rolrblade
07-20 01:33 PM
What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet)
All :
this discussion is covered in more detail on this thread.
http://immigrationvoice.org/forum/showthread.php?t=10693
Please follow it there. It will help answer so many of your questions.
Sorry techbuyer....to steal your thunder :)
All :
this discussion is covered in more detail on this thread.
http://immigrationvoice.org/forum/showthread.php?t=10693
Please follow it there. It will help answer so many of your questions.
Sorry techbuyer....to steal your thunder :)
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abhijitp
07-19 12:57 PM
Thanks for clarifying milind70.
Abhijip - We all want to help here but please don't provide confusing info.
As for the original poster, he can still apply for AOS if he gets the receipt. I got mine from TSC on July 13 and they got the I140 on July 6. It wasn't labor subst though.
Hang in there another week. Can you verify if they cashed the check ?? They print the receipt# on the back.
Sorry... I did not know you could file concurrently before PERM came into play. So, does the original poster have to wait for the I-140 receipt? Only then can he apply for AOS using that receipt number? What if he applied for I-140 ONCE more, only this time concurrently along with a I-485? I think you can submit multiple I-140's ... just that you could only premium-process (BTW, no Premium Processing through this month anyways!) the one I-140 that goes out with the original "Labor certification approval".
Abhijip - We all want to help here but please don't provide confusing info.
As for the original poster, he can still apply for AOS if he gets the receipt. I got mine from TSC on July 13 and they got the I140 on July 6. It wasn't labor subst though.
Hang in there another week. Can you verify if they cashed the check ?? They print the receipt# on the back.
Sorry... I did not know you could file concurrently before PERM came into play. So, does the original poster have to wait for the I-140 receipt? Only then can he apply for AOS using that receipt number? What if he applied for I-140 ONCE more, only this time concurrently along with a I-485? I think you can submit multiple I-140's ... just that you could only premium-process (BTW, no Premium Processing through this month anyways!) the one I-140 that goes out with the original "Labor certification approval".
njdude26
09-27 08:21 AM
Hi!
Much like many in this forum, my husband and I are stuck in this retrogression mess. I have spent 3 years on H4 and 3 more in H1. I am told now that I will not be able to work until my husband's greencard process has moved beyond the 485 stage. Our lawyer is suggesting that I can extend my H1 by 3 years by making a good faith argument to the USCIS that I have not utilized the full 6 years in H1 time and a secondary arguement that my husband has an approved 140 petition that can allow extension of H time. I will really appreciate any opinions from the forum members and from people who may tried this before. Please respond!
My lawyer had also said the same thing. You can get an extension of H based on your husbands approved I140.
Much like many in this forum, my husband and I are stuck in this retrogression mess. I have spent 3 years on H4 and 3 more in H1. I am told now that I will not be able to work until my husband's greencard process has moved beyond the 485 stage. Our lawyer is suggesting that I can extend my H1 by 3 years by making a good faith argument to the USCIS that I have not utilized the full 6 years in H1 time and a secondary arguement that my husband has an approved 140 petition that can allow extension of H time. I will really appreciate any opinions from the forum members and from people who may tried this before. Please respond!
My lawyer had also said the same thing. You can get an extension of H based on your husbands approved I140.
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coolpal
04-20 03:07 PM
I got my approval notice today, and as expected, it is approved as consular process with the Chennai consulate as the class consulate.
I hope I won't have any problems using EAD. Taking the dive now.
pal :)
I hope I won't have any problems using EAD. Taking the dive now.
pal :)
more...
sabbygirl99
03-28 04:42 PM
:D ....an immigration lawyer (anna baker in Rajiv S Khanna's office):
Question # 1:
From me:
I am currently on a work visa (H1) and I know that I can maintain it even if I work part-time. I want to go back to school as a full time student. I just want to check that I can maintain a legal status as a part-time worker and a full-time student. What are my options?
From Anna:
According to Mr. Khanna it should not be a problem if you hold a part-time H-1 and enroll in fulltime studies while being on H-1. You should further discuss the university's requirements with the foreign student office at the school. You cannot hold both F-1 and H-1 status.
Question # 2:
From me:
I wanted to know whether going to school full time and working part time on an H1 would jeopardize my green card application. It is currently pending at the Philly Backlog Center.
From Anna:
According to Mr. Khanna it should not have an effect.
:D ....an admissions officer of one of the schools:
It is possible to study while in H-1 status, however, it usually is not the primary purpose for being in the U.S. I have had two students who have done this, one was a PhD who only had one semester of coursework before beginning the dissertation phase and has since applied for and received permanent residency. The other student was on H-1B, was getting married to a U.S. citizen and applying for permanent residency as well, so neither case would really apply to you.
I sometimes advise students against remaining in H-1 status unless there is a compelling reason to do so. If you do remain in that status you are required to still be working for your employer, which can be difficult due to the demands of the degree program here at XXXXX. XXXXX is a full-time program, so you would not be permitted to do the program on a part-time basis in order to allow for your work commitments. Also, there is a 6 year limit on H-1's. Technically, study in H-1B should be incidental to your primary purpose for being in the U.S.
Again, if you and your employer determine that you will remain in H-1B status please let me know, otherwise we must process a change of status for you to F-1 or if you are planning on leaving the U.S. during the summer, we can process and initial status I-20 for you and you will be required to apply for an F-1 visa at a U.S. Embassy/Consulate, before returning to being the program at XXXXX.
:D ....From another admissions officer. [She keeps saying the same thing no matter how many times I ask her...I'm about to ask her for a Yes/No answer as politely as I can :) ]
You can attend school on an H-1b if school is incidental to your H-1b status
Hope this helps shed some light for you.
Question # 1:
From me:
I am currently on a work visa (H1) and I know that I can maintain it even if I work part-time. I want to go back to school as a full time student. I just want to check that I can maintain a legal status as a part-time worker and a full-time student. What are my options?
From Anna:
According to Mr. Khanna it should not be a problem if you hold a part-time H-1 and enroll in fulltime studies while being on H-1. You should further discuss the university's requirements with the foreign student office at the school. You cannot hold both F-1 and H-1 status.
Question # 2:
From me:
I wanted to know whether going to school full time and working part time on an H1 would jeopardize my green card application. It is currently pending at the Philly Backlog Center.
From Anna:
According to Mr. Khanna it should not have an effect.
:D ....an admissions officer of one of the schools:
It is possible to study while in H-1 status, however, it usually is not the primary purpose for being in the U.S. I have had two students who have done this, one was a PhD who only had one semester of coursework before beginning the dissertation phase and has since applied for and received permanent residency. The other student was on H-1B, was getting married to a U.S. citizen and applying for permanent residency as well, so neither case would really apply to you.
I sometimes advise students against remaining in H-1 status unless there is a compelling reason to do so. If you do remain in that status you are required to still be working for your employer, which can be difficult due to the demands of the degree program here at XXXXX. XXXXX is a full-time program, so you would not be permitted to do the program on a part-time basis in order to allow for your work commitments. Also, there is a 6 year limit on H-1's. Technically, study in H-1B should be incidental to your primary purpose for being in the U.S.
Again, if you and your employer determine that you will remain in H-1B status please let me know, otherwise we must process a change of status for you to F-1 or if you are planning on leaving the U.S. during the summer, we can process and initial status I-20 for you and you will be required to apply for an F-1 visa at a U.S. Embassy/Consulate, before returning to being the program at XXXXX.
:D ....From another admissions officer. [She keeps saying the same thing no matter how many times I ask her...I'm about to ask her for a Yes/No answer as politely as I can :) ]
You can attend school on an H-1b if school is incidental to your H-1b status
Hope this helps shed some light for you.
nagesh75
07-06 04:40 PM
I am currently working on using EAD. I went to India for a visit and came back to US on 7/7/08 using AP. On the form I-94 they mentioned my status as �Paroled� till 7/7/2009.
Does it mean I have to leave the country before that date and come back again to get the different date on I-94. Should I worry about the date mentioned on the I-94 form?
I know that, If we are on H1 we usually apply for the extension before our 94 expires so that we will get a new I-94 with new date. But in this case, since I not leaving the country how does this date will get changed in I-94 form.
Does it mean I have to leave the country before that date and come back again to get the different date on I-94. Should I worry about the date mentioned on the I-94 form?
I know that, If we are on H1 we usually apply for the extension before our 94 expires so that we will get a new I-94 with new date. But in this case, since I not leaving the country how does this date will get changed in I-94 form.
more...
sanju
10-09 05:07 PM
Hi! there,
Are you sure you talked to the Immigration Officer? The guys who pick-up the phone at USCIS are not Immigration Officers. They are working for the contracting company assigned to just handle the incoming calls. If you convince them for speaking to an Immigration Officer about a pressing issue, only then you get transferred to an Immigration Officer, that changes of this happening is 1 in 10.
And the chance of the representative of the contracting company saying this is very high. Others on the forum have report much more weird experiences/replies.
Could you please clarify if the call was actually transferred to an Immigration Officer who told you this?
Hi,
I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!
If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!
I am not sure what to do! Can somebody suggest anything!
How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!
Are you sure you talked to the Immigration Officer? The guys who pick-up the phone at USCIS are not Immigration Officers. They are working for the contracting company assigned to just handle the incoming calls. If you convince them for speaking to an Immigration Officer about a pressing issue, only then you get transferred to an Immigration Officer, that changes of this happening is 1 in 10.
And the chance of the representative of the contracting company saying this is very high. Others on the forum have report much more weird experiences/replies.
Could you please clarify if the call was actually transferred to an Immigration Officer who told you this?
Hi,
I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!
If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!
I am not sure what to do! Can somebody suggest anything!
How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!
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smiledentist
06-14 01:45 PM
485 can be filed for future employment. So technically, your old company with one of the partners can file for 485, presuming no other technical flaws with ability to pay and other such stuff. Contact an attorney, but according to me, a strong possibility of filing with old company and then using AC21.
I think ability to pay is at 140 stage,and that has gotten cleared.I was wondering if I could file 485 from the old company and invoke ac 21 after 181 days.
I think ability to pay is at 140 stage,and that has gotten cleared.I was wondering if I could file 485 from the old company and invoke ac 21 after 181 days.
more...
looivy
02-24 02:30 PM
This is how the e-mail will be : take a print which should show your e-mail address as provided on the visa application form....
Dear Sir/Madam,
This is to inform you that the administrative process for your US non-immigrant visa application has been completed.
You DO NOT require scheduling another appointment. Please visit the VFS office with your yellow pending letter, passport and yellow envelope. YOU do not need to come to the CONSULATE.
Please carry a copy of this email for ready reference.
Thank you
Regards
Mumbai NIV / AO
Thanks for sharing the information. Did they disclose what the admin processing was for?
Dear Sir/Madam,
This is to inform you that the administrative process for your US non-immigrant visa application has been completed.
You DO NOT require scheduling another appointment. Please visit the VFS office with your yellow pending letter, passport and yellow envelope. YOU do not need to come to the CONSULATE.
Please carry a copy of this email for ready reference.
Thank you
Regards
Mumbai NIV / AO
Thanks for sharing the information. Did they disclose what the admin processing was for?
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rb_248
10-19 04:27 PM
Did you have to change your address while you switched jo?. And if you had changed address, did you inform USCIS. I am trying to find out if address chnge is what triggers RFE for job switch. Also were you on H1B or using EAD with previous employer.
I moved out of state. I owned a home and it took a while to sell. So I stayed at a temporary facility. So effectively I retained the same address. But, we got the cards just before we sold the house. So the answer to your question is No I did not inform USCIS. But, I had a justification not to inform the USCIS.
I moved out of state. I owned a home and it took a while to sell. So I stayed at a temporary facility. So effectively I retained the same address. But, we got the cards just before we sold the house. So the answer to your question is No I did not inform USCIS. But, I had a justification not to inform the USCIS.
more...
gc_lover
06-08 07:51 AM
Isn't it a sad irony that we are now celebrating the demise of the much anticipated CIR...which was supposed to have solved all our issues...
Any idea what's in store for the future...
It's a restrictionist stratergy. If you have X, and you ask for X+5 then they will threaten you with X-5. In the end, you will be happy that you have your X back and won't ask for X+5, at least for a while.
Any idea what's in store for the future...
It's a restrictionist stratergy. If you have X, and you ask for X+5 then they will threaten you with X-5. In the end, you will be happy that you have your X back and won't ask for X+5, at least for a while.
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Robert Kumar
01-03 08:51 AM
SEVIS applies to F, M and J nonimmigrant students irrespective of undergraduate or graduate studies. I don't think Robert Kumar should consider F1, because he already has AOS pending status and not considered a nonimmigrant student anymore. Its no different than a permanent resident applying for a F1 visa. BTW, I took more than 18 credits in year 2010 @ resident tuition rate with my I-485 receipt, and received federal student loan as an eligible non-citizen with my AP stamp on passport. From what I heard on this forum, some universities are reluctant in considering AOS for resident tuition rate, but one can get help from the justice department in such cases. Here in Arizona all state universities accept AOS as equivalent status of a permanent resident.
All,
Thank you.
So are you saying I can join school, not get paid by employer during full time study of MBA and still maintain status. And will not face any problem in my 485 approval.
And that I dont need to change to F1 status. I really dont need aid. I'm ok with paying my tuition, as long as my status is maintained.
My EB3 will take some more time.
All,
Thank you.
So are you saying I can join school, not get paid by employer during full time study of MBA and still maintain status. And will not face any problem in my 485 approval.
And that I dont need to change to F1 status. I really dont need aid. I'm ok with paying my tuition, as long as my status is maintained.
My EB3 will take some more time.
more...
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indyanguy
01-13 03:54 PM
I looked at my copy of the packet that was sent to USCIS and yes, it appears that the lawyer did include all the EVLs.
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StuckInTheMuck
08-07 10:47 AM
I filed mine, and my wife's, July 2 ('07) without medical, got status alert "RFE notice sent" Aug 4, guessing medical (have doc appointment tomorrow).
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kriskris
08-22 02:35 PM
there are no issues: your H1 and 485 are independent (until the 485 is approved, at which point your H1 is invalid). Until then, even if you have filed your 485, whether you have receipts or not you can keep filing extensions and getting new I-94s. You can also transfer your H1 around (better to do after 180 days and invoke AC21) whether you have a 485 receipt or not.
dont worry, go ahead and bump up your H1 extension to PP. As long as you qualify for the extension (LC >365 days or 140 approved) you will get it and your 485 continues getting processed independently.
Thanks for the reply gc_chahiye.
If i upgrade my H1 to premium, would they upgrade and process my wife's H4 in premium. I know that there is no premium for H4. If i would have opted for PP at the time of submission, both the apps would have been processed in premium, but now since we have separate receipt numbers for H1 and H4, would they be processed at the same time. Any past experiences?????
dont worry, go ahead and bump up your H1 extension to PP. As long as you qualify for the extension (LC >365 days or 140 approved) you will get it and your 485 continues getting processed independently.
Thanks for the reply gc_chahiye.
If i upgrade my H1 to premium, would they upgrade and process my wife's H4 in premium. I know that there is no premium for H4. If i would have opted for PP at the time of submission, both the apps would have been processed in premium, but now since we have separate receipt numbers for H1 and H4, would they be processed at the same time. Any past experiences?????
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gc_eb2_waiter
11-16 04:08 PM
From immigration-law.com
Senate Passed S. Res. 299 Recognizing Festival of Diwali
On November 14, 2007, the Senate passed the following resolution:
Whereas Diwali, a festival of great significance to Indian Americans and South Asian Americans, is celebrated annually by Hindus, Sikhs, and Jains throughout the United States;
Whereas there are nearly 2,000,000 Hindus in the United States, approximately 1,250,000 of which are of Indian and South Asian origin;
Whereas the word ``Diwali'' is a shortened version of the Sanskrit term ``Deepavali'', which means ``a row of lamps'';
Whereas Diwali is a festival of lights, during which celebrants light small oil lamps, place them around the home, and pray for health, knowledge, and peace;
Whereas celebrants of Diwali believe that the rows of lamps symbolize the light within the individual that rids the soul of the darkness of ignorance;
Whereas Diwali falls on the last day of the last month in the lunar calendar and is celebrated as a day of thanksgiving and the beginning of the new year for many Hindus;
Whereas for Hindus, Diwali is a celebration of the victory of good over evil;
Whereas for Sikhs, Diwali is feted as the day that the sixth founding Sikh Guru, or revered teacher, Guru Hargobind, was released from captivity by the Mughal Emperor Jehangir; and
Whereas for Jains, Diwali marks the anniversary of the attainment of moksha, or liberation, by Mahavira, the last of the Tirthankaras (the great teachers of Jain dharma), at the end of his life in 527 B.C.: Now, therefore, be it
Resolved, That the Senate--
(1) recognizes the religious and historical significance of the festival of Diwali; and
(2) in observance of Diwali, the festival of lights, expresses its deepest respect for Indian Americans and the Indian diaspora throughout the world on this significant occasion.
Congratulations to East Indians.
:D:D Happy to see that Senate recognised 5000+ Years of Indian celebration.
I hope they don't need another :( 5000years to provide for relief in Employment based GCs.
:D:D
Senate Passed S. Res. 299 Recognizing Festival of Diwali
On November 14, 2007, the Senate passed the following resolution:
Whereas Diwali, a festival of great significance to Indian Americans and South Asian Americans, is celebrated annually by Hindus, Sikhs, and Jains throughout the United States;
Whereas there are nearly 2,000,000 Hindus in the United States, approximately 1,250,000 of which are of Indian and South Asian origin;
Whereas the word ``Diwali'' is a shortened version of the Sanskrit term ``Deepavali'', which means ``a row of lamps'';
Whereas Diwali is a festival of lights, during which celebrants light small oil lamps, place them around the home, and pray for health, knowledge, and peace;
Whereas celebrants of Diwali believe that the rows of lamps symbolize the light within the individual that rids the soul of the darkness of ignorance;
Whereas Diwali falls on the last day of the last month in the lunar calendar and is celebrated as a day of thanksgiving and the beginning of the new year for many Hindus;
Whereas for Hindus, Diwali is a celebration of the victory of good over evil;
Whereas for Sikhs, Diwali is feted as the day that the sixth founding Sikh Guru, or revered teacher, Guru Hargobind, was released from captivity by the Mughal Emperor Jehangir; and
Whereas for Jains, Diwali marks the anniversary of the attainment of moksha, or liberation, by Mahavira, the last of the Tirthankaras (the great teachers of Jain dharma), at the end of his life in 527 B.C.: Now, therefore, be it
Resolved, That the Senate--
(1) recognizes the religious and historical significance of the festival of Diwali; and
(2) in observance of Diwali, the festival of lights, expresses its deepest respect for Indian Americans and the Indian diaspora throughout the world on this significant occasion.
Congratulations to East Indians.
:D:D Happy to see that Senate recognised 5000+ Years of Indian celebration.
I hope they don't need another :( 5000years to provide for relief in Employment based GCs.
:D:D
more...
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kaisersose
10-28 11:40 PM
We recieved EADs 3 weeks back and I am planning to apply SSN for my wife and kid.
Can anyone let me know what documents are required to show up at SSN office while applying SSN.
Thanks,
Sury
You got an EAD for your kid? What is the minimum age for a kid to be eligible for an EAD?
The SSN card will contain a restriction saying "authorized for work only" which would mean the kid should have reached the min age for eligibility to work.
Can anyone let me know what documents are required to show up at SSN office while applying SSN.
Thanks,
Sury
You got an EAD for your kid? What is the minimum age for a kid to be eligible for an EAD?
The SSN card will contain a restriction saying "authorized for work only" which would mean the kid should have reached the min age for eligibility to work.
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ivjobs
11-08 09:10 PM
Another group with help of IV, to suck the blood by sponsoring H1s...
Believe me , at least 80% of this so called enterpreneurs will end up like present H1/desi employers/blood sucking companies
Of course 20% will be real good with clean intentions.
I bet...As i saw so many people in the same manner.
My close friends got GC and now sucking people with H1s , after just registering LLC with state secretary by paying 100$ reg fees and filing few H1s with INS
Well let us assume this group has people in that 20% too..
Believe me , at least 80% of this so called enterpreneurs will end up like present H1/desi employers/blood sucking companies
Of course 20% will be real good with clean intentions.
I bet...As i saw so many people in the same manner.
My close friends got GC and now sucking people with H1s , after just registering LLC with state secretary by paying 100$ reg fees and filing few H1s with INS
Well let us assume this group has people in that 20% too..
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GCNirvana007
08-31 02:07 PM
Finger print done Nov 2007. After that, one LUD in June 2009. Thats it.
gjoe
08-21 05:35 PM
Yes that is correct!
Are you a gemini? If this is also an yes I will go further to predict more
Are you a gemini? If this is also an yes I will go further to predict more
Beemar
12-08 09:38 PM
Somebody recently gave me a red dot for one of my posts, which is alright, but the person qualified it with a highly offensive Hindi expletive. The words are too obscene to be posted in open forum so I will refrain from reproducing them.
I want IV to reveal the name of the culprit, and ban him/her immediately. Failing which, I will have to evaluate other options to seek redress.
Needless to say, this whole dot mongering is seriously flawed and needs rethinking.
I want IV to reveal the name of the culprit, and ban him/her immediately. Failing which, I will have to evaluate other options to seek redress.
Needless to say, this whole dot mongering is seriously flawed and needs rethinking.
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