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Is there anything currently to actually stop us from all throwing in the towel with the LC process and just stating that we've been here for x years and paid $x taxes and getting on the illegal's bandwagon?

Thanks for your quick reply :)

Thank you JAPS19 - This Helps - Thank you.

I dont have H1B for the new company, just employment letter and pay stubs.

Can you please advise why you were sent to downtown? for what verification?

Which airport was your port of entry?

I dont have a lawyer anymore as I got laid off from the sponsoring company and working on a new company with EAD.

Guys, take it easy, if they deport you from the port of entry the world will not come crashing down....Always keep your head up high and walk upright....we are more educated and learned than most of the folks around the world...so why be afraid....Just be honest and tell the truth...and let time take its course...NO FEAR and HONESTY should be our motto in these times of trial!!!!

If this happens it will be a bad news as given environment I 140 approval takes years . Very soon there will be a backlog in I 140 stage.. They are just swaping backlog from one stage to another..

So how can we influence them through this 'public commenting' period? Would that make any change at all?

Looks like the best bet for you would be to give the exam in either Houston or Dallas.

I am in Denver, Colorado...there is els center here...but that is nt mentioned on the ielts.org website.

http://www.washingtonpost.com/wp-dyn/content/article/2007/06/16/AR2007061601360.html?hpid=topnews

Needless to say, one can register and post their comments there. Feel free to share your stories related to the above article.

Hello,

My 2-cents:

1. Your EAD is for unrestricted employment till the AOS is resolved (so, it is not tied to your labor petition)
2. Your AP is a travel document to allow you to travel while AOS is pending (again, not tied to employment)

As such, for all legal purposes, you should be able to pursue education full time. However, any IO at entry post has authority to ask you questions beyond what is legally required, which many a times, includes 'are you still employed with the petitioner'.

This is the tricky part... if the IO has good knowledge of the laws, he would let you in 'cause your petition is for the future job, but a wrong IO can twist and turn the laws to suit his/her point of view and land you in unnecessary trouble.

However, in 99% of the cases, the trouble may mean a few more anxious hours at the port of entry and nothing more. Hope you are able to pursue your education, all the best! :)

Guys n Girls,

I would like to listen to your views or experience in this matter. As we know, the employer is now required to pay for all fees associated with filing a labor certification (first step in the GC application). Is it legit for the employer to engage the employee in a contract that requires the employee to reimburse all immigration related fees (including the labor cert fee) to the employer if the employee quits the company when the GC petition is pending?

I guess DOL wants the employer to pay for the labor cert fee. Is it ok for the employer to get it back, say a year later, when the employee quits the company, which in sense would mean that the employee ended up paying for the labor cert.

Comments please.

Thanks!

that is totally illegal and if it happens and if someone complains to DOL then the employer will be in "Lake Soup"

please feel free to join in
those from other states asking this question: you are very welcome

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Thanks for the updates. There seems to be something happening at the least. Hopefully some thing works out to get the mess cleared.

First thing is when u have higher salary , u got nothing to worry.
Next job tittle/description have to be similar in words not only in nature(becos USCIS officers are not tichnical folks, they just match words). Also it has to be in similar job code. This code is in the ETA* form filed during the labor phase by ur current employer.

But you can do AC21 with EAD or H1. H1 is safer than EAD.

After reading the alert on immigration-law.com website I contacted my firm's attorney. According to them they have requested 3yrs extension based on my approved I-140. Now since the dates are current, they may grant either 3yr or 1yr extension. But, they won't deny the h1 extension petition.


Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?

Please advise.:confused:

immigration1111

Please confirm this .... couple of things USCIS grants for professional with this situvation

1) He can file a petition saying that his skill sets are still needed here and are in demand and request to grant him X no of months of stay (I belive that it is 3 Months )

2) Even if he is out of status for less 180 Days it is ignored by USCIS during the process of GC9I know this not relavant to your question, but just in case if you are not aware

3) USCIS looks for just the pervious month pay slip .... Say he is OO job June 1st week .... He can file for the H1B Transfer untill end of July ....

Ofcourse he would be safe if the pervious H1B is not canceled .... As he reigned he should be in OK terms with his employee

Hope this helps and Good Luck to him !

Arun

Not funny.
If an EB3 is so good he will not apply in EB3. He will apply in EB1. I am asking about people who were EB3 but became big after getting Green Card.

can name few who became "big" literally (--fat)

"Fragomen, Del Rey, Bernsen and Loewy, LLP" are doing my H1-B transfer and I had a good experience dealing with them so far (though brief).

Only thing is for GC I am little reluctant due to their PERM cases being the traget of audit
Why do u need them for gc ? Your 485 is already pending.

^^^^

Its' very depressing state, I really feel bad about current state of affairs of economy...

Its' very depressing , So lets close this thread :(

But gcformeornot Don't give me read for that , Nothing against you , I am giving you green

One more thing, never disclose anything with company's attorney, they will be loyal to your employer and not you. Look for soem other attorney.

A few more questions:

1. While the I-140 is pending, can I get a different lawyer to file the I-485?

2. If I wait until the I-140 is approved and then get a different lawyer to process my I-485 (or do it myself), will this be a problem?

3. Can my employer withdraw the I-140 AFTER it's been approved?

Please advise me.

A last shot. I liked this one, as did the client.


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is'nt an Advanced parol document a re-entry permit ???

This I think comes from AC21 regulations as well as one of the AC21 memos that were released. It mentions that a person can get H1 beyond 6 years even though they are not maitaining the H status as long as they can prove that their GC is pending . This may include pending I-485. I think the memo says that person need not maintain H status to get extension beyond 6 years without being counted against quota.

I think the H1 can be filed but since you are on EAD, you will not get I-94. This means that you will need to go out and get the H1 stamped and re-enter to get back on H status.

Again, various attorneys differ on this too. So consult few good attorneys for this would be good idea.

yes this is true (confirmed it with a top law firm)- but 140 needs to have been approved though and pd shouldnt be current. and you need to get the h1 stamped too.

Hi forum users,

My wife is on h4 visa and we have found a volunteering position for a profit company.

Is it legal for people on h4 visa to volunteer (meaning not getting paid any type of salary) for a profit making company.

You may ask why we are doing this, if we dont make money, we are doing this to gain experience here.

So that once we get our EAD we can use it to work.

Does any one have any information about this. Because it is not a non-profit company it is a profit making company.

The field is not IT , it is drug and pharmaceutical related and is mainly bio-tech.

Thanks.

The answer is a BIG NO. If that job, for which your wife wants to volunteer, is technically a paying job, then he/she cannot volunteer, being on H4 who can't work.

Consult an attorney to make sure you are not unintentionally crossing the legal/illegal line and breaking any immigration rules.