marwan234
09-04 01:27 PM
Hi,
I live in colorado...my H1B is going to expire Oct 27...I have not applied for H1B Extn. yet...But i have EAD...According to colorado DMV i should be able to use EAD for driving license extn...but does using EAD invalidates my H1B??...i am planning to apply for my H1B extn this week...but i won't be able to get approval in 3 weeks (assuming i do premium processing)...Please help me.
Presenting your EAD to DMV for verification does not invalidate your H1B status. Only when you present it to your employer and if he fills out form I-9 and if USCIS requests verification of employment then you will need to worry about that.
I live in colorado...my H1B is going to expire Oct 27...I have not applied for H1B Extn. yet...But i have EAD...According to colorado DMV i should be able to use EAD for driving license extn...but does using EAD invalidates my H1B??...i am planning to apply for my H1B extn this week...but i won't be able to get approval in 3 weeks (assuming i do premium processing)...Please help me.
Presenting your EAD to DMV for verification does not invalidate your H1B status. Only when you present it to your employer and if he fills out form I-9 and if USCIS requests verification of employment then you will need to worry about that.
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ashokmohan
06-13 10:45 AM
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meridiani.planum
12-13 11:41 PM
What are the chances for the PD moving to Mid 2007 by end of 2010 ? :(
are you referring to EB2-India? Without any legislative or administrative changes the chances of reaching 2007 next year are pretty much zero IMO.
If I were to play the prediction game, based on the stats that USCIS released and their own statements in this months VB, this is what I would guess [Q1 meaning Jan-Feb-March: calendar quarter, not USCIS quarter which runs from Sept]:
- Q1 2010 : EB2-I reaches Feb and or early March
>> Reasoning: its already at Jan-end and there are tons of cases in March. because PERM was about to start from April 2005, lots and lots of companies pushed and filed for labor in March. So Jan will be crossed and most likely Feb also. But March is a big hump to cross.
- Q2 2010 : EB2-I goes "unavailable". Probably in May, or in June
>> EB2-India should exhaust its annual quota for the quarter well within the cases from Jan/Feb/early-March. So now the VB would go unavailable.
- Q3 2010 : EB2-I goes to April/May/June-2005 in July, then Dec 2005 by Sept VB.
>> the big spillover of visa starts. Note that spillover has not yet happened. THere is speculation at this point, but traditionally whenever there is spillover (look at last 3 years VB) India and China have the same PD because thats how the visas can spill over equally to both of them. The state dept's own prediction is dates will reach December and thats likely. Note that in their prediction (in the VB) dates for India and China are identical as is expected when spillover takes place. This is the time when the big bump of cases at March should get levelled out.
- Q4 2010 : EB2-I goes to Oct 2005
>> 6 months past PERM the number of filings had picked up again, so based on the EB-I pending cases stats come October 2010 the date should roll back to October 2005. Spillover wont be in effect and India will be back to its annual 7% limit.
- Q1 2011 : EB2-I goes to Dec 2005
>> dates will creep along slowly/
- Q2 2011 : Dec-2005 or 'U'.
>> same story: India quickly exhausts its annual quota, and must now wait for spillover.
- Q3 2011 : EB2-I goes to March/June 2006
>> spillover happens, but unlike earlier there are lots and lots of cases from 2005-end to first half of 2006. So even with spillover the dates are unlikely to go past June 2006.
are you referring to EB2-India? Without any legislative or administrative changes the chances of reaching 2007 next year are pretty much zero IMO.
If I were to play the prediction game, based on the stats that USCIS released and their own statements in this months VB, this is what I would guess [Q1 meaning Jan-Feb-March: calendar quarter, not USCIS quarter which runs from Sept]:
- Q1 2010 : EB2-I reaches Feb and or early March
>> Reasoning: its already at Jan-end and there are tons of cases in March. because PERM was about to start from April 2005, lots and lots of companies pushed and filed for labor in March. So Jan will be crossed and most likely Feb also. But March is a big hump to cross.
- Q2 2010 : EB2-I goes "unavailable". Probably in May, or in June
>> EB2-India should exhaust its annual quota for the quarter well within the cases from Jan/Feb/early-March. So now the VB would go unavailable.
- Q3 2010 : EB2-I goes to April/May/June-2005 in July, then Dec 2005 by Sept VB.
>> the big spillover of visa starts. Note that spillover has not yet happened. THere is speculation at this point, but traditionally whenever there is spillover (look at last 3 years VB) India and China have the same PD because thats how the visas can spill over equally to both of them. The state dept's own prediction is dates will reach December and thats likely. Note that in their prediction (in the VB) dates for India and China are identical as is expected when spillover takes place. This is the time when the big bump of cases at March should get levelled out.
- Q4 2010 : EB2-I goes to Oct 2005
>> 6 months past PERM the number of filings had picked up again, so based on the EB-I pending cases stats come October 2010 the date should roll back to October 2005. Spillover wont be in effect and India will be back to its annual 7% limit.
- Q1 2011 : EB2-I goes to Dec 2005
>> dates will creep along slowly/
- Q2 2011 : Dec-2005 or 'U'.
>> same story: India quickly exhausts its annual quota, and must now wait for spillover.
- Q3 2011 : EB2-I goes to March/June 2006
>> spillover happens, but unlike earlier there are lots and lots of cases from 2005-end to first half of 2006. So even with spillover the dates are unlikely to go past June 2006.
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chocolate
06-05 08:44 AM
Till the new bill becomes law you'll be ok.
Those of you who got LC approved recently, did you apply to Chicago or Atlanta?
Thanks for the input. My labor was stuck in BEC. It was approved last september . I sent all the documents to my employer to file 140/485/ead/ap.He is still going back and forth on filing. MY h1extension got an rfe and he wants to wait for it to get approved and then file. I hope i wont retire before that. I am only 28 yrs short of that.When will we know the decision to the bill. I hope it passes so that he files my next stages.Can i file it with my h1 extension application pending.
Those of you who got LC approved recently, did you apply to Chicago or Atlanta?
Thanks for the input. My labor was stuck in BEC. It was approved last september . I sent all the documents to my employer to file 140/485/ead/ap.He is still going back and forth on filing. MY h1extension got an rfe and he wants to wait for it to get approved and then file. I hope i wont retire before that. I am only 28 yrs short of that.When will we know the decision to the bill. I hope it passes so that he files my next stages.Can i file it with my h1 extension application pending.
more...
learning01
04-25 06:53 PM
We stood in the backlog queue. 3 years. 4 years. Now, we are standing in the I-485 adjustment of status (to apply) queue.
Neither the USCIS nor anyone else have real hard numbers of how many are in each in queue. So, what makes you think that you will NOT be stranded again, like us, in the latter queue. Let me tell you; things are not pretty. PERM has eased or will ease LCs and backlogs. The attempt at IV will help folks affected by retrogression take less years to apply for I-485.
Easing retrogression helps some, but not may of us who are stuck at back log centeres
Neither the USCIS nor anyone else have real hard numbers of how many are in each in queue. So, what makes you think that you will NOT be stranded again, like us, in the latter queue. Let me tell you; things are not pretty. PERM has eased or will ease LCs and backlogs. The attempt at IV will help folks affected by retrogression take less years to apply for I-485.
Easing retrogression helps some, but not may of us who are stuck at back log centeres
aj_jadeja
03-09 10:12 AM
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hpandey
06-12 04:23 PM
IV friends ,
Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.
Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.
My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
Any Idea on that
I have already submitted my driving license to my lawyer.
Please Let me know because I was couting on that I will get 3 year extension this time :(
What if someone doesn't drive at all !! Does that mean they won't get an H1b visa or extension. It is simply not true I think.
Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.
Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.
My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
Any Idea on that
I have already submitted my driving license to my lawyer.
Please Let me know because I was couting on that I will get 3 year extension this time :(
What if someone doesn't drive at all !! Does that mean they won't get an H1b visa or extension. It is simply not true I think.
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ind_game
05-19 10:33 AM
ANOTHER UPDATE
soft LUD on my second MTR for 05/18/2009
soft LUD on my I-485 for 05/18/2009
But the content remains the same:
as "Case received and pending" on my second MTR
as "Denial Notice Sent" on my I-485
soft LUD on my second MTR for 05/18/2009
soft LUD on my I-485 for 05/18/2009
But the content remains the same:
as "Case received and pending" on my second MTR
as "Denial Notice Sent" on my I-485
more...
bkam
04-25 08:35 PM
Learning01 has stollen the idea ! :-)
I have already expressed my intention to sue the US government for the money I have put for so many years in the SS and Medicare funds when I leave the country. There will be always a greedy American lawyer (only one ?! :-) ready to get this done for one third of the prey. And I will still get back two thirds of my money. Much better than nothing.
And imagine that a bunch of "mirage chasers" like me unite and make it a class-suit, and everybody around the world who has been legally here and paid his taxes hears that and asks for his/her money back... The tick-skin-fat-ass politicians and government officials will suddenly become very nice, considered and cooperative (now they are just nice), the PBEC would miraculously clear the backlog within 6 months, the retrogression will disappear etc, etc.
Well, most probably all this will never happen but you never know, the snowball may start rolling... They are too many frustrated people in this mess...
I have already expressed my intention to sue the US government for the money I have put for so many years in the SS and Medicare funds when I leave the country. There will be always a greedy American lawyer (only one ?! :-) ready to get this done for one third of the prey. And I will still get back two thirds of my money. Much better than nothing.
And imagine that a bunch of "mirage chasers" like me unite and make it a class-suit, and everybody around the world who has been legally here and paid his taxes hears that and asks for his/her money back... The tick-skin-fat-ass politicians and government officials will suddenly become very nice, considered and cooperative (now they are just nice), the PBEC would miraculously clear the backlog within 6 months, the retrogression will disappear etc, etc.
Well, most probably all this will never happen but you never know, the snowball may start rolling... They are too many frustrated people in this mess...
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bajrangbali
06-11 04:58 PM
Just wondering you were born this way, just happened now when you arrived in US.
Any high school kid will tell you about what happened in the past and what advantage you could have taken, but............ a catch, we are simple who cannot see into the future like "YOU"
Stop these idiotic bakwaas..anyways if you wanna continue, fine with me , I am actually having a great TP.
Dude..have fun and good luck with your investment...
Any high school kid will tell you about what happened in the past and what advantage you could have taken, but............ a catch, we are simple who cannot see into the future like "YOU"
Stop these idiotic bakwaas..anyways if you wanna continue, fine with me , I am actually having a great TP.
Dude..have fun and good luck with your investment...
more...
EndlessWait
07-24 04:19 PM
After all sardarji can make a joke:D
stop making sterotypical comments.
stop making sterotypical comments.
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black_logs
03-09 02:38 PM
EB3_NEPA, I'm pretty sure that's how it works. They first use the regular EB3 numbers available.
Black_logs are you ABSOLUTELY sure that they eat into the EB3 numbers? On the Visa Bulletin, they have a seperate entry below the EB3. Just curious if we are getting this Schedule A thing correctly
Black_logs are you ABSOLUTELY sure that they eat into the EB3 numbers? On the Visa Bulletin, they have a seperate entry below the EB3. Just curious if we are getting this Schedule A thing correctly
more...
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Milind123
09-14 09:57 PM
it is
Thanks. Looks like the first time contributors are motivating others. Can we (karan and I) have more contributions please? Sept18th is round the corner. Just wanted to get all 401K contributions in before people start travelling. we still have one last round after this.
Thanks. Looks like the first time contributors are motivating others. Can we (karan and I) have more contributions please? Sept18th is round the corner. Just wanted to get all 401K contributions in before people start travelling. we still have one last round after this.
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gctest
09-15 04:19 PM
That memo/document you pointed out is an interpretation. We have already said that USCIS's interpretation is incorrect. We intend to correct this interpretation with this lawsuit.
Infact, it would be wrong to call this a lawsuit.
We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.
If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.
The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.
Incorrect.
Please read this pdf document
AFM Update: Chapter 22: Employment-based Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf)
Please pay attention to section (3) Priority Date Based on Earlier Petition on page 28 -
----------------------------------------------------------------------------------------
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
--------------------------------------------------------------------------------------
I suggest, you talk to an attorney before using words like illegal. It may be unfair, but still be legal.
_____________________________________
Proud Indian-American and Legal Immigrant
Infact, it would be wrong to call this a lawsuit.
We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.
If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.
The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.
Incorrect.
Please read this pdf document
AFM Update: Chapter 22: Employment-based Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf)
Please pay attention to section (3) Priority Date Based on Earlier Petition on page 28 -
----------------------------------------------------------------------------------------
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
--------------------------------------------------------------------------------------
I suggest, you talk to an attorney before using words like illegal. It may be unfair, but still be legal.
_____________________________________
Proud Indian-American and Legal Immigrant
more...
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sr123
12-18 04:22 PM
one way to demonstrate our worth is for our employers to come out and speak loudly. i am trying to get my employer to do exactly this. but we need new ideas.
BTW: sidenote: in all these years of reading about Gandhi, and I am a big fan of history, I have never heard of a mountain called "Gandhigiri." Exactly where is this mountain located? :)
qplearn that was a good one. !!!!!!:)
For the benefit of non-Indian members of our group. "-giri" is the slang for "-ism" in hindi(one of India's many languages.) So Gandhism translates to Gandhigiri....
BTW: sidenote: in all these years of reading about Gandhi, and I am a big fan of history, I have never heard of a mountain called "Gandhigiri." Exactly where is this mountain located? :)
qplearn that was a good one. !!!!!!:)
For the benefit of non-Indian members of our group. "-giri" is the slang for "-ism" in hindi(one of India's many languages.) So Gandhism translates to Gandhigiri....
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ashutrip
06-18 10:37 AM
Good Morning guys,
So we all should be fine to file I-485 up until end of September guys, before the retro kicks off ?
Lawyers sugarcoat things man....I am getting bad vibes...that it will be august!
So we all should be fine to file I-485 up until end of September guys, before the retro kicks off ?
Lawyers sugarcoat things man....I am getting bad vibes...that it will be august!
more...
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hpandey
06-12 04:23 PM
IV friends ,
Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.
Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.
My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
Any Idea on that
I have already submitted my driving license to my lawyer.
Please Let me know because I was couting on that I will get 3 year extension this time :(
What if someone doesn't drive at all !! Does that mean they won't get an H1b visa or extension. It is simply not true I think.
Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.
Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.
My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
Any Idea on that
I have already submitted my driving license to my lawyer.
Please Let me know because I was couting on that I will get 3 year extension this time :(
What if someone doesn't drive at all !! Does that mean they won't get an H1b visa or extension. It is simply not true I think.
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ssss
08-06 04:05 PM
I also have a problem getting my employer's signature
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h1techSlave
04-12 12:05 PM
I think the advantage of LLC against Sole Prop is about liability.
If some one sues your business, LLC offers you protection, but Sole prop. may not.
If you are on EAD, you can start the business in your wife's name. Now the risk is that she will run away and take the business with her; can't say that would really be a bad thing.
S-corp is much more complex compared to LLC.
If some one sues your business, LLC offers you protection, but Sole prop. may not.
If you are on EAD, you can start the business in your wife's name. Now the risk is that she will run away and take the business with her; can't say that would really be a bad thing.
S-corp is much more complex compared to LLC.
sirinme
07-21 03:42 PM
I just upgraded my monthly contribution to $50.
Humhongekamyab
06-11 11:45 AM
In a weird way, I feel this is good news. An old saying in China says 'Things will turn to their opposite at their extremes'. The moment before dawn is the darkest hour of the day.
I agree. I think we can use this statement to show our plight to the media/congress. A doctor, engineer, lawyer, scientist, etc from Chindia have to wait for decades to get a green card (that too under EB-2 category). If we use this properly we might have some legislative change even in the absence of CIR.
Also, I read somewhere that Janet Napolitano recently signed something which granted deferred action for two years to widows and widowers of U.S. citizens-as well as thier unmarried children under 18 years old-who reside in the US and who were married for less than two years prior to their spouse's death.
I am sure something like this can also be done for us who have been waiting for years for our GC's.
I agree. I think we can use this statement to show our plight to the media/congress. A doctor, engineer, lawyer, scientist, etc from Chindia have to wait for decades to get a green card (that too under EB-2 category). If we use this properly we might have some legislative change even in the absence of CIR.
Also, I read somewhere that Janet Napolitano recently signed something which granted deferred action for two years to widows and widowers of U.S. citizens-as well as thier unmarried children under 18 years old-who reside in the US and who were married for less than two years prior to their spouse's death.
I am sure something like this can also be done for us who have been waiting for years for our GC's.
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