eb3_nepa
05-28 12:25 AM
Hi Guys,
For those who applied for the EAD and it has already arrived (or those who have done the ead renewal b4), when does the new EAD/AP start from?
Say my EAD is expiring on Oct 1 and I apply on June 1 (lets assume every month is exactly 30 days for calculation convenience). Now say my EAD arrives on say Sep 1, then does it start from Sep 1 or does it start on the original Oct 1? I guess my question is, do we lose a few weeks each time we renew the EAD/AP?
For those who applied for the EAD and it has already arrived (or those who have done the ead renewal b4), when does the new EAD/AP start from?
Say my EAD is expiring on Oct 1 and I apply on June 1 (lets assume every month is exactly 30 days for calculation convenience). Now say my EAD arrives on say Sep 1, then does it start from Sep 1 or does it start on the original Oct 1? I guess my question is, do we lose a few weeks each time we renew the EAD/AP?
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coolmanasip
08-16 08:06 PM
Kondur - First, thanks for your reply. Its all volunteer time here and I appreciate your time to help me out.
The way I read it, and its not becos I want to read it like that, the AC21 memo all the time talks about "Same or similar occupational classification" not same/similar job. There is a world of difference here. Same job means we have to be the same engineer or programmer that we were about 4 yrs ago. Thats not the intent of the law. The law says occupational classification, which means job category.....Engineering or whatever we do....so I think there is a difference....
I checked my current SOC code and that is under 17-2051- Civil Engineer...The SOC language also says this "Supervisors of major professions groups 13-29 (including 17) have experience and perform the same duties as the workers they supervise and hence are classified in the same group" ---- This tells me that if you oversee engineers doing technical work, that is fine.
Now, the management part of the "Director" title is a concern. So,if we take that into account, in worst the classification would be under 11-9141- Architectural and Engineering Managers. Which, I believe, would still qualify under the (if not same) similar occupational classification. On DOL website, under 11-9141, in related occupations - one of them is 17-2051 Civil Engineer. So, again, I think we should meet same/similar occupational classification.
I talked to one of the lawyers from Murthy firm, and they seem to see this as meeting the requirements. While she did say that I was pushing the envelope, she said CIS is pretty liberal in this interpretation and would not be an issue.
Having said this, is there a possibility that CIS could get restrictive about their interpretation - absolutely! And there is that risk that would jeopardize the whole process....so, here we are, insulting our own intelligence because an agency would not define in black and white what is acceptable and what is not.....
sorry for a long rant.....have not decide what to do yet.....realistically, GC should be here in another 10 months.....thanks for your time
The way I read it, and its not becos I want to read it like that, the AC21 memo all the time talks about "Same or similar occupational classification" not same/similar job. There is a world of difference here. Same job means we have to be the same engineer or programmer that we were about 4 yrs ago. Thats not the intent of the law. The law says occupational classification, which means job category.....Engineering or whatever we do....so I think there is a difference....
I checked my current SOC code and that is under 17-2051- Civil Engineer...The SOC language also says this "Supervisors of major professions groups 13-29 (including 17) have experience and perform the same duties as the workers they supervise and hence are classified in the same group" ---- This tells me that if you oversee engineers doing technical work, that is fine.
Now, the management part of the "Director" title is a concern. So,if we take that into account, in worst the classification would be under 11-9141- Architectural and Engineering Managers. Which, I believe, would still qualify under the (if not same) similar occupational classification. On DOL website, under 11-9141, in related occupations - one of them is 17-2051 Civil Engineer. So, again, I think we should meet same/similar occupational classification.
I talked to one of the lawyers from Murthy firm, and they seem to see this as meeting the requirements. While she did say that I was pushing the envelope, she said CIS is pretty liberal in this interpretation and would not be an issue.
Having said this, is there a possibility that CIS could get restrictive about their interpretation - absolutely! And there is that risk that would jeopardize the whole process....so, here we are, insulting our own intelligence because an agency would not define in black and white what is acceptable and what is not.....
sorry for a long rant.....have not decide what to do yet.....realistically, GC should be here in another 10 months.....thanks for your time
sagittarian
12-17 03:36 PM
Hi,
My wife is waiting on her H-1B approval. She is on a H-4 currently. The company that sponsored her H-1B is an american fortune 500. This will be her first H-1B and she is in the USA for 11 months now. I have a few questions:
1. To apply for the SSN she would need the original I-797 and the I-94, correct?
2. After she applies at the SSN office, will she be able to see the number immediately (and wait for the card) ?
3. How long does it normally take them for issuing a SSN for a person like her? (H-4 to first time H-1B)?
Thanks in advance.
My wife is waiting on her H-1B approval. She is on a H-4 currently. The company that sponsored her H-1B is an american fortune 500. This will be her first H-1B and she is in the USA for 11 months now. I have a few questions:
1. To apply for the SSN she would need the original I-797 and the I-94, correct?
2. After she applies at the SSN office, will she be able to see the number immediately (and wait for the card) ?
3. How long does it normally take them for issuing a SSN for a person like her? (H-4 to first time H-1B)?
Thanks in advance.
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cooldudesfo
09-11 04:19 PM
http://www.murthy.com/news/n_begbis.html
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rajsenthil
08-17 10:41 AM
Hi,
I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.
Thanks.
I have got valid H1 and B1 (expires 2013) stamped. The consulate did not cancel my B1 when I went for H1. Again it depends on the interviewer, for few of my colleagues, they cancelled the B1 and issued the H1.
I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.
Thanks.
I have got valid H1 and B1 (expires 2013) stamped. The consulate did not cancel my B1 when I went for H1. Again it depends on the interviewer, for few of my colleagues, they cancelled the B1 and issued the H1.
anilsal
12-13 12:01 PM
What on earth makes you legal to work with an expired Visa?
Expired visa stamp. His H1B approval petition with a new I-194 at the bottom provides his work authorization.
To answer your question, since you will need to get a visa stamp in India, it is better to check with the french consulate, as to whether you need one. Typically, the US visa stamp on the passport that has not expired is usually sufficient.
Expired visa stamp. His H1B approval petition with a new I-194 at the bottom provides his work authorization.
To answer your question, since you will need to get a visa stamp in India, it is better to check with the french consulate, as to whether you need one. Typically, the US visa stamp on the passport that has not expired is usually sufficient.
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mattresscoil
11-05 02:42 PM
They might not necessarily ask you, but its always safe to have the below documents.
In our case, they asked us once and the other time, they did not care.
1. Copies of Passport of both the parents (page with picture and name details)
2. A letter authorizing your in-laws to accompany your daughter.
Get it notarized if you can. If not, send the signed copies.
If you need a format for the letter(nothing fancy, was drafted by myself), let me know, I can dig out the one I used.
dipmay2002, never_giveup:
Thanks for the information. I drafted a letter with itinerary, our details, child details, accompanying passenger details, our passport pages, birth certificate. We will get the letter notarized at the bank close by.
Thank you all for the inputs. It feels great to belong to this forum where people respond not only to immigration related queries but general issues that prospective immigrants face. Thanks to those who voice their opinions too ;-)
In our case, they asked us once and the other time, they did not care.
1. Copies of Passport of both the parents (page with picture and name details)
2. A letter authorizing your in-laws to accompany your daughter.
Get it notarized if you can. If not, send the signed copies.
If you need a format for the letter(nothing fancy, was drafted by myself), let me know, I can dig out the one I used.
dipmay2002, never_giveup:
Thanks for the information. I drafted a letter with itinerary, our details, child details, accompanying passenger details, our passport pages, birth certificate. We will get the letter notarized at the bank close by.
Thank you all for the inputs. It feels great to belong to this forum where people respond not only to immigration related queries but general issues that prospective immigrants face. Thanks to those who voice their opinions too ;-)
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honeyB
01-23 04:42 PM
bump
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ayaskant
02-01 09:34 AM
Dude,
My employer filed it on my behalf. I didn't pay anything for it.
I think ur question is unrelated to what I asked.
Try answering my questions if you can.
AK
My employer filed it on my behalf. I didn't pay anything for it.
I think ur question is unrelated to what I asked.
Try answering my questions if you can.
AK
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nefrateedi
07-16 05:12 PM
That could explain why NSC never got the memo. Remember only EB I-485 is in question.
That's incorrect. NSC does accept employment based I-485 applications.
That's incorrect. NSC does accept employment based I-485 applications.
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hsd31
03-20 10:18 PM
Thanks for the replies... I will appreciate some more advise from other members on this situation.
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gc_chahiye
08-15 04:57 AM
Greencard fever -why take so much pain with your gc when you plan to rellocate to india/currently its even hard to predict when can one receive the gc. One can always visit US on tourist visa which is the most easy part. My opinion is only if one does not want to settle in US -
there could be issues getting a tourist visa (non-immigration intent) once you have filed your I-140 here and displayed immigration intent.
there could be issues getting a tourist visa (non-immigration intent) once you have filed your I-140 here and displayed immigration intent.
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logiclife
04-26 06:16 PM
Be careful with what you post on this thread.
Assume that all such threads that have lawmakers name in title may be read by someone in their staff so BE VERY CAREFUL in posting stuff that is a comment on any lawmaker.
Restrain would be a good idea.
Assume that all such threads that have lawmakers name in title may be read by someone in their staff so BE VERY CAREFUL in posting stuff that is a comment on any lawmaker.
Restrain would be a good idea.
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MLS
08-07 05:22 PM
I may be wrong but I remember reading that sometime back US made rule that the h1 stamping can be done only at your home country (country of nationality). So doubel check on that.
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sunnymit
02-17 03:54 PM
The PD for my GC application is Dec 10, 2001. I filed under EB3 category and my chargeability is India. Going by the backlog that we are currently experiencing for EB3, is it worth filing for an upgrade of the GC application from EB3 to EB2 based purely on timelines for both EB3 and EB2?
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snathan
02-21 02:37 PM
I am from India.
Not a good place for GC.....:eek:
Not a good place for GC.....:eek:
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vin13
07-14 09:22 AM
No worries. I have travelled through Frankfort with AP and had no issues. In fact, an officer did ask me for my US visa and i showed him the AP document. Seems to me that frankfort officials do understand the AP document.
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Raj_345
07-11 11:24 AM
Thanks for the response raysaikat... the above information is definitely very helpful for me.
As i understand from your response i will not be subject to cap again if i plan to move from company B (cap-exempt) to company C(non-cap-exempt) as i was already counted once under cap.
However i also want to know when i plan to move from B to C in future, Although C will file a new H1-B petition, can this petition be filed any time during the year? And if approved can i start to work immediately without a gap?
Please advise.
Thanks
As i understand from your response i will not be subject to cap again if i plan to move from company B (cap-exempt) to company C(non-cap-exempt) as i was already counted once under cap.
However i also want to know when i plan to move from B to C in future, Although C will file a new H1-B petition, can this petition be filed any time during the year? And if approved can i start to work immediately without a gap?
Please advise.
Thanks
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chantu
02-29 02:18 PM
Well my employer applied for 140 on "some secret date", that he will not tell us :). So I don't know when he filed. I was under impression that he filed long time back almost a year back and it is approved. Suddenly, I received RFE at my home mail (I was surprised as well my employer..that how it arrived to my address) and I found that my I140 is in limbo state. But blessing in disguise was that now I have my I140 number and A# and I can track it online.
I don't know when exactly he filed my labor too. He just gave me one page to sign on labor. so I don't know any details of that too.
I don't know when exactly he filed my labor too. He just gave me one page to sign on labor. so I don't know any details of that too.
jennyucf
07-19 03:47 PM
Who is the chapter chair in the Indy area? Can we get the contact information?
Thanks! :)
Thanks! :)
gcnotfiledyet
03-17 04:45 PM
I was informed that without I-94 card she cannot be added to my insrurance.
Can anyone suggest me some good insurance I can take online/india for this kind of situation...???
Thanks
Did you even talk to your employer yet? They will ask for marriage certificate and nothing else. Who informed you about I-94? one of your friends/forum members? Are they giving insurance to you.
Go talk to employer/HR/Insurance agent.
Can anyone suggest me some good insurance I can take online/india for this kind of situation...???
Thanks
Did you even talk to your employer yet? They will ask for marriage certificate and nothing else. Who informed you about I-94? one of your friends/forum members? Are they giving insurance to you.
Go talk to employer/HR/Insurance agent.
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