optimist578
11-19 09:56 AM
Hello All,
I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?
Can I continue on my EAD? If yes, How?
If I transfer to F-1, what will happen to my PD, EAD and AP?
After completion of studies, can I utilize my PD or EAD?
Please advice!
I am also searching for directions to the university. But I don't think EAD would allow you to move to full-time student status. EAD is Employment Authorization Document and can be used only for employment, as far as I know. I will check with my lawyer too.
I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?
Can I continue on my EAD? If yes, How?
If I transfer to F-1, what will happen to my PD, EAD and AP?
After completion of studies, can I utilize my PD or EAD?
Please advice!
I am also searching for directions to the university. But I don't think EAD would allow you to move to full-time student status. EAD is Employment Authorization Document and can be used only for employment, as far as I know. I will check with my lawyer too.
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sobers
07-26 03:24 PM
Guess I've lot track of time now too
:)
anyway its going to be important to keep an eye on bills like these given that CIR is not going anywhere, and SKIL is not looking too good either. the 20,000advanced degree H1B exemption was introduced in the 2004-05 Omnibus Appropriations bill. maybe we can get a few simple administrative provisions like 485 filing in some bill.
I mean last year they got the real ID provisions in the iraq spending bill. this is not anywhere as controversial as that, but we we need the will to get this through. maybe we can have a fundraising effort for just this purpose...i'm sure lots of folks would join in..
I know you guys are doing your best under the present circumstances...
:)
anyway its going to be important to keep an eye on bills like these given that CIR is not going anywhere, and SKIL is not looking too good either. the 20,000advanced degree H1B exemption was introduced in the 2004-05 Omnibus Appropriations bill. maybe we can get a few simple administrative provisions like 485 filing in some bill.
I mean last year they got the real ID provisions in the iraq spending bill. this is not anywhere as controversial as that, but we we need the will to get this through. maybe we can have a fundraising effort for just this purpose...i'm sure lots of folks would join in..
I know you guys are doing your best under the present circumstances...
gc_dedo
03-30 04:42 PM
I am not really sure why this really makes a difference. My perm was approved in EB3 in about 7 months but if I have to wait 30 years to get a GC what difference does it make ?!?
It makes a difference for people who are porting from EB3 to EB2
It makes a difference for people who are porting from EB3 to EB2
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Macaca
07-11 05:17 PM
Hi Friends, I came to know about this protest and would like to pass on the information about the protest to Indian Student Assocaition [strength over 600 active members] at San Jose state University and possible Santa Clara University. I am sure my fellow students will be proud to contribute to the indian community. So, Kindly let me know more details ASAP becuase its already wednesday. My email is sampathg4@yahoo.com
Please post this info for ALL international students.
Please post this info for ALL international students.
more...
yabadaba
12-12 12:45 PM
why dont y'all come to Atlanta. have lunch at Sarvana bhavan and do some grocery shopping too....we could club that with a GA chapter meeting
krishmunn
03-25 10:18 PM
Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.
No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.
All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.
All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
more...
prout02
11-20 10:49 AM
Seems like a good idea to me...even if it favors people with Attorneys....it atleast gives you an avenue to present your case to some Computer which then assigns the case to a human. Wow...what progress, TSC!!! Why can't your computer pick it up in the first place? What kind of system you have that can't prioritize work based on FIFO? Now we see a way out of this hell-hole. Hope NSC does the same too!!
An afterthought: Could we write to Ombudsman for NSC adapting similar email routine?
An afterthought: Could we write to Ombudsman for NSC adapting similar email routine?
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bigboy007
10-30 07:08 PM
yes i did , but just asking as i am planning for applying hence thinking whether Drivers License required if so obviously addresses should match isnt?
more...
mohitb272
12-10 06:54 PM
I was hired by my present company as a software engineer. I did development for 3 yrs and the company later moved me to a Business Analyst's role later. However, my labor application lists my job duties as s/w Engineer in a programmer's role.
Would I be able to use AC21? Do I need to find a s/w development job or can I join as BA as well? I am in a big predicament. Any help here is greatly appreciated.
Would I be able to use AC21? Do I need to find a s/w development job or can I join as BA as well? I am in a big predicament. Any help here is greatly appreciated.
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manderson
11-25 11:45 AM
that's right. if u switch to F1 now then u will pretty much throw away your GC app. Plus you can only go to school part time on H1 with explicit written permission from the employer (consult lawyer to see if additional paperwork is needed). But you can go full time on EAD.
I am also thinking of going back to school. The way I plan to do this is to activate EAD (via I-9 form with employer) and abandon the H1. You see, after the AC21 period, I will have leverage to negotiate w/ the employer. If he can accomodate my going back to school I will stick with him, otherwise I can find a new employer....
Ofcouse the risk is, if GC gets denied, then by law you have to leave immediately.
I am planning to pursue my studies part-time, while working fulltime on H1B or EAD. If you move to F1 visa, you will have to forego your immigration application. To apply for immigration later will require you to start all over again. It is unbelievable !! :mad:
So, depending upon your age and other factors, you should consider studying part-time or wait till you get your GC.
------------------------
EB3 March 2003
AOS RD: June 22 '07
EAD, AP Received
I am also thinking of going back to school. The way I plan to do this is to activate EAD (via I-9 form with employer) and abandon the H1. You see, after the AC21 period, I will have leverage to negotiate w/ the employer. If he can accomodate my going back to school I will stick with him, otherwise I can find a new employer....
Ofcouse the risk is, if GC gets denied, then by law you have to leave immediately.
I am planning to pursue my studies part-time, while working fulltime on H1B or EAD. If you move to F1 visa, you will have to forego your immigration application. To apply for immigration later will require you to start all over again. It is unbelievable !! :mad:
So, depending upon your age and other factors, you should consider studying part-time or wait till you get your GC.
------------------------
EB3 March 2003
AOS RD: June 22 '07
EAD, AP Received
more...
unseenguy
02-23 12:01 PM
Hello everyone - My company has announced a 10% across the board paycut. I am sulking over it as there is no job guarantee. I am in a big consulting org. There are no new projects coming and my project is there till end of April. I have I140 approved but I am afraid that my employer may seek to revoke it , if I leave on my own.
Gurus - Do you think it is wise to use AC21 in this situation. It will take years for me to get back to (2-3) my original salary level and if I accept the paycut and lay off happens, the future employer may seek further paycut or same salary.
My wife has already lost job and hence I am paranoid that I have taken almost 50% paycut if we consider 2 incomes. I dont think economy is THAT bad.
Gurus - Do you think it is wise to use AC21 in this situation. It will take years for me to get back to (2-3) my original salary level and if I accept the paycut and lay off happens, the future employer may seek further paycut or same salary.
My wife has already lost job and hence I am paranoid that I have taken almost 50% paycut if we consider 2 incomes. I dont think economy is THAT bad.
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MArch172008
05-24 03:02 AM
How much time it is taking for I140 processing ?
Is there any hope in near future for priority dates to be current?
regards
Is there any hope in near future for priority dates to be current?
regards
more...
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bestia
07-20 02:37 AM
I think another argument would be to request a statistics of how many actual terrorists or big criminals FBI caught during that "name check" process. Why would a terrorist apply for LC/I-140/I-485, go to FP, sit at the same address for years, provide his true identity and real (not fake) documents, and wait while FBI will check his name? And then he will sit and wait until FBI will knock his door? Did FBI catch at least ONE person during that process?
Another argument. Why GC should be issued only AFTER name check? What difference from security stand point makes if a person on GC or on EAD/AP cycle? If he is a terrorist he suppose to be caught, interrogated, charged, centenced, deported. The law allows doing that on either GC or EAD/AP stage. So then why torture people on EAD/AP stage for years?
Another argument. Why GC should be issued only AFTER name check? What difference from security stand point makes if a person on GC or on EAD/AP cycle? If he is a terrorist he suppose to be caught, interrogated, charged, centenced, deported. The law allows doing that on either GC or EAD/AP stage. So then why torture people on EAD/AP stage for years?
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pointlesswait
03-31 12:39 PM
take that dispute report and go to your local police station..
If you do not want to wait for your employer to give you details about the report, you can order one for yourself using a service like Personal record search (includes criminal reports) from www.choicetrust.com.
If I were you, I would not wait around for details from the employer but spend the $25 and get all the info I can and dispute whatever is incorrect.
If you do not want to wait for your employer to give you details about the report, you can order one for yourself using a service like Personal record search (includes criminal reports) from www.choicetrust.com.
If I were you, I would not wait around for details from the employer but spend the $25 and get all the info I can and dispute whatever is incorrect.
more...
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trueguy
08-08 05:53 PM
Guys,
We have to come up with some numbers so we can plan our life ahead. Please vote only if your Application is pending. This is not for EB3-I who are already approved.
Thanks.
We have to come up with some numbers so we can plan our life ahead. Please vote only if your Application is pending. This is not for EB3-I who are already approved.
Thanks.
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pappu
06-08 12:17 PM
Lets discuss Post-CIR on one thread only.
http://immigrationvoice.org/forum/showthread.php?t=4917
http://immigrationvoice.org/forum/showthread.php?t=4917
more...
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pappu
10-30 01:37 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
pls. try to also post IV link in your reply on usatoday.com
http://blogs.usatoday.com/oped/2006/10/immigration_is_.html
pls. try to also post IV link in your reply on usatoday.com
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yestogc
06-30 01:37 PM
You can have 2 H1B active at one time, but one should be fulltime and other which we call as concurrent H1B (part time).
As per my understanding Concurrent one does not fall under quota since it is a part time one and needs to be approved before you can start working unlike h1B transfer where you can work as soon as transfer is filed w/o waiting for approval.
The underlying H1B or the concurrent H1B does not protect you on status, so if you loose status on your fulltime h1B job then you cannot jump on this to save your status.
As per my understanding Concurrent one does not fall under quota since it is a part time one and needs to be approved before you can start working unlike h1B transfer where you can work as soon as transfer is filed w/o waiting for approval.
The underlying H1B or the concurrent H1B does not protect you on status, so if you loose status on your fulltime h1B job then you cannot jump on this to save your status.
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vijse
12-16 11:58 AM
I got it correct yesterday .
Thanks for the advice.
Thanks for the advice.
yabadaba
11-19 05:08 PM
Looks like this is the system that USCIS has been saying they are working on to identify pending cases.
Now, what if your case is pending and your Attorney is not a AILA member or you do not use an Attorney?
maybe u should write to the ombudsman and let them know that its not fair for people who dont have aila attorneys.
Now, what if your case is pending and your Attorney is not a AILA member or you do not use an Attorney?
maybe u should write to the ombudsman and let them know that its not fair for people who dont have aila attorneys.
Queen Josephine
July 26th, 2005, 05:20 AM
Well, you got me started on something new Gary.... Since I don't shoot in raw format, I have never processed RAW before in photoshop, so I had to first download the most recent version of the raw plug-in.... and what fun! But since I have never played with it before, I'm still experimenting. Thanks! You've opened up a whole new world for me! :)
