my2cents
10-12 03:41 PM
There is no timelimit on sick leave or maternity leave but there should be a reasoable time period.
As long as employee/employer relationship exists there should be no problem. but extending the leave beyond 6 month would be put some doubt on bonafide employment.
it's all about how your solid documentation about your extended vacation.
As long as employee/employer relationship exists there should be no problem. but extending the leave beyond 6 month would be put some doubt on bonafide employment.
it's all about how your solid documentation about your extended vacation.
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punjabi77
10-08 12:13 AM
Can someone on this forum please let me know if i can keep my Canadian PR after my 485 is approved?
I dont think approval is going to come that soon for me (I am in EB3 category PD 09/06).
Reason i have asked the above question is because i have my Canadian PR and i know that i can stay outside canada for 3 yrs out of 5 years to maintain PR.
Incase, 485 does not approve in 3 years, then i have to move to Canada to maintain my PR (no option left).
But incase,485 does gets approved within 3 yrs then i will be in a fix as to whether i should keep PR or GC.
Now if there is an option to keep both, then it is gr8, but what if there is no option. i certainly dont want to loose my Canadian PR as i think in long term Canadian Citizenship is better.
Someone please respond.
I dont think approval is going to come that soon for me (I am in EB3 category PD 09/06).
Reason i have asked the above question is because i have my Canadian PR and i know that i can stay outside canada for 3 yrs out of 5 years to maintain PR.
Incase, 485 does not approve in 3 years, then i have to move to Canada to maintain my PR (no option left).
But incase,485 does gets approved within 3 yrs then i will be in a fix as to whether i should keep PR or GC.
Now if there is an option to keep both, then it is gr8, but what if there is no option. i certainly dont want to loose my Canadian PR as i think in long term Canadian Citizenship is better.
Someone please respond.
Mahatma
08-02 08:36 AM
I am in tennessee and would like to participate constructively. However, I will not hesitate to make my disagreements known.
2011 Digital Warrior
dilbert_cal
10-31 06:59 PM
To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.
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pnara2
01-03 09:20 PM
Just think that you read a joke!
US Govt will try and squeeze every single penny whereever possible, especially, considering the high unemployment rates lingering around lately!
Infact Indian govt should learn how to milk money from the US corporates who operate in India. Probably they do now but unfortunately the benefits are not reaped by the common masses in india!
US Govt will try and squeeze every single penny whereever possible, especially, considering the high unemployment rates lingering around lately!
Infact Indian govt should learn how to milk money from the US corporates who operate in India. Probably they do now but unfortunately the benefits are not reaped by the common masses in india!
heathere3
10-25 10:12 AM
I'm a July 2nd filer (EB3, ROW, PD Aug 2005) and I got my receipts, fingerprint notices and husband's EAD on Aug 23rd. Still no AP for either, and no EAD for me (but I'm the H1-B, so it could be worse... at least my husband now has a job! :D )
Heather
Heather
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reddog
07-13 04:24 PM
Thanks for all who replied...
Did anyone travel to India, by landing at Delhi Intl airport, and then proceeding to other destination city through a domestic airline?
Never been to Delhi, and I have no idea how Intl and domestic travel works in tandem...
Thanks
Once while coming back from from Mumbai via Delhi, we did not have to change the flights, sat in the same flight to London.
And on other occasion where the connecting flight was Sahara to a Local Indian airport, we had to take our luggage and go to the Delhi domestic airport.
While in both cases, the Airline would arrange for the transport, Delhi has an inside route for passenger transfers(other vehicles are not allowed), while in bombay the bus goes thru the city, where the traffic is always severe.
In both the airports, if you are landing in the late morning (after 3-4am), you should follow up with the local airlines transport co-ordinator( bus driver ;)), to see what time is he gonna wake up and take you to the domestic airport.
Once when my inlaws were transferring from Bombay local to bombay international, they took a cab instead, as Jet airways did not have a bus ready to take the international passengers when they got out of the airport.
Did anyone travel to India, by landing at Delhi Intl airport, and then proceeding to other destination city through a domestic airline?
Never been to Delhi, and I have no idea how Intl and domestic travel works in tandem...
Thanks
Once while coming back from from Mumbai via Delhi, we did not have to change the flights, sat in the same flight to London.
And on other occasion where the connecting flight was Sahara to a Local Indian airport, we had to take our luggage and go to the Delhi domestic airport.
While in both cases, the Airline would arrange for the transport, Delhi has an inside route for passenger transfers(other vehicles are not allowed), while in bombay the bus goes thru the city, where the traffic is always severe.
In both the airports, if you are landing in the late morning (after 3-4am), you should follow up with the local airlines transport co-ordinator( bus driver ;)), to see what time is he gonna wake up and take you to the domestic airport.
Once when my inlaws were transferring from Bombay local to bombay international, they took a cab instead, as Jet airways did not have a bus ready to take the international passengers when they got out of the airport.
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casinoroyale
01-12 07:55 PM
As per my reading one can re-enter on AP. But do remember that the CBP officer at the port of entry notices that once case is under security check or something he may create issues. But in general i don't think this is the case. One of my friend who was stuck with security check entered using AP. I know him personally so this is for fact happend.
As per several murthy chat items, Sheela Murthy also thinks one can enter on AP if their H1B visa stamp is rejected to getting delayed.
But do remember that, your status will change from H1B to PAROLE once you enter using AP. But hey, you can alwyas change it back to H1B once you get the visa.
One of my personal concerns about this approach (for which i don't have concrete answer), does the consulate consider your visa applicaton abondoned if they find out that the candidate has entered US?
(not proof reading, plz ignore spelling and grammar mistakes)
As per several murthy chat items, Sheela Murthy also thinks one can enter on AP if their H1B visa stamp is rejected to getting delayed.
But do remember that, your status will change from H1B to PAROLE once you enter using AP. But hey, you can alwyas change it back to H1B once you get the visa.
One of my personal concerns about this approach (for which i don't have concrete answer), does the consulate consider your visa applicaton abondoned if they find out that the candidate has entered US?
(not proof reading, plz ignore spelling and grammar mistakes)
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kaisersose
07-17 10:22 AM
Folks,
Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?
EB2-I
PD: Jul 2004
I-140 approved
I-485: RD 02 Aug, 2007
You can answer this question for yourself if you read . The quick answer is, it does not mean anything. The system is totally random and trying to discern a pattern out of their actions is a futile exercise.
Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?
EB2-I
PD: Jul 2004
I-140 approved
I-485: RD 02 Aug, 2007
You can answer this question for yourself if you read . The quick answer is, it does not mean anything. The system is totally random and trying to discern a pattern out of their actions is a futile exercise.
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stupendousman11
08-15 09:54 AM
Why are there two "Priority Date" columns?
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pointlesswait
02-01 12:22 PM
I am looking for someone in chicago area or close..
i have used gowda for H transfer..few years back..was ok!
any reccos for IL area??
i have used gowda for H transfer..few years back..was ok!
any reccos for IL area??
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kaisersose
10-11 02:17 PM
There is no problem here.
In the case 485 denial, if the applicant has a H-1b, then the applicant will continue to be in status via the H-1b. If the spouse had given up h-4 status by using EAD, then the spouse will have to activate the h-4 visa back.
If the 485 is rejected and the rejection is not by mistake, then the chances of getting back into the 485 queue and getting an approval are very slim. If the 485 is rejected by mistake, then it may be possible to stay on even without a H-4 while the mistake is being corrected.
Example: Back in 2000 my friend's 485 was approved, but his wife's approval did not show up. After waiting paitently for a few months, he initiated an enquiry and discovered that there was an RFE in his wife's case and the good lawyer did not respond to the RFE resulting in denial of her case. She was out of status at this point, but it was not a problem. The case was reopened by the lawyer and she went back to 485 status and her case was approved 4 years later.
In short, there is not much documentation or knowledge on the possible options after 485 denial. Mainly because 485 rejection is extremely rare. I would not worry about it. Go ahead and use your EAD if you have to.
In the case 485 denial, if the applicant has a H-1b, then the applicant will continue to be in status via the H-1b. If the spouse had given up h-4 status by using EAD, then the spouse will have to activate the h-4 visa back.
If the 485 is rejected and the rejection is not by mistake, then the chances of getting back into the 485 queue and getting an approval are very slim. If the 485 is rejected by mistake, then it may be possible to stay on even without a H-4 while the mistake is being corrected.
Example: Back in 2000 my friend's 485 was approved, but his wife's approval did not show up. After waiting paitently for a few months, he initiated an enquiry and discovered that there was an RFE in his wife's case and the good lawyer did not respond to the RFE resulting in denial of her case. She was out of status at this point, but it was not a problem. The case was reopened by the lawyer and she went back to 485 status and her case was approved 4 years later.
In short, there is not much documentation or knowledge on the possible options after 485 denial. Mainly because 485 rejection is extremely rare. I would not worry about it. Go ahead and use your EAD if you have to.
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msadiqali
05-22 08:59 PM
Not sure what the big deal is..those guys looted the world anyway..
be happy that they are not thrown in jail..brain drain in these kind of activities is what is needed..put your brain to good use and not just in creating junk papers..
be happy that they are not thrown in jail..brain drain in these kind of activities is what is needed..put your brain to good use and not just in creating junk papers..
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mambarg
07-26 12:20 PM
So in next few days, as expected we may start seeing processing or receipts for July 2nd filers on Aug 1st at least at nebraska.
I saw it on
I saw it on
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saps
11-06 04:39 PM
I don't know how to start a new thread. Can someone suggest the steps for the same as I would like to move the letter to the new thread to get people opinion and IV attention on the same.
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Sushie
08-17 01:48 PM
Hi Everyone,
I'm trying to get my SSN Done. I'm on a dependent H4 Visa and have my H1 approval .
I visited the SSN office with My I797, State ID and Passport : SSN officer straightforwardly rejected as I dont have my EAD card.
The Officer asked me to visit USCIS office to apply for EAD.
Please help me with this situation..Does a H1 get an EAD and then a SSN?
Thanks N Regards,
Sushie
I'm trying to get my SSN Done. I'm on a dependent H4 Visa and have my H1 approval .
I visited the SSN office with My I797, State ID and Passport : SSN officer straightforwardly rejected as I dont have my EAD card.
The Officer asked me to visit USCIS office to apply for EAD.
Please help me with this situation..Does a H1 get an EAD and then a SSN?
Thanks N Regards,
Sushie
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sledge_hammer
06-29 10:08 AM
^^^^
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desi485
07-28 05:45 PM
if his EAD has been pending for 90 days, USCIS says you can enquire about getting an interim EAD. I dont know of anyone recently who has got an interim EAD though...
Having said that, how long back did he apply for the renewal and at what center? Based on some stats NSC is taking anywhere from 60 to 90 days for EAD approval (even mine has now been pending for over 4 weeks). TSC has been faster. So if its NSC, and its <90 days, hang on a bit, you might just get the approval soon.
sent recently to lawyer, may be still on the way to NSC. His current EAD expires by last week of september. This leaves window of less than 60 days. I am sure there will be so much of workload as all JULY Filers would be renewing the EADs.
Having said that, how long back did he apply for the renewal and at what center? Based on some stats NSC is taking anywhere from 60 to 90 days for EAD approval (even mine has now been pending for over 4 weeks). TSC has been faster. So if its NSC, and its <90 days, hang on a bit, you might just get the approval soon.
sent recently to lawyer, may be still on the way to NSC. His current EAD expires by last week of september. This leaves window of less than 60 days. I am sure there will be so much of workload as all JULY Filers would be renewing the EADs.
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logiclife
05-03 05:00 PM
Sadly Immigration voice is giving importance to the � number of posts� rather than �number of valuable posts� .
Some people are more interested to upgrade in their title by putting more number of comments, which will have no information.
I request every one to understand that these are just somebody thoughts/comments some time they may be correct and some times
they are just garbage.
Janakp Can you tell us how many valuable posts you posted in here.
IV doest evaluate posts of members or give more or less importance to quantity or quality of posts.
The software we use for forums (Joomla) is preconfigured to make a person "Senior member" when he/she posts 100 messages.
IV core group or leadership doesnt have any interest in rating the quantity or quality of any posts from any members.
Some people are more interested to upgrade in their title by putting more number of comments, which will have no information.
I request every one to understand that these are just somebody thoughts/comments some time they may be correct and some times
they are just garbage.
Janakp Can you tell us how many valuable posts you posted in here.
IV doest evaluate posts of members or give more or less importance to quantity or quality of posts.
The software we use for forums (Joomla) is preconfigured to make a person "Senior member" when he/she posts 100 messages.
IV core group or leadership doesnt have any interest in rating the quantity or quality of any posts from any members.
ssingh92
01-03 11:33 AM
I asked a question regarding use of AP and received following response from Embassy of Belgium.
Dear,
As an Indian citizen you do not need a transit visa IF you are only making an airport transit (in other words, if you stay in the airport terminal and you do not have to re-check your luggage in Brussels ). Please contact your airline to make sure your luggage goes directly to your main destination.
Sincerely,
Marijke Janssens
Also Confirmed with JetAirWays NY. They said that the plane stops for 2Hr for security check and there is no check out/in. So I dont need transit visa.
I booked my ticket in JetAirWays (better than Air India).
Dear,
As an Indian citizen you do not need a transit visa IF you are only making an airport transit (in other words, if you stay in the airport terminal and you do not have to re-check your luggage in Brussels ). Please contact your airline to make sure your luggage goes directly to your main destination.
Sincerely,
Marijke Janssens
Also Confirmed with JetAirWays NY. They said that the plane stops for 2Hr for security check and there is no check out/in. So I dont need transit visa.
I booked my ticket in JetAirWays (better than Air India).
milind70
06-21 01:48 PM
My friends recently went to the consulte in Nogales to get their H1B stamped and they told me that we can enter Nogales with out any visa ... You might want to explore that or find any other places that are closer to where u live and do not need a visa to get a new I94 ...
I am in the same boat as u and i donot even have my new passport with me yet ...
GoodLuck ... Hope things work out for you ... do post your experiences when u are done with all this ...
Nogales is in Mexico,i think u require a mexican visa to enter Nogales.
I am in the same boat as u and i donot even have my new passport with me yet ...
GoodLuck ... Hope things work out for you ... do post your experiences when u are done with all this ...
Nogales is in Mexico,i think u require a mexican visa to enter Nogales.
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