Winner
04-09 02:36 PM
Guys and Gals,
I heard this from immigrant coworkers in my company (Consulting company with 1000+ consultants in USA, 15000+ all over the world), I�m hearing that employees are forced to us EAD instead of renewing H1B visa. Funny part here is, they did not pay for filing I485, all expenses including medical were paid by the employee.
Now they say that they will reimburse EAD filing expense and trying to force employees to use EAD once H1B expires.
Questions:
Is this legal?
Is it a common practice?
Assuming it�s legal and employees have no other choice other than using EAD, I�ve couple more questions.
If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?
Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?
Thanks for your time.
I heard this from immigrant coworkers in my company (Consulting company with 1000+ consultants in USA, 15000+ all over the world), I�m hearing that employees are forced to us EAD instead of renewing H1B visa. Funny part here is, they did not pay for filing I485, all expenses including medical were paid by the employee.
Now they say that they will reimburse EAD filing expense and trying to force employees to use EAD once H1B expires.
Questions:
Is this legal?
Is it a common practice?
Assuming it�s legal and employees have no other choice other than using EAD, I�ve couple more questions.
If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?
Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?
Thanks for your time.
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eb3_nepa
05-03 11:07 AM
Most US citizens have NO clue about our plight. They literally have ZERO clue about our plight. What is worse is, people who came here thru family based immigration have an equal amount of lack of clue about this problem. Right now all the citizens see in us is the enemy (they take our jobs away), they have no idea what kinda stuff we have to go thru to "take their jobs away"!
EVERY open avenue should be explored. Just that b4 contacting anyone who we are not a 100% certain, discuss with the core members or on the forum.
EVERY open avenue should be explored. Just that b4 contacting anyone who we are not a 100% certain, discuss with the core members or on the forum.
fromnaija
10-09 11:52 AM
I initially volunteered to steer the Arizona chapter but my job schedule has changed so much and now involves a lot of in-country and overseas traveling. Would someone please lead this chapter? I will attend any of the chapter activities whenever I am in the country.
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ujjvalkoul
06-25 06:35 PM
It Has To Be A Desi Man!!
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eb3retro
04-12 10:16 PM
Do we really need to attach a copy of the front page of the passport for AP renewal, wouldn't a copy of the DL be sufficient enough?
vin13
01-08 11:06 AM
I returned back from India a few days ago. My experience was very similar to "LostInGCProcess". The only difference was that i had only 2 copies of AP. They kept one and gave me one.
So, it should not be a problem if you have 2 AP copies. Just make sure you come out of Immigration with 1 copy for your future travels.
They will not take the only copy you have if you make another trip out of the country before it expires.
You need just the AP and Passport. Please let the officer know that you are using AP. Or they will keep looking through your passport for a visa.
It is good to have supporting documents such as I-485 receipt, I-140 approval, recent paystubs, employment letter from your HR (stating you are still employed). As 'LostInGCProcess" said, please do not provide them until reqested
So, it should not be a problem if you have 2 AP copies. Just make sure you come out of Immigration with 1 copy for your future travels.
They will not take the only copy you have if you make another trip out of the country before it expires.
You need just the AP and Passport. Please let the officer know that you are using AP. Or they will keep looking through your passport for a visa.
It is good to have supporting documents such as I-485 receipt, I-140 approval, recent paystubs, employment letter from your HR (stating you are still employed). As 'LostInGCProcess" said, please do not provide them until reqested
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vin13
01-08 11:10 AM
LostInGC,
Why did you use AP if you had a valid H1-b?
Why did you use AP if you had a valid H1-b?
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VMH_GC
12-20 12:11 PM
I got my h1b visa stamping done recently. My labor and I-140 EB2 approved, did not take any labor approval and I-140 papers.
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Pasquale
01-20 05:49 AM
Haha this is great :D
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matreen
10-12 11:08 PM
Hi Guys,
I Fedex my 485 package on July, 11th and it got reached to USCIS on July, 12 (I have the acknolegement) but still did not receive the receipt number. I am seeing who filed after me started getting receipt numbers.
I am kind of concerned about it as I did not see any movement in my case.
Any inputs Or wondering if anybody else facing similar situation??????
Appreciate your inputs.
Thanks,
M
I Fedex my 485 package on July, 11th and it got reached to USCIS on July, 12 (I have the acknolegement) but still did not receive the receipt number. I am seeing who filed after me started getting receipt numbers.
I am kind of concerned about it as I did not see any movement in my case.
Any inputs Or wondering if anybody else facing similar situation??????
Appreciate your inputs.
Thanks,
M
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vhd999
04-26 06:50 PM
My wife recently travelled to India from Seattle.
At the check-in counter, Lufthansa people insisted that she should pay for the second bag.
Before the day of the trip, we called Lufthansa and confirmed that we are allowed to take two bags (50lbs). There are no other airlines involved.
My wife insisted that she should not pay for the second bag. After some deliberations and confrontations, Lufthansa reluctantly accepted the second bag with no fees.
Sometimes I wonder, where is the end to all this nonsense.
At the check-in counter, Lufthansa people insisted that she should pay for the second bag.
Before the day of the trip, we called Lufthansa and confirmed that we are allowed to take two bags (50lbs). There are no other airlines involved.
My wife insisted that she should not pay for the second bag. After some deliberations and confrontations, Lufthansa reluctantly accepted the second bag with no fees.
Sometimes I wonder, where is the end to all this nonsense.
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ssnd03
01-02 07:18 PM
Hi Everybody,
I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.
When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??
Most likely in about two (2) years
I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.
When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??
Most likely in about two (2) years
more...
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Almond
06-17 09:57 PM
I have been to Infopass at least four times in last two years. It depends on service rep on the window. Some of them are very cooperative and will try to answer most of your questions but others may not answer anything. I has an appointment yesterday to figure out about Background check which has been pending for last six months. Service rep on window only told me that it is still pending, she won't say when was it ordered which part of it is pending.. I tried to impress upon her but, she got up and walk away. It was such a waste of my time...
It is pure luck.. Couple of times, I got a rep who had helped me with AP stuff...
Same thing here. I've been to infopass a million times already. Some of them will tell you straight up that it's on someone's desk and to wait and come back in 1-2 months. Others will feel sorry for you and make some copies of your stuff and fill up some paperwork to "put it on the officer's desk"-you know, just to give you some hope. I've even gone with a lawyer's letter. Nada. Basically, you're at the system's mercy and the infopass people are just customer service reps that are there to answer your most basic questions. Get beyond basic and you're out of shit luck.
It is pure luck.. Couple of times, I got a rep who had helped me with AP stuff...
Same thing here. I've been to infopass a million times already. Some of them will tell you straight up that it's on someone's desk and to wait and come back in 1-2 months. Others will feel sorry for you and make some copies of your stuff and fill up some paperwork to "put it on the officer's desk"-you know, just to give you some hope. I've even gone with a lawyer's letter. Nada. Basically, you're at the system's mercy and the infopass people are just customer service reps that are there to answer your most basic questions. Get beyond basic and you're out of shit luck.
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casinoroyale
01-07 11:47 AM
Sorry aps. I corrected the typo above. Please read my post again. I meant to say "after using EAD".
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EndlessWait
06-18 04:00 PM
Under Part 3.
What should one put for
1. Nonimmigrant Visa number
2. Date Visa Issued
3. Consulate Where Visa was Issued.
I'm currently on a valid H1 extension with a valid I-94. The visa on passport has expired and I had got an extension within US. Anybody any ideas????
What should one put for
1. Nonimmigrant Visa number
2. Date Visa Issued
3. Consulate Where Visa was Issued.
I'm currently on a valid H1 extension with a valid I-94. The visa on passport has expired and I had got an extension within US. Anybody any ideas????
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hpandey
03-22 02:50 PM
Did your new H1 come with an I-94 attached at the bottom or not ? If not then it means that you have to go out of US and get the H1 visa stamped. Also it means that you are still out of status since you do not have a valid I-94.
Yes potentially as per law you could be barred entry to US for 3 years but sometimes if you do everything legally the CBP officers overlook that. It all depends at the officer at the consulate for stamping and then at the port of entry.
You can hope to be lucky but what your lawyer says is correct.
Best of luck.
I am not a lawyer so your lawyer's advise would be best.
Yes potentially as per law you could be barred entry to US for 3 years but sometimes if you do everything legally the CBP officers overlook that. It all depends at the officer at the consulate for stamping and then at the port of entry.
You can hope to be lucky but what your lawyer says is correct.
Best of luck.
I am not a lawyer so your lawyer's advise would be best.
more...
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Calouste
07-28 03:51 PM
I'm getting fed up with people on this forum who assume that India is the only country from which people immigrate to the US, and always only mention the India dates when talking about cut off dates, and assume that are the only dates people want to talk about.
Even though India is by far the country of birth with the most high skilled immigrants to the US, it still takes up less than half of the number of high skilled immigrants. By some discussions going on on this forum, you would think 95% of the high skilled immigrants come from India.
Even though India is by far the country of birth with the most high skilled immigrants to the US, it still takes up less than half of the number of high skilled immigrants. By some discussions going on on this forum, you would think 95% of the high skilled immigrants come from India.
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Sirisian
05-12 12:08 AM
SDL is rarely used by itself. Just use it for windowing and let OpenGL render (it's much faster). Also you'll notice that SDL can't rotate an image (or it couldn't 2 years ago). There are free OpenGL GUI's like CEGUI if you need one. I'd learn how to get the basic stuff.
Make sure you know the STL completely. This means, std::vector, std::list, and std::map kind of stuff. I'd recommend learning the OOP paradigm since it helps a lot.
http://gpwiki.org/index.php/C_plus_plus:Modern_C_plus_plus:Vectors
Learn how to set up object class with an x and y pos and then create a manager class that allows you to insert them into a list or vector container. Then add maybe a velocity into the object class and see if you can iterate the group of points and move them with their velocities. (by the way I'm describing a particle engine.
Other things to make sure is to use std::string and not char so much.
Templates are good to learn later once you find what they are used for.
Make sure you know the STL completely. This means, std::vector, std::list, and std::map kind of stuff. I'd recommend learning the OOP paradigm since it helps a lot.
http://gpwiki.org/index.php/C_plus_plus:Modern_C_plus_plus:Vectors
Learn how to set up object class with an x and y pos and then create a manager class that allows you to insert them into a list or vector container. Then add maybe a velocity into the object class and see if you can iterate the group of points and move them with their velocities. (by the way I'm describing a particle engine.
Other things to make sure is to use std::string and not char so much.
Templates are good to learn later once you find what they are used for.
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sledge_hammer
04-15 10:58 AM
Your employer did not put a gun to your head and told you to fake your resume. You wanted a quick way to get into a job and you knew what you were doing.
Like someone else here has commented, you both deserve to pay the price for what you have done!
Hi,
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?
Like someone else here has commented, you both deserve to pay the price for what you have done!
Hi,
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?
Munna Bhai
12-14 08:20 AM
I have been looking to possible cause of getting RFE at I-140 stage and I came up with the following:
1.If your qualification doesn't match with the job description, like you have AMIE,Diploma,M.Sc 3 years courses but I-140 says Major required is Engineering or B.Tech(chemical) or B.Tech(mech) but working in Software.
2.Ability to pay, which means how many I-140 that company currently has and whether that is equally distributed for wages.
3.Ability to pay, which means have you submitted the required Tax document etc so that it shows company can pay future wages.
I would like to get more information so that others who are planning to apply for GC should take this into consideration.
Any inputs is appreciated.
Thanks,
-M
1.If your qualification doesn't match with the job description, like you have AMIE,Diploma,M.Sc 3 years courses but I-140 says Major required is Engineering or B.Tech(chemical) or B.Tech(mech) but working in Software.
2.Ability to pay, which means how many I-140 that company currently has and whether that is equally distributed for wages.
3.Ability to pay, which means have you submitted the required Tax document etc so that it shows company can pay future wages.
I would like to get more information so that others who are planning to apply for GC should take this into consideration.
Any inputs is appreciated.
Thanks,
-M
eb3retro
09-14 03:50 PM
NO, that part applies to a person applying for Advance Parole (humanitarian reason) and not Advance Parole (baed on peding I-485).
This confusion is because the form is used for multiple application type - Rentry Permit, Refugee Travel Document, Advance Parole (humanitarian and I-485 pending). I think USCIS should redesign separate form for each application type to remove the confusion.
If your AP is based on a pending I-485 you must be in the US to apply and receive the approval. If you need to travel before the approval, you could go to a local USCIS office to expedite the application.
frostrated, this exactly contradicts your take on this issue. I understand your family has gone to india without ap in hand and have come back with AP (approval after leaving US). My question is how safe it is to do this.
This confusion is because the form is used for multiple application type - Rentry Permit, Refugee Travel Document, Advance Parole (humanitarian and I-485 pending). I think USCIS should redesign separate form for each application type to remove the confusion.
If your AP is based on a pending I-485 you must be in the US to apply and receive the approval. If you need to travel before the approval, you could go to a local USCIS office to expedite the application.
frostrated, this exactly contradicts your take on this issue. I understand your family has gone to india without ap in hand and have come back with AP (approval after leaving US). My question is how safe it is to do this.
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