shirish
11-12 08:49 PM
I applied without medicals for myself, my wife and my son. I got everything except AP. Did the FP one week back.
I applied without the medical for my wife, my son and me and I already received my receipts and EAD almost one month ago. My wife and my AP show an LUD yesterday and today but still pending but my son didn't show anything. USCIS received my application on August 14.
I hope this can help.
I applied without the medical for my wife, my son and me and I already received my receipts and EAD almost one month ago. My wife and my AP show an LUD yesterday and today but still pending but my son didn't show anything. USCIS received my application on August 14.
I hope this can help.
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sara_apk
04-16 07:14 PM
Hi Sara,
Could you please post you case details & PD?
I don't remember all the details of my case.
Mine is PD: Oct 2002/EB2
Labor got approved in Mar 2007
I-140 premium processing and got approved in May 2007
I-485 got approved on Apr 01, 2008
Could you please post you case details & PD?
I don't remember all the details of my case.
Mine is PD: Oct 2002/EB2
Labor got approved in Mar 2007
I-140 premium processing and got approved in May 2007
I-485 got approved on Apr 01, 2008
deepimpact
09-18 08:53 PM
that is the part of the problem...... uscis has never provided correct and complete size of the backlog..... if backlog size were to be 190,000 then the dates should get current in all of the eb1, eb2 and eb3 categories in around 1 year.... how many here expect the dates to be current for all categories in around 1 year? probably close to zero.... nevertheless, most people think that the size of the backlog is equal to the number of applicants ahead of them..... which is to say that those ahead in line for each one of us is the cause of the backlog and not part of the backlog.... and those behind us do not deserve to be counted with us..... perhaps they should just wait period...... this is the formula most people here seem to use to derive at the size of the backlog.... hence difference versions and different numbers for the size of the backlog.....
USCIS admits to a backlog of 190K but most are in EB2-I/C and EB3 with a PD earlier than Aug 2007. No one knows how many people are waiting in these categories with approved I-140s from Aug2007-Sep2010. It could be another 150-200K. S0 even if the backlog is not 800K, but its around 400K.
USCIS admits to a backlog of 190K but most are in EB2-I/C and EB3 with a PD earlier than Aug 2007. No one knows how many people are waiting in these categories with approved I-140s from Aug2007-Sep2010. It could be another 150-200K. S0 even if the backlog is not 800K, but its around 400K.
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DyersEve
10-20 10:02 PM
thnx but do you mean what the text says or the font/format/position of it?
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raamskl
07-22 01:17 AM
Hi,
What happens if a EAD is obtained for a person on a h4 visa and the person does not work or works partially? Is that an issue, like bench period being an issue while on H1.
I am thinking that, that should not be an issue as one doesn't need a visa to get back to the country while on EAD, as AP would be available. And potentially bench period turns out to be an issue in H1 becoz consulates tend to look at ur W2's from previous years while u go for stamping, which wouldn't be the case while on EAD. Am I right?
What happens if a EAD is obtained for a person on a h4 visa and the person does not work or works partially? Is that an issue, like bench period being an issue while on H1.
I am thinking that, that should not be an issue as one doesn't need a visa to get back to the country while on EAD, as AP would be available. And potentially bench period turns out to be an issue in H1 becoz consulates tend to look at ur W2's from previous years while u go for stamping, which wouldn't be the case while on EAD. Am I right?
ssa
11-14 01:51 AM
There is a lot of confusion on this topic - not just on the forums but even among practicing immigration lawyers. Bottom line is there is no clear cut wording in any USCIS rule or memo regarding this particular situation so it's open to interpretation. If your attorney is conservative in interpretation s/he will say use of EAD for any job would void H1B. Others say as long as you do not use EAD for the primary Job for which you have the approved H1B its okay to use EAD for other jobs. My own lawyer is in the later camp - the camp which believes use of EAD for secondary jobs does not constitute violation of H1B terms as long as you continue to work for the H1B sponsoring employer for full time. He is immigration attorney for a very big and prominent high tech company.
Pick one lawyer who you are comfortable with and believe in and do as s/he says. Bad news is anything short of USCIS clarification/memo on this will not end this debate conclusively.
Pick one lawyer who you are comfortable with and believe in and do as s/he says. Bad news is anything short of USCIS clarification/memo on this will not end this debate conclusively.
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goodiespan
11-30 01:42 PM
Hi everyone
My husband (H1B) and I (H4) We live in Chicago and wanted to get H1B visa stamp in Canada. My husband has been on H1B since 2003 and he is NOT in IT field.
Our experience:
Step 1: Put together all the documents and take a appointment date in Ottawa (Toronto had a long wait and we had heard a few horror stories so to be on a safer side)
Step 2: Went to Detroit to get a Canadian Visa. Very straight forward the only question we were askes was "Why are you going to Canada for a visa stamp?" We got our passports the same day. This can be done via post as well!
Step 3: We drove to Ottawa - 15 hours from Chicago. Crossed border in Niagara, NY. It was very cool. Hardly 30 min wait in the queue and 5 min wait at the window. We didn't even got out of car.
Step 4: After spending weekend in Niagara and Toronto reached Ottawa on 22nd Nov for visa appointment on 23rd Nov, 9 am.
Step 5: My husband reached consulate at 8:45 am (We stayed 10 min from the consulate in Quality Inn hotel, Ottawa) He was asked very basic question. Such as:
Which employer?
How long on H1B?
What do you do?
Has immigration petition been filed? (Yes)
Do you have the document for labor? (No I only got H1B relevant documents.. Sorry!)
Why stamping in Canada?
Step 6: He was told that his passport will reach DHL office on either Thurs or Fri (2-3 working days)
Step 7: We came back to Ottawa on Thursday (26th Nov) after spnding one day in Montreal and one day in Quebec city. We straight away went to the DHL office (timing are 8:00 - 18:00 closed Sat, Sun) They had his passport ready even when online the status was saying no info !!
Step 8: Friday - 27th Nov we drove back to US and crossed border at 1000 Island bridge in NY. We had to get out of our car and they issued my husband a new I 94 (nothing for me) because he didn't have a white I -94 he only had a bottom part of his I 797 approval. They charged $6 for I 94. They were very friendly unlike immigration at airport!!
We reached home on Saturday after a fabulous road trip along with a successful visa stamping!!
Please feel free to ask any question! Good luck!
My husband (H1B) and I (H4) We live in Chicago and wanted to get H1B visa stamp in Canada. My husband has been on H1B since 2003 and he is NOT in IT field.
Our experience:
Step 1: Put together all the documents and take a appointment date in Ottawa (Toronto had a long wait and we had heard a few horror stories so to be on a safer side)
Step 2: Went to Detroit to get a Canadian Visa. Very straight forward the only question we were askes was "Why are you going to Canada for a visa stamp?" We got our passports the same day. This can be done via post as well!
Step 3: We drove to Ottawa - 15 hours from Chicago. Crossed border in Niagara, NY. It was very cool. Hardly 30 min wait in the queue and 5 min wait at the window. We didn't even got out of car.
Step 4: After spending weekend in Niagara and Toronto reached Ottawa on 22nd Nov for visa appointment on 23rd Nov, 9 am.
Step 5: My husband reached consulate at 8:45 am (We stayed 10 min from the consulate in Quality Inn hotel, Ottawa) He was asked very basic question. Such as:
Which employer?
How long on H1B?
What do you do?
Has immigration petition been filed? (Yes)
Do you have the document for labor? (No I only got H1B relevant documents.. Sorry!)
Why stamping in Canada?
Step 6: He was told that his passport will reach DHL office on either Thurs or Fri (2-3 working days)
Step 7: We came back to Ottawa on Thursday (26th Nov) after spnding one day in Montreal and one day in Quebec city. We straight away went to the DHL office (timing are 8:00 - 18:00 closed Sat, Sun) They had his passport ready even when online the status was saying no info !!
Step 8: Friday - 27th Nov we drove back to US and crossed border at 1000 Island bridge in NY. We had to get out of our car and they issued my husband a new I 94 (nothing for me) because he didn't have a white I -94 he only had a bottom part of his I 797 approval. They charged $6 for I 94. They were very friendly unlike immigration at airport!!
We reached home on Saturday after a fabulous road trip along with a successful visa stamping!!
Please feel free to ask any question! Good luck!
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vikrantp
01-23 08:45 AM
I think with PERM in place you have to be on the payroll for the employer to apply for the GC. Pre-PERM you were not required to be on payroll..
Thats the info that I know of (Not from lawyers) from friends.. Please correct me if i am wrong.:confused:
Thats the info that I know of (Not from lawyers) from friends.. Please correct me if i am wrong.:confused:
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ras
02-11 08:03 PM
http://www.thedegreepeople.com/eb-petition.html
So go ahead on sign in the petition. Dont know how far it goes but atleast it does something good.
So go ahead on sign in the petition. Dont know how far it goes but atleast it does something good.
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pdakwala
09-28 04:36 PM
After looking to so many threads on our forum regarding the receipt notice delay. IV have raised the same questions to USCIS. Today USCIS have come with the answers to your questions. We are told that USCIS has put additional resources to address the receipt notice delays.
Please visit
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D
Please visit
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D
more...
lfadgyas
05-20 09:15 PM
I�m not a lawyer or attorney or anything official
-So you ended up in the US as a intercompany transfer on L1B and you are working for �A�. Probably you started to work for �A� around 1999 summer.
-L1b is expiring on Aug 29, 2001, but few days before they submit an extension, but there is no approval just some RFEs;
I assume you kept working after Aug 29, 2001 for the same company �A� still here in the US.
-After a year you applied for H1-B with company �B� on August 20, 2002 which is approved on Sep 2002 and you travel back home to have the visa stamped and you came back to the US and started working for �B� (on June 2003).
-Later you transferred your H1B and started to work for company �C� which is your current emp. Company �C� started your labor/gc process and you were able to file your case during the 2007 visa fiasco (when all categories were �current� for July or so ).
I believe that from Aug 29, 2001 till Sep 2002 (or till the date you left the country - but this does not really count for now I think) you were working with no USCIS authorization.
Based on the dates this is more than one year � there is some bar for this 3 or 10 years � that is the time you cannot reenter or apply for new visas etc. I guess . Your lawyer (any) should know this better.
Even if you applied for H1b afterward� and that process went ok - probably by this time they realized that there was an unauthorized employment before� I do not know that a correctly field H1 and later and approved LC and filed I485 can "cancel out" such a thing. Probably not.
This is definitely a �lawyer� case . You might would be able to show and prove that you unintentionally ended up with this gray period with your first employer (this would be hard though) and ever since you followed the immigration law. From your stand point (unfortunately this will be not the USCIS�s one ) you are here legally since 2003 June. This is already 7 years. You might can file for some relief - based on extra hardship or something - I do not know this side .
If this unauthorized employment issue is true then consult about the real chances you might have with a lawyer who knows this pretty well...
Good luck
-So you ended up in the US as a intercompany transfer on L1B and you are working for �A�. Probably you started to work for �A� around 1999 summer.
-L1b is expiring on Aug 29, 2001, but few days before they submit an extension, but there is no approval just some RFEs;
I assume you kept working after Aug 29, 2001 for the same company �A� still here in the US.
-After a year you applied for H1-B with company �B� on August 20, 2002 which is approved on Sep 2002 and you travel back home to have the visa stamped and you came back to the US and started working for �B� (on June 2003).
-Later you transferred your H1B and started to work for company �C� which is your current emp. Company �C� started your labor/gc process and you were able to file your case during the 2007 visa fiasco (when all categories were �current� for July or so ).
I believe that from Aug 29, 2001 till Sep 2002 (or till the date you left the country - but this does not really count for now I think) you were working with no USCIS authorization.
Based on the dates this is more than one year � there is some bar for this 3 or 10 years � that is the time you cannot reenter or apply for new visas etc. I guess . Your lawyer (any) should know this better.
Even if you applied for H1b afterward� and that process went ok - probably by this time they realized that there was an unauthorized employment before� I do not know that a correctly field H1 and later and approved LC and filed I485 can "cancel out" such a thing. Probably not.
This is definitely a �lawyer� case . You might would be able to show and prove that you unintentionally ended up with this gray period with your first employer (this would be hard though) and ever since you followed the immigration law. From your stand point (unfortunately this will be not the USCIS�s one ) you are here legally since 2003 June. This is already 7 years. You might can file for some relief - based on extra hardship or something - I do not know this side .
If this unauthorized employment issue is true then consult about the real chances you might have with a lawyer who knows this pretty well...
Good luck
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seattleGC
03-28 05:24 PM
Is part-time H1 and full-time student without F1, a problem with Univ.?
I haven't heard of a case where a person being full time student but on a H1b and doing part-time work. Anyone knows of such?
Can someone after approved I-140 change to F-1? I heard its possible dont know of anyone who has done that.
I haven't heard of a case where a person being full time student but on a H1b and doing part-time work. Anyone knows of such?
Can someone after approved I-140 change to F-1? I heard its possible dont know of anyone who has done that.
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JP McMahon
November 23rd, 2004, 11:01 AM
I hope this does not happen to my precious.