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Thanks Q -
Nishant is a guru vizcard is a pandit, how do we go about these designations just curious :)
Nishant said that he was pinged by Krishnav , are you guys on a messenger ?
If I travel on a AP come back withougt getting my H1B Stamped (use my AP) , Can I still use my H1B or am I considered to be on EAD once I enter ?
A. You earn designations by accumulating more posts - I think the designation changes after every 100 posts. This applies for all designations except Guru I think.
B. There is a private message facility on this forum - you can communicate with other members through that.
C. Using an AP does not mean that you are out of your H1B. As long as you continue to be with the same employer, you can continue to be on H1B regardless of you using AP or not for travel.
Quote:
Originally Posted by Desperate8
Krishnav Very happy for you. All the best.
Indeed it is high time now that Leo and Teddy get theirs!
Quote:
Originally Posted by krishnav
Congrats Krishnav !
Quote:
Originally Posted by krishnav
Imdeng, I was under the impression that if I don't get my visa stamped and then uses EAD+AP to enter US that means I'm no longer on H1 but on EAD.Quote:
Originally Posted by imdeng
So,why everyone one tells to have h1...? just curious.
Using AP does not automatically move you out of H1B. If you look through past posts by Q and Spec here, you will find that we had this discussion recently. I don't recall the specifics right now - but the conclusions was that you can use AP for entry and continue being on H1 - and you should stay on H1 for as long as you can until the GC approval happens.
Quote:
Originally Posted by codesmith
This is what i have been told. If you use EAD validity of H1B gets void. You need to fill I9 form if you want to use EAD. Using AP for entry in to US does not mean you are using EAD.
http://en.wikipedia.org/wiki/I-9_(form)
Quote:
Originally Posted by imdeng
As a rule, don't combine EAD and AP (even though they are on the same card). One is a work permit the other is a travel doc (similar to being on H1 status vs having a H1 stamp on your passport). You can travel using AP and still maintain your H status. Using EAD ends your H status. As imdeng points out, its better to stay on H as long as possible.
Gurus - any comments on my earlier question ? quoted here.Quote:
Originally Posted by vizcard
Hi Gurus,
need your help, I just got today "Notice of intent to denial 485", This is my situation, need your advise.
My Priority date : Aug 15 2006, Job role : Programmer Analyst
EAD/AP Approval : Feb/March 2007
As you guys all know it retrogressed in 2007 and current again in 2011.
I was with the same employer until 2010 November and changed the job in Nov 2010, my new Role at new employer is "Startegy Architect" .
2011 Feb - Old Employer revoked 140
2011 May - AC21 with new Job description , same IT field but job descption is "Startegy Architect" ( it's kind of promotion for "Programmer Analyst" )
2012 Feb - "Notice of intent to denial 485" and requested for more information on denial.
Can someone please advise if anybody else got this kind of notice ? and also can someone tell me how can one doesn't change his role from 2006 to 2011 without acception any promotion. seems normal case but Immigration officer point of view it could be something suspicious, Can you guys advise how can I support my situation and what should I do immediately, they gave 30 days and asked me to send job descrption.
while filing AC21, my lawer didn't give the new job description but employement says new job role.
As a rule, don't combine EAD and AP (even though they are on the same card). One is a work permit the other is a travel doc (similar to being on H1 status vs having a H1 stamp on your passport). You can travel using AP and still maintain your H status. Using EAD ends your H status. As imdeng points out, its better to stay on H as long as possible.
---------------
There is an article from Ron which nishant posted a couple of days back. Please read that and there is practically no advantage to continue on H1 if one is in 6+ years ...
I remember that article and I don't quite agree to it. The article essentially says H1 >= EAD with likely that H1 = EAD, it never says that EAD > H1 - so staying conservative, I still maintain that its a good idea to stay on H1 for as long as possible.
Quote:
Originally Posted by khushraho
The key point i got from that article is, if one's 485 got denied and he is in 6+ years, there is no way he can go back to H1..
If that is correct, what is the advantage of maintaining it...
My PD was current of Feb 1st and I received all my receipts yesterday.
My priority date is listed as Feb 1st, 2012 (Received Date) instead of Oct 26th, 2009 (Priority date). I know its mentioned on receipt that "....the PD does not reflect earlier retained pd's".
Has anyone seen this before? Do I need to call USCIS to update the information?
Thanks,
Kumar
My take on this, better stay on H1B until 485 is approved.
Simple reason if Primary 485 gets denied it makes whole out of status immediately. Where as if you stay on H1B, you are in status-quo. We all were waiting on H1B so long, why not some more time rather than taking risk.
Quote:
Originally Posted by khushraho
Are u the primary applicant?Quote:
Originally Posted by kumar78
We have seen this for dependents. If u r primary please consult ur lawyer.
If you are Primary then your PD field should show your actual PD. Anything else needs follow up with USCIS I guess.
Quote:
Originally Posted by kumar78
Quote:
Originally Posted by brrr5h
http://www.immihelp.com/greencard/ad...-employer.html
What was your old title and role vs new title and role? I think coming up with a good justification of how similar your job is what they would be looking for. Probably the officer could have got confused with the word Architect. Which could mean different things.
Gurus/members anyone faced such situation earlier?
Thx Imdeng/Leo4,Quote:
Originally Posted by leo4ever
My confusion or misunderstanding was I have to HAVE Ead and AP and use it to enter US if my visa is not stamped. I didn't know that I can still use my H1 and AP to enter US instead of EAD.
By the way what forms/procedure - need to follow at the port of entry if using AP and onot having stamped H1 ?
Below is from Murthy.Com.Quote:
Originally Posted by brrr5h
Question 5 : What is meant by "same or similar" job? TOP
The position must have the same essential job duties. For example, in the computer field the position can use different software and computer languages but it must require the same basic functions to be performed. A programmer is still a programmer, even if using different languages or working on a different application. A baker is still a baker, whether making bread, rolls, muffins, or croissants. The narrowest interpretation would consider the position to be under the same category in the Dictionary of Occupational Titles or the O*NET published by the Department of Labor. This narrow interpretation is the USCIS position as mentioned in the June 2001 USCIS Interim Guidance on AC21. However, we have lobbied for a broader and more liberal interpretation with senior USCIS officers at various meetings. In practice, the USCIS has agreed that the AC21 law does not limit it to an identical DOT or O*Net code and has approved many cases throughout the local USCIS offices and the USCIS Service Centers in which the new position does not match the earlier job with respect to DOT Code or O*Net classification.
Folks, looking at trackitt it looks like PERM approvals are picking up compared to January but so are denials and audits.
Is this going to be a redux of Aug 2008 blanket auditing?
Is it an election year thing?
Same procedure as H1, present your passport and AP card at POE. They will likely make you go through a secondary inspection - essentially a short interview - nothing to worry about - it just adds some time to your overall wait. Thats it.
Quote:
Originally Posted by codesmith
My take on this, better stay on H1B until 485 is approved.
Simple reason if Primary 485 gets denied it makes whole out of status immediately. Where as if you stay on H1B, you are in status-quo. We all were waiting on H1B so long, why not some more time rather than taking risk.
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I was under this same imp;ression till I read that . If Ron's post is true,This is what he is saying
: Extension after 6 years is contigent upon your 485 approval.
: As long as it is pending , you are okay.
: The moment it gets denied, your H1 also gets automatically invalid.
: So you are out of status either way.
This helps only those guys who are inside their first 6 years. Those folks can go back to their H1 status.
Ron is wrong, I think. If I 485 gets rejected but your I 140 is valid , your H1B is good because its based on I 140 . If your I 140 gets rejected then H1b based on that I 140 also in trouble. Once you pass 180 days I 140 withdraw from ex employer does not matter.Quote:
Originally Posted by khushraho
Quote:
Originally Posted by Kanmani
Kanmani,Quote:
Originally Posted by Kanmani
Yes I did miss it.
Here is the CP rate for EB2-IC (I think that is what you are interested in) for the past:
FY ------- China ---- India
FY2000 -- 2.63% -- 11.52%
FY2001 -- 3.77% -- 16.18%
FY2002 -- 3.07% -- 12.79%
FY2003 -- 5.51% -- 12.31%
FY2004 -- 0.94% -- 21.18%
FY2005 -- 1.20% --- 3.22%
FY2006 -- 2.15% --- 3.90%
FY2007 -- 1.24% --- 3.34%
FY2008 -- 1.11% --- 1.20%
FY2009 -- 1.18% --- 0.74%
FY2010 -- 1.08% --- 0.51%
I don't know the reason for the high level before FY2005, but I suspect it was due to the LC backlogs and USCIS processing inefficiencies.
Hi Guys,
I found this link, which is interesting .
many of you guys may already knew it ..
http://www.imminfo.com/News/Newslett...off-dates.html
Regards
Tatikonda
@gc_usa
You are right..It is on 140..See what he is saying
"
The second reason is a concern that if the applicant’s I-485 is denied, the applicant can revert to H-1B status. We believe this to be a specious argument also. Most I-485 denials result from I-140 denials. If your I-140 has been approved, the odds of your I-485 being denied drop to almost zero. The two remaining reasons for I-485 denials are status violations prior to filing and fraud. Both of these reasons impact H-1B validity as well and if an I-485 is denied for either reason, it is doubtful that the applicant would be allowed to resume H-1B status."
Thanks, will follow up with attorney and USCIS.Quote:
Originally Posted by imdeng
Appreciate your help!
I don't think one can maintain H1B when re-entering using AP. I am traveling to India next month and I am still not decided if I should get my Visa stamped. I will be happy if I can avoid the hassle of getting Visa stamped.
http://www.murthy.com/news/n_aostrv.html
Quote:
Originally Posted by imdeng
I feel this I-485 denial and H1b invalid thereafter still remains unexplained. Except Ron, nonbody has touched this topic .
I agree with gc_usa even if I-485 is denied, I-140 remains valid until revokation. In a situation when I-140 is revoked by the employer, then the existing H1b is protected by AC21 for the said period.
Quote:
Originally Posted by khushraho
Hi Gurus,
According to this article, it is better if USCIS does not approve i-485 soon ?? Correct !!
As, if USCIS does not approve many I-485's, DOS would assume that demand is low and it would further move cutoff dates,
but looks like USCIS is approving many cases, which might cause is stall/retrogress in April VB, is my assumptions correct ?
Also, the article said that, [ QUOTE]"So far this fiscal year, the USCIS has approved about 20% fewer cases at this point than they had approved at the same time last year. This means that "demand" is 20% below what it was at the same time last year." [/QUOTE]
what does these above statement mean !!
Please help us understanding above statement ..
Thank you
Quote:
Originally Posted by tatikonda
If your I-140 has been approved, the odds of your I-485 being denied drop to almost zero
--------------
His article is based on this assumption. What are the other possible reasons for 485 denials other than 140 issues?
He is lawyer and may know better than me but If I 485 get rejected because of some medical condition , They can't reject H1b . No where INS says that if person has certain medical condition reject H1b . It is a different story that INS can put person in proceeding to remove status.Quote:
Originally Posted by khushraho
But can't reject H1b. There is a public charge check with I 485 which is not there with H1b. You may get rejected and not allowed to adjust status but still can remain as non immigrant.
Simple thing, even if person has HIV no one stop him/her coming on H1b or any visa because no medical check, but they can't get green card and live here ... its a different story some Eb3 may have to live here 30 years :)
Two thing either these lawyers are stupids or they want to put ambiguous information on their site and have people advertise their article and debate and finally come to them to get legal advise and milk money. Its pure marketing concept.
There are plenty of other reasons where I 485 can get rejected, it I 140 is main then why don't they approve GC after I 140 approval.......Quote:
Originally Posted by khushraho
Good quesiton...No idea :-) . I wish they do..
hmm...This is a wrong argument. Let me stretch it further:
95% H1Bs are potential immigrants (GC), why they don't give GC with H1Bs?
It is a multi-step process. I am sure there are valid reasons for this.
Quote:
Originally Posted by gc_usa
Where in INS books it says 95% h1b are potential gc applicant ? Law doesnot go by your number. You will find many reasons in INS to reject I 485. Now tell me who is wrong and who is right....Quote:
Originally Posted by usernameisnotvalid
Employment based GCs are not the only way to get one. The I140 is required through the EB route. The I485 is AOS, where all routes (family, Employment,etc) come together. In theory they do approve it right away if you can file concurrently.Quote:
Originally Posted by gc_usa
They don't give GCs with H1Bs because that's not the intent of the H1B. If they do make the H1B similar to the GC, it will not be possible for immigrants to get H1Bs. So it will almost force you to return to your home country.Quote:
Originally Posted by usernameisnotvalid
It is a multi-step process, but there is definitely an opportunity to streamline it further. There is no reason why it has to bounce around different departments - DOL, USCIS, DOS, USCIS...There is definitely a better way.
Q, Spec, Nishant, Kamani and Other Gurus,
Please respond to this thread.
Share your thoughts on April VB.
Thanks
Quote:
Originally Posted by tatikonda
Here are the results of some useless time wasting on trackitt:
1. Ratio of India and China in this round of inventory building is completely insane:
a) Number of EB2I Primary cases filed in 2012: 696
b) Number of EB2C Primary cases filed in 2012: 27
I do realize that perhaps EB2C folks don't use trackitt as much as EB2I folks - still 696 vs 27!!
2. EAD/AP times are all over the place. People have gotten EAD in as little as 19 days. Most people fall between 40-60 days though.
3. EB2I Primary filings in recent months:
Feb'12: 216 (so far)
Jan'12: 487
Dec'11: 435
Nov'11: 375
Oct'11: 125
Considering the peak filing time for Feb is gone, it does seem like 2009 has a sparse density especially compared to latter half of 2007 and early 2008 density.