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sixburgh
08-04 09:10 AM
The following has been extracted from H1-B is still valid with AP entry US? - Yahoo! Answers (http://answers.yahoo.com/question/index?qid=20071214234832AA7fOR3)
Normally, an alien who has filed for Adjustment of Status in the US must apply for Advanced Parole and use the Advanced Parole to come back to the US in order to keep his / her Adjustment of Status application pending.
H-1 and L-1 holders are the only exceptions to this rule.
Aliens in H-1B status who have a pending Adjustment of Status application do not need to apply for Advance Parole to go abroad if they fulfill certain conditions. As long as the H-1 B visa holder maintains his/her H-1 B status before leaving the U.S., he/she may apply for an H-1B visa to re-enter the U.S. to work for his / her H-1B sponsoring employer after his/her travel abroad.
When he/she comes back with a valid H-1B visa to continue to work for his/her H-1B sponsoring employer, he/she does not need to be paroled. Rather he/she can be admitted under H 1B status as long as they're still employed by the H-1B petitioner.
If they choose to be paroled, then they are not H-1B anymore, and if they had dependents, those dependents cannot be H-4's anymore. It's your choice. Use the valid visa if you're still with the petitioner or use the parole. If you are paroled into the U.S., you will need an EAD to work.
Normally, an alien who has filed for Adjustment of Status in the US must apply for Advanced Parole and use the Advanced Parole to come back to the US in order to keep his / her Adjustment of Status application pending.
H-1 and L-1 holders are the only exceptions to this rule.
Aliens in H-1B status who have a pending Adjustment of Status application do not need to apply for Advance Parole to go abroad if they fulfill certain conditions. As long as the H-1 B visa holder maintains his/her H-1 B status before leaving the U.S., he/she may apply for an H-1B visa to re-enter the U.S. to work for his / her H-1B sponsoring employer after his/her travel abroad.
When he/she comes back with a valid H-1B visa to continue to work for his/her H-1B sponsoring employer, he/she does not need to be paroled. Rather he/she can be admitted under H 1B status as long as they're still employed by the H-1B petitioner.
If they choose to be paroled, then they are not H-1B anymore, and if they had dependents, those dependents cannot be H-4's anymore. It's your choice. Use the valid visa if you're still with the petitioner or use the parole. If you are paroled into the U.S., you will need an EAD to work.
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vaishalikumar
09-18 10:11 PM
Today's work will definitely bring fruits tomorrow !
whitecollarslave
08-14 10:02 AM
I will be willing to join such a campaign.
EB2 India PD 12/05
EB2 India PD 12/05
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jmehta
05-24 01:46 PM
Done from MA
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vicsthedude
08-19 06:31 AM
I am on currently on EAD pending AOS. My priority date is current starting September.
My wife is on H1 and serving her 3 year J1-waiver requirements she has completed 1 year and has 2 more years to go We got married two years before I started my GC process.
My question is at what point should I file my wife's I485 given that I am current next month - She obviously has a J1-visa waiver approval but has still 2 more years to complete her waiver requirements. Assuming my AOS gets approved in next 2-3 months what would you suggest would be a good time to file my wife's I-485 and I am come under EB2 India category.
Thanks.
My wife is on H1 and serving her 3 year J1-waiver requirements she has completed 1 year and has 2 more years to go We got married two years before I started my GC process.
My question is at what point should I file my wife's I485 given that I am current next month - She obviously has a J1-visa waiver approval but has still 2 more years to complete her waiver requirements. Assuming my AOS gets approved in next 2-3 months what would you suggest would be a good time to file my wife's I-485 and I am come under EB2 India category.
Thanks.
jayleno
09-19 10:38 AM
Not yet. I'm planning to. :D. Can you please eloborate "we", apart from you who else is interested in knowing?
We would like to know the count of GC waiting applicants with US citizen children.
We would like to know the count of GC waiting applicants with US citizen children.
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guyfromsg
09-18 11:15 PM
I was in DC yesterday and today and it's a life changing experience. It was very well co-ordinated. Thanks to all the people who showed up. Three cheers to nixstor, Arun and the local team who had the difficult tasks of getting permits, co-ordinating with local authorities and everything went according to plan..Since I had lobby meetings in the PM had to leave early. They still had pletny of work to do. Their hard work paid off...
Nicely done :)
Nicely done :)
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gimme_GC2006
07-19 02:23 PM
My employer has always provided me the receipt numbers. I'm talking about the physical receipt notice which I might need just in case i need to invoke AC21.
I am sure you(we) can use Freedom of information act to get reciepts. If you know that reciepts were issued and your employer is hiding
I am sure you(we) can use Freedom of information act to get reciepts. If you know that reciepts were issued and your employer is hiding
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Jai_MD
11-21 05:12 PM
Bigboy please gets your facts corrected: and read the definition of GC through Job posted at USCIS website below:
"If you want to apply for a green card (permanent residence) based on the fact that you have a permanent employment opportunity in the United States, or if you are an employer that wants to sponsor someone for a green card based on permanent employment in the United States, you must go through the following processes"
We all know how permanent jobs are here :) It's just the way the immigration law has interpreted it.
His point was more in support to legal-Skilled immigrants that create value for US of A ;)
"If you want to apply for a green card (permanent residence) based on the fact that you have a permanent employment opportunity in the United States, or if you are an employer that wants to sponsor someone for a green card based on permanent employment in the United States, you must go through the following processes"
We all know how permanent jobs are here :) It's just the way the immigration law has interpreted it.
His point was more in support to legal-Skilled immigrants that create value for US of A ;)
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kavita
01-07 07:36 PM
I live in Chicago and would like to join..
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ash0210
08-26 03:42 PM
I have EAD for couple of years & when I moved to Ohio, I was issued 4 years DL. They did look at I-94 (I travelled on AP having one year validaty on I-94), also they DID NOT looked at my EAD expiry date..They asked very simple question - Do you have your SSN? Thats it..!
C'mon...Guys, come to Ohio..you will get DL for 4 years..
C'mon...Guys, come to Ohio..you will get DL for 4 years..
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gpr
06-07 11:39 AM
I am in the same boat. Sent my application for EAD and AP renewals on 06/01. Received at phoenix lock box on 06/03. No updates yet. My EAD is expiring in the last week of july.
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amitjoey
05-22 03:04 PM
Everybody should use this template to e-mail the reporters and Senators. Its point blank and thought provoking.
I exactly did that, sent this in an email to senators my state.
Subject: How can I become illegal?. I am tired of being legal.
I exactly did that, sent this in an email to senators my state.
Subject: How can I become illegal?. I am tired of being legal.
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addsf345
11-05 12:25 PM
wheather you use AC21 or not, please support fight against AC21 cases getting denied.
Please send letters. For reference,
check out http://immigrationvoice.org/forum/showthread.php?t=22182
"RED or GREEN" dots don't bother me, so save yourself some and instead divert the energy towards sending letters.
Thank you for your support.
GCCovet
This is a good suggestion. I am in the same boat and will do this by weekend for sure.
Meanwhile, if anyone has suggestions or want to share experience with particular attorney, please help. I need to contact a good attorney by tomorrow. If anyone can share the experience, deeply appreciate your help. Thanks
Please send letters. For reference,
check out http://immigrationvoice.org/forum/showthread.php?t=22182
"RED or GREEN" dots don't bother me, so save yourself some and instead divert the energy towards sending letters.
Thank you for your support.
GCCovet
This is a good suggestion. I am in the same boat and will do this by weekend for sure.
Meanwhile, if anyone has suggestions or want to share experience with particular attorney, please help. I need to contact a good attorney by tomorrow. If anyone can share the experience, deeply appreciate your help. Thanks
more...
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speddi
10-19 11:01 AM
According to my attorney, your PD need not be current to do the interfiling.
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485Mbe4001
03-07 01:24 AM
Based on the text, looks like its all about the illegals...sorry the undocumented. :confused:i guess we just find a way to become 'undocumented' to serve our purpose.
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anilsal
12-01 06:53 PM
Babu, thanks for confirming that this stupid rule is in fact true. I always wonder how USCIS gets crafty in making new rules.
It will be easier to just get the stamping done in INDIA. That way, will get stamp till 2010.
It will be easier to just get the stamping done in INDIA. That way, will get stamp till 2010.
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telekinesis
05-16 04:19 PM
Sounds good. I have work so it will have to be a medium time frame for me also.
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optimystic
02-21 01:25 PM
With the new rule on FBI name checks, a potential 47K with current PDs could get their GS's soon. I wonder how much of a shift we will see in the PD's from now, after the 47K is not taken into account. I would predict a minimum of atleast a year jump, or am I being optimistic. :confused:
Some one pointed out in another thread, that the USCIS FAQ mentioned that only a 'subset' of the potential 47k cases have namecheck pending for more than 180 days. So may be not all of the 47k cases (even those with current PDs) may be eligible to qualify under 180 day FBI namecheck auto approval rule. Thus not all 47k cases will be approved by the mid March deadline that USCIS mentioned.
Some one pointed out in another thread, that the USCIS FAQ mentioned that only a 'subset' of the potential 47k cases have namecheck pending for more than 180 days. So may be not all of the 47k cases (even those with current PDs) may be eligible to qualify under 180 day FBI namecheck auto approval rule. Thus not all 47k cases will be approved by the mid March deadline that USCIS mentioned.
go_guy123
05-26 11:03 PM
Dude, what are you talking about :confused::confused::confused: Am I missing any comedy here?
No, just years of EB backlog are taking a toll on his health and mind.
No, just years of EB backlog are taking a toll on his health and mind.
gimme_GC2006
04-09 09:49 PM
Hello Everyone,
Hi I am a student in United States and I was on Optional Practical Training from Jan 2008 to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.
In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.
As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.
I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.
We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.
And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.
After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.
Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.
I want to get out of the contract and work with the vendor if Possible.
Please explain me how can I tackle this problem?
I would be really very very thankful to you.
Thanks,
Uday
Dont worry he cannot do anything..all these scumbags, low-lifes and ponzi holes cannot do anything..
Trust me ..I have been there
Did you communicate to him emails ? do you have a proof of what all he said in emails?
Tell him that you will write to DHS, USCIS and all American consulates in India/US/Canada..that will be end of H1B approvals for him..
btw what's the company? dont be afraid of anything
Hi I am a student in United States and I was on Optional Practical Training from Jan 2008 to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.
In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.
As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.
I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.
We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.
And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.
After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.
Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.
I want to get out of the contract and work with the vendor if Possible.
Please explain me how can I tackle this problem?
I would be really very very thankful to you.
Thanks,
Uday
Dont worry he cannot do anything..all these scumbags, low-lifes and ponzi holes cannot do anything..
Trust me ..I have been there
Did you communicate to him emails ? do you have a proof of what all he said in emails?
Tell him that you will write to DHS, USCIS and all American consulates in India/US/Canada..that will be end of H1B approvals for him..
btw what's the company? dont be afraid of anything
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