voldemar
03-26 10:10 PM
Hi,
Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?
Thanks,
AndyPeople on H4 not supposed to take job that normally would be paid. They can do trully volunteer job like community service, charity work any other work that don't have to be paid. In your case it's real work, because you will be paid for it after Oct.1. So employer will hire someone else to do this job till that date. If you work unpaid you replace this guy.
P.S. I'm not a lawyer ;)
Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?
Thanks,
AndyPeople on H4 not supposed to take job that normally would be paid. They can do trully volunteer job like community service, charity work any other work that don't have to be paid. In your case it's real work, because you will be paid for it after Oct.1. So employer will hire someone else to do this job till that date. If you work unpaid you replace this guy.
P.S. I'm not a lawyer ;)
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hopein07
03-14 10:04 AM
Canada requires 3yrs plus one year of training in US and then you need to take one exam for Canada and that's it. If she is doing IM or FP residency then she should try to get into one year of Chief residency as well after completing 3 yrs of residency.
Canada has a severe shortage of doctors specially in rural areas but not in the cities like Toronto, Vancouver, Ottawa, Calgary, Windsor, or London. IT jobs are very scarce in Canada but are only in big cities. So, one of the two of you has got to sit at home depending on who decides to work.
Canada has a severe shortage of doctors specially in rural areas but not in the cities like Toronto, Vancouver, Ottawa, Calgary, Windsor, or London. IT jobs are very scarce in Canada but are only in big cities. So, one of the two of you has got to sit at home depending on who decides to work.
ArkBird
06-17 01:54 PM
TOTALLY unknown...
No one knows what they look at and won't look at while deciding on your I485. If you one of the "chosen" one, you may get called for personal interview and I have heard lots of horror stories about the stuff they asked at the interview. At the same most of the people get the GC without hitch.
So, the morale of the story is stop worrying. There is nothing you can do/prepare to effect decision on your I-485. Since you have played by book and assuming you don't have any law related issues, you should be fine.
Cheers
ArkBird
I can empathize. I might me more luckier than you, and there are people *luckier* than me. (You know what I mean..) But, if for some reason I don't get my GC, and you get your GC in a few years, me being lucky to start with is of no use. Nothing is sure till GC is on-hand for anyone.
So, I would appreciate if someone could let me know if there are any disadvantages process-wise when it comes to I-485 adjudication on a pre-approved labor.
Thanks.
No one knows what they look at and won't look at while deciding on your I485. If you one of the "chosen" one, you may get called for personal interview and I have heard lots of horror stories about the stuff they asked at the interview. At the same most of the people get the GC without hitch.
So, the morale of the story is stop worrying. There is nothing you can do/prepare to effect decision on your I-485. Since you have played by book and assuming you don't have any law related issues, you should be fine.
Cheers
ArkBird
I can empathize. I might me more luckier than you, and there are people *luckier* than me. (You know what I mean..) But, if for some reason I don't get my GC, and you get your GC in a few years, me being lucky to start with is of no use. Nothing is sure till GC is on-hand for anyone.
So, I would appreciate if someone could let me know if there are any disadvantages process-wise when it comes to I-485 adjudication on a pre-approved labor.
Thanks.
2011 A deep blue lack hair color
vin13
06-25 10:10 AM
Colbert, Immigrant Farm Workers Challenge Pundits And Unemployed To 'Take Our Jobs' (http://www.huffingtonpost.com/2010/06/24/colbert-immigrant-farm-wo_n_624875.html?ir=Politics)
In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs.
Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy......
So the group is encouraging the unemployed � and any Washington pundits or anti-immigrant activists who want to join them � to apply for the some of thousands of agricultural jobs being posted with state agencies as harvest season begins.
All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at , and experienced field hands will train them and connect them to farms. TAKEOURJOBS.ORG (http://www.takeourjobs.org)
This is really a good one. It clears out some of the misconceptions among the general public.
In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs.
Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy......
So the group is encouraging the unemployed � and any Washington pundits or anti-immigrant activists who want to join them � to apply for the some of thousands of agricultural jobs being posted with state agencies as harvest season begins.
All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at , and experienced field hands will train them and connect them to farms. TAKEOURJOBS.ORG (http://www.takeourjobs.org)
This is really a good one. It clears out some of the misconceptions among the general public.
more...
laborpains
03-18 08:21 AM
Isn't EAD for unrestricted employment as long as your primary job is similar to what was in the labor application?
What if the one's priority date becomes current and USCIS asks for proof of employment? Wouldn't the application be denied?
Hello,
My 2-cents:
1. Your EAD is for unrestricted employment till the AOS is resolved (so, it is not tied to your labor petition)
2. Your AP is a travel document to allow you to travel while AOS is pending (again, not tied to employment)
As such, for all legal purposes, you should be able to pursue education full time. However, any IO at entry post has authority to ask you questions beyond what is legally required, which many a times, includes 'are you still employed with the petitioner'.
This is the tricky part... if the IO has good knowledge of the laws, he would let you in 'cause your petition is for the future job, but a wrong IO can twist and turn the laws to suit his/her point of view and land you in unnecessary trouble.
However, in 99% of the cases, the trouble may mean a few more anxious hours at the port of entry and nothing more. Hope you are able to pursue your education, all the best! :)
What if the one's priority date becomes current and USCIS asks for proof of employment? Wouldn't the application be denied?
Hello,
My 2-cents:
1. Your EAD is for unrestricted employment till the AOS is resolved (so, it is not tied to your labor petition)
2. Your AP is a travel document to allow you to travel while AOS is pending (again, not tied to employment)
As such, for all legal purposes, you should be able to pursue education full time. However, any IO at entry post has authority to ask you questions beyond what is legally required, which many a times, includes 'are you still employed with the petitioner'.
This is the tricky part... if the IO has good knowledge of the laws, he would let you in 'cause your petition is for the future job, but a wrong IO can twist and turn the laws to suit his/her point of view and land you in unnecessary trouble.
However, in 99% of the cases, the trouble may mean a few more anxious hours at the port of entry and nothing more. Hope you are able to pursue your education, all the best! :)
needhelp!
08-31 01:45 PM
Well if only I had known that 5 years back :)
more...
bmoni
01-22 04:33 PM
Talk to your attorney. I think recent supreme court rule gives us the ability to appeal it. If it was an wrongful denial.
Don't lose your hope. Keep up the fight.
Don't lose your hope. Keep up the fight.
2010 Red hair with londe
theOne
09-09 03:13 PM
What is the difference between 1099 and W2 ?
Thanks,
theOne
Thanks,
theOne
more...
gbof
09-30 04:08 PM
I liked the tone and tenor of aila. What surprises me the most is there is NO work audit at uscis and they feel all powerful to scare/ trouble at their whim...
I got a RFE asking for I-612 approval from uscis. This was not at all required as the same was attached with I-485 filing. Moreover, without this approval H1B could not be filed and subsequently extended.
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhbxZl9Wll-kf2bv9WGnKjPkbl324Fbb9AW6TVa-UzAs5krVUAmtC1oNktaHBig136kXkyc0v6n-5MLBynBynUCgKI7NcxBxB4dOgoKNYOqd0x9Q-BPkrSZeeU-w0r_T0ZXpeySWAyyKOw/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhbxZl9Wll-kf2bv9WGnKjPkbl324Fbb9AW6TVa-UzAs5krVUAmtC1oNktaHBig136kXkyc0v6n-5MLBynBynUCgKI7NcxBxB4dOgoKNYOqd0x9Q-BPkrSZeeU-w0r_T0ZXpeySWAyyKOw/s1600-h/RFE+FROM+HELL.JPG)
Dear Director Mayorkas:
Last week in a speech you broached the subject of the possible need to increase filing fees because of a decrease in the number of applications received by USCIS this fiscal year. You also noted that there was over $100 million shortfall in your budget because of these decreased filings. I have some suggestions to meet your budget.
First, look at your budget projections from this last year. Last October, who didn't see the recession? Why weren't reductions in force made at that time? On April 1 when only 33% of the H-1B applications were filed as compared to the year before, why didn't USCIS staff get pared down? A monumental increase in naturalization applications occurred before the Presidential elections (as they do every 4 years), who did not not see a decrease in naturalization applications for 2009! My heck, every business in America was laying off employees, but not USCIS!
Second, have a heart to heart talk with anyone who issues an RFE that requires more than 5 pages to respond to. This last week we submitted a 3,000 page (30 lb.) response to an RFE (see the picture above), which alleged that an Accountant was not a professional position! Director, what is the deal with your Service Centers? Is there simply too little to do and too many employees? The "service" we are receiving as your customers is not doing the American Economy any good.
Third, why are the local adjudications officers interviewing non-current priority date visa applicants, including on Saturdays in September! You are paying OVERTIME to examiners to interview people who cannot be approved for their green cards. What sense does that make?
I have many other ideas as well if you would like to chat. The bottom line is this. The agency you have just taken over is in serious need of a top to bottom review. You have a monstrous challenge ahead of you to bring this agency in line with the priorities it should have. Priorities that not only include national security, but also ensuring our own economic well being and competitiveness by promoting job growth and allowing companies to hire qualified workers, keeping families together through reunification, and bringing new citizens into the fold.
You need to get control of service centers, where officers are issuing, at increasingly frequent rates, Requests for Evidence that are not only unnecessary, but which are onerous and burdensome, and appear to be designed to make the employer give up his request for the visa application. You have local offices finding marriage "fraud" where no such fraud exists. You have CIS doing 25,000 random walk ins of legitimate U.S. employers of H-1B workers, disrupting the workplace asking questions about the H-1B employer, without regard to a lawyers appearance in the case in clear violation of the 6th Amendment. The list could go on about what your agency is doing wrong. And, while there are things USCIS does right, the reality is that rather than serving immigrants and their employers, you are punishing them.
So, before you raise your fees, I think you MUST first get your own house in order. You should not and cannot honestly balance your budgetary disaster on the backs of the employers and immigrants you are committed to serving.
With all sincerity, I wish you the best of luck in your new position.
https://blogger.googleusercontent.com/tracker/186823568153827945-2662713464097056944?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
I got a RFE asking for I-612 approval from uscis. This was not at all required as the same was attached with I-485 filing. Moreover, without this approval H1B could not be filed and subsequently extended.
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhbxZl9Wll-kf2bv9WGnKjPkbl324Fbb9AW6TVa-UzAs5krVUAmtC1oNktaHBig136kXkyc0v6n-5MLBynBynUCgKI7NcxBxB4dOgoKNYOqd0x9Q-BPkrSZeeU-w0r_T0ZXpeySWAyyKOw/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhbxZl9Wll-kf2bv9WGnKjPkbl324Fbb9AW6TVa-UzAs5krVUAmtC1oNktaHBig136kXkyc0v6n-5MLBynBynUCgKI7NcxBxB4dOgoKNYOqd0x9Q-BPkrSZeeU-w0r_T0ZXpeySWAyyKOw/s1600-h/RFE+FROM+HELL.JPG)
Dear Director Mayorkas:
Last week in a speech you broached the subject of the possible need to increase filing fees because of a decrease in the number of applications received by USCIS this fiscal year. You also noted that there was over $100 million shortfall in your budget because of these decreased filings. I have some suggestions to meet your budget.
First, look at your budget projections from this last year. Last October, who didn't see the recession? Why weren't reductions in force made at that time? On April 1 when only 33% of the H-1B applications were filed as compared to the year before, why didn't USCIS staff get pared down? A monumental increase in naturalization applications occurred before the Presidential elections (as they do every 4 years), who did not not see a decrease in naturalization applications for 2009! My heck, every business in America was laying off employees, but not USCIS!
Second, have a heart to heart talk with anyone who issues an RFE that requires more than 5 pages to respond to. This last week we submitted a 3,000 page (30 lb.) response to an RFE (see the picture above), which alleged that an Accountant was not a professional position! Director, what is the deal with your Service Centers? Is there simply too little to do and too many employees? The "service" we are receiving as your customers is not doing the American Economy any good.
Third, why are the local adjudications officers interviewing non-current priority date visa applicants, including on Saturdays in September! You are paying OVERTIME to examiners to interview people who cannot be approved for their green cards. What sense does that make?
I have many other ideas as well if you would like to chat. The bottom line is this. The agency you have just taken over is in serious need of a top to bottom review. You have a monstrous challenge ahead of you to bring this agency in line with the priorities it should have. Priorities that not only include national security, but also ensuring our own economic well being and competitiveness by promoting job growth and allowing companies to hire qualified workers, keeping families together through reunification, and bringing new citizens into the fold.
You need to get control of service centers, where officers are issuing, at increasingly frequent rates, Requests for Evidence that are not only unnecessary, but which are onerous and burdensome, and appear to be designed to make the employer give up his request for the visa application. You have local offices finding marriage "fraud" where no such fraud exists. You have CIS doing 25,000 random walk ins of legitimate U.S. employers of H-1B workers, disrupting the workplace asking questions about the H-1B employer, without regard to a lawyers appearance in the case in clear violation of the 6th Amendment. The list could go on about what your agency is doing wrong. And, while there are things USCIS does right, the reality is that rather than serving immigrants and their employers, you are punishing them.
So, before you raise your fees, I think you MUST first get your own house in order. You should not and cannot honestly balance your budgetary disaster on the backs of the employers and immigrants you are committed to serving.
With all sincerity, I wish you the best of luck in your new position.
https://blogger.googleusercontent.com/tracker/186823568153827945-2662713464097056944?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
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cooldude
07-27 10:06 PM
My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail the AP approval directly at our home address.
I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
Please reply. Thanks a lot.
I am not sure.
I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
Please reply. Thanks a lot.
I am not sure.
more...
kumjay
06-28 03:49 PM
It's 1947...Now we know not to listen to you :p
Yeh....1947. Sorry about that.....
Yeh....1947. Sorry about that.....
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rmutyala
07-14 07:39 PM
Houston
more...
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gova123
08-02 05:37 PM
I am sorry for posting in here, but I was wondering if someone actually went in person to the Houston Consulate to get their passport renewed. Also, do we need to have any reason to attend in person at the Consulate such as emergency, etc.
I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.
Thanks a bunch
I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.
Thanks a bunch
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gchopes
08-04 09:41 AM
The following message from murhy forum over 3 years ago is still true. Correct? I cannot mail the renewed parole to my wife if she stays beyond the expiry of current parole.
--
It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.
In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.
---
--
It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.
In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.
---
more...
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GC_dd
10-15 02:19 PM
I was on L1 got h1b and started working for h1b employer in Oct 2007. meanwhile my wife and kid traveled to India and in Chennai consulate got 221g for latest salary slips in April 2008. in 2 weeks they got h4 stamped. after one year I traveled to India in July 2009 and got h1b stamped.
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IndiaNJ
08-20 12:11 PM
My 485 got approved on 8/8/8 , where as wife's case is still pending , my wife called the 1.800 number , they told it has been assigned to the officer , and he has to make a decision.
more...
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manderson
03-01 02:01 PM
Well my RD is not current I plan to call NSC periodically to find out if my case has been assigned to an IO yet. If the next step is pre-adjudication, then great, but I have doubts about that.
does it reflect on online status? How else can we find out that one's case has been pre-adjudicated... LUD?? or any specific status?? or only IO can tell??
does it reflect on online status? How else can we find out that one's case has been pre-adjudicated... LUD?? or any specific status?? or only IO can tell??
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larryking
10-22 05:50 PM
If I understand the visa bulletin right, EB#3 has 28.6% of the available visa numbers. If this is the case, is the 28.6% of the visas shared equally between the countries? And if they are shared equally between the countries, then do the applications get processed based on the priority date of the applicants for a given country?
I am just trying to understand the sequence of events here.
1. Divide total available visa numbers between EB1, EB2, EB3 etc resulting in 28% of visa numbers for EB3
2. Divide that 28% of numbers from step 1, equally between all the countries including India, China, Mexico and Other countries etc�all getting an equal �X� number of visas.
3. Once divided, start processing applications based on the priority date of the applicants for a given country. Which means, some countries may not be able to fulfill X number of visa numbers as they don�t have that many applicants Vs countries like India and China � their quota of X gets filled up in a hurry creating a back log?
If this sequence is not correct � how else can they end up with unused visa numbers?? What is the importance of priority date?
Thanks,
Larry King
I am just trying to understand the sequence of events here.
1. Divide total available visa numbers between EB1, EB2, EB3 etc resulting in 28% of visa numbers for EB3
2. Divide that 28% of numbers from step 1, equally between all the countries including India, China, Mexico and Other countries etc�all getting an equal �X� number of visas.
3. Once divided, start processing applications based on the priority date of the applicants for a given country. Which means, some countries may not be able to fulfill X number of visa numbers as they don�t have that many applicants Vs countries like India and China � their quota of X gets filled up in a hurry creating a back log?
If this sequence is not correct � how else can they end up with unused visa numbers?? What is the importance of priority date?
Thanks,
Larry King
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Templarian
11-28 08:49 PM
Yea, Scythe I think rotating the text made it a bit to complex. :trout:
obviously
08-04 12:08 PM
Thanks for sharing!
my attorney said When you interfile, even if ur previous PD is current, you cannot file 140+485 together.. you have to first file the 140 requesting the previous PD be ported and then once that is approved..file you 485..!!
>> I have both the I-140's now, the EB2 and the Eb3. So this is not a case of filing I-140 together with I-485. Qn is can the underlying I-485 EB3 pending adjudication be matched up with the new I-140 EB2 which has the older EB3 PD? If not, is filing a new I-485 to follow on the new EB2 I-140 the only option? Currently EB3 India is Unavailable and EB2 India PD is Jun 06. My new EB2 PD is Nov 02.
but he said....if ur PD is current you can take a chance and file both 140(requesting porting)+485 ..but then the chances of 485 being sent back are high..
>> ok, thanks.
Whew, just when you think this darn thing will be over ... :D
Cheers!
my attorney said When you interfile, even if ur previous PD is current, you cannot file 140+485 together.. you have to first file the 140 requesting the previous PD be ported and then once that is approved..file you 485..!!
>> I have both the I-140's now, the EB2 and the Eb3. So this is not a case of filing I-140 together with I-485. Qn is can the underlying I-485 EB3 pending adjudication be matched up with the new I-140 EB2 which has the older EB3 PD? If not, is filing a new I-485 to follow on the new EB2 I-140 the only option? Currently EB3 India is Unavailable and EB2 India PD is Jun 06. My new EB2 PD is Nov 02.
but he said....if ur PD is current you can take a chance and file both 140(requesting porting)+485 ..but then the chances of 485 being sent back are high..
>> ok, thanks.
Whew, just when you think this darn thing will be over ... :D
Cheers!
Ramg
04-09 09:54 PM
Dear All,
We have applied for our 485 in August 07 with myself as Primary applicant and my wife as dependent. My wife later got her H1B in october but we haven't updated her status as H1b to USCIS in the 485 processing. Recently we moved to a new place and wanted to change the address online. I suppose I and my wife have to fill the Ar-11 form individually. When trying to fill for my wife, I got some questions.
Please clarify:
1. I am in the United States as a ___ (Should this blank be filled with H4 or H1B for my wife? If I say H1b will there be any problem as I added her to my GC process as a H4. Also, should her employer details be given in the form?
2. Copy number from Alien card? Is this the I-94 number or passport number or alien number on the finger printing sheet?
3. If not a permanent resident, my stay in US expires on ____ (Should this be the same date as her H1B end date?)
I really appreciate any help on these questions at the earliest. It will be 10th day tomm. after moving into new place and I just noticed that the form ar-11 says that USCIS must be notified of address change within 10 days of moving.
Please help me clarify these questions.
Thank you,
Ramg
We have applied for our 485 in August 07 with myself as Primary applicant and my wife as dependent. My wife later got her H1B in october but we haven't updated her status as H1b to USCIS in the 485 processing. Recently we moved to a new place and wanted to change the address online. I suppose I and my wife have to fill the Ar-11 form individually. When trying to fill for my wife, I got some questions.
Please clarify:
1. I am in the United States as a ___ (Should this blank be filled with H4 or H1B for my wife? If I say H1b will there be any problem as I added her to my GC process as a H4. Also, should her employer details be given in the form?
2. Copy number from Alien card? Is this the I-94 number or passport number or alien number on the finger printing sheet?
3. If not a permanent resident, my stay in US expires on ____ (Should this be the same date as her H1B end date?)
I really appreciate any help on these questions at the earliest. It will be 10th day tomm. after moving into new place and I just noticed that the form ar-11 says that USCIS must be notified of address change within 10 days of moving.
Please help me clarify these questions.
Thank you,
Ramg
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