GC to retrogressed people...
By the way I am on h1B. I dont have GC
By the way I am on h1B. I dont have GC
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yabadaba
07-05 04:16 PM
;) ;) ;) ;)
Shoud you guys (IV team) try for a meeting with President Bush?????
Not entirely impossible???
pass it around...it will make us forget our problems for a while
Shoud you guys (IV team) try for a meeting with President Bush?????
Not entirely impossible???
pass it around...it will make us forget our problems for a while
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Dhundhun
06-25 05:40 PM
Yes , its Free :D Anyway - lets talk with a 3rd person (maybe USCIS) and confirm. Its Free, if you read the EAD forms its clearly written that once some one pays $340 ( not other amount) it becomes FREE for ever. I just checked the EAD forms again before writing this post - let me PASTE from EAD forms if that clear the confusion.
Renewal EAD: If this is a renewal application and you
applying under one of the following categories, a filing fee
not required:
1. (a)(8) Citizen of Micronesia, Marshall Islands, or Palau;
3. (a)(11) Deferred Enforced Departure; or
2. (a)(10) Granted Withholding of Deportation;
4. (c)(l), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel;
5. (c)(9) or (c)(16) adjustment applicant who filed for adjustment under the fee structure implemented July 30, 2007.
I did not file for adjustment under fee structure implemented July 30, 2007:
5. (c)(9) or (c)(16) adjustment applicant who filed for adjustment under the fee structure implemented July 30, 2007.
I think, filing EAD under new fee structure and Adjustment under new fee structure are technically different.
I wish they are same. If they (USCIS) intend not taking $340 again, they should change the words.
Renewal EAD: If this is a renewal application and you
applying under one of the following categories, a filing fee
not required:
1. (a)(8) Citizen of Micronesia, Marshall Islands, or Palau;
3. (a)(11) Deferred Enforced Departure; or
2. (a)(10) Granted Withholding of Deportation;
4. (c)(l), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel;
5. (c)(9) or (c)(16) adjustment applicant who filed for adjustment under the fee structure implemented July 30, 2007.
I did not file for adjustment under fee structure implemented July 30, 2007:
5. (c)(9) or (c)(16) adjustment applicant who filed for adjustment under the fee structure implemented July 30, 2007.
I think, filing EAD under new fee structure and Adjustment under new fee structure are technically different.
I wish they are same. If they (USCIS) intend not taking $340 again, they should change the words.
more...
smartboy75
06-04 12:10 PM
Hi guys,
This is what my lawyer said.
If you/spouse have used your EAD or are using your EAD then your "Current Immigration Status" is "Adjustment of Status Pending/Parolee". If not then it is either H1B or H4.
If you/spouse have actually travlled outside the US and re-entered using the Advanced parole, then your "Manner of Last Entry" is "Parolee". If not then it is what it says on your I-94 (H1B or H4).
You do **NOT** need the $80 Biometric fee for the Advanced Parole.
hey eb3_nepa
One quick question....if the spouse is on H4, working on EAD and then travels outside and comes back in using her H4....can she then still use her EAD.....??
This is what my lawyer said.
If you/spouse have used your EAD or are using your EAD then your "Current Immigration Status" is "Adjustment of Status Pending/Parolee". If not then it is either H1B or H4.
If you/spouse have actually travlled outside the US and re-entered using the Advanced parole, then your "Manner of Last Entry" is "Parolee". If not then it is what it says on your I-94 (H1B or H4).
You do **NOT** need the $80 Biometric fee for the Advanced Parole.
hey eb3_nepa
One quick question....if the spouse is on H4, working on EAD and then travels outside and comes back in using her H4....can she then still use her EAD.....??
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HawaldarNaik
06-15 09:49 PM
Can someone tell me , about the INFO pass process. How does one create a INFO Pass appointment, what is the process , in case i want to know about the status of my 485 application. How soon do u get the appointment ? I am based out of Southern CA
more...
add78
06-25 11:00 AM
June05,
Encourage your friends to call for themselves and your co workers on your behalf.
if you can talk to your boss and have him/her call on behalf of your organization explaining the difficulty, its even better.
Yes, this is true with any representative we call.
The rep will be given a tally of X ppl called in support of which Y were our constituents. The more Y's we get, the better on any call, but X's are also necessary to call. The more US employers are part of Y, even better. I managed to get 3 local friends to call.
keep up the good work fellows.
Encourage your friends to call for themselves and your co workers on your behalf.
if you can talk to your boss and have him/her call on behalf of your organization explaining the difficulty, its even better.
Yes, this is true with any representative we call.
The rep will be given a tally of X ppl called in support of which Y were our constituents. The more Y's we get, the better on any call, but X's are also necessary to call. The more US employers are part of Y, even better. I managed to get 3 local friends to call.
keep up the good work fellows.
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gsc999
07-17 08:11 PM
Please understand that your older PD is much more important because u would get ur gc that much earlier compared to 2005-07 people. Just because ppl are able to file 485 does not mean that they are going to take a number out of the quota for that year. The numbers are only taken during approval and hence they would all still be stuck in the same queue and you would have gotten an oppurtunity to file and possible get your GC too...take a deep breath, relax and think about this with a cool mind. I definitely do feel bad for you. My labor was stuck in BEC too and i left my company and joined a new one and restarted all over again. Been on H1 for seven years without ever getting any chance to file 485 until now...
-
Exactly!
Only if people stop complaining when they see how they don't loose out even if others can "apply" for I-485.
I guess, there is lot of frustration and anger which maybe clouding judgement.
-
Exactly!
Only if people stop complaining when they see how they don't loose out even if others can "apply" for I-485.
I guess, there is lot of frustration and anger which maybe clouding judgement.
more...
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hydboy77
02-13 05:55 PM
You are reading my post selectively and not in its entirety. I did not say EAD is waste and useless, I said EAD is waste and useless without the removal of semilar or same job requirement in AC21 as USCIS will sooner or later deny AOS based on semilar\same job requirement. Do you know how many RFE\denial notices have been issued by USCIS to EAD\Ac21 workers? There is an entire thread running into several pages related to that. Scores of people wrote to USCIS ombudsman complaining about USCIS issuing denial notice to people whose I140 was revoked by previous employer even though Ac21 says AOS continues even if I140 is rovoked by previous employer. There are instances where USCIS has issued rfe to prove they are in a same\semilar job. History has shown USCIS uses issues like same\semilar job to kick people out. Based on the IO adjudicating your case, based on the economic climate etc USCIS has made life difficuly (current h1b crackdown is a example).
What I am saying is bring in protection to AOS by
-removing the same or semilar job requirement in AC21
-making sure USCIS does not deny AOS when previous employer revokes aproved i140.(even though ac21 says aos cannot be denied, USCIS is sending denail notice).
Yes EAD is absolutely better than H1b but not for long, when people start using EAD instead of H1b, USCIS will start denying AOS based on Same\semilar job or other grey areas (not working on EAD because of lay off) then you are back to square one. If you are on EAD and AOS is denied you are out of status like H1b. Close the loopholes first before you open the pre filing AOS. Your statement regarding not work at all on EAD is not correct. USCIS can issue rfe\denial notice for lack of job. I hope it was true that it does not matter if you are not working at all on EAD.
I read through your reply, however, I found it extremely hard for me to accept your points. You've been probably on EAD too long to remember what a dire condition you came from as an H1B worker. Let's look at it:
As an AOS, you can:
- Work for any employer
- Not work at all
- Travel out of the country without worrying visa delay
- When you got laid off, no need to worry about being out of status or restarting GC
As an H1B worker:
- If you are laid off, everything, years of wait, thousands of dollars, down the drain, and the whole family becomes out of status immediately. And in this dire economy, this is a sword hanging on the head of every H1B worker.
- Worry about re-entry visa each time you travel
With such a huge different, I can hardly convience myself that EAD is 'useless' or 'waste'. True, you'll need to work for same or similar job, but compared to the benefit, it is not nearly as big a problem faced by H1B workers day by day.
What I am saying is bring in protection to AOS by
-removing the same or semilar job requirement in AC21
-making sure USCIS does not deny AOS when previous employer revokes aproved i140.(even though ac21 says aos cannot be denied, USCIS is sending denail notice).
Yes EAD is absolutely better than H1b but not for long, when people start using EAD instead of H1b, USCIS will start denying AOS based on Same\semilar job or other grey areas (not working on EAD because of lay off) then you are back to square one. If you are on EAD and AOS is denied you are out of status like H1b. Close the loopholes first before you open the pre filing AOS. Your statement regarding not work at all on EAD is not correct. USCIS can issue rfe\denial notice for lack of job. I hope it was true that it does not matter if you are not working at all on EAD.
I read through your reply, however, I found it extremely hard for me to accept your points. You've been probably on EAD too long to remember what a dire condition you came from as an H1B worker. Let's look at it:
As an AOS, you can:
- Work for any employer
- Not work at all
- Travel out of the country without worrying visa delay
- When you got laid off, no need to worry about being out of status or restarting GC
As an H1B worker:
- If you are laid off, everything, years of wait, thousands of dollars, down the drain, and the whole family becomes out of status immediately. And in this dire economy, this is a sword hanging on the head of every H1B worker.
- Worry about re-entry visa each time you travel
With such a huge different, I can hardly convience myself that EAD is 'useless' or 'waste'. True, you'll need to work for same or similar job, but compared to the benefit, it is not nearly as big a problem faced by H1B workers day by day.
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BharatPremi
03-14 02:19 PM
o.k..I read some of your old posts (but not thorougly) and I was confused (I guess you have done lot of research) - so can you explain again ?
in yr opinion - does it mean EB3(I) won't go back to april 2001 ?
I guess by "what happened in 2002 - 2004" - you mean lawyers filed most cases in EB3 ..am I right ?
would appreciate yr reply ..Thanks !!
I am not saying it will not go back to APR 2001. USCIS can and will do anything. Bottomline is that adverse effect of APR 2001 is practically over except some residual ones ( residual cases also could be in hundreds). So now if uSCIS is taking any category back to APR 2001 it will merely be a game to keep particular catgeory stopped for a while. USCIS need one case to do that and it will surely have at least one case.
in yr opinion - does it mean EB3(I) won't go back to april 2001 ?
I guess by "what happened in 2002 - 2004" - you mean lawyers filed most cases in EB3 ..am I right ?
would appreciate yr reply ..Thanks !!
I am not saying it will not go back to APR 2001. USCIS can and will do anything. Bottomline is that adverse effect of APR 2001 is practically over except some residual ones ( residual cases also could be in hundreds). So now if uSCIS is taking any category back to APR 2001 it will merely be a game to keep particular catgeory stopped for a while. USCIS need one case to do that and it will surely have at least one case.
more...
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yabadaba
03-05 02:42 PM
needhelp...maybe instead of country of chargeability we should ask for grouping by country of birth; this is an actual field required in the I-485 form.
You are right about priority date. It is not a field available in the 485 form. in the 485 form we reference the approved I-140, which is the only place where your see the "Priority Date" field.
You are right about priority date. It is not a field available in the 485 form. in the 485 form we reference the approved I-140, which is the only place where your see the "Priority Date" field.
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chanduv23
09-19 05:23 PM
Logiclife - Me and my Attorney - had some email exchanges about all this stuff and she compliments all that IV has done and says we must educate people about advocacy
Maybe we should start with organizing some small events/seminars to spread awareness on what can be done and how important advocacy is, most people think that it does not make a difference. We could rope in local organizations
Prashanthi Reddy, Esq.
Law Offices of Prashanthi Reddy, PLLC
I personally got burned out trying to explain all this several times to people only to get trashed at and get strange looks back and get ignored
Maybe we should start with organizing some small events/seminars to spread awareness on what can be done and how important advocacy is, most people think that it does not make a difference. We could rope in local organizations
Prashanthi Reddy, Esq.
Law Offices of Prashanthi Reddy, PLLC
I personally got burned out trying to explain all this several times to people only to get trashed at and get strange looks back and get ignored
more...
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Jitamitra
05-18 09:59 AM
Sent to Senators in VA
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needhelp!
02-11 01:30 PM
Thanks for your pledge.. Looking for the same spirit to awaken in all our members.
I will do 50+ from my side over the weekend , sorry shadowing till now will post exact as i mail all these. I will try to pump up as much as i can .
I will do 50+ from my side over the weekend , sorry shadowing till now will post exact as i mail all these. I will try to pump up as much as i can .
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seenu302
06-08 01:45 PM
IV core team,
Whats the plan of action given that CIR is dead for now?The best would be to try to attach a small relief like S.1932 in 2005 to some budget appropriations bill.Even SKIL will gather lot of unnecessary attention.Did we spend all our funding on this lost cause and need to contribute again?If so its better to start now as IV got lot of new users.
As I said my numbers are not accurate, there are lot of visas unused since retrogression, we need to take look at this and spent more time researching and contacting right organization
Whats the plan of action given that CIR is dead for now?The best would be to try to attach a small relief like S.1932 in 2005 to some budget appropriations bill.Even SKIL will gather lot of unnecessary attention.Did we spend all our funding on this lost cause and need to contribute again?If so its better to start now as IV got lot of new users.
As I said my numbers are not accurate, there are lot of visas unused since retrogression, we need to take look at this and spent more time researching and contacting right organization
rdehar
07-20 04:26 PM
Your concern is 100% justified, but BEC has vowed to clear all backlog by Sep '07.
When the dates move forward in Oct '07, you will have advantage with your PD.
Please read some thoughts at:
http://immigrationvoice.org/forum/showthread.php?t=10774
My best advice would be "be prepared" and good luck :)
When the dates move forward in Oct '07, you will have advantage with your PD.
Please read some thoughts at:
http://immigrationvoice.org/forum/showthread.php?t=10774
My best advice would be "be prepared" and good luck :)
kar_thik
01-29 04:04 PM
The post which contains the link is not working. Appreciate if you can repost the link which you had sedn to President Obama. Also is there any further update? did you get any positive response.
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