karthkc
05-23 01:07 PM
EAD to H1 involves a status change that while being perfectly legal was just not envisioned policy wise as being a frequent occurrence.
Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.
The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.
Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..
Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.
Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...
If anyone knows more or can confirm this, that would help...
Thanks!
--Karthik
Is EAD to H1 a complicated process? If so what could be the reasons.
I still have 1.5 years on H1. I posted earlier but didn't get a clear idea.
Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.
The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.
Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..
Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.
Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...
If anyone knows more or can confirm this, that would help...
Thanks!
--Karthik
Is EAD to H1 a complicated process? If so what could be the reasons.
I still have 1.5 years on H1. I posted earlier but didn't get a clear idea.
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saimrathi
07-27 01:12 PM
I filed I-140 + I-485 concurrently. Sent a check for I-140 seperately and one for I-485 (EAD + AP) for $745 for my wife and me. Check made out to USCIS. However consult ur lawyer ...
Instead of starting a new thread. I would appreciate if someone answers a few questions regarding Check details that we send out to USCIS.
Went to lawyers office last week and signed all the applications. I made out onc check in the amount of $745 ($395 I-485 + $170 I-131 (AP) + $180 I-765 (EAD)) Payble to U.S Citizenship and Immigration Service. Now when I see the forms online it says the checks should be payable to Department of Homeland Security. Should I ask the lawyer to hold on to the application and send new checks.
Also , should I write three separate checks for $395 $170 $180. Just to make sure if there is an error in say Advanced payroll application, USCIS will keep the two check and send me back the Advanced Parol application.
Instead of starting a new thread. I would appreciate if someone answers a few questions regarding Check details that we send out to USCIS.
Went to lawyers office last week and signed all the applications. I made out onc check in the amount of $745 ($395 I-485 + $170 I-131 (AP) + $180 I-765 (EAD)) Payble to U.S Citizenship and Immigration Service. Now when I see the forms online it says the checks should be payable to Department of Homeland Security. Should I ask the lawyer to hold on to the application and send new checks.
Also , should I write three separate checks for $395 $170 $180. Just to make sure if there is an error in say Advanced payroll application, USCIS will keep the two check and send me back the Advanced Parol application.
peer123
04-17 09:19 AM
Check the directory of occupational titles and ensure the new and old jobs have the same / very close occupational code. You can find it on the DOL website. Duties is one thing, but the code is also important.
I did check, job code is 13-1111.00. the two titles used in labor cert are principal management consultant -system analysis - this is primary
and system analysis - mentioned in related occupation
the approval job code is 13-1111.00 - the new title i am getting is system analyst.
I did check, job code is 13-1111.00. the two titles used in labor cert are principal management consultant -system analysis - this is primary
and system analysis - mentioned in related occupation
the approval job code is 13-1111.00 - the new title i am getting is system analyst.
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sugaur
05-05 11:45 PM
Transaction ID: 15509419M155420
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GC Khichdi
10-24 03:44 PM
Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
conchshell
06-10 02:43 PM
You should avoid phrases such as "fast track green card". That is being presumptious.
Last year when people were campaigning for the rally, some of the campaign slogans were "come to the rally and get gc now instead of 10 years later". That is pushing people's hopes up without reason.
The problem with such promises and anticlimaxes is, you will not be able to sustain their interest.
I think gceverywhere is trying to make an appeal, and just to attarct people to this thread, he named it fast track EB greencard. ;) His intentions are correct ... but the method he chose is not. If this becomes a trend, readers will have tough time.
Last year when people were campaigning for the rally, some of the campaign slogans were "come to the rally and get gc now instead of 10 years later". That is pushing people's hopes up without reason.
The problem with such promises and anticlimaxes is, you will not be able to sustain their interest.
I think gceverywhere is trying to make an appeal, and just to attarct people to this thread, he named it fast track EB greencard. ;) His intentions are correct ... but the method he chose is not. If this becomes a trend, readers will have tough time.
more...
mattrock23
01-24 08:11 PM
Would it be possible to have the View entry link show the updated version of my entry, please? I updated the link in my thread before the deadline but forgot to attach the updated .zip file. The final version of my entry is attached to my thread now.
2010 First Tattoo Firefly Blog
hate_me
03-28 03:39 PM
Need a drop down for page list so that you click on that dropdown list click page number and it take you to that page, instead of clicking through the current pagination for couple of dozens of time, and also if possible need two options in pagination like << and >> once clicked on that it takes you 5 or 10 or some fixed number of pages ahead or behind. This is just a suggestion, and it doesn't take away the hard work and efforts taken by team whom developed it, kudos to them. :)
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TheCanadian
01-02 02:18 AM
Is there a good way to post swfs? We can zip them, but its nice to be able to see the entries quickly. Is there any place to post them externally so the security of the forum isn't compromised? I might be able to set up an uploader in the next week for the contest on my server if it would help.
Imageshack hosts them last I checked.
Imageshack hosts them last I checked.
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kirupa
01-24 04:07 PM
Added those notes sage and iamthejuggler :)
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bsnf
07-12 02:30 PM
I called my lawyer yesterday and he told me that he did not get a single case send back.
He filed 300 applications.
He filed 300 applications.
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coopheal
05-06 12:39 PM
Transaction ID: 15509419M155420
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Thanks
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It may take a few moments for this transaction to appear in your account.
Thanks
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johnamit
08-30 01:08 PM
more details will help. Is the case is as simple as it sounds then may be half of filers will get RFE. There got to be more pieces to it, is there H1/F1/H4/L1 transfer exists? I-140 aprroved? etc. Think about other points that makes your case out of the heap.
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fromnaija
07-19 11:16 AM
If you are here on H1 and your dependent is in H4, it's your right to claim all the deductions that you are entitled to. For tax purposes your are a legal resident alien. I have routinely claimed Hope Credits for all my dependents and lifetime learning credits for myself.
If we submit tax returns with 485 AOS application then do CIS check those to see what exsumptions we have taken etc??? One of my friend by mistake took hope credits coupld yrs ago and is terrified that CIS may catch this if he sends the tax returns so he has been fighting with his attorney about not sending it!! both he and his wife are earning and no dependents. Any thoughts on the situation??
I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.
If we submit tax returns with 485 AOS application then do CIS check those to see what exsumptions we have taken etc??? One of my friend by mistake took hope credits coupld yrs ago and is terrified that CIS may catch this if he sends the tax returns so he has been fighting with his attorney about not sending it!! both he and his wife are earning and no dependents. Any thoughts on the situation??
I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.
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Dhundhun
10-15 01:49 PM
Is the U.S. Losing Its Edge in Tech?
In one word answer seems to be "yes". Few indicators are:
- With CERN Large Hadron Collider, Europe took a quantum leap into physics
- With Airbus A380, Europe taking lead in passenger aircraft. It is technically superior as only two flying crew member perform role of flight engineer and navigator. We can not forget supersonic Concorde.
- In cloning several other countries are ahead
- US does not have technology/infrastructure to make chepeast car in the world.
- Due to business model, usually cellular devices/services are better in Europe and Asia
- US is not economically better for putting Satelle in space, the economy is also one of the indicator of technology.
- In car, Europeans are better
However US $ muscle and can do things such as:
- To keep superiority in air over SU MKI-30 (around $45 million), F-22 (around $200 million) can be mass manufactured
- Deep space exploration, sending probes
- Space shuttles for space research
- NTSC was inferior to PAL and SECAM, can take a leap into HDTV
In one word answer seems to be "yes". Few indicators are:
- With CERN Large Hadron Collider, Europe took a quantum leap into physics
- With Airbus A380, Europe taking lead in passenger aircraft. It is technically superior as only two flying crew member perform role of flight engineer and navigator. We can not forget supersonic Concorde.
- In cloning several other countries are ahead
- US does not have technology/infrastructure to make chepeast car in the world.
- Due to business model, usually cellular devices/services are better in Europe and Asia
- US is not economically better for putting Satelle in space, the economy is also one of the indicator of technology.
- In car, Europeans are better
However US $ muscle and can do things such as:
- To keep superiority in air over SU MKI-30 (around $45 million), F-22 (around $200 million) can be mass manufactured
- Deep space exploration, sending probes
- Space shuttles for space research
- NTSC was inferior to PAL and SECAM, can take a leap into HDTV
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axp817
06-16 12:21 PM
They say we (includes me and my wife) were missing G325A (boigraphic information sheets).
And that caused a denial? Wow.
Anyway, IV might be able to help. Please consider participating in this action item.
http://immigrationvoice.org/forum/showthread.php?p=354157#post354157
And that caused a denial? Wow.
Anyway, IV might be able to help. Please consider participating in this action item.
http://immigrationvoice.org/forum/showthread.php?p=354157#post354157
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aadimanav
11-01 09:40 PM
Hello experts,
Could someone explain to me why is that 61,000 visa recapture exclusively for nurses is not good for EB3 category? To me it will make the EB3 queue smaller (i.e. Current Applications In the EB3 Queue MINUS 61,000). Why this is not good, and why I don't hear any body say so?
* Is this not good because 61,000 visas will be recaptured EXCLUSIVELY for NURSES. This 61,000 quota should have been spread over all categories EB1, EB2, EB3.
* Is this not good because it doesn't help EB2 and EB1?
* Some other reason
Please educate and comment.
Could someone explain to me why is that 61,000 visa recapture exclusively for nurses is not good for EB3 category? To me it will make the EB3 queue smaller (i.e. Current Applications In the EB3 Queue MINUS 61,000). Why this is not good, and why I don't hear any body say so?
* Is this not good because 61,000 visas will be recaptured EXCLUSIVELY for NURSES. This 61,000 quota should have been spread over all categories EB1, EB2, EB3.
* Is this not good because it doesn't help EB2 and EB1?
* Some other reason
Please educate and comment.
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trueguy
08-11 10:06 AM
please add year 05, 06, 07 and 08 too.
HOW??????????
HOW??????????
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gc_maine2
07-12 02:11 PM
http://immigrationvoice.org/forum/showthread.php?t=6319
In this thread people are discussing mostly for the July 485 cases, so the name is not exactly the "485 rejection", but similar situations are discussed here.
Thanks
Do you know which thread? I tried some searching but I found a poll but not the details of 485 that were rejected
In this thread people are discussing mostly for the July 485 cases, so the name is not exactly the "485 rejection", but similar situations are discussed here.
Thanks
Do you know which thread? I tried some searching but I found a poll but not the details of 485 that were rejected
go_gc_way
05-10 11:54 AM
I think too .. It helps people like me to read opinions and summarized comments on news articles and developments .. rather than links.
It would be nice , if they more closely relate to our problems.
Thanks Learning & Immi , for your efforts.
It would be nice , if they more closely relate to our problems.
Thanks Learning & Immi , for your efforts.
ilikekilo
01-08 04:04 PM
I think H1B quota should be decreased because lots of people available with no jobs in the market, it looks like survival of fittest, even person with good skill set not getting job immediately due to new new consulting company coming into market doing irregular things like less rates etc etc�����. to survive themselves.
kinda agree with u on this
kinda agree with u on this
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