abcdefgh
12-14 03:57 PM
I, personally, do not know anyone who lives in Canada and is complaning about jobs. Every beginning is difficult but for us who come to Canada from the US, I do not think the beginning would be difficult at all. Even with their famous Canadian exp only requirements....
Also, when you guys weigh in job prospects in Canada in comparison to being on H1 in the US, do you consider that your spouses would have a fair chance to at least re-start their careers or start their new careers, or do you think / know that your spouses will actually continue to stay at home?
In that case there is no difference between staying here or going there, right?
Agreed. In addition, you don't have sword of VISA status hanging on you every morning when yuo wake up.
I can not convince my self about one would not get job forever. Few of my friends struggled for jobs for about six to ten months but then they actually got good jobs and that is even in industrail engineering area with indian experience.
Also, when you guys weigh in job prospects in Canada in comparison to being on H1 in the US, do you consider that your spouses would have a fair chance to at least re-start their careers or start their new careers, or do you think / know that your spouses will actually continue to stay at home?
In that case there is no difference between staying here or going there, right?
Agreed. In addition, you don't have sword of VISA status hanging on you every morning when yuo wake up.
I can not convince my self about one would not get job forever. Few of my friends struggled for jobs for about six to ten months but then they actually got good jobs and that is even in industrail engineering area with indian experience.
wallpaper England middot; London
LoungeActx
12-31 04:41 PM
all i have to say is: wow. both are great....but damn soul...awesome
ras
05-22 06:09 PM
I just talked to an attorney. He said that if there is a long gap, your H1 may be approved but with out extension of stay (no I-94) and that I may have to go for visa stampling in the consulate in India. As I already have 1.5 years on h1, I was told that it doesn't go thru the cap. some one mentioned in the thread, that once you use EAD, and if u were to get H1 it would be under cap. I am not sure which one is correct.
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ragz4u
02-27 10:01 AM
He says he is 60 years old today and was a software engineer. There was hardly any software 40 years ago! Plus what about telephone! How many folks had telephone in India 35 years ago!
And a little too melodramatic too. Our lives are not as bad as he portrays it to be!
And a little too melodramatic too. Our lives are not as bad as he portrays it to be!
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greenrohit
03-31 09:20 PM
Done
saketkapur
12-07 12:16 PM
So you apply about 4 months in advance? Are you then not losing about 3 months of your previous validity due to this practice?
not sure what you mean.
If your new validity date starts before the current one expires then yes you might lose the time depending on how fast your EAD was approved.
In my experience there has been no consistency in the issuance of the validity date in the past. I have received cards where the new validity date has been the day after my current EAD expired thereby me not losing any time and there have been times when I have lost time due to new validity date being prior to my current one expiring.
As per USCIS rules you can apply for renewal 120 days before your current one expires and not before that. Remember you can also apply for renewal a day before or even after expiry, its just that you cannot work as long as you do not have a valid EAD(or other work permit like H1B, L1 etc).
So as long as you are not at the risk of losing your job due to no EAD in hand I guess you can apply anytime once your 120 day window kicks in.
PS:Above is just my understanding of the system and should not be taken as legal advise. For any clarifications please consult your attorney.
not sure what you mean.
If your new validity date starts before the current one expires then yes you might lose the time depending on how fast your EAD was approved.
In my experience there has been no consistency in the issuance of the validity date in the past. I have received cards where the new validity date has been the day after my current EAD expired thereby me not losing any time and there have been times when I have lost time due to new validity date being prior to my current one expiring.
As per USCIS rules you can apply for renewal 120 days before your current one expires and not before that. Remember you can also apply for renewal a day before or even after expiry, its just that you cannot work as long as you do not have a valid EAD(or other work permit like H1B, L1 etc).
So as long as you are not at the risk of losing your job due to no EAD in hand I guess you can apply anytime once your 120 day window kicks in.
PS:Above is just my understanding of the system and should not be taken as legal advise. For any clarifications please consult your attorney.
more...
ash_2005
09-25 02:25 AM
Had applied on July 19th , receipt date of July 20th.
I never received any receipt notice and today I received transfer notice
WAC....
Receipt date Sep 14th 2007
Notice Date Sep 17th 2007.
Does it mean I lost the original receipt date of July 20th which should have been ideally my receipt date.
I have a similar issue. Although my app reached on July 2, 2007, the "receipt date" on my notice shows "Aug 3, 2007" and the notice date shows "Sep 12, 2007". So, in my case too, they've not honored my original receipt date. Did you manage to get your's corrected on the receipt notice, or not worth the time/effort?
Appreciate your inputs.
I never received any receipt notice and today I received transfer notice
WAC....
Receipt date Sep 14th 2007
Notice Date Sep 17th 2007.
Does it mean I lost the original receipt date of July 20th which should have been ideally my receipt date.
I have a similar issue. Although my app reached on July 2, 2007, the "receipt date" on my notice shows "Aug 3, 2007" and the notice date shows "Sep 12, 2007". So, in my case too, they've not honored my original receipt date. Did you manage to get your's corrected on the receipt notice, or not worth the time/effort?
Appreciate your inputs.
2010 London, England.
Steve Mitchell
February 4th, 2004, 08:48 PM
But Pope I thought 4 MP is all PJ's want ;)
Actual daily press and wire service photographers will undoubtly use 4mp. You may not be aware, but all the goreous 2 column color shots you see on USA Today etc. are printed from files that are usually 700k - 800k. There are heavily compressed for transmitting. All the wires do that. They don't get full files. The most attractive things to me are the high ISO performance, the ability to customize colorspace amd I'm anxious to test the new autofocus capabilities. The 8 mp is a plus for shooting for a mag or other output. Even at that, I've had 1D shots as a glossey mag color that looked great. One advantage higher megapixels give a sportshooter is for sports like football. Due to the size of the field, the ability to crop more gives you more field coverage. But then the question is will you have enough time to work with files that are twice the size. I'm sure that's why Canon listened and gave us 4 MP as an option.
Actual daily press and wire service photographers will undoubtly use 4mp. You may not be aware, but all the goreous 2 column color shots you see on USA Today etc. are printed from files that are usually 700k - 800k. There are heavily compressed for transmitting. All the wires do that. They don't get full files. The most attractive things to me are the high ISO performance, the ability to customize colorspace amd I'm anxious to test the new autofocus capabilities. The 8 mp is a plus for shooting for a mag or other output. Even at that, I've had 1D shots as a glossey mag color that looked great. One advantage higher megapixels give a sportshooter is for sports like football. Due to the size of the field, the ability to crop more gives you more field coverage. But then the question is will you have enough time to work with files that are twice the size. I'm sure that's why Canon listened and gave us 4 MP as an option.
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ivar
06-28 01:29 PM
Thanks everyone for all the information you guys provided. I successfully ported my Priority date.
hair Royal Flag
Better_Days
03-24 08:51 PM
Someone I know is looking for an experience resource in Oracle eBiz. Experience with HR or Financial Module will be good.
Position is in the Los Angeles county area and the contract will be for 1 year with possible extensions.
Sorry guys, this one requires an EAD. A corp-to-corp will not work, you need to become a W-2 employee. You can PM your email adddress to me.
Position is in the Los Angeles county area and the contract will be for 1 year with possible extensions.
Sorry guys, this one requires an EAD. A corp-to-corp will not work, you need to become a W-2 employee. You can PM your email adddress to me.
more...
sayonara
11-26 11:35 AM
In our case, the primary applicant has received FP but the dependent has not yet received, has this happened to anyone?
I called Customer Service and now they ask that we wait 180 days from the time the case is transferred to NSC before enquiring about it !
I called Customer Service and now they ask that we wait 180 days from the time the case is transferred to NSC before enquiring about it !
hot Palace in London,England
felix31
01-22 11:46 PM
Lets say her H4 expires on Apr 10th 07. If her I 129 application is filed on Apr 1st, Do you think her I 129 is considered to be ok? Again, USCIS wont be able to generate a receipt notice with in 10 days and assuming that the receipt notice will be generated after Apr 10th, what kind of impact will it have as her H4 would have expired by Apr 10 th? It looks like the bi specialization program is causing more delays because the cases need to be transferred from VSC to CSC. As Andy pointed out, there is no guarentee service for H4 approval with PP.
Yeah Andy is right,
no guarantees that her H4 will be processed under PP as well. Here is our experience. We did hubby's H1 extension under premium three times in the past. First 2 times both approvals came in 2 weeks. Everyone was happy.
Last year, his h1 under PP came in 2 weeks as clockwork and my H4 case got separated and was processed in about 5 months. I also had RFE and they wanted to see hubby's H1 they approved under PP. :mad:
I felt awful after that, :( just waisted my time and $$$ .
So, I think we may specualte that since there is PP available for H4s (recent phenomenon), we may see more cases where they would process only H1 under premium and H4 as standard.
But, folks, $$$ amount only goes up. You will shed 2K for your extensions under PP and then process her H4-to-H1, additional couple of thousands..
Don't know what to tell you really...
Yeah Andy is right,
no guarantees that her H4 will be processed under PP as well. Here is our experience. We did hubby's H1 extension under premium three times in the past. First 2 times both approvals came in 2 weeks. Everyone was happy.
Last year, his h1 under PP came in 2 weeks as clockwork and my H4 case got separated and was processed in about 5 months. I also had RFE and they wanted to see hubby's H1 they approved under PP. :mad:
I felt awful after that, :( just waisted my time and $$$ .
So, I think we may specualte that since there is PP available for H4s (recent phenomenon), we may see more cases where they would process only H1 under premium and H4 as standard.
But, folks, $$$ amount only goes up. You will shed 2K for your extensions under PP and then process her H4-to-H1, additional couple of thousands..
Don't know what to tell you really...
more...
house +abbey+london+england
vlad0002
01-25 04:22 PM
Hi all,
I don't believe having I-140 filed by a company constitutes a violation of beneficiary's non-immigrant status.
To be eligible for the student status, among other things, you must demonstrate non-immigrational intent, that's true. When applying for a visa and going through immigration control at the port of entry, the burden of proof is on you. Therefore, the chances of getting F1 visa or being admitted on F1 status with I-140 filed are very slim. Nobody will believe you are entrying to study and go back when you have approved labour and I-140 pending (or even approved). Once you inside the country, however, INS have the burden of proof in the status violation cases. And for them to proove in a court of law that you violated your status by changing your intention to go back would be impossible without some sort of open confession and signed affadevit from you. So, don't worry about it.
Person's intentions change over time, there's nothing wrong with it. Peolple file adjustment od status applications all the time: B1 to F1, F1 to H1B, etc. Filing I-485 from student status, or from any status, should not be a problem in itself either, as that is precicely what you are declaring by this application: "My intention changed, I don't want to go back anymore, please adjust my status to Permanent resident".
There is a potential problem here, though. If you apply for a position and initiate LC process shortly after you entered the country on non-immigrant visa, you might be giving INS in future a reason to suspect that you were not truthful on your original non-immigrant visa application, and your "real" intention was not study but work in the USA. That's where there could be trouble, as if they are sucsessful in prooving this, it could lead to deportation and lifetime ban. Per my lawer, the safe time to wait before initiating any status changing process is one year.
My personal situation: I was on F1 visa for 6 years before I started LC process with a company for a totally unrelated to my field of studies position (EB3). We had PERM approved and filed I-140, with me still on F1. I-140 was approved and now we are stuck in retrogression. Meanwhile, and after I-140 was approved, I graduated and applied for H1B based on my major. I have disclosed on H1B application that I have I-140 approved from another company and attached a copy. Not a question asked. H1B was approved within 9 days (cap exempt). And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.
Anyway, sorry for the long post. I hope this helps.
I don't believe having I-140 filed by a company constitutes a violation of beneficiary's non-immigrant status.
To be eligible for the student status, among other things, you must demonstrate non-immigrational intent, that's true. When applying for a visa and going through immigration control at the port of entry, the burden of proof is on you. Therefore, the chances of getting F1 visa or being admitted on F1 status with I-140 filed are very slim. Nobody will believe you are entrying to study and go back when you have approved labour and I-140 pending (or even approved). Once you inside the country, however, INS have the burden of proof in the status violation cases. And for them to proove in a court of law that you violated your status by changing your intention to go back would be impossible without some sort of open confession and signed affadevit from you. So, don't worry about it.
Person's intentions change over time, there's nothing wrong with it. Peolple file adjustment od status applications all the time: B1 to F1, F1 to H1B, etc. Filing I-485 from student status, or from any status, should not be a problem in itself either, as that is precicely what you are declaring by this application: "My intention changed, I don't want to go back anymore, please adjust my status to Permanent resident".
There is a potential problem here, though. If you apply for a position and initiate LC process shortly after you entered the country on non-immigrant visa, you might be giving INS in future a reason to suspect that you were not truthful on your original non-immigrant visa application, and your "real" intention was not study but work in the USA. That's where there could be trouble, as if they are sucsessful in prooving this, it could lead to deportation and lifetime ban. Per my lawer, the safe time to wait before initiating any status changing process is one year.
My personal situation: I was on F1 visa for 6 years before I started LC process with a company for a totally unrelated to my field of studies position (EB3). We had PERM approved and filed I-140, with me still on F1. I-140 was approved and now we are stuck in retrogression. Meanwhile, and after I-140 was approved, I graduated and applied for H1B based on my major. I have disclosed on H1B application that I have I-140 approved from another company and attached a copy. Not a question asked. H1B was approved within 9 days (cap exempt). And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.
Anyway, sorry for the long post. I hope this helps.
tattoo of england flag history
sid
04-02 02:40 PM
Watzgc,
Did your employer get a new LCA for the CA project when you changed projects? ... just one more thing to check before you send in the RFE response with new contract.
Did your employer get a new LCA for the CA project when you changed projects? ... just one more thing to check before you send in the RFE response with new contract.
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pictures About london millennium
sanju_dba
03-02 09:41 AM
do you have rights to operate your parents account - if yes, then you need to report . further, you would report only if and only if that account had > 10k USD at any given day.
dresses 2008 in London England.
hetuweb
08-23 08:47 PM
Yes Buddy, Everyone Will Get Fp Notices.:)
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telekinesis
12-31 01:29 AM
Me and lost decided to get owned in at least one battle, expect some ownage from us next time! :evil:
girlfriend Rainbow flag, Soho, London,
venkygct
05-28 11:20 AM
e-filed on 19th April and got the confirmation receipt by post on 23nd April. After that no updates. Anyone facing this issue?
hairstyles Union Jack Flag, Regent Street
jung.lee
03-03 01:22 PM
Thanks for responding to my post.
The Forum post on the link says that its not necessary to have the same or similar job description when working on EAD. What will happen when I ask for EAD renewal?
Also, what will happen when my Priority date becomes current? Will I be able to get a GC thru this I-485 since I have left the employer who filed my GC?
I should clarify that is "better" to have same or similar job when you are on EAD so that you labor certification-based green card application has a good standing if it is challenged at any point by the USCIS - it is a safe bet if you have a similar job. When I say it is not a necessary condition - it means that you can get any job you like, since there is nothing noted on the EAD application like it is on H1-B (with specific wage and job descrition) and if there is a challenge to your application by the USCIS, your attorney might be able to find reasons to justify why you are not in a same or similar job.
Again, to reiterate, as far as I remember, EAD renewal does not ask for job description. It is a simple application to issue an new card.
Since your I-140 has been approved for more than 6 months, you are within your legal portability rights (so called AC-21 clause) to switch employers without jeopardizing your pending adjustment of status "AOS" I-485.
My understanding is that one of two things might happen- either you will get an RFE or not. RFE can be triggered by many factors including notification from your previous employer to USCIS revoking the H1-B or other issues, including simple things like address changes. You can either provide AC-21 letter from your new employer when you get the RFE or do it proactively - listen to your attorney's advice on this.
If no RFE and priority date is current, you should get your GC as if nothing else happened. If priority date is current and at the time of GC adjudication there is an RFE, your attorney should be able to help you respond.
Don't sweat things too much - a lot of people have experienced life after the protective umbrella of H1-B and it is much nicer out here in the sun :)
Just get a good attorney to represent you personally in case your new emplyer does not have an immigration attorney on retainer for other immigrant employees.
The Forum post on the link says that its not necessary to have the same or similar job description when working on EAD. What will happen when I ask for EAD renewal?
Also, what will happen when my Priority date becomes current? Will I be able to get a GC thru this I-485 since I have left the employer who filed my GC?
I should clarify that is "better" to have same or similar job when you are on EAD so that you labor certification-based green card application has a good standing if it is challenged at any point by the USCIS - it is a safe bet if you have a similar job. When I say it is not a necessary condition - it means that you can get any job you like, since there is nothing noted on the EAD application like it is on H1-B (with specific wage and job descrition) and if there is a challenge to your application by the USCIS, your attorney might be able to find reasons to justify why you are not in a same or similar job.
Again, to reiterate, as far as I remember, EAD renewal does not ask for job description. It is a simple application to issue an new card.
Since your I-140 has been approved for more than 6 months, you are within your legal portability rights (so called AC-21 clause) to switch employers without jeopardizing your pending adjustment of status "AOS" I-485.
My understanding is that one of two things might happen- either you will get an RFE or not. RFE can be triggered by many factors including notification from your previous employer to USCIS revoking the H1-B or other issues, including simple things like address changes. You can either provide AC-21 letter from your new employer when you get the RFE or do it proactively - listen to your attorney's advice on this.
If no RFE and priority date is current, you should get your GC as if nothing else happened. If priority date is current and at the time of GC adjudication there is an RFE, your attorney should be able to help you respond.
Don't sweat things too much - a lot of people have experienced life after the protective umbrella of H1-B and it is much nicer out here in the sun :)
Just get a good attorney to represent you personally in case your new emplyer does not have an immigration attorney on retainer for other immigrant employees.
mambarg
09-16 01:43 PM
EAD and AP is good, but we need to see FP notice which shows 485 has started processing.
We really cannot use EAD for 6 months to change job, so there was no hurry to mail EAD/AP.
Anyone got FP notice ? Will it come from NSC or CSC.
Most likely NSC as FP starts when processing starts.
EAD/AP are seperate from 485 process as per the operating procedure.
We really cannot use EAD for 6 months to change job, so there was no hurry to mail EAD/AP.
Anyone got FP notice ? Will it come from NSC or CSC.
Most likely NSC as FP starts when processing starts.
EAD/AP are seperate from 485 process as per the operating procedure.
vivsimmi
12-05 12:25 AM
Hi GCNirvana,
I found one of your earlier posts on this forum suggesting that 3 years back you were in the same situation as I am today - expired VISA and two extension approvals (797's). In my case, VISA expired in oct 09, current 797 expires 31 dec 09 and next (against I-140) starts jan 2010.
As your's was the only post i found on this topic, it will help me a great deal if you could let me know about your stamping experience. You mentioned that your stamp showed validity dates from both 797's, could you please share some more details on that? Did it have two start dates and end dates?
Besides, from another one of your posts, i gathered that it is best that i come back into the us only when my newer 797 is already active. i guess it wud reduce complications at POE. Would appreciate if you could give me some suggestions here too.
Well, i can already thank you for your posts as i really struggled to find information relevant to my case before i came across your posts.
Thanks.
---------------------------------------------------------------------------------------
Visa Stamp in Passport: 13-Jan-2007 (I94 in passport expires on 1/13/07)
Current I-797 : From 02/24/2006 to 04-Jun-2007
3-Year extension based on I-140 from: 05-Jun-2007 to 04-Jun-2010
In this scenario, if I goto India, say in Feb, get my visa stamping done, what will be the validity of my visa in the passport?
1. 05-Jun-2007 to 04-Jun-2010 as stated in my 3-yr extension or
2. the date I went for interview till 04-Jun-2010??
If its the former, then how can I get into US during March '07 as there will be a gap in my visa dates in the passport?
I will send the same questions to my attorney but would like to know before hand, just in case, if my attorney tries to act smart :(
Thanks in advance for your responses...
I found one of your earlier posts on this forum suggesting that 3 years back you were in the same situation as I am today - expired VISA and two extension approvals (797's). In my case, VISA expired in oct 09, current 797 expires 31 dec 09 and next (against I-140) starts jan 2010.
As your's was the only post i found on this topic, it will help me a great deal if you could let me know about your stamping experience. You mentioned that your stamp showed validity dates from both 797's, could you please share some more details on that? Did it have two start dates and end dates?
Besides, from another one of your posts, i gathered that it is best that i come back into the us only when my newer 797 is already active. i guess it wud reduce complications at POE. Would appreciate if you could give me some suggestions here too.
Well, i can already thank you for your posts as i really struggled to find information relevant to my case before i came across your posts.
Thanks.
---------------------------------------------------------------------------------------
Visa Stamp in Passport: 13-Jan-2007 (I94 in passport expires on 1/13/07)
Current I-797 : From 02/24/2006 to 04-Jun-2007
3-Year extension based on I-140 from: 05-Jun-2007 to 04-Jun-2010
In this scenario, if I goto India, say in Feb, get my visa stamping done, what will be the validity of my visa in the passport?
1. 05-Jun-2007 to 04-Jun-2010 as stated in my 3-yr extension or
2. the date I went for interview till 04-Jun-2010??
If its the former, then how can I get into US during March '07 as there will be a gap in my visa dates in the passport?
I will send the same questions to my attorney but would like to know before hand, just in case, if my attorney tries to act smart :(
Thanks in advance for your responses...
