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desi485

10-11 01:52 PM

fortunately I haven't used EAD. In fact neither my spouse has. But we were about to use spouse EAD when we sniffed this possibilty. This is the reason I am asking if any one has any insight to share. Title of the thread is little misleading but unble to change it now. this is a IF THEN condition as if now. aplogise for the same. However I am sure so many families getting EAD, so many ppl will be concerned about this. This might be real for some one of us.

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DDD

11-23 03:49 PM

why does your medal say #7.....heehee

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number30

06-19 01:30 PM

Hello All,
I am contacting you regarding an Inquiry of
" H1B Approved without I-94 and to appeal for I-290B.

I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.

Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
So i don't fall under New H1 Quota, i.e H1CAP
keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.

On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.

On May 21st 2009, i received a letter from USCIS
saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.

Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\

Please advice me what should i do.
If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.

Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
Third Query is should i apply for a new H1 and continue working.

Please advice me on this issue.
Hoping to hear from you Soon.
Thanks a lot for your help,

You can start working immediately after filing H1, only if you are doing H1 transfer. Here you are doing Change of Status from H4 to H1. So you are NOT allowed to work immediately after filing. GO out of US as soon as possible. Filing 290B may not help you much. You have to come back with new stamping.

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ksircar

11-30 12:39 PM

Can someone please advice which immigration documents (apart from Passport and AP) should I carry to re-enter US using AP?

Please share your experience.

Thanks in advance.

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maddipati1

08-03 07:36 PM

ask ur attorney what if u wont get EAD approved by Jan'08

may be ur attorney thinks u will get EAD before Jan'08.
ask him what if u won't get EAD, with this mad # of EAD filings this month.

may be he is too busy with 485 filings. ask him if he will file after Aug17th

im in the same boat except my H1 is until Sep'07. my attorney is preparing to file 3 yr xtn.


S

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gc2

03-08 08:36 AM

i guess you would need to share specifics with a reputed attorney to identify what went wrong in your brother's case. on this forum, there is limited help for a case like yours that requires professional handling.

perhaps someone who has had similar experience can throw light on this situation. wishing you best.

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morchu

04-29 09:45 AM

Your question 1 & 2 is the same.And you already know the answer.
YES. You can work for another employer temporarily for 3 months, and keep your "permanent employment offer". No need to inform USCIS except when they ask specifically.

Answer to question 3 is that USCIS is pre-adjudicating maximum cases, so that DOS can take educated guesses in moving the visa bulletin dates (instead of "blind" moves till now). Also USCIS is committed to reducing the overall processing time of 485 (if visa is available).
Thanks Krupa for your reply.

Could any one please clarify on below points.I hope this posting will also help other new members who got their EAD

1.Can I take an offer with a consulting firm for suppose 3 months con_w2 ?This firms will give me offer letter stating that I will work with them for only 3 months.I cannot file AC 21 since it is temporary employment.In my case since my original employer is intended to hire me permanently once GC is approved and supporting the GC process for this RFE Can I take this contract employment with out filing AC 21? As such I don't see any point in filing AC 21 in my case even if I find full time employment with the end client since my original employer is ready to hire me once GC is approved as GC is for future employment.Please clarify me on this.

2.I'm trying to avoid AC 21 as the job title and duties should be same or similar.In my case my LCA says that job title: Software Engineer Job duties says I work as Oracle CRM Functional. salary $90k

As per my expertise: I can work in Oracle apps manufacturing,Finance,supply chain,CRM,

Business Analyst:Finance,Health care,ERP,Insurance

QA Analyst: Functional QA (ERP or any other applications)
SAP QA,People soft QA,Oracle apps QA etc


All the above jobs are paid average $110k(Minimum 90k)

My question is suppose If I take a job as a QA Engineer to test an ERP product.Then definitely it will not fall in my LCA job title or duties.But to perform this job definitely I need to have strong ERP Back ground.It will become very hard to prove since my LCA duties says I work as Oracle CRM Functional(only one particular domain).So to avoid trouble I just want to respond this RFE with my original employer offer letter stating he is still intended to hire me once GC is approved.So that I can work in the above stated areas with different firms.Please clarify me on this

3.I heard so many people are receiving the RFE on I 485.Is it normal practice or USCIS is trying to adjudicate as many cases as possible by the end of september.Any guess?

Thanks for reading my post.Any inputs will be appreciated

Thanks
h12gc

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wandmaker

02-24 12:22 AM

Case reopened or reconsidered based on USCIS determination, and the case is now pendiDid anyone see this kind of status on their approved H1b application?

Please share your views.

The approved H1B case status will change to this status only when (1) the employer requests to withdraw/cancel the H1B petition or (2) USCIS reopened the case due to fraud or misrepresentation. In your case, your employer must have notifed USCIS.

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mytv

09-01 09:32 PM

Thank You

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sidd_k2002

03-24 09:00 PM

Friends any more suggestions regarding my problem here. Plese share ur knowledge.

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Karthikthiru

06-15 10:00 AM

I have enrolled in reccuring contribution and will be contributing after EAD card also

Thanks

Karthik

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GC_Applicant

04-09 09:38 PM

So what is the roler of a broker/ real estate agent for a buyer.

If I choose to deal directly with the seller, what are the things I need to do myself and can you explain the "attorney" part that you mentioned.

Thanks

and the seller basically prices it into the sale price... which why when buying next time .. i would ask to deal with the seller directly.. get an attorney to do the paperwork and diligence for $600 and ask the seller to keep 1% and give me a 5% discount.lil leg work and you save like 25k on 500k house.

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mariner5555

05-24 10:17 PM

Hi Gurus...


I am one of the July 2007 EAD filers and did not file for AP at that time.

So I am in the process of the renewing EAD & Applying for AP for the first time.

I have couple of questions..
http://immigrationvoice.org/forum/images/icons/icon8.gif
Angry
do you get Finger Printing for EAD Renewal ?

do you get Finger Printing / Biometrics for first time applying of AP [Advance Parole]

Your help is much appreciated
this is my experience - I efiled for myself for EAD only (no AP applied so far - we had been to India recently) and I got a FP notice. for my wife, I sent my postal mail and she didnt get any FP notice -- we already recd her EAD card (in roughly 25 - 30 days).
I had efiled mine few days before her and so
far nothing - only soft LUD's.
and yes ..EAD was renewed for only one year ..so I guess USCIS still treats this as a cash cow !!!
http://immigrationvoice.org/forum/images/icons/icon8.gif
Angry

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SherazKhan

11-16 08:19 PM

Hi Mena,
I have the same status online, except date is Nov14, did you recieved any mail so far, if yes can you please tell what is that USCIS is looking for.
Thanks.

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mmanurker

10-20 12:25 PM

Filed in March'07 @ NSC and still pending...only one soft LUD since then...

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02-16 01:41 PM

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chanduv23

03-08 08:48 PM

Wow,

at first glance it seems 245(i) is kicking in real hard.

Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,

Compare this with H1-B data and you'll see what I mean.

Also EB-1 seems unusually high at ~37,000
EB-1 is even higher than EB-2

isn't that unusual?

Maybe the numbers were high as they spilled over, but that does not explain why eb2 and eb3, where they must be equal.

It if definitely interesting to note that eb1 India has so much demand.

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04-28 10:00 AM

Business groups, which have clashed with Democrats over everything from health care to Wall Street reform, have been working quietly with Congressional leaders and another one of their typical opponents � unions � to seek an immigration overhaul, says Benneth Roth

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Blog Feeds

02-10 08:50 PM

Most lawyers that are versed in the H1B visa process, are getting busier and busier these days. As we are nearing the April 1, 2010 filing deadline for the H1B visa. Many speculations out there as to when will the Cap be reached this year. The economy is still in recovery mode, and employers are careful before hiring. Yet, many Immigration experts feel the Cap will be met early this year, but when is the big question.

With drastic changes to the Labor Condition Application (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)process (now taking more than 7 days to process), as well as unreasonable denials (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html), planning early is the key to a successful H1B case this year. But in this post, I want to go back to the basics, the Cap and the legislative background.

Background

On October 21, 1998 Congress passed, and the President signed into law, the much debated American Competitiveness and Workforce Improvement Act of 1998, Pub. L. No. 105-277 (hereinafter ACWIA). This legislation was first introduced by Senator Spencer Abraham (R-MI), the Chairman of the Senate Subcommittee on Immigration, in response to the inadequate numbers of H-1B visas available in any fiscal year. As part of the Immigration Act of 1990, Congress imposed a 65,000 per year cap on these visas. In 1997, the cap was reached prior to the end of the fiscal year. The situation grew to crisis proportions in fiscal year 1998 when all 65,000 visas numbers were taken in May of 1998.

In early March 1998, Senator Abraham introduced a bill entitled, "The American Competitiveness Act." The legislation was introduced on the heels of numerous reports and hearings concerning the high tech worker shortage in the United States. The primary goal of the legislation was to address the looming exhaustion of the H-1B professional or specialty occupation worker visa numbers. (http://www.h1b.biz/lawyer-attorney-1137085.html)

The ACWIA went through many different stages before an agreement could be reached. A complete elimination of the cap had originally been proposed by Senator Abraham. The legislation was then modified to increase the number of H-1B visa numbers available during the government fiscal year; provide additional funds for scholarships in the computer science and mathematics areas; increase enforcement of the Department of Labor component of the H-1B visa process; and provide clarification on the prevailing wage requirements of the process. The legislation also addressed permanent residence by providing for an extension of the H-1B visa should a permanent residence petition be pending, and through restructuring the allocation of the employment-based immigrant visa numbers.

This legislative game between conservative isolationists/liberal protectors of the U.S. workforce and moderate Democrats and Republicans supporting business needs and demands, caused chaos among U.S.-based businesses in need of skilled professional workers. From May 11, 1998 until October 1, 1998 U.S. businesses, research institutions and other organizations were unable to recruit foreign workers as temporary professionals. With the U.S. economy still booming and unemployment rates remaining at an all-time low, businesses, especially in the high tech sector, encountered many problems as a result of the cut-off in H-1B visa availability. These problems included, but were not limited to, taking employees off the U.S. payroll, sending employees back to their home country or to sites outside the U.S. as well as the termination of some critical development projects.

Requirements in the Statute

The ACWIA purportedly balances the need for increased professional visas numbers for foreign workers and the desire to protect the U.S. workforce. The following is a summary of the significant changes made by the legislation.
A. Temporary Increase in the Number of Professional Visas Available

There will be an increase from 65,000 to 115,000 visas for fiscal year 1999 and 2000 (through September 30, 2000). In fiscal year 2001, 107,500 visas will be available. Beginning October 1, 2001 the numbers will revert back to 65,000.
B. Electronic Postings

LCA notices may be posted electronically in situations without a bargaining representative. This provision was effective upon date of enactment.
C. Attestations Required for Employers Dependent Upon Foreign Professionals

U.S. employers of 51 or more employees, whose workforce is comprised of 15% or more foreign nationals in the H-1B category are considered dependent employers and must make certain attestations. Employers will also be considered dependent if they employ 26- 50 full time employees and have more than 12 H-1B employees or if they employ 7 -25 employees and have more than 7 H-1B employees.

The dependent employer must attest that it has not and will not displace a U.S. worker within 90 days before and 90 days after filing the visa application. This attestation carries through to employers who place employees at another worksite. The H-1B dependent employer must also attest that it has taken good faith steps to recruit U.S. workers using industry wide standards and has offered the position to any U.S. worker who is equally or better qualified for the job the foreign worker is sought.

H-1B employees with a Master�s degree or a salary of $60,000 or higher are not included in the attestation requirements and for the first 6 months following the implementation will not be included in the dependent employer calculation.
D. Increased Enforcement and Penalties for Violations

The Department of Labor may fine employers between $1,000-$35,000 per violation and preclude participation in the H-1B program for up to three years.
E. Back Benching H-1B Employees

Employers must pay H-1B nonimmigrants the wage stated on the H-1B petition even if the beneficiary is in nonproductive status. This does not apply to non-productive time due to non work related factors.
F. Benefits

Employers must offer foreign workers benefits and eligibility for insurance, disability, retirement and savings plans, stock options, etc., on the same basis as offerings made to U.S. workers.
G. Additional Fee for Use of H-1B Program

Beginning December 1, 1998, employers are required to pay an additional fee of $500 for an initial H-1B petition and for the first extension. These fees are to be used to support job training programs and scholarships for U.S. workers.
H. Prevailing Wage Computations

For institutions of higher education, related or affiliated non-profit entities or non profit or governmental research organizations, the prevailing wage shall take into account employees at such institutions in the area of employment.
I. Academic Honoraria

Payments of honoraria may now be made to B-1 and B-2 visitors for usual academic activity lasting 9 days at an academic institution or affiliated non-profit entity or a non-profit governmental research organization. No more than 5 honorarium may be received within a six month period.

Employers based in the U.S. now have a temporary reprieve when hiring foreign professionals. However, it is uncertain whether the 65,000 visas for this fiscal year will be adequate to meet the demand for this year and next. Some government officials estimate that visas will be unavailable as early as the beginning of May 2010. In addition, it is still unclear what is on the legislative horizon, reform or not. Pro Immigrants want to come with a proposal to reform legal immigration. U.S. employers employing foreign nationals in any capacity would be well advised to carefully monitor future legislative and regulatory proposals on the horizon. All I can say is that if you plan on hiring a foreign worker, you better call your lawyer now!!!




More... (http://www.visalawyerblog.com/2010/02/h1b_visa_lawyer_the_filing_sea.html)

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Desertfox

06-07 06:06 PM

I think its your LC job requirements which governs EB2/EB3. For EB2 classification on your I-140, your job must require 'Masters' or 'Bachelors+5Yrs Experience' on Labor Certification.

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09-06 04:50 AM

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