help43
09-12 05:09 PM
Can any body tell me
How much is the fee for H1-B Amendment + Premium Processing?
EXTENSION OF OPT TIME THROUGH 10/1 FOR INDIVIDUALS WITH PENDING H1B APPLICATIONS
Under prior law, the CIS already had authorization to extend the status of F1/OPT holders until the October 1st H1b start date (although notably they have chosen not to exercise this power in the last few years!). The extension available upon exercise of this power by the CIS, however, only extended status but did not extend work authorization. The extension that is now available under the new regulation just published, extends not only status but also work authorization through 10/1. This extension is automatic and no separate application is required.
This regulation will work as anticipated by the CIS in subsequent years, however, there is a fatal flaw in the drafting as it pertains to this year’s H1b filings. As drafted, to be eligible for the automatic extension, the H1b application has to have been filed as an H1b change of status case. When filing an H1b petition, the form allows you to choose whether you want consular processing or a change of status with the USCIS. A change of status with the USCIS requires that you submit evidence that you have lawful status through the requested start date of 10/1/08. Most applicants who filed H1b applications under the 2009FY quota whose OPT grace period ends prior to 10/1/08, did not file their H1b applications with a change of status request because they were not eligible. Consequently, they are not eligible now for the new automatic extension. Currently, the only way to rectify this situation is through an amendment (and, the H1b cannot be amended until it is approved). Thus, the only people who will benefit from this extension are those whose OPT grace period already reached through 10/1 and now their work authorization has been extended to match, and those who filed their H1b applications incorrectly as a change of status application when they were not eligible. This issue has been raised with the USCIS by the American Immigration Lawyers Association and the USCIS is looking into the matter and has promised to address it. We will provide any updates on the situation as soon as it is available.
Related link:http://www.infinitilaw.com/h1bnews.html
Please explain me what is this about? I am totally Confused..... Is it something related to my case....
My OPT is going to expire on DEC 29TH 2008.
How much is the fee for H1-B Amendment + Premium Processing?
EXTENSION OF OPT TIME THROUGH 10/1 FOR INDIVIDUALS WITH PENDING H1B APPLICATIONS
Under prior law, the CIS already had authorization to extend the status of F1/OPT holders until the October 1st H1b start date (although notably they have chosen not to exercise this power in the last few years!). The extension available upon exercise of this power by the CIS, however, only extended status but did not extend work authorization. The extension that is now available under the new regulation just published, extends not only status but also work authorization through 10/1. This extension is automatic and no separate application is required.
This regulation will work as anticipated by the CIS in subsequent years, however, there is a fatal flaw in the drafting as it pertains to this year’s H1b filings. As drafted, to be eligible for the automatic extension, the H1b application has to have been filed as an H1b change of status case. When filing an H1b petition, the form allows you to choose whether you want consular processing or a change of status with the USCIS. A change of status with the USCIS requires that you submit evidence that you have lawful status through the requested start date of 10/1/08. Most applicants who filed H1b applications under the 2009FY quota whose OPT grace period ends prior to 10/1/08, did not file their H1b applications with a change of status request because they were not eligible. Consequently, they are not eligible now for the new automatic extension. Currently, the only way to rectify this situation is through an amendment (and, the H1b cannot be amended until it is approved). Thus, the only people who will benefit from this extension are those whose OPT grace period already reached through 10/1 and now their work authorization has been extended to match, and those who filed their H1b applications incorrectly as a change of status application when they were not eligible. This issue has been raised with the USCIS by the American Immigration Lawyers Association and the USCIS is looking into the matter and has promised to address it. We will provide any updates on the situation as soon as it is available.
Related link:http://www.infinitilaw.com/h1bnews.html
Please explain me what is this about? I am totally Confused..... Is it something related to my case....
My OPT is going to expire on DEC 29TH 2008.
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sbmallik
06-09 03:33 PM
You can try in Canada / Mexico / Bahamas.
pal351
02-11 05:57 PM
http://www.prweb. com/releases/ 2009/02/prweb200 0494.htm
2011 TMZ is reporting that Ronnie
lacrossegc
12-08 05:28 PM
A thought came to mind for those still not convinced on this
Think of this IV drive as an opportunity to SAVE on future payments to USCIS.
All those "enjoying" Interim benefits will likely be shelling out atleast $350 every yr for renewals of EAD, AP (if you apply yourself) considerable more if you go through a lawyer... for those still on H1 ... you'll be spending on H1 renewals, travel to counsulates, Visa reciporocal fees etc etc
The wait time for the final Green card approval for those with more recent Priority dates with no changes could be anywhere from 3-4 yrs....
So conservatively you would be spending 4* 350 = $1400
Think about it.... what if IV's drive for changes is successful in lobbying for better provisions which reduce OUR wait times even if by a little bit ... lets say ... by one yr .... YOU would INSTANTLY SAVE $350 ... and it multiplies for every year you save waiting for the final approval.
Lets say you contributed $100 today and you saved 1 yr in wait time ...
YOUR Profit is $250 on a $100 contribution in 3 yrs
atleast 250% returns in 3 yrs .... Can any stock market/bond or CDs match that rate of return
Contribute now so that IV can make that profit for YOU
Think of this IV drive as an opportunity to SAVE on future payments to USCIS.
All those "enjoying" Interim benefits will likely be shelling out atleast $350 every yr for renewals of EAD, AP (if you apply yourself) considerable more if you go through a lawyer... for those still on H1 ... you'll be spending on H1 renewals, travel to counsulates, Visa reciporocal fees etc etc
The wait time for the final Green card approval for those with more recent Priority dates with no changes could be anywhere from 3-4 yrs....
So conservatively you would be spending 4* 350 = $1400
Think about it.... what if IV's drive for changes is successful in lobbying for better provisions which reduce OUR wait times even if by a little bit ... lets say ... by one yr .... YOU would INSTANTLY SAVE $350 ... and it multiplies for every year you save waiting for the final approval.
Lets say you contributed $100 today and you saved 1 yr in wait time ...
YOUR Profit is $250 on a $100 contribution in 3 yrs
atleast 250% returns in 3 yrs .... Can any stock market/bond or CDs match that rate of return
Contribute now so that IV can make that profit for YOU
more...
chaukas
10-15 01:39 PM
I work for a large ( very large ) software company ( No its not MSFT or Oracle ).
We have quite a few interns from India and they don't even talk about working here. Their goal is to do a masters and go back to India.
We have quite a few interns from India and they don't even talk about working here. Their goal is to do a masters and go back to India.
ashokmohan
06-07 01:55 PM
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kirupa
01-04 12:10 PM
SirDuke - unless it is a library that comes as a part of a Flash install, then no.
:)
:)
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prem_goel
07-07 01:17 AM
My lawyer who handled my H-1b transfer told me that. I find it logical as well. If you are the beneficiary of an approved H-1B petition, then why can't you go back to that status whenever you want. So I think its correct. however she did mention that she handled the case of a person who was on EAD for about an year. i am assuming his old H-1B petition must've been valid when they filed again.
more...
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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chillfakter
02-11 09:50 PM
ram_ram, I failed to mention that this is my second H-1B, there was a lapse of less than a year between the two H-1Bs, so I guess my current one is considered a "new" one instead of an extension (I could be wrong though).
Why didn't they just give you an I-94 that was valid until Sept 2007, because of it being less than 6 months validity, is that right? Glad it worked out for you :)
tdasara, once again, I hope this is what happens to me as well! Thanks for the response.
Why didn't they just give you an I-94 that was valid until Sept 2007, because of it being less than 6 months validity, is that right? Glad it worked out for you :)
tdasara, once again, I hope this is what happens to me as well! Thanks for the response.
more...
authrd
08-22 12:52 PM
This has been bugging me for a while now. I applied for I-485 in July 2007.
I do not have copies of all H1 approval notices ever issued. I do not have all of my I-94s ever issued.
Per attorney's recommendation, I applied for duplicate copies of I-797 but that will take a few months.
I am wondering what I can do if USCIS asks for all I-797s and I-94s since first ever entry to prove that I have always been in the US legally.
Any thoughts.
Don't want to waste anyone's time. If anyone has been in this situation or knows of anyone that was in a situation like this..that would help.
I want to be proactive and get other documents ready if that is what it'll take.
I do not have copies of all H1 approval notices ever issued. I do not have all of my I-94s ever issued.
Per attorney's recommendation, I applied for duplicate copies of I-797 but that will take a few months.
I am wondering what I can do if USCIS asks for all I-797s and I-94s since first ever entry to prove that I have always been in the US legally.
Any thoughts.
Don't want to waste anyone's time. If anyone has been in this situation or knows of anyone that was in a situation like this..that would help.
I want to be proactive and get other documents ready if that is what it'll take.
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sushilup
08-22 10:37 AM
Hello Guys,
I refresh this site lot of time and I know many more do the same. Probably it brings u closer to GC:)
I know many people put money in stocks...we might start sharing our views and make some money with GC...that will wooooooooooooooooooow:D
What other people think?
I refresh this site lot of time and I know many more do the same. Probably it brings u closer to GC:)
I know many people put money in stocks...we might start sharing our views and make some money with GC...that will wooooooooooooooooooow:D
What other people think?
more...
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english_august
09-10 07:40 AM
Please use expedited shipping to place your orders before 12 PM EST on Monday.
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johnamit
08-02 01:01 PM
I was wanted to know what is the best way to get something from India, please share if you had any experience.
thanks
thanks
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actaccord
01-26 11:46 AM
Pls start the effort to team up and meet the lawmakers.
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mzafar125
10-29 02:12 PM
All u require is
- take the EAD cards
- take some ID like drivers license or passport
- fill this form
Thats it....
http://www.ssa.gov/online/ss-5.pdf
Folks,
I was just reviewing the form, we should select " Legal Alien Allowed to Work" on the SSN application form if we have been issued the EAD card right ? All we need to take along with us is the valid EAD , drivers license, and foreign passport. Do you know how long it takes them to process the SSN.
Do we have to wait for the SSN to apply for a job or can we start working once we have the receipt stating that we have applied for the SSN.
Thanks!
- take the EAD cards
- take some ID like drivers license or passport
- fill this form
Thats it....
http://www.ssa.gov/online/ss-5.pdf
Folks,
I was just reviewing the form, we should select " Legal Alien Allowed to Work" on the SSN application form if we have been issued the EAD card right ? All we need to take along with us is the valid EAD , drivers license, and foreign passport. Do you know how long it takes them to process the SSN.
Do we have to wait for the SSN to apply for a job or can we start working once we have the receipt stating that we have applied for the SSN.
Thanks!
more...
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yabadaba
06-14 08:04 PM
lets say we dont apply for ead and ap now...will that affect filing ead and ap in the future if the priority dates retrogress?
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thakkarbhav
08-26 03:28 PM
Normally in the job ad they specify if they need greencard holder or citizen. If they have not specified and you have job then it is all set. EAD is the document which establish your right to work. so they ask it when you join them. They will take photocopy of it. You need to update them when you renew your EAD.
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Domino
09-12 02:58 PM
Hello,
I have a question about obtaining and O-1 visa (or possibly EB-1 Green Card). I did hire an attorney , but would like another look at the situation.
I am a musician, about 2 months after the end of OPT, presently in USA, with a PhD and many awards so I should qualify for O-1.
As advised, I needed an employer to sponsor the visa. My attorney suggested that Part-time is not recommendable at all. I researched and could not find if the position need to be necessarily Full-time? I have only a part time job currently and many freelancing opportunities.
Also, since the nature of my profession is freelancing (meaning I need to perform, teach...on many different places), can I be self-employed for O-1?
We already filed the petition for O-1 (with the part-time employer as a sponsor) and the current status is: Additional Information/Proof Needed. We still don't have the letter stating what is needed, but I worry it's not a good sign. What do you think?
And lastly, IF it happens that O-1 is not approved, can I still apply for EB-1 Green Card?
Thank you for your answers!
I have a question about obtaining and O-1 visa (or possibly EB-1 Green Card). I did hire an attorney , but would like another look at the situation.
I am a musician, about 2 months after the end of OPT, presently in USA, with a PhD and many awards so I should qualify for O-1.
As advised, I needed an employer to sponsor the visa. My attorney suggested that Part-time is not recommendable at all. I researched and could not find if the position need to be necessarily Full-time? I have only a part time job currently and many freelancing opportunities.
Also, since the nature of my profession is freelancing (meaning I need to perform, teach...on many different places), can I be self-employed for O-1?
We already filed the petition for O-1 (with the part-time employer as a sponsor) and the current status is: Additional Information/Proof Needed. We still don't have the letter stating what is needed, but I worry it's not a good sign. What do you think?
And lastly, IF it happens that O-1 is not approved, can I still apply for EB-1 Green Card?
Thank you for your answers!
Joybose
08-10 04:50 PM
Guys,
I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.
My PD was dec 2005. eb3. India.
Thought i would share with you all.:)
You applied in June 2007 and you got approved in two months? that is awesome, which service center?
I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.
My PD was dec 2005. eb3. India.
Thought i would share with you all.:)
You applied in June 2007 and you got approved in two months? that is awesome, which service center?
mrane1
06-07 08:58 PM
Hi Dhundhun,
Sorry for my late response. After thinking long and hard, I have actually taken ARRA for my health insurance. I have decided not to go for Unemplyment. I read about a specific case somewhere online where an applicant got a RFE on his 485 after applying for unemployement. I am not sure if RFE was because of unemployement, but on that forum a lot of people suspected that applying for umpl could be one of the reasons.
For me, I was really running out of options, without ARRA, health insurance would have costed me over $1500 so I went for it.
Thanks
A friend of mine was laid off few months back and he applied for unemployement benefits. USCIS called his company to check his employement situation before making a decision on his case (he was current at the time). The company said he was laid off and so his 485 was rejected. he has filed a MTR. I dont think the unemployement had anything to do with it. But its better not to apply for any government aid if possible. There are many people who have applied for unemployement. It would be interesting to find out if they had issues during the 485 approval
Sorry for my late response. After thinking long and hard, I have actually taken ARRA for my health insurance. I have decided not to go for Unemplyment. I read about a specific case somewhere online where an applicant got a RFE on his 485 after applying for unemployement. I am not sure if RFE was because of unemployement, but on that forum a lot of people suspected that applying for umpl could be one of the reasons.
For me, I was really running out of options, without ARRA, health insurance would have costed me over $1500 so I went for it.
Thanks
A friend of mine was laid off few months back and he applied for unemployement benefits. USCIS called his company to check his employement situation before making a decision on his case (he was current at the time). The company said he was laid off and so his 485 was rejected. he has filed a MTR. I dont think the unemployement had anything to do with it. But its better not to apply for any government aid if possible. There are many people who have applied for unemployement. It would be interesting to find out if they had issues during the 485 approval
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