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AP is a must. If you travel out of the country and your GC gets approved while you're away... your H1 becomes invalid and you cannot use it enter US. The only way to return then is AP.

Sure, but I have been told that you need both EAD and AP to be able to travel, not AP alone. Having H1B and AP is no point.

But, I've just re-read your answer - I understand about the H1B invalidated stuff now :) My point was more that AP and EAD seem to go hand in hand, I don't really understand why you wouldn't get both at the same time, especially if H1B has nearly expired.

I still don't see where this "spill from EB-1 ABC country to EB-2 ABC country" idea coming from.
We all know there's no fixed number of quota for any country in each EB category. There's only "up to" limit for each country. Although some countries may hit their limit early, but that doesn't mean that is reserved quota for that counrty. Since there's no reserved quota for any country, where is the "spill from EB-1 ABC country to EB-2 ABC country" idea coming from ?

"There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year"
I think this means
1. If EB-3 RoW Current, unused quota goes to other countries which is not current, from EB-1 -> EB-2 -> EB-3, either randomly or again by country limit to use these extra quota.
or
2. If EB-3 Row not current. unused quota goes to other countries which is not current, from EB-1 -> EB-2 ->EB-3, either randomly or again by country limit to use these extra quota at 4th quarter in order to not waste any quota.

Grrrr :P

Hi, This is my first post here and I need some guidance regarding new-H1 under FY2010 quota.

--One of my friend told me about this company in Chicago who is doing H-1s and apparently the quota is not over yet. I am in India and

--Is it advisable to get my H01 filed at this time?
--What if the USCIS asks client letters? They said, the company will take care of it if that happens -- is that even legal to say that?
--What is the probably the CAP will be met by that time they file my H-1 in the next 2 weeks? And am not sure if the attorney returns the money in that case.

Please suggest. Thanks

Hi Bhayzone,

Allow me to help you a bit here...

First of all, there is no such thing as a H-1B transfer. When you change jobs, the new employer files a "new petition" with the USCIS requesting that:

1) The new application should not be counted against the yearly H-1B cap.
2) Your current H-1B status be "extended" in the US
3) Your wife's H4 status be "extended" in the US

Only your wife's H4 status is dependent on your H-1B status. If your wife changes her status to F1, then your H-1B status has no bearing at all on her F1. You could even go back to your home country and stay there while your wife completes her education on F1 :)

I think the answer to your first two questions is in the above discussion. As for the third, I would personally wait to have the H-1B and H4 extensions approved, before applying for change from H4 to F1.

All this is doable because you can:
1) Use premium processing (2 weeks) for your new H1 and wife's extended H4 (at the same time). Note that you are legally allowed to pay the premium processing fee of $1000.
2) School doesn't start until the begining of July, which gives your wife enough time to change her status from H4 to F1.

Just so you know, your wife can attend school on H4 also. It helps to know this if the F1 doesn't go through. But, IMHO, it is better to be on F1 than H4 on any given day!

Good luck!

Ams

Hi,

My wife is on an H4 and we're planning to change her status to F1.
Now my H1, thus her H4 is up for renewal soon (I have another 3 yrs on my H1).
I will very soon be transferring my H1 to a new company.

I am worried about the implications this might have on the H4 to F1 transfer.

1] When my new company transfers the H1, will they also file for renewal? Or will they only transfer and later renew seperately.

2] Assuming that we change the current H4 to F1, then will we have to renew the F1 too when my wife's H4 is transferred (due to my H1 transfer).

3] Is it better to transfer to F1 from the current H4 , or wait for the new H4 for the transfer.

All advice/suggestion would be really appreciated.

Point taken.

I did look under the visa bulletin section of the forums, I did not see anything on pages 1 and 2 so I posted.

But, point taken.

Mocking me so much shows you in bad taste, my friends.
This is the last thing you will see me posting here.

And it is a "her".


You lied! ;). You posted one more time.

Fortunately or unfortunately on this forum, saying this is your last post doesnt make people become nicer to you :)

ask the lawyer what he was thinking

but i asked this question to find the legality of this issue before reporting someone to the USCIS that i know is doing this.I just used I instead of someone in my thread to start the discussion.

Who do i complain to in this case?


Buddy,

Are you the same person as the one who posted this? Has someone hijacked your id or your brain?

http://immigrationvoice.org/forum/showthread.php?p=129163#post129163

Obviously we all love cameras, how many of you have or are considering getting a camera phone?

I also want to know the answer to this question

Can you re enter USA on H4 after using EAD

On the immigration form at the port of entry, can you put H4 and say YES to do you work?

Hello everyone,

I have a question abt the recent contributions. Of late i have seen a SHARP drop in contributions. Have we reached a plateau now, or are the contributions not updated live?

Also i have a question abt what the agreement is with QGA. Do they do nothing till we pay the $200k or do they do things in installments (like our immigration lawyers ;)). A lot of non members, but possibly potential contributors keep asking me abt the same. If the board can answer this question i would appreciate it. If you do not want to post that info on here, please send me a Private Message.

I am on H1-B which expired on June 18th (extension filed) and my I-485 is pending since Sep 2007. I got my EAD in Feb 2008 but I am still using my H1-B with my current employer. My wife is on H4 (extension filed with mine) and her EAD is received at USCIS May 13th under processing

I need expert's help to understand the following

1) I am getting a good job offer and want to move to other employer July 31 on EAD.
2) Since my H1-Extension is no received I cannot transfer it now but I get it I will transfer it.
3) Can I join my new employer using my EAD (which was not used with my current employer) invoking AC21 and 180 period is passed since the 485 Application receipt date (Sep 14th)
4) If I join using EAD, will my wife be out of status as H4 will be void, however her EAD is under process but not yet received.

Any help will be highly appreciated

Amit

Even PA DMV also adopted more troublesome procedure of giving DL to the LEGAL IMMIGRANTS.
Even after having VALID EAD DOCUMENT, verifying ORIGINAL USCIS documents and ORIGINAL SOCIAL SECURITY CARD why DMV want to check status with USCIS again?


What do they get out of that process?? Seems like another way of harassing LEGAL IMMIGRANTS.

Why redundant procedures???... Why to waste tax payers money with these kinds of redundant policies??
Why individual states like PA, GA and SC adopting these policies??

Please share your experiences from other states if any similar sort.

Same is the case with Missouri. Earlier in one of the DMVs ( in the same city of St.louis) one official just bluntly denied to consider a valid EAD card, where as 5 miles on the otherside of city, same day, same deparment issued a paper License and sent all the copies of 'Oroginal' documents such as EAD card, SS Card to USCIS for "verification"
my personal opinion is not that they are trying to harass, but rather lack of proper directions

Congrats ivar! Good luck and God bless.

Thanks, Sunny1000, Leo07,feblc2002,whiteStallion.

feblc2002, I missed July 07 fiasco so i had file I-485 in September 2010. Got approval notice (email alert) on 01/27 and cards yesterday.

I am employeed in IT consultancy, and wants to change my employement as a permenent employee of the client.
When i told this to my employeer he is telling me that he can file a lawsuite against my Client(New Employeer) on the bases of Small Business Administantion laws, stated below

Although the contract does not specifically state that the client cannot hire the contractor (you) on a permanent job, it also does not state that the client can. Current Employeer comes under the category of the 'Small Business Administration' under the State and the Federal Governments. Both governments fully support the growth and looks after the interests of small businesses in the country. They have always done it and are even more supportive lately as a result of the struggle small businesses are undergoing in these bad economic times. I have been advised by the company attorney that I contracted you to the client purely on professional and ethical grounds for the benefit of Current Employeer business. If a giant company like Client just takes you away to their advantage, it may not be looked upon favorably by a small business court.

Below is what is in the contract between my Employeer and Client.

1. This agreement is for the sole purposes of providing the services of the Contractor�s employee XXX to (Client).
2. Contractor will be an independent contractor of Company and will work on a Client assignment.
3. Company will pay $XX.00 per hour to Contractor for all the hours of work and expenses approved by Client.
4. All time and expenses should be entered into client�s system and should be approved by the concerned manager or project manager.
5 Company will not pay contractor for any time and expenses not authorized and not approved by Client.
6. Contractor shall be solely responsible for the quality of work performed.
7. Payment terms shall be XX days net and will be made on a bi-weekly basis.
8. The start date and the length of assignment will be determined by Client, and Company shall let the Contractor know in writing before the date on which the consultant starts working for the Client.
9. Contractor reserves the right to offer consultant�s services to other clients until such time the Company and the Contractor executes this agreement as well as a project work order.
10. This is the only agreement between the Contractor and the Company. Changes can be made in writing only and have to be signed by both parties to be effective.
11. This agreement is subject to the laws of the State of Texas.
12. Either party can terminate this contract by giving 2 week�s written notice, via email or physical mail. The notifying party must obtain proof of delivery of such notification to the other party.

Can any one tell if there is any possibility of that

It seems he is trying to scare you...pay few hundered dollars to an attorney and check.

Approved I-140 is good enough for applying for three year extension. I don't think there is any rule to wait for 365 days after I-140. I guess the 365 day rule is for pending labour.


Thanks wellwishergc,
I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?

Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.

-Madhuri

There may be members posting their thoughts and suggestions on multiple websites. Right now immigrationvoice.org is separate org and has a different approach to others that I know. This org is going to raise funds and hire professional strategist who knows how to cross a minefield and get our priorites introduced in one or other vehicle of legislation.

Everyone here on this org is:

1. Affected by retrogression.
2. Already tried individual efforts to educate/convince congress to eliminate employment based retrogression and raise GC quote for EB2, EB3.
3. Realized after defeat of provisions in S 1932 in the house that we need professional help and need to spend money, time and efforts to get it done.

While individual efforts are not bad, lobbying certainly makes a lot of difference when it comes to get our priorities stay in legislation during intense debate over immigration in general.

Please keep you valuable contributions coming in terms of your time, forum replies and money. We have raised $5000 dollars in 2 days and our goal is $100,000 for professional lobbying help and we need to raise that much in next few weeks.

Thanks,
logiclife.

Its a good idea but make sure you guyz are comfortable. It must be hot out there.
Have every one wear white as the color of peace/silent protest/sadness.

I have a new eos 350 and am slowly starting to learn to use it. One problem I seem to be having is that on some of my flower shots I am finding that the reds and yellows seem to get blown. I am sure the exposure is right because I bracket like crazy. And I am shooting in raw and then use the slidebar and curve in the photoshop CS raw converter to tone down the image untill the clipping is all gone. But there is still no detail in the area in question - which was the area that showed up as blown out or clipped in the raw image.

The area I am talking about is the petal on the far side of the flower near the center of the image.

I would have assumed that because it shows up as clipped in the initial RAW image then there is no recoverable detail. However if I desaturate the image almost completely or add reds I do get some detail in the blown area.

I am using a photoshop colourspace in the camera. Saturation and exposure are set to normal.

Is this a problem with me or with the camera?

"Funny reply:
Way to use your reproductive system to get ahead in line bro? If your father had had this idea, you wouldn't be here on these forums, but surfing on laguna beach with a cold martini and semi white chick.
another way of saying.. "stand in line & wait your turn""


*I've* done that. Maybe you guys need to get out more :p

You guys are great. Guys like you are making this world better place to live. I wish you both good luck.

I decided to apply I485 as future employment. My attorney charged complete GC fees when I got I140 approval. So now I have to pay only application fees but not any attorney charges. Do you guys know info about following?

I485 applicatio fee:
I-131 applicatio fee:
I765 applicatio fee:


Once again thanks for your advice.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D