martinvisalaw
06-12 04:40 PM
You can apply for an EAD with a pending 485. However, I would be conservative in saying that you are really eligible for this only if you can avail of 485 portability. If the I-140 has been approved and the 485 has been pending for 180 days, then you are portable. If the I-140 has not been approved, the employer could revoke the I-140 and cause the 485 to be denied. This would cause an immediate end to your work authorization and Advance Parole also.
In your situation, I would probably apply for the EAD but ask a new employer to also file for H-1B status for you (assuming you have H-1B time left). This way you could get a H-1B visa at a consulate and return in that status if necessary.
In your situation, I would probably apply for the EAD but ask a new employer to also file for H-1B status for you (assuming you have H-1B time left). This way you could get a H-1B visa at a consulate and return in that status if necessary.
pappu
04-30 12:17 PM
I was also taken aback initially when I read this. The 8 year wait doesnt apply to title 5. Title 5 already is designed to clear the backlog of EB immigration from 6 years to 0/at best minimum since quota is increased and there are exemptions. The 8 year backlog refers to family based.
forgerator
06-14 04:55 PM
What the article author is really wanting to say is "Hey I made it to the US and became citizen, don't try to follow my path because then you will make competition for me and my friends :) "
Typical case of discouraging others to follow your path because you cannot bear to see them succeed.
Typical case of discouraging others to follow your path because you cannot bear to see them succeed.
485InDreams
09-28 09:38 AM
Though he can sue you...there are more chances he won't do that ...it would be collateral.....
As per the agreement, you should be with your employer till your GC...ok fine...If you leave him after 180 days...suppose if he sues you....
1)You can always reciprocate in kind saying that he didn't pay you on Bench....Which will be a problematic for his company run...
2)You can also say that he don't have any development center here and he is jus forcing you to some requirement in which you are not comfortable with...
3)If he is some desi consultancy company...he would have definetly modified your resume before floating it in the market...If you take those things in the court..he will be in trouble...
Even if he wins...the maximum thing is you have to do is to work with him right...go back to him....perform bad in all the interview...take paid rest for 3 to 4 months...he himself will fire you....
rememeber DOL/USCIS always favours us and not employers....they are trying there best to reduce the desi consultacy company....single complaint will do to get the black mark...employers do know this...the reason they always play it safe...
he will threaten you...but he won't do anything...he knows its waste of money for him ....
Best of luck...
As per the agreement, you should be with your employer till your GC...ok fine...If you leave him after 180 days...suppose if he sues you....
1)You can always reciprocate in kind saying that he didn't pay you on Bench....Which will be a problematic for his company run...
2)You can also say that he don't have any development center here and he is jus forcing you to some requirement in which you are not comfortable with...
3)If he is some desi consultancy company...he would have definetly modified your resume before floating it in the market...If you take those things in the court..he will be in trouble...
Even if he wins...the maximum thing is you have to do is to work with him right...go back to him....perform bad in all the interview...take paid rest for 3 to 4 months...he himself will fire you....
rememeber DOL/USCIS always favours us and not employers....they are trying there best to reduce the desi consultacy company....single complaint will do to get the black mark...employers do know this...the reason they always play it safe...
he will threaten you...but he won't do anything...he knows its waste of money for him ....
Best of luck...
more...
Edison99
02-24 10:18 AM
Congrats beautifulMind on your immigration journey!
I successfully ported from EB3 to EB2 in the same company while on EAD
Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)
The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...
I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....
Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...
Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....
I successfully ported from EB3 to EB2 in the same company while on EAD
Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)
The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...
I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....
Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...
Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....
spulapa
12-09 09:28 AM
Dude,
Y don't you change the subject to passed in House ???
Subject line is misleading.
Y don't you change the subject to passed in House ???
Subject line is misleading.
more...
engineer
07-23 10:28 AM
can one ask NSC and see if they have cashed check > they should be able to tell us by our last , frist name, social security etc ?
Where is the link of USCIS memo which talks about following
"There was a memo from USCIS for in-time receipt compliance for I-485 ( along with other forms) for 8/1 supposedly for June filers."
Where is the link of USCIS memo which talks about following
"There was a memo from USCIS for in-time receipt compliance for I-485 ( along with other forms) for 8/1 supposedly for June filers."
chanduv23
03-28 06:07 AM
Not a problem. the start date on your new i 797 is always the date it was processed and approved and not the date it was applied.
If this application was processed well before your earlier h1b end date they would have given it from the next day, but as it was processed later, they gave the date it was processed.
As long as it was filed well within the timeframe and you got the reciept notice, absolutely no problem.
If this application was processed well before your earlier h1b end date they would have given it from the next day, but as it was processed later, they gave the date it was processed.
As long as it was filed well within the timeframe and you got the reciept notice, absolutely no problem.
more...
sandy_anand
10-21 05:08 PM
sorry folks ... new member here...
my profile should have some info now....
Welcome waitingimmigrant!
my profile should have some info now....
Welcome waitingimmigrant!
moclutch
03-04 04:30 PM
I received my card production ordered email today. All thanks God for making all this possible. I came to the US in Jan 1995 on F1 to begin my undergrad, switched to H1 in 1998, had a GC PD of 2002, and now 14 years and a countless visa's later, I was greened today.
I would not have made it through this journey without the expert advice on this forum to all the questions I asked - and just seeing everyone's contributions whether +ve or -ve to remind me that I am not in this thing alone.
For those that are still on the journey - just hang in there and your time surely will come!
I would not have made it through this journey without the expert advice on this forum to all the questions I asked - and just seeing everyone's contributions whether +ve or -ve to remind me that I am not in this thing alone.
For those that are still on the journey - just hang in there and your time surely will come!
more...
ramankgb
06-03 11:15 AM
E filed both myself and spouse application 157 days before expiry of EAD. Received Receipt numbers immediately, since i e-filed. i did send in the documentary evidence supporting the case also.
Also received FP request, which i had to re-schedule twice(once for visit abroad, second on missing app. due to late arrival of notice). Finally got FP completed on third try.
However, i received email stating that an RFE has been send for both our applications. Still awaiting for the paper document.
Does this mean the application was accepted? Or Should i e-file once again instead of waiting on the outcome of this application as i am already a month late to expiration of EAD?
*********
RFE asked me to clarify my intend for applying for EAD (replacement or renewal). I replied that i had asked for renewal and that i was not aware of any limit on the date.
===================Update=====================
EAD Card recieved with 1 year extension from date of expiry of previous EAD.
Also received FP request, which i had to re-schedule twice(once for visit abroad, second on missing app. due to late arrival of notice). Finally got FP completed on third try.
However, i received email stating that an RFE has been send for both our applications. Still awaiting for the paper document.
Does this mean the application was accepted? Or Should i e-file once again instead of waiting on the outcome of this application as i am already a month late to expiration of EAD?
*********
RFE asked me to clarify my intend for applying for EAD (replacement or renewal). I replied that i had asked for renewal and that i was not aware of any limit on the date.
===================Update=====================
EAD Card recieved with 1 year extension from date of expiry of previous EAD.
HOPE_GC_SOON
07-19 08:43 AM
Hi Leoindiano:
What is meant by Pre-Adjudication and how do we know that, our case is Pre-Adjudicated. Sorry to ask you this qn. specifically, as I amnot seeing any LUDs on my case, and my para-legal says, dont worry.
my case details are PD10/05 EB2 I, RD 07/02/07 and ND 08/30/07 at TSC.
Can you enlighten us little bit more.
From , it appears that most people got their GC's without any LUD's. May be most cases are preadjucated and there will be only one final status change.
What is meant by Pre-Adjudication and how do we know that, our case is Pre-Adjudicated. Sorry to ask you this qn. specifically, as I amnot seeing any LUDs on my case, and my para-legal says, dont worry.
my case details are PD10/05 EB2 I, RD 07/02/07 and ND 08/30/07 at TSC.
Can you enlighten us little bit more.
From , it appears that most people got their GC's without any LUD's. May be most cases are preadjucated and there will be only one final status change.
more...
rajeshalex
09-06 10:34 PM
Lack of knowledge of FIFO.. Low hanging fruits are picked first. July 07 applicants are given low preference when compared with 08 applicants..
rajesh
rajesh
satyasaich
09-08 01:03 PM
Surely great job.
i hope all these sincere efforts will result in a win-win situation
wonderful job
Satya
i hope all these sincere efforts will result in a win-win situation
wonderful job
Satya
more...
485InDreams
09-28 09:38 AM
Though he can sue you...there are more chances he won't do that ...it would be collateral.....
As per the agreement, you should be with your employer till your GC...ok fine...If you leave him after 180 days...suppose if he sues you....
1)You can always reciprocate in kind saying that he didn't pay you on Bench....Which will be a problematic for his company run...
2)You can also say that he don't have any development center here and he is jus forcing you to some requirement in which you are not comfortable with...
3)If he is some desi consultancy company...he would have definetly modified your resume before floating it in the market...If you take those things in the court..he will be in trouble...
Even if he wins...the maximum thing is you have to do is to work with him right...go back to him....perform bad in all the interview...take paid rest for 3 to 4 months...he himself will fire you....
rememeber DOL/USCIS always favours us and not employers....they are trying there best to reduce the desi consultacy company....single complaint will do to get the black mark...employers do know this...the reason they always play it safe...
he will threaten you...but he won't do anything...he knows its waste of money for him ....
Best of luck...
As per the agreement, you should be with your employer till your GC...ok fine...If you leave him after 180 days...suppose if he sues you....
1)You can always reciprocate in kind saying that he didn't pay you on Bench....Which will be a problematic for his company run...
2)You can also say that he don't have any development center here and he is jus forcing you to some requirement in which you are not comfortable with...
3)If he is some desi consultancy company...he would have definetly modified your resume before floating it in the market...If you take those things in the court..he will be in trouble...
Even if he wins...the maximum thing is you have to do is to work with him right...go back to him....perform bad in all the interview...take paid rest for 3 to 4 months...he himself will fire you....
rememeber DOL/USCIS always favours us and not employers....they are trying there best to reduce the desi consultacy company....single complaint will do to get the black mark...employers do know this...the reason they always play it safe...
he will threaten you...but he won't do anything...he knows its waste of money for him ....
Best of luck...
dupedinjuly
07-17 06:00 PM
Thats right. We have won a battle. We need to win the war. The visa numbers need to be recaptured for all the july I-485 to be finally adjudicated.
We need to celebrate but focus our energies on recapturing visa numbers going forward.
Guys -
Senator Cornyn is proposing an amendment to the DOD bill SA 2143. I am not able to read the text of this in Senate.org. We may have to start our campaign again for a permanent fix soon.
NumbersUSA is reporting this in their website. Please we need to mobilize soon.
We need to celebrate but focus our energies on recapturing visa numbers going forward.
Guys -
Senator Cornyn is proposing an amendment to the DOD bill SA 2143. I am not able to read the text of this in Senate.org. We may have to start our campaign again for a permanent fix soon.
NumbersUSA is reporting this in their website. Please we need to mobilize soon.
more...
Administrator2
01-20 01:51 PM
Beautiful.
I was not able to access website over the weekend and wondering why! Here it is.
Great job. I saw that we still have the great feature and same login defect :)
Hi ItIsNotFunny,
Thanks for your feedback. Could you help us to understand the login defect. Will work to fix it promptly.
Thanks,
I was not able to access website over the weekend and wondering why! Here it is.
Great job. I saw that we still have the great feature and same login defect :)
Hi ItIsNotFunny,
Thanks for your feedback. Could you help us to understand the login defect. Will work to fix it promptly.
Thanks,
boom
08-11 01:21 PM
Thanks for your prompt reply.
My I-94 has already expired .So should I put that validity date??
I-94 was for H1B and it is already expired.Working on EAD and didn't travle out of USA so doen't have new I-94.
Thanks again
My I-94 has already expired .So should I put that validity date??
I-94 was for H1B and it is already expired.Working on EAD and didn't travle out of USA so doen't have new I-94.
Thanks again
windycloud
07-10 10:05 AM
It's great that someone started this topic. I've been facing the same discrimination for the past month. A government agency would not recognize my I-797 for H-1B as valid document to prove my legal status. At the same time someone else got approved because he has a H-1B visa stamp in the passport.
Is there something saying that I-797 is a valid and sufficient proof for I-9 and failure to recognize it is discrimination?
Thanks!!!
Is there something saying that I-797 is a valid and sufficient proof for I-9 and failure to recognize it is discrimination?
Thanks!!!
abheja
08-25 04:59 PM
Is a lawyer necessary to file PERM? What are the cons of not hiring a lawyer and doing it ourselves?
tinamatthew
07-17 04:58 PM
Aug bulletin:
http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html
IS THIS GOOD NEWS?? UNAVAILABLE FOR EVERY EMPLOYMENT BASED CATEGORY???
http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html
IS THIS GOOD NEWS?? UNAVAILABLE FOR EVERY EMPLOYMENT BASED CATEGORY???
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