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gcpool

08-29 09:12 PM

On the application for renewal for EAD (online) there is question

Current Immigration Status:

IF a person is working on EAD so what should be selected.
There is nothing that is close to saying (Pending I-485 or AOS)

The options are

A1"A1: AMBASSADOR, DIPLOMAT
A2"A2: OTHER DIPLOMATIC OFFICIALS
A3"A3: ATTENDANTS OF A-1, A-2
AS"AS: ASYLUM
ASD"ASD: ASYLUM STATUS DENIED
AW"AW: RAW APPLIED FOR AT A PORT
B1"B1: TEMPORARY VISITOR FOR BUSINESS
B2"B2: TEMPORARY VISITOR FOR PLEASURE
BE"BE: BERING STRAIT ENTRIES
C1"C1: ALIEN IN TRANSIT THROUGH U.S.
C2"C2: ALIEN IN TRANSIT TO UN HQ
C3"C3: FRN GOV OFF IN TRANSIT THRU US
C4"C4: TRANSIT WITHOUT A VISA
CC"CC: CUBAN MASS MIGRATION PROJECT
CH"CH: PAROLEE (HUMANITARIAN/HQ AUTH)
CP"CP: PAROLEE (PUBLIC INT/HQ AUTH)
D1"D1: ALIEN CREW DEPART SAME VESSEL
D2"D2: ALIEN CREW DEPART OTHER VESSEL
DA"DA: ADVANCE PAROLE (DISTRICT AUTH)
DE"DE: PAROLEE (DEFERRED INSPECTION)
DT"DT: PAROLEE (DISTRICT/POE AUTH)
E-1 Dependent"E-1 Dependent: SPOUSE/CHILD of E-1
E-2 Dependent"E-2 Dependent: Spouse/Child of E-2
E1"E1: TREATY TRADER/SPOUSE/CHILDREN
E2"E2: TREATY INVESTOR/SPOUSE/CHILD
EAO"EAO: EMPLOYMENT ADVISORY OPTION
EWI"EWI: ENTRY WITHOUT INSPECTION
F1"F1: STUDENT - ACADEMIC
F2"F2: SPOUSE/CHILD OF F-1
FUG"FUG: FAMILY UNITY GRANTED
G1"G1: PRINCIPAL REP. FOREIGN GOVT
G2"G2: OTHER REP FOREIGN GOVT
G3"G3: REP NON-RECOGNIZED FOREIGN GOV
G4"G4: OFFICER/EMPLOYEE INTL. ORG.
G5"G5: ATTENDANTS OF G1, G2, G3, G4
GB"GB: VISITOR WITHOUT A VISA 15 DAYS
GT"GT: VISITOR WITHOUT A VISA 15 DAYS
H1"H1: ALIEN OF DIST MERIT & ABILITY
H1A"H1A: REGISTERED NURSE
H1B"H1B: SPECIALITY OCCUPATION
H1C"H1C: Nurse Relief
H2"H2: TEMPORARY LABOR CERTIFICATION
H2A"H2A: TEMPORARY AGRICULTURAL WORKER
H2B"H2B: TEMPORARY NON-AG WORKER
H3"H3: ALIEN TRAINEE
H3A"H3A: TRAINEE
H3B"H3B: SPECIAL EDUCATION TRAINING
H4"H4: SPOUSE/CHILD OF H-1 THRU H-3
I"I: FOREIGN PRESS
IMM"IMM: IMMIGRANT
IN"IN: INDEFINITE PAROLE
J1"J1: EXCHANGE VISITOR
J2"J2: SPOUSE/CHILD OF J-1
K1"K1: ALIEN FIANCE(E) OF USC
K2"K2: CHILD OF K1
K3"K3: SPOUSE OF USC
K4"K4: CHILD OF USC
L1"L1: INTRA-COMPANY TRANSFEREE
L1A"L1A: MANAGER OR EXECUTIVE
L1B"L1B: SPECIALIZED KNOWLEDGE ALIEN
L2"L2: SPOUSE/CHILD OF L-1
LZ"LZ: BLANKET L PETITION
M1"M1: STUDENT - VOCATIONAL/NON-ACAD.
M2"M2: SPOUSE/CHILD OF M-1
ML"ML: PAROLEE-MEDICAL, LEGAL, HUMAN
N8"N8: PARENT OF SPEC IMMIGRANT CHILD
N9"N9: SPOUSE/CHILD OF N8
NATO-1"NATO-1: PRINCIPAL REP. OF NATO MEMBER
NATO-2"NATO-2: OTHER REP. OF NATO MEMBER
NATO-3"NATO-3: CLERICAL STAFF FOR N-1, N-2
NATO-4"NATO-4: OFFICIALS OF NATO_ION
NATO-5"NATO-5: EXPERTS EMPLOYED BY NATO
NATO-6"NATO-6: CIVILIAN COMPONENT OF NATO
NATO-7"NATO-7: ATTENDANTS OF N-1 THROUGH N-6
O1"O1: ALIEN W/EXTRAORDINARY ABILITY
O1A"O1A: EXTRAORDINARY ALIEN - NON-ARTS
O1B"O1B: EXTRAORDINARY ALIEN IN ARTS
O2"O2: ACCOMPANYING ALIEN TO O1
O3"O3: SPOUSE/CHILD OF O-1, O-2
OP"OP: PAROLEE (OVERSEAS AUTHORIZED)
P1"P1: ATHLETE OR ENTERTAINER
P1A"P1A: ALIEN WITH ATHLETIC EVENT
P1B"P1B: ALIEN WITH ENTERTAINMENT GROUP
P1S"P1S: SUPPORT PERSON OF P-1
P2"P2: EXHANGE ARTIST/ENTERTAINER
P2S"P2S: SUPPORT PERSON OF P-2
P3"P3: UNIQUE PGM ARTIST/ENTERTAINER
P3S"P3S: SUPPORT PERSON OF P-3
P4"P4: SPOUSE/CHILD OF P-1, P-2, P-3
PAR"PAR: PAROLEE
PI"PI: PACIFIC ISLANDER
Q1"Q1: INTL CULTURAL XCHG VISITORS
Q2"Q2: IRISH PEACE PROCESS PARTICPNTS
Q3"Q3: SPOUSE/CHILD OF Q2
R1"R1: RELIGIOUS OCCUPATION
R2"R2: SPOUSE/CHILD OF R-1
RE"RE: REFUGEE
RE5"RE5: HAITIAN W/GRANTED REFUGEE STAT
RW"RW: RAW APPLIED FOR AT A US CO
S1"S1: SPECIAL AGRICULTURAL WORKER
S2"S2: SPECIAL AGRICULTURAL WORKER
S5"S5: INFORMANT OF CRIMINAL ORGANIZATION INFORMATION
S6"S6: INFORMANT OF TERRORISM INFORMATION
S9"S9: EMERGENCY FARM WORKER
SDF"SDF: SUSPECTED DOCUMENT FRAUD
ST"ST: STOWAWAY
T1"T1: VICTIM OF SEVERE FORM OF TRAFK
T2"T2: SPOUSE OF T1
T3"T3: CHILD OF T1
T4"T4: PARENT OF T1
TB"TB: SPOUSE OR CHILD OF CAN. FR
TC"TC: CANADIAN FREE TRADE AGREEMENT
TD"TD: NAFTA DEPENDENT
TN1"TN1: NAFTA PRINCIPAL (CANADA)
TN2"TN2: NAFTA PRINCIPAL (MEXICO)
TPS A-12"TPS A-12: APPROVED FOR TPS ON FORM I-821
TWO"TWO: TRANSIT WITHOUT A VISA
U1"U1: VICTIM OF CRIMINAL ACTIVITY
U2"U2: SPOUSE OF U1
U3"U3: CHILD OF U1
U4"U4: PARENT OF U1
UN"UN: UNKNOWN
V1"V1: SPOUSE OF LPR
V2"V2: CHILD OF LPR
V3"V3: DEPENDANTS OF V1 OR V2
WB"WB: VISITOR FOR BUSINESS - VWPP
WD"WD: WITHDRAWL (I-275)
WI"WI: WITHOUT INSPECTION
WT"WT: VISITOR FOR PLEASURE - VWPP

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adreg

06-05 08:41 AM

My last annual H1B extension ritual (8th year) took 10 months. The corresponding H4 extension was approved in 1 month though. No RFEs etc. Go figure :)

I am gearing up for this year's ritual again now -- hope its less than 10 months this year ..

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MA001

10-30 01:31 PM

See this link, give your comments ( I suggest to be brief & to the point).

http://blogs.usatoday.com/oped/2006/10/immigration_is_.html

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manderson

07-17 10:43 AM

if u want to change emplpyer you can transfer H1 via premium process to another employer in 2 weeks. you only need paystubs to prove that you were employed for the last 4 yrs.

as per GC even if you can get your new employer to file it but can't get paperwork from old employer, u'r desparate and wanna file now: u can try substituting ther labor, 140 and experience letter with following (but please know that it might be rejected by USCIS):
- copies of previous labor and 140 can by usually obtained by filing a Freeedom Of Information Act (FOIA) request through your own (trusted) lawyer. but it will take a couple of months -- in the meantime u could try filing through own lawyer with printouts of approved cases statuses (from USCIS website) along with 797 notices (receipt notice with LIN/ WAC number). hope that USCIS will send an RFE for actual paperwork
- substitute experince letter with 2 affidavits of experience from 2 co-workers and paystubs

Disclaimer: Please know that I am not a lawyer so I might be wrong. Please ask an immigration lawyer for advice.

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morchu

05-04 12:37 PM

AR11 is legal requirement. And that is the first step.

But apparently USCIS system doesnt update your address on pending applications, with a seach by Name. So in the second step, you need to provide the application receipt numbers and update your address on them.

What is the second step you are referring to? I thought only an online AR-11 is good enough.

I will be changing my address next month (same zip code and state).

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rdehar

07-20 12:26 PM

Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.

This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:

1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );

2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);

3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );

4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );

5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;

6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;

7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;

Please draw your own conclusion(s).



By the way,

*. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!

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reddymjm

04-24 09:32 AM

Good Question. Why no one from IV posted that yet?

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whiteStallion

10-09 02:23 PM

I used my H1B since that had a further date of expiry than my EAD but when my next renewal comes up I guess I will have to show EAD as my H1B will be in process of being renewed then.......

Might have to keep alternating if you have a choice......its kind of an irritant for sure........DMV has no issues with our status when they want us to renew our registrations :mad:

If I am paying my taxes as a resident then I should get the same benefits... :rolleyes:

I completely agree with you but I afraid things are only going to get worse, just like the US economy, for the immigrants...

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pcs

08-01 09:31 AM

bump

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akred

02-22 06:11 PM

50,000 visas were recaptured for Schedule A occupations - nurses and physical therapists. That is why both India and Philippines got more numbers in FY 2006.

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chanduv23

12-09 12:38 PM

Come on folks. So many people visit IV everyday. This time IV needs funds for lobbying. All you have to do is to contribute. So please

CONTRIBUTE CONTRIBUTE CONTRIBUTE

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hebron

04-03 03:40 AM

I can apply for 3 years H1-B extension (8,9 and 10th year) based on my approved I-140. However, my Indian passport expires in August 2008. Does this have anything to do with H1-B extension? Will I geet 3 years extension?

Can I renew my passport now before applying for my H1-B extn? Can I get my passport renewed before 6 months of expiry?

Kindly help.

Thanks!

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kirupa

11-21 05:42 AM

The poll will go live tomorrow (Saturday) :)

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caond

05-07 10:32 AM

Thank you so much Raysaikat ! The below is the explanation for 22 C.F.R. � 62.42. Do you think it's applicable for my case ? Thanks again.

� 62.42 Transfer of program .

62.42(a)
(a) Program sponsors may, pursuant to the provisions set forth in this section, permit an exchange visitor to transfer from one designated program to another designated program.

62.42(b)
(b) The responsible officer of the program to which the exchange visitor is transferring:

(1) Shall verify the exchange visitor's visa status and program eligibility;

(2) Execute the Form DS-2019; and

(3) Secure the written release of the current sponsor.

62.42(c)
(c) Upon return of the completed Form DS-2019, the responsible officer of the program to which the exchange visitor has transferred shall provide:

(1) The exchange visitor his or her copy of the Form DS-2019; and

(2) A notification copy of such form to the Department of State.

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a.j.2048

01-14 07:52 PM

Here's one with an Indian connection collecting money for a Haitian NGO-

Sewa USA | Service to humanity is service to God (http://www.sewausa.org/)

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cmphr

03-29 02:06 PM

My friend's PERM got approved in 5 days in Dec '09. His I-140 got approved in 3 weeks in March '10. This could be an exceptional case as I have not seen any other such approvals..

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a_yaja

09-14 01:17 PM

bc_rp,
Thanks for your reply.
For some reason even I just received the LC approval, the company attorney mention that the visa number is not available yet so that he can apply for I-140 and I-485 together. As I understand the visa number is the PD?

Also what you mentioned is that there is no point of apply for I-140 now to port the PD to a new filing case because the PD is always current? Is that when you meant.

Thanks

Are you sure that you are EB2 and not EB3? EB3 is not current for ROW (which is your chargeability). If you are EB2, then I am not sure why your attorney did not file I-140 & I-485 together (but since you mentioned you used premium processing - maybe you cannot apply for I-485 till I-140 is approved - I am not sure - just guessing here).

You really do not need to worry about PD porting if your new I-140 is going to be applied under EB2 category. EB2 is current for ROW. You can take a look at the link provided by bc_rp.

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franklin

12-12 11:49 PM

It depends on the terms of the contract.

I think Washington is an "At Will" employment state, so no matter what a contract says, its pretty much !#*$. I'd do some research if I were you -google, get some state specific employment law advice, check your employee handbook etc.

At Will means that either side (employer or employee) can end a contract at any point, AFAIK

Employee handbook should spell it out. I guess they "could" force you to use your PTO - don't know of the legality in that.

Just my opinion, not legal advice:o

Quick search online got this:-

At Will

In Washington, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it is not illegal. Generally, employees that work under an employment contract can only be terminated for reasons specified in the contract. In Washington, in order to overcome the at-will presumption, an employee must show that the employer made clear and unequivocal statements of job security to the employee.

The most common exception to employment-at will is for public policy. This holds that an employee is wrongfully discharged if the termination is counter to an explicit policy of the government. One example is the discharge of an employee for filing a workers' compensation claim.

Employee Handbooks

While an employer is not required by law to have an employee handbook, in most cases, it is recommended. An employee handbook provides a centralized, complete and certain record of the employer's policies and procedures. It also provides more convenient access by employees and managers. At a minimum, an employee handbook should include:

* A statement regarding the at-will employment relationship
* An equal employment opportunity statement
* A policy regarding sexual and other types of harassment in the workplace
* Internet access, e-mail, and voice mail policies
* The Family Medical Leave Act

In Washington, in limited circumstances, the at-will presumption can be overcome and a just-cause employment relationship can be created by an employee's legitimate expectations that are grounded in an employer's policy statements. The employee has to show that the employer, through the employee manual or otherwise, made representations or promises that termination would be only for just cause.

The laws regarding an employer's duties and responsibilities arising under an employee handbook are complex, and a licensed attorney should be contacted to review individual circumstances.

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webm

06-02 07:58 PM

Send it to TSC..which make sense..

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spdy_mn

08-10 11:06 AM

R u sure? Mine don't match - where did u get this info?

But it will be there in the G325 A where we enter the address for the past 5 years. That should cover it, if at all this is an issue.

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GCmuddu_H1BVaddu

05-19 09:03 PM

Dude snathan,

I am not responding to you for this response, I have seen your responses before.

You definetly need to consider taking this How to Communicate with Diplomacy, Tact and Credibility (http://www.amanet.org/training/seminars/How-to-Communicate-with-Diplomacy-Tact-and-Credibility.aspx)

Take it easy buddy, trying to help you....



Then whats the purpose of AP....?

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