desi3933
06-25 10:38 AM
Here is the reply from my attorney
the CIS takes 90 days to issue the EAD cards; don’t panic as you and your wife are in valid status and not in violation of any rules because you have timely filed your applications for adjustment of status and your status (H1B and H4) are still current
Read the bold part again. The condition that maintaining H4 status is not correct. Your spouse is running a business and using EAD and therefore, she is not in H4 status. This is the key difference.
One can't be in valid employment unless has valid EAD (or H-1B status). Unlike H-1B, filing an extension for EAD does not confer right to continue employment authorization while it is pending and current authorization is expired.
________________
Not a legal advice.
the CIS takes 90 days to issue the EAD cards; don’t panic as you and your wife are in valid status and not in violation of any rules because you have timely filed your applications for adjustment of status and your status (H1B and H4) are still current
Read the bold part again. The condition that maintaining H4 status is not correct. Your spouse is running a business and using EAD and therefore, she is not in H4 status. This is the key difference.
One can't be in valid employment unless has valid EAD (or H-1B status). Unlike H-1B, filing an extension for EAD does not confer right to continue employment authorization while it is pending and current authorization is expired.
________________
Not a legal advice.
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mysticblue
08-17 11:33 PM
just remember to carefully preserve all payslips, email communications, and all other docs from this period. If and when you file for GC, you MAY need these docs.
But, otherwise, your case is straightforward. As long as you send the H1 transfer to CIS before you are terminated/resign from B, you status will continue uninterrupted... So you are ok.
Thanks. That helped a lot !
But, otherwise, your case is straightforward. As long as you send the H1 transfer to CIS before you are terminated/resign from B, you status will continue uninterrupted... So you are ok.
Thanks. That helped a lot !
apb
08-17 03:25 PM
My friend 485 has been filed on 12th - to nebraska service center, but he mistakenly sent his ead & ap on 15th to Texus Service Center in Dullas.(Did not receive the receipt notice for 485)
Please let me know his options!
1) Do they reject his applications in TSC?.
2) If he file another set in Nebraska Service Center is ok?
?
EAD/AP would be rejected if the receipting in TEXAS was attempted before 485 data is in the system.
If NEB has entered the data for 485 by the time Texas gets to his EAD/AP there could be a chance where his EAD/AP might be accepted.
But you can always apply again though with new fees.
Of course from seeing your postings above I know that your friend has spoken to lawyer and you also did a great thing by trying to help your friend however possible.
In this forum people who come here have their own problems with GC process. No body is here except for Aman and maybe priti..something. who I know has GC in this forum and are actively discussing issues.
If I were to repeatedly BUMP my friends concern in this forum, particularly when people are trying to info on rally, RN, FP notices I am sure you would irritated too. But at the same time if I had BUMPED with a personal request that affects directly myself I might get some good response, from people who empathize my situation.
Though I am relatively new here I know there were no postings where people had requested on problems which they were personally facing and they got no response.
I am sure you would be joining for the rally and now that your friend knows that this forum exists it would be great if you could also motivate him to come. Of course there would be challenges and that is life.. but what is life without challenges. Once you help him to make a decision to come to rally everything will fall in place.
There is also a posting from abhijitp partnering with other members to join the rally. Please go through it.
And finally if your friend joins here personally he can also contribute to other peoples concern, he can see first hand what IV is and maybe if willing he can contribute financially also which would help all of us.
Isn't that you want to happen to IV and your friend who would be a future IV-ite (us) and get impacted in a good way.
Please let me know his options!
1) Do they reject his applications in TSC?.
2) If he file another set in Nebraska Service Center is ok?
?
EAD/AP would be rejected if the receipting in TEXAS was attempted before 485 data is in the system.
If NEB has entered the data for 485 by the time Texas gets to his EAD/AP there could be a chance where his EAD/AP might be accepted.
But you can always apply again though with new fees.
Of course from seeing your postings above I know that your friend has spoken to lawyer and you also did a great thing by trying to help your friend however possible.
In this forum people who come here have their own problems with GC process. No body is here except for Aman and maybe priti..something. who I know has GC in this forum and are actively discussing issues.
If I were to repeatedly BUMP my friends concern in this forum, particularly when people are trying to info on rally, RN, FP notices I am sure you would irritated too. But at the same time if I had BUMPED with a personal request that affects directly myself I might get some good response, from people who empathize my situation.
Though I am relatively new here I know there were no postings where people had requested on problems which they were personally facing and they got no response.
I am sure you would be joining for the rally and now that your friend knows that this forum exists it would be great if you could also motivate him to come. Of course there would be challenges and that is life.. but what is life without challenges. Once you help him to make a decision to come to rally everything will fall in place.
There is also a posting from abhijitp partnering with other members to join the rally. Please go through it.
And finally if your friend joins here personally he can also contribute to other peoples concern, he can see first hand what IV is and maybe if willing he can contribute financially also which would help all of us.
Isn't that you want to happen to IV and your friend who would be a future IV-ite (us) and get impacted in a good way.
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meridiani.planum
11-03 01:42 AM
inline...
I would recommend to extend H1-B, if the employer is paying for it. Extended travel on AP is tricky, but its not an issue with H1-B. If there is no extended travel plans (e.g. Working for three months from another country, or 3 month leave spent in another country etc), then there is no advantage to have H1-B.
-- not true. one of the biggest advantages of stayig on H1-V is that you maintain status even if your 485 is denied for some reason. You dont have to leave the country, you cna file an MTR and keep on working. If you are on EAD, and your 485 is denied for any reason, you need to stop working immediately. You also end up out of status right then. Being on H1 ssaves you all that trouble.
Another advantage of staying on H1 is if you are not married and want to bring your spouse over, you can do it using H4. Once youa re on EAD, your spouse has to wait for your PD to be current so she can file her own 485...
An interesting question may be, if this will count towards the lifetime cap of 12 years of H1B? That I don't know.
-- there is no cap on H1. You can get as many extensions as you want and qualify for (I-140 approved, old LC etc)
--Parag
I would recommend to extend H1-B, if the employer is paying for it. Extended travel on AP is tricky, but its not an issue with H1-B. If there is no extended travel plans (e.g. Working for three months from another country, or 3 month leave spent in another country etc), then there is no advantage to have H1-B.
-- not true. one of the biggest advantages of stayig on H1-V is that you maintain status even if your 485 is denied for some reason. You dont have to leave the country, you cna file an MTR and keep on working. If you are on EAD, and your 485 is denied for any reason, you need to stop working immediately. You also end up out of status right then. Being on H1 ssaves you all that trouble.
Another advantage of staying on H1 is if you are not married and want to bring your spouse over, you can do it using H4. Once youa re on EAD, your spouse has to wait for your PD to be current so she can file her own 485...
An interesting question may be, if this will count towards the lifetime cap of 12 years of H1B? That I don't know.
-- there is no cap on H1. You can get as many extensions as you want and qualify for (I-140 approved, old LC etc)
--Parag
more...
reddymjm
05-16 01:53 PM
Sent an email to 20 of my friends @ work to that and following up with them.
gulute
03-16 06:31 PM
why is it denied?
Hi,
My wife's H4 visa got denied and her I94 got expired. Can she stay for 30 days if so will she be having any problem while coming back with valid status?
Hi,
My wife's H4 visa got denied and her I94 got expired. Can she stay for 30 days if so will she be having any problem while coming back with valid status?
more...
pradeep_s
12-20 09:17 AM
Thanks perm2gc!
Can you please tell me what you mean by labor. Is it the I-797 Notice of action (approval notice) for H1b, and letter from my current employer stating my current job status?
Thank you,
pradeep
Can you please tell me what you mean by labor. Is it the I-797 Notice of action (approval notice) for H1b, and letter from my current employer stating my current job status?
Thank you,
pradeep
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kunjirs
03-07 04:16 PM
MurthyDotCom : EAD Extension Delays - FAQs, Answers, Suggestions (http://www.murthy.com/news/n_eadmor.html)
more...
mckottayam
05-02 06:07 PM
We came back yesterday May 1st, my wife's stamp is only until May 31st and mine until Aug 30th but we had the extended approval notices. Both H1s. We both got stamped until the end of the extension date on the I 797. I don't think you'll have any problem.
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Green06
08-15 01:39 PM
Guys,
What is the NSC customer service number. I could not find it on the USCIS web site.
Regards
What is the NSC customer service number. I could not find it on the USCIS web site.
Regards
more...
CCC2006
09-12 10:06 AM
A friend of mine sent me this link to find ur status after the 45 day letter.
http://www.pbls.doleta.gov/pbls_pds.cfm
The site says : The backlog public disclosure system only accepts Case numbers beginning with either a D or P.
Please enter the case number with all dashes.
Where the # represents a number
(e.g. P-#####-##### OR D-#####-##### ).
Unfortunately I dont have the number and the lawyer is not giving it to me. If this can help u guyz please do use it.
http://www.pbls.doleta.gov/pbls_pds.cfm
The site says : The backlog public disclosure system only accepts Case numbers beginning with either a D or P.
Please enter the case number with all dashes.
Where the # represents a number
(e.g. P-#####-##### OR D-#####-##### ).
Unfortunately I dont have the number and the lawyer is not giving it to me. If this can help u guyz please do use it.
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GCMan007
03-12 09:30 PM
Did you get second finger print notice before approval? When did you go for first fingerprint notice?
I did not get a second finger printing notice (yet?). The 485 approval notice said that a biometric appt may be sent or the card will arrive. Just keeping my fingers crossed.
My first FP was done in Dec 2007
I did not get a second finger printing notice (yet?). The 485 approval notice said that a biometric appt may be sent or the card will arrive. Just keeping my fingers crossed.
My first FP was done in Dec 2007
more...
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gsvisu
07-12 10:16 AM
Is it possible to show also Martin Luther King along with Gandhi in the template photographs ?
The locals & all can relate to MLK faster & better. Also there were previous chains that encouraged to refer MLK.
Remember we get a MLK - national holiday too...
Also modify the poem to reflect that something like...
Using Gandhi’s & MLK or ML King's way as our only tool.
Any suggestions ?
The locals & all can relate to MLK faster & better. Also there were previous chains that encouraged to refer MLK.
Remember we get a MLK - national holiday too...
Also modify the poem to reflect that something like...
Using Gandhi’s & MLK or ML King's way as our only tool.
Any suggestions ?
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amdee
01-16 11:01 AM
Any update on this. I am also planning to go to the school with my I485 pending. Just wanted to make sure that I will not get ito any issues with my pending I485.
[QUOTE=mharik]Hi ,
Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA or outside US????
ANYONE????
[QUOTE=mharik]Hi ,
Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA or outside US????
ANYONE????
more...
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shana04
10-14 02:48 PM
All:
My parents are going to visit USA first time. Does anyone of you suggest Medical Insurance information ? I am not sure which company I should choose for visitor Medical Insurance.
I bought Visit insurance for my parents when they visited USA. Infact one of my friend who is a doctor has suggested me this.
Here is the link www.visitinsurance.com
I believe I have opted for Plan A.
Good luck on that.
My parents are going to visit USA first time. Does anyone of you suggest Medical Insurance information ? I am not sure which company I should choose for visitor Medical Insurance.
I bought Visit insurance for my parents when they visited USA. Infact one of my friend who is a doctor has suggested me this.
Here is the link www.visitinsurance.com
I believe I have opted for Plan A.
Good luck on that.
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garfield
10-07 03:38 PM
Do you have to wait until the dates become current to add a spouse or can an application be made to add the name right now?
more...
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prasadn
04-07 05:15 PM
I did extended for my in-laws when they entered last time to US. When they entered next time they entered without any issues.
Last time time also lot of my friends scared me (immigration people will stop them at the port of entry), my another friend (both husband and wife doctors), they bring there in - laws everytime they will extend it to 3 times approxmately they will stay in US 2 years, they left several times and entered into US without any issues.
From my understanding, you need to give USCIS a compelling reason (medical reasons etc.) for extending your stay on Visitor visa. If not, there is a good chance for the officer at POE to limit stay to a very short period on the next visit.
Last time time also lot of my friends scared me (immigration people will stop them at the port of entry), my another friend (both husband and wife doctors), they bring there in - laws everytime they will extend it to 3 times approxmately they will stay in US 2 years, they left several times and entered into US without any issues.
From my understanding, you need to give USCIS a compelling reason (medical reasons etc.) for extending your stay on Visitor visa. If not, there is a good chance for the officer at POE to limit stay to a very short period on the next visit.
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glus
12-16 09:36 AM
I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.
Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.
1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?
2...by submitting any paperwork to them can he hamper my proessing?
3...Do i have anything to scare about?
4...what should i do now?
This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.
I need help.....please let me know what should i do....please people help me....
After 180 days I-485 is pending and I-140 is approved, your priority date remains valid even if your employer withdraws approved I-140. Basically, your ex-employer cannot stop the case, and as long as you find a new job in similar ocupation and very similar duties, you I-485 can still be approved. Read AC-21 for more information.
Suggestion: keep the employment termination letter/note/email for records for future reference.
Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.
1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?
2...by submitting any paperwork to them can he hamper my proessing?
3...Do i have anything to scare about?
4...what should i do now?
This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.
I need help.....please let me know what should i do....please people help me....
After 180 days I-485 is pending and I-140 is approved, your priority date remains valid even if your employer withdraws approved I-140. Basically, your ex-employer cannot stop the case, and as long as you find a new job in similar ocupation and very similar duties, you I-485 can still be approved. Read AC-21 for more information.
Suggestion: keep the employment termination letter/note/email for records for future reference.
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pak
07-12 08:56 AM
Please visit
http://www.congress.org/congressorg/mailapp/
enter your address to find the senetor of your area.
Fill up your contact info.
Paste the templet:
I am a highly-skilled professional who entered this country legally. I've
been waiting for my US permanent resident visa -also known as "Green Card"
for the past several years along with 500,000 other educated, highly
skilled employment based (EB) immigrants. Many of us have been waiting for
our turn to get Green Cards for 5-10 years while consistently abiding by
all the laws of this country. Such long delays are due to tortuous and
confusing paper work, backlogs due to various quotas and processing delays
at US Citizenship and Immigration Service (USCIS), other allied state and
federal agencies.
Several categories of EB immigrant visa (Green Card) numbers were
unavailable ("retrogressed") since the fall of 2005. For the past several
decades, the US Department of State (DOS) has been publishing advisories
known as visa bulletins once a month to announce the availability of
immigrant visa numbers. On June 13, 2007, after a gap of nearly two years,
DOS announced that all EB visa numbers would be "current" for the month of
July. This meant, irrespective of our "priority date" (date assigned to us
for our turn in the line for Green Cards), all of us were made eligible to
apply for some interim immigration benefits. This "priority date" refers
to the date when our labor certification (documentation verifying no US
citizen worker was available for a given job) had been filed.
Please note that 6/13 DOS announcement would not have led to immediate
green card for most of us; but at least it would have ensured us interim
benefits such as the right to travel and right to work for any employer-
this was still a welcome change. Especially, for dependent spouses who are
otherwise unable to work, this would have translated into right to travel
and work without restriction and thus channel their energies positively.
Several dependent spouses are also highly-skilled.
Tens of thousands of applicants spent thousands of dollars in legal fees,
immigration medical exams & vaccinations & getting various supporting
documents ready to file our immigrant petitions to USCIS, at times
inconveniencing our old parents in our home countries as well. It has been
an agonizing two weeks for us. Some of us to had to fly in our spouses
from our home countries or have had to cut short business trips. Hundreds
of millions of dollars were spent by thousands of immigrants in
preparation of their application. To our shock and dismay, on the morning
of July 2nd 2007, USCIS announced that EB visa numbers were not available
and all petitions filed in July would be rejected.
For the legal skilled immigrants this has been a rather traumatizing and
disheartening experience. These are people that are in the country
legally, paid taxes and followed all the rules.
We sincerely seek immediate congressional/ legislative remedial measures
which would (1)Reduce the enormous backlogs of green card petitions of
legal skilled immigrants (2)Ensure and request USCIS not to reject our
immigrant visa petitions filed in July and provide us interim benefits of
a pending immigrant visa petition. We make this sincere request with the
hope that people who played by the rules will be rewarded.
Sincerely,
XX
You will receive confirmation from senetor's office.
Thanks
http://www.congress.org/congressorg/mailapp/
enter your address to find the senetor of your area.
Fill up your contact info.
Paste the templet:
I am a highly-skilled professional who entered this country legally. I've
been waiting for my US permanent resident visa -also known as "Green Card"
for the past several years along with 500,000 other educated, highly
skilled employment based (EB) immigrants. Many of us have been waiting for
our turn to get Green Cards for 5-10 years while consistently abiding by
all the laws of this country. Such long delays are due to tortuous and
confusing paper work, backlogs due to various quotas and processing delays
at US Citizenship and Immigration Service (USCIS), other allied state and
federal agencies.
Several categories of EB immigrant visa (Green Card) numbers were
unavailable ("retrogressed") since the fall of 2005. For the past several
decades, the US Department of State (DOS) has been publishing advisories
known as visa bulletins once a month to announce the availability of
immigrant visa numbers. On June 13, 2007, after a gap of nearly two years,
DOS announced that all EB visa numbers would be "current" for the month of
July. This meant, irrespective of our "priority date" (date assigned to us
for our turn in the line for Green Cards), all of us were made eligible to
apply for some interim immigration benefits. This "priority date" refers
to the date when our labor certification (documentation verifying no US
citizen worker was available for a given job) had been filed.
Please note that 6/13 DOS announcement would not have led to immediate
green card for most of us; but at least it would have ensured us interim
benefits such as the right to travel and right to work for any employer-
this was still a welcome change. Especially, for dependent spouses who are
otherwise unable to work, this would have translated into right to travel
and work without restriction and thus channel their energies positively.
Several dependent spouses are also highly-skilled.
Tens of thousands of applicants spent thousands of dollars in legal fees,
immigration medical exams & vaccinations & getting various supporting
documents ready to file our immigrant petitions to USCIS, at times
inconveniencing our old parents in our home countries as well. It has been
an agonizing two weeks for us. Some of us to had to fly in our spouses
from our home countries or have had to cut short business trips. Hundreds
of millions of dollars were spent by thousands of immigrants in
preparation of their application. To our shock and dismay, on the morning
of July 2nd 2007, USCIS announced that EB visa numbers were not available
and all petitions filed in July would be rejected.
For the legal skilled immigrants this has been a rather traumatizing and
disheartening experience. These are people that are in the country
legally, paid taxes and followed all the rules.
We sincerely seek immediate congressional/ legislative remedial measures
which would (1)Reduce the enormous backlogs of green card petitions of
legal skilled immigrants (2)Ensure and request USCIS not to reject our
immigrant visa petitions filed in July and provide us interim benefits of
a pending immigrant visa petition. We make this sincere request with the
hope that people who played by the rules will be rewarded.
Sincerely,
XX
You will receive confirmation from senetor's office.
Thanks
GCEB2
09-20 09:13 PM
sri1309..Thanks for your reply but can we get homes for 300 to 400 k there. How about bay area
CantLeaveAmerica
03-28 09:46 AM
same thoughts here....right now, the journey's with more downs than Ups isn't exactly a joyride..prefer the destination any day..ie, destination america...not destination to Back home
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