optimystic
03-18 08:26 PM
I am not saying anything about free speech. I realize this is a forum that belongs to a private organization and has not obligations to provide a platform for free speech to anybody. That's why I said that if you do not want me here, I'll leave.
As to the details provided, these were not required details and I didn't agree to anyone to call me at home. I entered the phone, because the form was broken and gave me some errors. Btw, the registration form is still broken, because it has a section for Required Information, and Additional Information. In Additional Information (which I assume is optional), it is still asking whether I'm going to attend DC Rally in 2007. If you do not answer the question about the rally, it doesn't allow you to register.
I haven't filled out all of details, because as I said, I thought they were optional. If there was anything missing that you want me to fill in, you could've told me so rather than ban the handle.
Tawlibann Foggs your real name...?? I donno but it still sounds like you are trying to be a smart aleck....to me. Your ?real? name sounds a lot like 'Taliban Fox' ...! (Googling on "Tawlibann celtic" did not turn up any results at all. Not that google is the final authority on such things. I apologize if its really your name. Dont start giving me red dots !!)
If it is really your name why not just use a non-controlversial handle and not attract any unnecessary attention at all in the first place? I have seen all your posts ( 3 -4 I think) so far and found them to be genuine ....so if its just the handle , why not give in and change it, rather than asking for trouble
As to the details provided, these were not required details and I didn't agree to anyone to call me at home. I entered the phone, because the form was broken and gave me some errors. Btw, the registration form is still broken, because it has a section for Required Information, and Additional Information. In Additional Information (which I assume is optional), it is still asking whether I'm going to attend DC Rally in 2007. If you do not answer the question about the rally, it doesn't allow you to register.
I haven't filled out all of details, because as I said, I thought they were optional. If there was anything missing that you want me to fill in, you could've told me so rather than ban the handle.
Tawlibann Foggs your real name...?? I donno but it still sounds like you are trying to be a smart aleck....to me. Your ?real? name sounds a lot like 'Taliban Fox' ...! (Googling on "Tawlibann celtic" did not turn up any results at all. Not that google is the final authority on such things. I apologize if its really your name. Dont start giving me red dots !!)
If it is really your name why not just use a non-controlversial handle and not attract any unnecessary attention at all in the first place? I have seen all your posts ( 3 -4 I think) so far and found them to be genuine ....so if its just the handle , why not give in and change it, rather than asking for trouble
wallpaper Bollywood actress Zarine Khan,
nc14
09-10 03:28 PM
This sucks man. Another reccess to delibrate on HR6020 and they will be back at 5:00 for a vote.
Who knows if we will ever get a chance to day or not. GURU's please give your opinions.
............................................
$470 till date
Someone please confirm...
Who knows if we will ever get a chance to day or not. GURU's please give your opinions.
............................................
$470 till date
Someone please confirm...
GCMan007
05-08 10:44 PM
Hi
After long haul of almost 5 years , today I got the approval email for my 485 filed in June - 2007.I guess my wife's case should be approved soon.Last when spoke to TCS IO , I was told that biometrics is needed in my case but still they can approve & later send me the notice. I guess only after that I might get the physical card.
Had anyone experienced this scenario ?
Anyways I want to thank everyone on this forum,immigration portals, folks & every other support that I have got in this long process.
I will always be there for everyone on this forum or in any other way I can help to every legal immigrant who is waiting for the Green Card.
Thanks a lot
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
I131,I765 approved for both -Nov 2007
I485 approval mail - 04/24/08 - Myself
Waiting for spouse approval, physical Cards
Congrats Dude!
My PD is EB2- Dec 2003, but my RD is Aug 2nd, 07. TSC currently procsses June end 485 applications. Do they pick application for process purely on RD? Considering large # of applications filed during July 07' ,do I have to wait for long time to see my magic email..?
After long haul of almost 5 years , today I got the approval email for my 485 filed in June - 2007.I guess my wife's case should be approved soon.Last when spoke to TCS IO , I was told that biometrics is needed in my case but still they can approve & later send me the notice. I guess only after that I might get the physical card.
Had anyone experienced this scenario ?
Anyways I want to thank everyone on this forum,immigration portals, folks & every other support that I have got in this long process.
I will always be there for everyone on this forum or in any other way I can help to every legal immigrant who is waiting for the Green Card.
Thanks a lot
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
I131,I765 approved for both -Nov 2007
I485 approval mail - 04/24/08 - Myself
Waiting for spouse approval, physical Cards
Congrats Dude!
My PD is EB2- Dec 2003, but my RD is Aug 2nd, 07. TSC currently procsses June end 485 applications. Do they pick application for process purely on RD? Considering large # of applications filed during July 07' ,do I have to wait for long time to see my magic email..?
2011 Veer movie actress Zarine Khan
GW02
02-26 12:42 AM
I swear by Cinema4D, but I don't want to lead teh topic even further off-track.
more...
qesehmk
02-12 01:28 PM
pbuckeye, , You are still more concerned about what immigration body shop has to say than the facts and numbers on the ground. I am confused :confused:
This whole thread is about what Ron Gotcher published. I didn't start this thread. I am only contributing my view that based on available information some things make sense and some dont. The things that do make some sense is wastage of visa numbers in 2010. We have some facts to support the "theory" but not enough.
What doesn't make sense is Ron's assertion that USCIS wasted 13K EB visas in 2009. Facts simply don't support that.
Does this help? (Again this is my view... don't want to push it onto others)
This whole thread is about what Ron Gotcher published. I didn't start this thread. I am only contributing my view that based on available information some things make sense and some dont. The things that do make some sense is wastage of visa numbers in 2010. We have some facts to support the "theory" but not enough.
What doesn't make sense is Ron's assertion that USCIS wasted 13K EB visas in 2009. Facts simply don't support that.
Does this help? (Again this is my view... don't want to push it onto others)
anandsun
04-21 11:01 PM
Pratik and Jay spent some quality time with the Congressman AFTER the meeting was over. They should be updating us very soon.
Thanks
Anand
Thanks
Anand
more...
whattodo21
06-16 08:43 AM
Sent it to my Senators.
However, is it possible to send it to Senators Grassley, Sanders too. I say this because these senators need to hear that we oppose this bill too and I am not sure how many of our members from IA and VT are active and are sending this message to them.
However, is it possible to send it to Senators Grassley, Sanders too. I say this because these senators need to hear that we oppose this bill too and I am not sure how many of our members from IA and VT are active and are sending this message to them.
2010 Recently Zarine Khan made a
pcs
07-02 07:42 PM
I put in $100 today to fight for our cause
more...
nixstor
03-18 06:40 PM
Sorry if this is offtopic but can someone explain to me who banned me and why? I didn't write anything offensive or abusive, and I didn't insult anybody. I was just discussing the issues I read in another forum.
If it is my handle, you don't like, well my name is Tawlibann Foggs (it is Celtic name, and quite rare but I like it). My friends call me Taliban jokingly (I know it may not be funny to all of you, and I didn't like it at first, but I can't stop people), so that's why the handle was 'taliban'. I hope that answers your questions, and I mean no harm to anyone.
I thought this forum was open to everybody to express their opinions and discuss relevant issues without insulting others. If you're going to keep banning me, please just let me know that I'm not welcome, and I'll leave. I thought Immigration Voice and its forum was open to all EB immigrants. I was even intending to become a contributing member, but now I'm kind of lost. Am I not supposed to post here? Is there something I missed?
Here is what you provided on the banned id
Phone number 631-922-xxxx. I called the number and a lady answered. I asked "Is there any one living with last name FOGGS?" The answer is NO. I asked are you sure? She goes mad. I then went on to see the city you provided in MD exists, Google maps has no clue about the city.
There are many non-contributing & contributing members and its entirely your wish to do so or not but IV does not need any distractions. Don't bring in the free speech and 1st amendment now.
May be its fun for you and our friends, its not funny here.
If it is my handle, you don't like, well my name is Tawlibann Foggs (it is Celtic name, and quite rare but I like it). My friends call me Taliban jokingly (I know it may not be funny to all of you, and I didn't like it at first, but I can't stop people), so that's why the handle was 'taliban'. I hope that answers your questions, and I mean no harm to anyone.
I thought this forum was open to everybody to express their opinions and discuss relevant issues without insulting others. If you're going to keep banning me, please just let me know that I'm not welcome, and I'll leave. I thought Immigration Voice and its forum was open to all EB immigrants. I was even intending to become a contributing member, but now I'm kind of lost. Am I not supposed to post here? Is there something I missed?
Here is what you provided on the banned id
Phone number 631-922-xxxx. I called the number and a lady answered. I asked "Is there any one living with last name FOGGS?" The answer is NO. I asked are you sure? She goes mad. I then went on to see the city you provided in MD exists, Google maps has no clue about the city.
There are many non-contributing & contributing members and its entirely your wish to do so or not but IV does not need any distractions. Don't bring in the free speech and 1st amendment now.
May be its fun for you and our friends, its not funny here.
hair Zarine Khan at Ready movie music launch at Filmcity in Mumbai
saimrathi
08-15 04:02 PM
This is already on another thread..!!!
http://immigrationvoice.org/forum/showthread.php?t=12391
http://immigrationvoice.org/forum/showthread.php?t=12391
more...
dpp
07-09 03:53 PM
I dont think legally you can sue someone, because they have worked harder.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
Everybody knows they didn't broke the law, but the way they followed is wrong.
I saw somebody suing her company because her colleagues are using perfumes. If this kind of US, then why should we leave them for this disaster.
What they broke is "They need to give prior notice in advance". They cannot give one-hour or one-min notice. They haven't given one-min notice also. It is outrageous. So, please don't say that they didn't broke any law.
Do you know what does it mean by notice? It should be given well in advance if you want to convey something.
They completely broke all those ethical laws.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
Everybody knows they didn't broke the law, but the way they followed is wrong.
I saw somebody suing her company because her colleagues are using perfumes. If this kind of US, then why should we leave them for this disaster.
What they broke is "They need to give prior notice in advance". They cannot give one-hour or one-min notice. They haven't given one-min notice also. It is outrageous. So, please don't say that they didn't broke any law.
Do you know what does it mean by notice? It should be given well in advance if you want to convey something.
They completely broke all those ethical laws.
hot Zarine-Khan-11
Maverick1
07-29 01:12 PM
i guess now i know why EB3 I is being ignored, is is a VERY VERY VERY INDIA specific issue ? :p
:D:D
:D:D
more...
house Zarine Khan at #39;Ready#39; music
immigrant2007
08-12 08:10 AM
Guys,
I have thought of one more idea..
We know very well that by current interpretation EB3 is permanently fixed to the back of the line. NO EB3 will get processed until the last EB2 who files in the year 2013 gets approved, (counting out the regular quota).
And why are we here? Many believe (or know) that it is because of the 245(i) amnesty signed by Clinton and Bush.
Isn't it ironic that the illegals that were put in the line are not being moved back as the line expands? Why only we legals? Maybe there is some scope to challenge the 245(i) visa number allocation and point out that legal immigrants are waiting in line then how can you admit illegals in front
Anyone having the facts and numbers of 245(i)?
I have asked this question over and over again but Iv doesn't seem to entertain it. IV number crunchers are busy developing and applying patent for a sofware on GC estimation.
245(i) consumed EB3 worldwide quota and is responsilbe to backlog along with deliberate delay by USCIs.
But thas history now, what do we do in future matter more...I think If economy doesn't improves EB3s are infor a big shock.
Post election if Republicans win then they will do their best to deny GCs to all backlog guys so that they can enjoy thier loot (Social secuirty,foreclosed homes)...
I have thought of one more idea..
We know very well that by current interpretation EB3 is permanently fixed to the back of the line. NO EB3 will get processed until the last EB2 who files in the year 2013 gets approved, (counting out the regular quota).
And why are we here? Many believe (or know) that it is because of the 245(i) amnesty signed by Clinton and Bush.
Isn't it ironic that the illegals that were put in the line are not being moved back as the line expands? Why only we legals? Maybe there is some scope to challenge the 245(i) visa number allocation and point out that legal immigrants are waiting in line then how can you admit illegals in front
Anyone having the facts and numbers of 245(i)?
I have asked this question over and over again but Iv doesn't seem to entertain it. IV number crunchers are busy developing and applying patent for a sofware on GC estimation.
245(i) consumed EB3 worldwide quota and is responsilbe to backlog along with deliberate delay by USCIs.
But thas history now, what do we do in future matter more...I think If economy doesn't improves EB3s are infor a big shock.
Post election if Republicans win then they will do their best to deny GCs to all backlog guys so that they can enjoy thier loot (Social secuirty,foreclosed homes)...
tattoo Zarine Khan new picture
rajuram
03-10 09:04 PM
I agree, when will the right time to recapture visa numbers???
We did not do it in the last government,
we did not do it when the economy was good,
did not do it when they were wanting ways for new people to buy houses,
did not do it in july 2007,
THERE WILL NEVER BE A RIGHT TIME, NEVER
Of all 4 the proposals made by vbkris77,
I would just stick with one and only one:
RE-CAPTURING VISA NUMBERS.
If we add any other item like re validating H1B inside US,accountability for USCIS etc, the message would bound to get lost. It will get bogged down by the details of implementing the other proposals. The devil is always in the details.
I think we need to stick to single target of visa re-capturing (with no mention of the word H1B in the legislation). There should be no crap about H1B workers stealing jobs nor granting pardon for illegals. Visa re-capture is for educated foreign-born professionals currently employed in US.
Many ask if this is the right time. When will be the right time?. Are we asking anything that has not been already granted by the law?. These past visa numbers have been already approved by the law but not used by the USCIS.
The time is RIGHT NOW.
It is interesting why IV team is not taking up this one item and start fund raising.
May be the team has some valid reasons for not doing so. I could only guess.
But waiting for the right time to take up this agenda of re-capturing visa numbers is not a valid reason. That is totally hopeless.
We did not do it in the last government,
we did not do it when the economy was good,
did not do it when they were wanting ways for new people to buy houses,
did not do it in july 2007,
THERE WILL NEVER BE A RIGHT TIME, NEVER
Of all 4 the proposals made by vbkris77,
I would just stick with one and only one:
RE-CAPTURING VISA NUMBERS.
If we add any other item like re validating H1B inside US,accountability for USCIS etc, the message would bound to get lost. It will get bogged down by the details of implementing the other proposals. The devil is always in the details.
I think we need to stick to single target of visa re-capturing (with no mention of the word H1B in the legislation). There should be no crap about H1B workers stealing jobs nor granting pardon for illegals. Visa re-capture is for educated foreign-born professionals currently employed in US.
Many ask if this is the right time. When will be the right time?. Are we asking anything that has not been already granted by the law?. These past visa numbers have been already approved by the law but not used by the USCIS.
The time is RIGHT NOW.
It is interesting why IV team is not taking up this one item and start fund raising.
May be the team has some valid reasons for not doing so. I could only guess.
But waiting for the right time to take up this agenda of re-capturing visa numbers is not a valid reason. That is totally hopeless.
more...
pictures Salman Khan and Zarine Khan at
mrdelhiite
07-13 08:25 AM
GCBy3000,
Your criticism of Murthy is noted as you are entitled to speak your mind. But let me ask you a simple question:
Did you exhort your lawyer to send a letter to Secretary Chertoff or the USCIS Director? OR
Did your lawyer send a letter on his own, exhorting the Secretary and the USCIS Director to correct this wrong?
I know the Mahatma would have asked himself the same questions before hurling allegations.
Whatever maybe the intentions of Murthy, this letter is certainly going to help not harm our case.
AND YES - For full disclosure, I am a client of Murthy and have been so for more than five years.
ALL I AM SAYING IS WITH GREAT POWER COMES GREAT RESPONSIBILITY. REASON WHY I LIKE IV OVER MURTHY. IMMIGRATION IS MURTHY'S PRIMARY BUSINESS .. IV IS DOING NOT FOR MONEY BUT TO REALLY FIX THINGS ... MUST MEAN SOMETHING RIGHT ... GO IV
-M
Your criticism of Murthy is noted as you are entitled to speak your mind. But let me ask you a simple question:
Did you exhort your lawyer to send a letter to Secretary Chertoff or the USCIS Director? OR
Did your lawyer send a letter on his own, exhorting the Secretary and the USCIS Director to correct this wrong?
I know the Mahatma would have asked himself the same questions before hurling allegations.
Whatever maybe the intentions of Murthy, this letter is certainly going to help not harm our case.
AND YES - For full disclosure, I am a client of Murthy and have been so for more than five years.
ALL I AM SAYING IS WITH GREAT POWER COMES GREAT RESPONSIBILITY. REASON WHY I LIKE IV OVER MURTHY. IMMIGRATION IS MURTHY'S PRIMARY BUSINESS .. IV IS DOING NOT FOR MONEY BUT TO REALLY FIX THINGS ... MUST MEAN SOMETHING RIGHT ... GO IV
-M
dresses new entrant Zarine Khan,
pointlesswait
07-12 05:05 PM
Does anyone have the list of latest set documents required to file for 485.... can you plzzzz email/post it here... thanks
can it be done without the help of an attorney...????
can it be done without the help of an attorney...????
more...
makeup Zarine Khan at #39;Ready#39; music
clif
03-07 09:23 AM
What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
Thank for all the advise.
---------------------------------
Contributed $100.
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
Thank for all the advise.
---------------------------------
Contributed $100.
girlfriend Zarine khan, indiaglitz
chetanjumani
02-22 08:24 AM
From my understanding any left over EB4 and EB5 also get carried over to EB1 and from EB1 to EB2. SO would EB2 get the benefit of Eb4 + EB5 + EB1 ?
Thanks,
Chetan
Thanks,
Chetan
hairstyles Zarine Khan
decipher
04-23 04:16 PM
To be fair, inability to get educated (linked to career progression) deserves some attention.
I was in gautamagg's situation earlier (I am still kind of ). I believe there are several others in the same situation. GC delay is an serious hindrance when age is a factor for getting education. However, there are alternatives - part-time education and studying in another country. Have friends who have taken both the approaches. You can come back to the U.S (if you really need to) after your education/experience through H1 again.
As far as the U.S loosing talent, U.S legislators/administrators are the ones who should be worried and try to stop it. The coveted trying to convince them seems contradictory and doesn't gel well.
Personally, I think expecting a quick solution for the mired immigration issue to get an education is expecting a little too much when there are alternatives. This is a wrong forum to do it too.
I was in gautamagg's situation earlier (I am still kind of ). I believe there are several others in the same situation. GC delay is an serious hindrance when age is a factor for getting education. However, there are alternatives - part-time education and studying in another country. Have friends who have taken both the approaches. You can come back to the U.S (if you really need to) after your education/experience through H1 again.
As far as the U.S loosing talent, U.S legislators/administrators are the ones who should be worried and try to stop it. The coveted trying to convince them seems contradictory and doesn't gel well.
Personally, I think expecting a quick solution for the mired immigration issue to get an education is expecting a little too much when there are alternatives. This is a wrong forum to do it too.
pcs
01-17 02:07 PM
I have seen IV grow from scratch & the progress is very impressive. We will get better response but we will not achieve any +ve results by calling people " beggars". I am sure, you said it out of frustation & may want Admin to delete your post, which has good intent but not so good language
Let us divide among ourselves & make 10 calls ( by each of us) to each individual, who has contributed in the past BUT has not signed for the monthly contribution..
I am quite sure, people, who contributed once will sign up once called by us.
My guess is .... we should be able to get 1000 contributing guys if we call these people.
Regards
Let us divide among ourselves & make 10 calls ( by each of us) to each individual, who has contributed in the past BUT has not signed for the monthly contribution..
I am quite sure, people, who contributed once will sign up once called by us.
My guess is .... we should be able to get 1000 contributing guys if we call these people.
Regards
logiclife
12-20 07:24 PM
I filed my 485 in July, got EAD, AP. My attorney applied for my 7'th year H1 extension in July as well and he recommends me to go for H1 stamping while my AOS is pending. He told me I can come back using my AP and extend my H1 next year if necessary but he still recommends I get stamping done. I have a situation described below. Does anyone here think I might run into issues with the US consulte in Chennai.
I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice
You are mixing up a lot of things.
Firstly, your medical bills and your health insurance has nothing to do with your 485. Your 485 is not going to get affected due to the fact that you were out of work for 6 weeks in a Hospital.
The other issue is not being paid for work. You already have an open case with DOL. And I applaud you for not sitting quiet and taking the employer to DOL.
If you were unpaid for some time, but if you have gone out of country and re-entered since that time, then there is nothing to worry because section 245(k) allows you to adjust status even if you were out of status for less than 180 days.
Read my post above. Your 485 is safe because all this unpaid period and disputes happened prior to you filing 485 and all that is cleared out once you travel out of country and come back. Once you go out and come back, its a clean slate. Section 245(k) says that you may adjust status under EB1, EB2 or EB3 if you have not been (a) out of status (b) engaged in unauthorized employment or (c) broken other terms of stay for aggregrate period of 180 days or more.
So, after coming back into US last time, if you have been out of status for less than 180 days, or engaged in unauthorized employment, then you are fine.
If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.
REGARDING RESTAMPING H1 OVERSEAS:
I dont know why your lawyer is forcing you to restamp H1 even though you have AP. Its an extra expense, extra headache and precious time waste in getting H1 stamp. But most lawyers dont want everyone to be on EAD/AP and want to use H1 because if everyone has EAD/AP and no one is on H1 then its bad for business. (lawyer's business). I am just being blunt here and this is not a negative remark on lawyers. Everyone protects their interests, but we have to look after ours. If you plan to use EAD and abandon H1, then why should you spend time and money on getting H1 stamping abroad and staying on H1? The only benefit is to lawyers who get money for filing renewals and extensions of H1. No one pays the lawyers for renewing EAD and AP because renewing them is a lot easier than renewing and transferring H1.
I personally avoid restamping H1 like one avoid plague. Stay away from it as long as possible, because I believe that walking into a restamping process is like putting your entire career in a craps table and rolling the dice. God knows what reasons they may find to reject H1/L1.
Also, it takes about 4500 dollars for a family of 3 to go to vacation to India or China from USA just in airline tickets. If you are there for 20 days, then its $ 225 per day in travel expense on that vacation. Two days WASTED in H1 restamp, especially if you plan to use EAD upon return, is 2 days = 2 X $225 = $450 wasted on just time lost in useless activity during vacation. Add to it, the visa fees and other headaches. You can easily count $1000 for useless, needless restamping as the money wasted. Dont do it if you plan to abandon H1 and re-enter using AP and plan to use EAD soon.
I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice
You are mixing up a lot of things.
Firstly, your medical bills and your health insurance has nothing to do with your 485. Your 485 is not going to get affected due to the fact that you were out of work for 6 weeks in a Hospital.
The other issue is not being paid for work. You already have an open case with DOL. And I applaud you for not sitting quiet and taking the employer to DOL.
If you were unpaid for some time, but if you have gone out of country and re-entered since that time, then there is nothing to worry because section 245(k) allows you to adjust status even if you were out of status for less than 180 days.
Read my post above. Your 485 is safe because all this unpaid period and disputes happened prior to you filing 485 and all that is cleared out once you travel out of country and come back. Once you go out and come back, its a clean slate. Section 245(k) says that you may adjust status under EB1, EB2 or EB3 if you have not been (a) out of status (b) engaged in unauthorized employment or (c) broken other terms of stay for aggregrate period of 180 days or more.
So, after coming back into US last time, if you have been out of status for less than 180 days, or engaged in unauthorized employment, then you are fine.
If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.
REGARDING RESTAMPING H1 OVERSEAS:
I dont know why your lawyer is forcing you to restamp H1 even though you have AP. Its an extra expense, extra headache and precious time waste in getting H1 stamp. But most lawyers dont want everyone to be on EAD/AP and want to use H1 because if everyone has EAD/AP and no one is on H1 then its bad for business. (lawyer's business). I am just being blunt here and this is not a negative remark on lawyers. Everyone protects their interests, but we have to look after ours. If you plan to use EAD and abandon H1, then why should you spend time and money on getting H1 stamping abroad and staying on H1? The only benefit is to lawyers who get money for filing renewals and extensions of H1. No one pays the lawyers for renewing EAD and AP because renewing them is a lot easier than renewing and transferring H1.
I personally avoid restamping H1 like one avoid plague. Stay away from it as long as possible, because I believe that walking into a restamping process is like putting your entire career in a craps table and rolling the dice. God knows what reasons they may find to reject H1/L1.
Also, it takes about 4500 dollars for a family of 3 to go to vacation to India or China from USA just in airline tickets. If you are there for 20 days, then its $ 225 per day in travel expense on that vacation. Two days WASTED in H1 restamp, especially if you plan to use EAD upon return, is 2 days = 2 X $225 = $450 wasted on just time lost in useless activity during vacation. Add to it, the visa fees and other headaches. You can easily count $1000 for useless, needless restamping as the money wasted. Dont do it if you plan to abandon H1 and re-enter using AP and plan to use EAD soon.
