xyz2009
08-19 04:11 PM
To xyz2009:
Congratulations on getting approved. My wife traveleved to India in a similar situation. She left 2 days after the GC approval email. She returned yesterday on her H1B. I think the systems at the POE take time to reflect the new status. She was planning to inform the IO in case he/she asks about the GC approval - but they did not ask anything. Before she left, she spoke to a second level IO who said it was OK to travel and just to explain to the IO at POE in case it comes up. D-155 stamp is not done at POE.
Your wife can either use AP or H4.
thanks a lot and my wife is in exact situation. This has made it very clear. Then i will suggest her the same ...enter on H4. Thanks a lot.
Best
Congratulations on getting approved. My wife traveleved to India in a similar situation. She left 2 days after the GC approval email. She returned yesterday on her H1B. I think the systems at the POE take time to reflect the new status. She was planning to inform the IO in case he/she asks about the GC approval - but they did not ask anything. Before she left, she spoke to a second level IO who said it was OK to travel and just to explain to the IO at POE in case it comes up. D-155 stamp is not done at POE.
Your wife can either use AP or H4.
thanks a lot and my wife is in exact situation. This has made it very clear. Then i will suggest her the same ...enter on H4. Thanks a lot.
Best
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whitecollarslave
03-26 01:04 PM
Yes, I am aware about this but in my case I do not have any written or tape recorded evidence. In other guy's case at least he have written proof (Capital One) and that can be the base. Now many companies are doing this so it is ofcourse my assumption that they can do this under "Hire and fire" authority.. And main problem is that, when you are out for a job, you do not stop thinking to takle particular one "no", you want to just move haead and fix your job first.. That is practical reality:)
I appreciate your point of view and bringing forth the practical reality in this situation. However, your attitude and tone, which seems to suggest that this is a lost cause and a helpless situation, is somewhat discouraging.
Nobody is suggesting that you drop your job search, drop everything, and file a law suit. What do you do? You go and find a job elsewhere, of course. You are right, the reality is that employers may ask you questions about your visa/immigration status. But there is a better way to handle such situations. Mark had posted some great tips on that. Even after all that, you may end up in a situation such as yours - where you mentioned that 5 employers told you that they will not hire somebody on EAD. You can remain quiet about it and go about your life, or you can do something about it. Its up to you.
Think about the visa delays, retrogression, etc. You could have stayed quiet and let the lawmakers, employers and the government deal with it or you could have done something about it. There is nothing "illegal" that the government is doing by making you wait years for a green card. But you did not sit quiet about it, did you? You joined the cause of IV, you wrote letters to the President, right?
Employers have the right to make a policy or a hiring decision that they want a person with certain skill set or experience, etc. They can find a tons of reasons not to interview or hire somebody. But race, gender, immigration status, etc. CANNOT be one of the reasons or criteria. This is my understanding of the law. I believe it is written in simple English that an employer CANNOT discriminate or make hiring decisions based on immigration status unless mandated by the job requirement (such as security clearance).
You are blindly assuming that whatever the employers are doing is within legal bounds, without questioning, even when the documents (see I-9 form, or DOL's web site for example) clearly state that such practices are illegal. (I am not a lawyer, this is my understanding of the law.) All I am saying is that if I were in this situation (denied on EAD), I would write to the heads of HR, ask a lawyer if this constitutes discrimination, call the OSC hot line, ask in the forums for employment law, contact ACLU or other civil rights groups. Heck, I am not affected by this (yet), and I still did some of the above because I have the urge to find out if this is indeed discrimination as viewed by the law and if so, do something about it. You don't need written evidence for any of these.
I appreciate your point of view and bringing forth the practical reality in this situation. However, your attitude and tone, which seems to suggest that this is a lost cause and a helpless situation, is somewhat discouraging.
Nobody is suggesting that you drop your job search, drop everything, and file a law suit. What do you do? You go and find a job elsewhere, of course. You are right, the reality is that employers may ask you questions about your visa/immigration status. But there is a better way to handle such situations. Mark had posted some great tips on that. Even after all that, you may end up in a situation such as yours - where you mentioned that 5 employers told you that they will not hire somebody on EAD. You can remain quiet about it and go about your life, or you can do something about it. Its up to you.
Think about the visa delays, retrogression, etc. You could have stayed quiet and let the lawmakers, employers and the government deal with it or you could have done something about it. There is nothing "illegal" that the government is doing by making you wait years for a green card. But you did not sit quiet about it, did you? You joined the cause of IV, you wrote letters to the President, right?
Employers have the right to make a policy or a hiring decision that they want a person with certain skill set or experience, etc. They can find a tons of reasons not to interview or hire somebody. But race, gender, immigration status, etc. CANNOT be one of the reasons or criteria. This is my understanding of the law. I believe it is written in simple English that an employer CANNOT discriminate or make hiring decisions based on immigration status unless mandated by the job requirement (such as security clearance).
You are blindly assuming that whatever the employers are doing is within legal bounds, without questioning, even when the documents (see I-9 form, or DOL's web site for example) clearly state that such practices are illegal. (I am not a lawyer, this is my understanding of the law.) All I am saying is that if I were in this situation (denied on EAD), I would write to the heads of HR, ask a lawyer if this constitutes discrimination, call the OSC hot line, ask in the forums for employment law, contact ACLU or other civil rights groups. Heck, I am not affected by this (yet), and I still did some of the above because I have the urge to find out if this is indeed discrimination as viewed by the law and if so, do something about it. You don't need written evidence for any of these.
omved
06-25 05:50 PM
I called the USCIS office today. I am on H1b and my spouse is here on H4. I am filling 485 under EB2..
They said clearly that we need to submit I 864 form for support, not I 134 which few people have mentioned in this forum so far..
So I am going with I 864..
thanks,
They said clearly that we need to submit I 864 form for support, not I 134 which few people have mentioned in this forum so far..
So I am going with I 864..
thanks,
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singhsa3
08-20 09:29 PM
So what are the alternatives?
Yes true but passing of Vise arecapture bill is like waiting for 'Kumbhkaran' to wake up, they've been sleeping for 4-5 years what is the gurantee that they'll not sleep for another 5 years on the immigration bills ?
Yes true but passing of Vise arecapture bill is like waiting for 'Kumbhkaran' to wake up, they've been sleeping for 4-5 years what is the gurantee that they'll not sleep for another 5 years on the immigration bills ?
more...
Apple_fruit
09-24 11:09 AM
what was your I-485 notice date?
aquarianf
06-15 01:09 PM
You or your employer should have a copy of all approved I-797 H1 reciept. Isint the l-94 on there?
What about old employers :)
What about old employers :)
more...
ski_dude12
09-13 06:41 AM
Still waiting... even after dates being current for 2 1/2 months now.
Where is your case now? Any update?
Where is your case now? Any update?
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purplehazea
05-04 06:57 PM
You can consult another attorney if your attorney is giving you this advice. As far as I know, since you have a valid H1B, you should be fine. I would recommend that you file for all your benefits together (485/EAD/AP)
- I am not an attorney so use my advice at your own risk.
- I am not an attorney so use my advice at your own risk.
more...
bejoy_p
09-16 12:01 PM
Thanks to IV for all the information and discussion.
Priority Date: March 31st, 2006 at NSC
Category: EB2
SLUD: 8/18 & 9/4
CPO email: 9/15 (morning)
Decision email: 9/15 (afternoon)
CPO email again: 9/16 (morning)
No approval email yet!!!
Priority Date: March 31st, 2006 at NSC
Category: EB2
SLUD: 8/18 & 9/4
CPO email: 9/15 (morning)
Decision email: 9/15 (afternoon)
CPO email again: 9/16 (morning)
No approval email yet!!!
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inderman
10-23 11:56 AM
@overseas, you should follow up with an email to Ombudsman tellin them u submitted DHS 7001...and also try to call Ombudsman... The number was on one of these threads...
Also, try senator Dianne Feinstein.... Good Luck
Also, try senator Dianne Feinstein.... Good Luck
more...
needhelp!
01-08 04:21 PM
Got email back, my company will send on their letter head.
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Hassan11
05-24 09:04 AM
Cheran,
Did you go through the medical exam yourself??
Is there another blood work required besides the one for HIV and Syphilis?? Thanks
Did you go through the medical exam yourself??
Is there another blood work required besides the one for HIV and Syphilis?? Thanks
more...
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summitpointe
01-24 12:45 PM
I was told if you are going back to your home country, even if you don't have valid US Visa stamped, you don't need a transit visa. When you come back ofcourse you will have a vaild US visa
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jonty_11
06-29 05:33 PM
I want to bathe in beer tonite.!!!!!!!!!!
more...
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crystal
01-14 01:43 PM
i sent the letters
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prioritydate
07-14 02:38 PM
Lets all inundate CNN with our one month's salary slip with all our personal details striked out and highlight federal, state, social security, medicare etc. In that way, we can show our protest and that would stir up the cotroversy, exposing how low life the lou dumbs is ....
more...
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dixie
02-22 09:05 PM
Thanks, but could i still file for a concurrent AOS even though i am currently in the country on a AP?
As far as I know, FB and EB are completely independent of each other. As long as you can prove that you have been in legal status all along, there is nothings stopping you from applying for AOS based on marriage. However, none of us here are legal experts on such niche immigration issues since there wouldnt be too many of us in that situation; so consult an expert attorney asap. In such matters I would not go by advise on a public forum.
As far as I know, FB and EB are completely independent of each other. As long as you can prove that you have been in legal status all along, there is nothings stopping you from applying for AOS based on marriage. However, none of us here are legal experts on such niche immigration issues since there wouldnt be too many of us in that situation; so consult an expert attorney asap. In such matters I would not go by advise on a public forum.
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amsgc
06-26 02:52 PM
The salary in employer letter should match the one in labor or in I 140?
Mine is more in labor than I 140.
Here's what I requested my employer to write in the Letter:
Current salary is XXX.
Salary that will be offered on permant residence will be not less than YYY (mentioned in the labor)
Mine is more in labor than I 140.
Here's what I requested my employer to write in the Letter:
Current salary is XXX.
Salary that will be offered on permant residence will be not less than YYY (mentioned in the labor)
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sri1309
03-12 03:15 PM
Sri,
It is already there in change.gov. I have created long back in January and there were 470 votesup for that idea. I think now that will be in the President's desk. Only thing now we have to do is accelerate this so that it again reaches the Congress.
Sarala,
Not a good answer( but I reallly appreciate your frankness and I know you do speak for most of us here) and I have been doing exactly like this before 3 months. We must keep writing again and again and again. And make as many as we know also do it. It was when someone in this forum told me that I realized this and now I do it every week on change.gov. I write every week.
Obama will not come to you or me and tell us "Nice letter Sri, I read it and am acting on it". He gets 1000s of these everyday and in this economy and everyone wants to write to him., well except us who seems to have some comfort zone. we dont realize till its too late, and when it is, we create a new thread called " I got a pink slip yesterday". No offense,but we must act when we can, and before its late. Pink slip is more painful when you are on H1 than on GC. Right??.
Most of our folks (EB3) as it looks like want to wait.. scared to raise.. but dont realize they can contibute and help the economy.
It is already there in change.gov. I have created long back in January and there were 470 votesup for that idea. I think now that will be in the President's desk. Only thing now we have to do is accelerate this so that it again reaches the Congress.
Sarala,
Not a good answer( but I reallly appreciate your frankness and I know you do speak for most of us here) and I have been doing exactly like this before 3 months. We must keep writing again and again and again. And make as many as we know also do it. It was when someone in this forum told me that I realized this and now I do it every week on change.gov. I write every week.
Obama will not come to you or me and tell us "Nice letter Sri, I read it and am acting on it". He gets 1000s of these everyday and in this economy and everyone wants to write to him., well except us who seems to have some comfort zone. we dont realize till its too late, and when it is, we create a new thread called " I got a pink slip yesterday". No offense,but we must act when we can, and before its late. Pink slip is more painful when you are on H1 than on GC. Right??.
Most of our folks (EB3) as it looks like want to wait.. scared to raise.. but dont realize they can contibute and help the economy.
jsb
09-24 09:04 AM
Another thread tells USCIS offices are shuttling cases around. See below
http://immigrationvoice.org/forum/showthread.php?t=13685
No one is sure where you case has been sent to (at least until you get receipt...or even after that). Weekly updates only tell about the cases each office decided to keep. No one knows about transferred (or yet undecided as to where to send) cases...weekly updates don't apply to them !!!
http://immigrationvoice.org/forum/showthread.php?t=13685
No one is sure where you case has been sent to (at least until you get receipt...or even after that). Weekly updates only tell about the cases each office decided to keep. No one knows about transferred (or yet undecided as to where to send) cases...weekly updates don't apply to them !!!
ramaonline
06-29 08:20 PM
According to the newsflash on murthy and other sites, the AILF is working with several organizations to prevent 485 applications from getting rejected next month. Can IV core work with them to make the case stronger?
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