ExoVoid
06-13 05:21 AM
CONFUSED: what is up with those percentages, my count is just a bit above 100...
I get approx 600%
I get approx 600%
sroyc
12-11 04:24 AM
From what I understand, the annual quota is 140K. The extra 23K was the spillover from last year's FB quota and was distributed in the following order - EB1->EB2->EB3.
Perhaps unfairly, they do not have the same quotas for the spillover visas.
Does anybody know why EB3 Total number (45,650) doesn't translate into 28% of annual quota (163,037). Does it mean EB3 didn't get their fair share (forget about per country limit)? This is insane.
Perhaps unfairly, they do not have the same quotas for the spillover visas.
Does anybody know why EB3 Total number (45,650) doesn't translate into 28% of annual quota (163,037). Does it mean EB3 didn't get their fair share (forget about per country limit)? This is insane.
nlssubbu
10-08 08:12 PM
i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
Many used AP to enter and still continue to work with the same H1B employer without issue. I myself did this thrice and using AP does not invalidate your H1, but using EAD on I-9 form will do.
To reply to the original question, using EAD to earn by H4 derivative does invalidate the H4. H4 does not come with work permit and not allowed to earn wages. When you start using EAD and earn wages, that does conflict with the dependent nature and USCIS will not renew the H4. This is what I understand and please check with your attorney regarding future extension of H4.
(PS: I am not a lawyer and please use my advice based on your own discretion)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
Many used AP to enter and still continue to work with the same H1B employer without issue. I myself did this thrice and using AP does not invalidate your H1, but using EAD on I-9 form will do.
To reply to the original question, using EAD to earn by H4 derivative does invalidate the H4. H4 does not come with work permit and not allowed to earn wages. When you start using EAD and earn wages, that does conflict with the dependent nature and USCIS will not renew the H4. This is what I understand and please check with your attorney regarding future extension of H4.
(PS: I am not a lawyer and please use my advice based on your own discretion)
immi_seeker
07-14 12:31 PM
I called uscis and they have asked me to refile I-765. They said they will issue new EAD with extended dates. Not sure how long will it take. And i dont believe issuing 3 month EAD was intentional. They probbaly wont have any idea when the 485 would be adjudicated when they approve EAD.
more...
axp817
02-03 01:49 PM
Documentation informing the USCIS of your having utilized AC21 benefits isn't necessary, but is a proactive measure usually taken to have a clean slate on the applicant's part.
It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.
I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.
Just my 2 cents,
It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.
I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.
Just my 2 cents,
Hermione
10-02 12:34 PM
My wife has a non-working SSN. Will she need to convert it (or apply for a new SSN) to working SSN once she starts working persuant to EAD?
Do you mean ITIN or an SSN with a statement underneath? If it is ITIN, then she would need to apply for the real SSN. If it has the statement 'Not valid for employement' then she may get one, too, it would read 'Valid for employment with USCIS authorization'.
Do you mean ITIN or an SSN with a statement underneath? If it is ITIN, then she would need to apply for the real SSN. If it has the statement 'Not valid for employement' then she may get one, too, it would read 'Valid for employment with USCIS authorization'.
more...
vallabhu
11-13 04:44 PM
India EB3 2004 June.
Hewa
10-13 02:54 PM
Be decent. Look good.
I've been there with a shirt and jeans, sometime shirt and trouser.
But never a tie.
I've been there with a shirt and jeans, sometime shirt and trouser.
But never a tie.
more...
hazishak
07-31 11:25 PM
My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.
sumansk
10-03 10:04 PM
I am sure you are a latest filers...so just relax and forget abt it for many yrs to come unless there is a serious effort by the Govt. to reduce backlog...till then elax and dotn let your blood boil over it leading to deterioration in health and wealth....
NJOY !!!
NJOY !!!
more...
pointlesswait
04-10 04:10 PM
who cares what Lou dobbs says???
he has been yelping for ages... its all abt rating and ranting;-):cool:
he has been yelping for ages... its all abt rating and ranting;-):cool:
trance
07-21 07:41 PM
Hi anu_t,
Thanks a lot for your input.
Trance.
Thanks a lot for your input.
Trance.
more...
garybanz
06-02 04:21 PM
Thats a really bad idea!!
Tell the new employer that you need H1 to work for them, if they don't want to do it then find another job or stick to your current job.
It sucks but that's the law.
Regards.
Tell the new employer that you need H1 to work for them, if they don't want to do it then find another job or stick to your current job.
It sucks but that's the law.
Regards.
bmoni
01-28 06:28 PM
First thing, call one of the high powered attorneys discuss with them what options you have.
I think there is a recent court ruling that will favor you in fighting the USCIS decisions.
This is the first time we're (I'm) seeing such a denial notice related to the recent memo. So who ever thinks this is just a memo or USCIS reiterating existing rules. Rethink your stand. I'm sure more people will wake up soon.
Keep up the hope. Don't wait if possible try to apply for another new H1B.
Thanks for posting the denial notice. I feel your pain. Again don't lose your hope keep up the fight. If you hear any updates please do post them.
I think there is a recent court ruling that will favor you in fighting the USCIS decisions.
This is the first time we're (I'm) seeing such a denial notice related to the recent memo. So who ever thinks this is just a memo or USCIS reiterating existing rules. Rethink your stand. I'm sure more people will wake up soon.
Keep up the hope. Don't wait if possible try to apply for another new H1B.
Thanks for posting the denial notice. I feel your pain. Again don't lose your hope keep up the fight. If you hear any updates please do post them.
more...
gcsucks
06-01 02:37 PM
I dont know about others but for me stuck with the same compay for 5 years. I really want to move on !!But it does increase the GC quota which will substantially hasten the process
letstalklc
08-27 05:01 PM
Yes,
You are right...There is one case PD of Jan 2008 has been approved....No proper system exist at DOL....it's all fate......thats all I can say....
You are right...There is one case PD of Jan 2008 has been approved....No proper system exist at DOL....it's all fate......thats all I can say....
more...
webm
10-15 12:38 PM
I agree with you!!
GC approval is always unknown even when Priority Date current and they club with diff criterias...:( fully a crazy system..
Just a positive hope and moving further as a daily routine..:)
--------------------
PD EB3-I:Oct,2001
GC approval is always unknown even when Priority Date current and they club with diff criterias...:( fully a crazy system..
Just a positive hope and moving further as a daily routine..:)
--------------------
PD EB3-I:Oct,2001
BMWX5
04-12 06:02 PM
If I were you, I would send a letter with the facts. I do not see a downside to this. On the upside, if the employer decides to settle you could potentially get some of your money back.
I agree with you.
I agree with you.
ksiddaba
07-14 06:40 PM
Dallas, TX
pasupuleti
01-31 12:21 PM
I work for a good consulting company, completed 3 years in that company.
Since it is a consulting company my pay is less unless i go full-time.
I started thinking about going full-time with other companies and got offers from two companies.
Now my dilemma is that if i switch companies, my current employer(consulting) might revoke my I140 and use it for labor substitution. I talked to different lawyers about validity of the H1B extension based on I140 approval. All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.
I decided to take my chances and take one of the new offers. Worse case, i will go back to india. Wait may be that be the BEST case, i could work for a startup:)
Since it is a consulting company my pay is less unless i go full-time.
I started thinking about going full-time with other companies and got offers from two companies.
Now my dilemma is that if i switch companies, my current employer(consulting) might revoke my I140 and use it for labor substitution. I talked to different lawyers about validity of the H1B extension based on I140 approval. All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.
I decided to take my chances and take one of the new offers. Worse case, i will go back to india. Wait may be that be the BEST case, i could work for a startup:)
fromnaija
11-13 01:01 PM
That, my friend, is the question! It is the risk associated with using AC21 before I-140 approval.
How do we know that I-140 is "approvable"?
How do we know that I-140 is "approvable"?
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