Also, you can file for both EAD and AP and not use it. Just having the two will not force you to have 1 year extenstions. You can still get 3 year extensions if you don't use EAD and AP.
Am I right, friends?
Based on my understanding once 485 is filed, one can only get one year H1b extension it does not matter if one uses EAD/AP.
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According to the I485 inventory they published, there is what.. 400 cases between these two date, why only move 400 cases per month = 4800 per year when the annual quota for EB3 ROW is what.. around 30,000?
Never mind the spillover, can ROW just get its normal quota at least?
Never mind the spillover, can ROW just get its normal quota at least?
I agree.All these are "workarounds" that we are asking for - such as letting spouses work, let us change jobs freely etc etc acutally just amount to asking for all the benefits of a green card without having one. IT detracts from our primary goal and puts us on the defensive with respect to anti immigrants - we now not only have to defend the utility of H1s to the US economy (shortage of technical skills etc), but even H4s and so on ..
thanks for explaining. my suggestion then is to go to school on F1 (maybe ?) and get a degree that can help him/her get a job that qualifies under H1b.
Our main goal to solve the retrogression problem.
thanks for explaining. my suggestion then is to go to school on F1 (maybe ?) and get a degree that can help him/her get a job that qualifies under H1b.
Our main goal to solve the retrogression problem.
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Between and Atlas America for covering pre-existing condition, what would you all recommend?
Definitely, Atlas America as it is a comprehensive coverage plan. Where as 's is a fixed coverage plan which only pays a small fraction of the actual expenses.
Altas America covers $15,000 in acute onset of pre-existing conditions, while claims to cover $50,000 in acute onset of pre-existing conditions for $150,000 coverage.
Lets take the example: Person is hospitalized for two days due to acute onset of pre-existing conditions. And the hospital charged $5,000 per day, for a total bill of $10,000. How much would you get covered in each case?
Atlas America: All $10,000 minus the deductible (deductible choices from $0 to $2,500).
KV Rao: $0 That is because the plan covers at $1,900/day for hospitalization. Therefore, the total coverage is $3,800 but you have a $5,000 deductible. Therefore, you get nothing. Tricky, isn't it? It is not what it seems.
Lets say, even for the new condition. You need a surgery that costs $40,000 (not an unrealistic amount). How much would you be covered in case?
Atlas America: All $40,000 minus the deductible that varies from $0 to $2,500.
KV Rao: Even with $150,000 coverage, they cover only $6,000 for surgery. You have to pay $34,000 out of your pocket.
The list goes on regarding how Atlas America is better than KV Rao's.
Definitely, Atlas America as it is a comprehensive coverage plan. Where as 's is a fixed coverage plan which only pays a small fraction of the actual expenses.
Altas America covers $15,000 in acute onset of pre-existing conditions, while claims to cover $50,000 in acute onset of pre-existing conditions for $150,000 coverage.
Lets take the example: Person is hospitalized for two days due to acute onset of pre-existing conditions. And the hospital charged $5,000 per day, for a total bill of $10,000. How much would you get covered in each case?
Atlas America: All $10,000 minus the deductible (deductible choices from $0 to $2,500).
KV Rao: $0 That is because the plan covers at $1,900/day for hospitalization. Therefore, the total coverage is $3,800 but you have a $5,000 deductible. Therefore, you get nothing. Tricky, isn't it? It is not what it seems.
Lets say, even for the new condition. You need a surgery that costs $40,000 (not an unrealistic amount). How much would you be covered in case?
Atlas America: All $40,000 minus the deductible that varies from $0 to $2,500.
KV Rao: Even with $150,000 coverage, they cover only $6,000 for surgery. You have to pay $34,000 out of your pocket.
The list goes on regarding how Atlas America is better than KV Rao's.
You have H1-B I-797, You may have H1-B Stamp, Your I-94 says H1-B, Therefore Your Status is H-1B, Your Work Authorization Document is H1-B.
You file 485, You file for AP and EAD, You get AP and EAD, You haven't used either yet.
You exit USA, You return to USA using AP.
Your I-94 now says "Parolee", Your status now in USA is "Parolee/Pending AOS"
Your Work Authorization for SAME (continuing) employer is H1-B
A.K.A. NO NEED to use EAD.
There is NO SUCH THING as H1-B Transfer
Every H1-B filing is a new one, USCIS checks if
1) You have valid remaining 6 year period at the time this new H1-B that they have received AND
2) You have been counted against the H1-B before in the last 6 years or not.
So now after I-94 says "Parolee/Pending AOS", You CAN
A) Extend your H1-B with the SAME EMPLOYER provided you have time left in your 6 year window
OR
B) File a new H1-B with a DIFFERENT EMPLOYER provided you have time left in your 6 year window AND you are counted in the cap
OR
C) Move to this DIFFERENT EMPLOYER WITHOUT filing H1-B by using your EAD.
in scenario A) your status CHANGES from "Parolee/WaitingAOS" to H1-B with SAME EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you keep working on current H1-B that is being extended
in scenario B) your status CHANGES from "Parolee/WaitingAOS" to H1-B with DIFFERENT EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you start working on new H1-B receipt notice until that gets approved and then on the new approved H1-B
in scenario C) your status STAYS "Parolee/WaitingAOS", you start working on your EAD which is NOT tied to any employer.
Many people FEAR that they should CLING ON TO H1-B "just in case" 485 is denied. Well that fear is not well placed since if your 485 is denied at any point in either scenario A) or B) even though you may remain "IN STATUS" you probably have run out of 6 year clock by then. Conversely, in scenario C) in case of 485 denial, even though you may temporarily become "OUT OF STATUS" you can immediately file H1-B with the working or a different employer to get back "IN STATUS" if your clock has not expired by then.
between scenarios B) and C), scenario C) is simpler and easier as long as the job is same/similar if you are using AC-21.
Hope This Helps.
very good information. Thanks add78.
Small query. If I am in my sixth year of H1B today, and if I file for H1 extension,
1. with same employer, I actually got 3 years extension. (being 140 approved)
2. with diff. employer, would I get 3 years or just six months, or not at all?
Mr Logiclife - you have put things in an excellent manner. It is very true that we are no less than citizens. Citizens, non citizens, aliens etc.. are terms used widely that actually confuse people. For example the term "illegal immigrant" sounds more immigrant than a "legal alien". People just dont understand what is what. I have noticed a lot of people having their own wrong opinions about h1b visa holders. People do not understand what is what. In fact most people on h1b visa do not even know or understand retrogression or other issues. For eg.. I was talking to my friend in India and told him about the issues here, he did not understand, he thought I am having a tough time here and told me he has some friends in US who can help me out with immigration problems. When I explained our issues to some people here, some understood and some did not, they told me they know some lawyers who are very good and can help. One of my old employer started a new company in Atlanta and contacted me and asked me to join, but I told him I cannot because I am stuck with my ppresent employer and will lose priority date blah... he did not understand that and was confused.
Mr Logiclife - what I am trying to say is we have to broadcast and educate people that we are no less than anyone. We have to educate our own folks first that none of the skilled immigrants are less previliged. If a section of your website is dedicated for this effort, it will be great.
Mr Logiclife - what I am trying to say is we have to broadcast and educate people that we are no less than anyone. We have to educate our own folks first that none of the skilled immigrants are less previliged. If a section of your website is dedicated for this effort, it will be great.
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I had my H1 visa appointment on December 27th in Chennai. They said that my visa was approved and that I would recieve my passport within one week. I have not recieved it yet. I called up the Consulate a few times last week and initially they were saying that 'it would take another 2-3 days'. Finally when I called up on Friday the 4th, they said that another 7 days was needed for the PIMS verification.
Still no news......I was supposed to fly out on the 6th to report to work on the 8th but had to postpone my ticket.
Anyone else in the same position please share!
Thanks
Still no news......I was supposed to fly out on the 6th to report to work on the 8th but had to postpone my ticket.
Anyone else in the same position please share!
Thanks
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@ElectricGrandpa: You missed the center of the wheel ^^
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Please read page 2 of Yates memo (Refer link). The Initial evidence "Annual report", "Tax return", and "Audited financial statement" map to "Employment of the beneficiary", "Net income" and "Net current assets" respectively.
http://www.visaportal.com/downloads/...20to%20pay.pdf
How can an Annual report prove "Employment of beneficiary" and he/she is been or currently is paid the proffered wage??
http://www.visaportal.com/downloads/...20to%20pay.pdf
How can an Annual report prove "Employment of beneficiary" and he/she is been or currently is paid the proffered wage??
I had soft LUD ON 1-485 primary application yesterday and today
Please could you people kindly post which service center is it - TSC or NSC ?
Thank you very much.
Sree
Please could you people kindly post which service center is it - TSC or NSC ?
Thank you very much.
Sree
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July bulletin is OUT and NO more significant movement. Please call Lawmakers ASAP. Unless we take action USCIS is not going to do anything. Situation can be worse once we head towards election season. Still we have 1-2 months to get things done or we will be waiting for years to get green card OR EAD ( For some folks ).
It is just 10-15 minutes need to spend to call. Let them know WHO WE ARE AND WHAT ARE OUR ISSUES .
Please I request all of you to call , if you already call then ask your friends and family members to call.
Now its time to act. If we dont take action CHC will not allow to move ahead our 3 bills.
CALL NOW .... and Spread this message to everyone.
It is just 10-15 minutes need to spend to call. Let them know WHO WE ARE AND WHAT ARE OUR ISSUES .
Please I request all of you to call , if you already call then ask your friends and family members to call.
Now its time to act. If we dont take action CHC will not allow to move ahead our 3 bills.
CALL NOW .... and Spread this message to everyone.
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Please spread this message far and wide to your friends, co-workers stuck in immigration limbo, Facebook, twitter, blogs, other forums, websites, and anywhere you can think will help get us all support for this event. We now have less than a week left and still struggling to meet our budget.
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yes, and normally you don't wear jeans that match your iPod
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ya....you're pretty lame. Hahaha, well why not make a carbon fiber ipod, instead of a plain ol' black one......?
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They can challenge the legality of the memo. You do not need employer for that.
on what legal grounds, may I ask?
_________________
Not a legal advice.
on what legal grounds, may I ask?
_________________
Not a legal advice.
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victim me, my wife and my 9 years kid since April 2006 and victum for the all system since i belive them when i immigrated in 2000, but it's too late to cry :)
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I think one of the options should be - On H1 but not affected.
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