WeShallOvercome
08-24 01:45 PM
Hi gurus-
Please let me know Can we use EAD with out I140 Approval.
Thanks
Aj
Yes, You can use EAD and start working on it before I-140 approval BUT you can not change employer using AC21 without an approved I-140 even if your I-485 is pending for more than 180 days.
Let me clarify some doubts people have on this thread...
It's your choice whether to use EAD or H1 to work,
You can change employer on EAD as well as H1(EAD is just easier, no application fee involved), provided your 485 is pending for 180 days and 140 is approved.
EAD does not give you the freedom to change employer if the other 2 conditions are not met(140 approval and 485 pending for 180 days). Once these 2 conditions are met, you can change even on H1....
Please let me know Can we use EAD with out I140 Approval.
Thanks
Aj
Yes, You can use EAD and start working on it before I-140 approval BUT you can not change employer using AC21 without an approved I-140 even if your I-485 is pending for more than 180 days.
Let me clarify some doubts people have on this thread...
It's your choice whether to use EAD or H1 to work,
You can change employer on EAD as well as H1(EAD is just easier, no application fee involved), provided your 485 is pending for 180 days and 140 is approved.
EAD does not give you the freedom to change employer if the other 2 conditions are not met(140 approval and 485 pending for 180 days). Once these 2 conditions are met, you can change even on H1....
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bach007
11-19 09:24 PM
I received an RFE too in Nov 1st week. It was about the evaluation. (It was submitted earlier but still) Lawyer mailed them the required document and now the status has changed to "We received your response to the request on Nov 14th and the case processing has resumed".
How many days does it take them now to make a decision? (Btw I am EB3 and my 140 submission date was Nov 2006)
How many days does it take them now to make a decision? (Btw I am EB3 and my 140 submission date was Nov 2006)
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vishwak
11-23 10:54 AM
I think you might have missed soem field in Application like Eligibility Criteria or made mistake in selecting the proper answer.
I heard that some people are getting EAD for 1 year only, which is sad and again have to go back and pay $360 (Taxed money) in a year.
I heard that some people are getting EAD for 1 year only, which is sad and again have to go back and pay $360 (Taxed money) in a year.
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hpandey
10-09 01:42 PM
If your I-94 expires you will be out of status ... it would be best if you take your new passport and travel outside immediatly before its expiration so that you can get a new I-94. The earlier IO probably didn't give you an I-94 till 2010 because your passport was expiring within 6 months.
I think you need to act on it urgently.
I have the same issue. My wife I-94 was issued based on her passport expiry date and not on her I-797 expiry date. I called up my attorney and she told that the best way to deal with this issue is to travel out of the country. If anybody had renewed it without making a travel, please post here.
[QUOTE=gc_dreamer_485;180725]Hi Folks,
I had been to canada to get my Visa stamped for my 7th in March'07. At the time i was entering United States, the immigration officer did not issue the I-94 to the validity of visa since my passport was expiring on Oct 27th 2007...
I think you need to act on it urgently.
I have the same issue. My wife I-94 was issued based on her passport expiry date and not on her I-797 expiry date. I called up my attorney and she told that the best way to deal with this issue is to travel out of the country. If anybody had renewed it without making a travel, please post here.
[QUOTE=gc_dreamer_485;180725]Hi Folks,
I had been to canada to get my Visa stamped for my 7th in March'07. At the time i was entering United States, the immigration officer did not issue the I-94 to the validity of visa since my passport was expiring on Oct 27th 2007...
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sbind_77
10-18 01:47 PM
The time frame depends your infopass location. I went to DC USCIS Service center. I get appointment in 2 weeks.
select option 2 (You are a new Permanent Resident and have not yet received your Permanent Resident Card)
Infopass appointment letter, 485 approval notice and your passport is enough to get the stamp.
It takes hardly 15 mts for me to get the stamping in the passport.
select option 2 (You are a new Permanent Resident and have not yet received your Permanent Resident Card)
Infopass appointment letter, 485 approval notice and your passport is enough to get the stamp.
It takes hardly 15 mts for me to get the stamping in the passport.
payur
10-05 03:09 PM
are sure it is 7 years? i thought .. it is 3 years.
It is 7 years for your 1040 forms when you file W2 returns, so I would guess you have to keep all related docs for 7 years, if for any reason it gets audited, then IRS could ask for more than 7 years records.
It is 7 years for your 1040 forms when you file W2 returns, so I would guess you have to keep all related docs for 7 years, if for any reason it gets audited, then IRS could ask for more than 7 years records.
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h1bmajdoor
12-24 05:14 PM
do you remember the case of the girl who came to the US as 1 year old and is now some 27 years old and still on H4?
She knows no other place than the US and can be kicked out anytime the husband goes out of status.
Think of her.
She knows no other place than the US and can be kicked out anytime the husband goes out of status.
Think of her.
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senk1s
04-18 11:33 AM
maybe there is some method to this madness ....
Try getting an infopass and get more details
I'm going to check my case status right now
Try getting an infopass and get more details
I'm going to check my case status right now
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sin94
03-16 05:55 PM
whatever be the issue about the debate (doesn't everyone come to this forum to gain something or ask a favor) Past couple of days I have being confused if my my decision about using the AC21 was the right thing to do as many peers advised me against using the AC21 and maintaining the H1. His article on the EAD vs H1B definitely clears up couple of doubts which I had.
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saturnring11
11-07 04:02 PM
Alp,
I faced the exact same question a few months ago. I came to INSEAD in Aug'07 after taking a leave of absence from my employer. My advice is to keep the door open by trying to keep your process active.
Good luck with your time at INSEAD!
I faced the exact same question a few months ago. I came to INSEAD in Aug'07 after taking a leave of absence from my employer. My advice is to keep the door open by trying to keep your process active.
Good luck with your time at INSEAD!
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maverick80
02-05 08:43 PM
Haha. That is an accurate assessment at a 50-foot level. I was pretty disillusioned after a couple of years of working. A mixture of what the fuck am I doing, but not really knowing what to do, and all confused because I was at probably the biggest firm around and and a feeling of even if I switch, what's the point? And not having the balls to switch jobs, for the fear of throwing away what I had, mixed with personal struggles with life and not having the social life that I wanted.
In between all this, the desire to get the GC process kicked off came and went, esp. since I wanted to switch positions to a more people oriented role, and the feeling of gosh, do I want to stay in 6+ years in this job - maybe if I file, then I won't want to change jobs.
As you can see, even I am not sure what was going on there. But my personal life and acclimatizing has sorted itself out rather well of late, and I do want to stay here now that I have a really interesting life (and partly out of fear of throwing everything away and moving somewhere new).
Now, I know that IV is not a self-help trauma group, so I will cut short my story here, which has little to do with the raw facts of my immigration situation :)
And yes, I did not participate or know much about the visa process, or IV till recently, and am a recent need based participant, but I hope that does not stop anyone from contributing their ideas to help me out.
*** Also, to the previous poster (nojoke) who said that big companies usually hold off on perms, are you suggesting that I have a better chance at a smaller company then?
UPDATE: My company attorney suggested talking about this in April, and I am nervous about waiting till then in limbo - things are only going bad to worse, I might as well find a job at a place which will sponsor a PERM sooner rather than later.
I request you to PM me if you have any leads for such companies might still be a good bet for filing a PERM.
uhh..damn immigration process..
In between all this, the desire to get the GC process kicked off came and went, esp. since I wanted to switch positions to a more people oriented role, and the feeling of gosh, do I want to stay in 6+ years in this job - maybe if I file, then I won't want to change jobs.
As you can see, even I am not sure what was going on there. But my personal life and acclimatizing has sorted itself out rather well of late, and I do want to stay here now that I have a really interesting life (and partly out of fear of throwing everything away and moving somewhere new).
Now, I know that IV is not a self-help trauma group, so I will cut short my story here, which has little to do with the raw facts of my immigration situation :)
And yes, I did not participate or know much about the visa process, or IV till recently, and am a recent need based participant, but I hope that does not stop anyone from contributing their ideas to help me out.
*** Also, to the previous poster (nojoke) who said that big companies usually hold off on perms, are you suggesting that I have a better chance at a smaller company then?
UPDATE: My company attorney suggested talking about this in April, and I am nervous about waiting till then in limbo - things are only going bad to worse, I might as well find a job at a place which will sponsor a PERM sooner rather than later.
I request you to PM me if you have any leads for such companies might still be a good bet for filing a PERM.
uhh..damn immigration process..
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PALLO
04-21 01:55 PM
is this a new bill or old one . original post dates back to 06.
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Radharamesh
04-22 05:06 PM
I have been working for company A for last three years and they filed for H1 extension with Vermont service center under premium processing and today my company fot a fax from USCIS asking some questions regarding my managerial qualifications even though they have filed my application based on senior analyst programmer position. In my department I am the only programmer under my manager. Others are data analyst person and they directly report to my manager. Here are the following questions that has been asked by the USCIS:
************************************************** ********
Provide a short answer to the following questions:
How many subordinate supervisors were under the beneficiary's management ?
What were the job titles and job duties of the employees managed ?
What executive / managerial and technical skills were required to perform the overseas duties ?
What defree of discretionary authority in day to day operations did the beneficiary have in the overseas job.
A final decision will not be made for 33 days. During that time you may submit evidence to overcome the reasons for denial.
************************************************** ********
My visa is expiring on may 15 2008. What will happen if I do not get the approval by May 15 2008 ?
Did anyone received a letter like that before ?
Do you think the last statement of USCIS mean that I am right now rejected for extension and my approval depends on the document I am supplying ?
How we should approach the answer to the above questions ?
Any uick help will be appreciated as we have to reply to USCIS very quickly.
thanks in advance
Radharamesh
************************************************** ********
Provide a short answer to the following questions:
How many subordinate supervisors were under the beneficiary's management ?
What were the job titles and job duties of the employees managed ?
What executive / managerial and technical skills were required to perform the overseas duties ?
What defree of discretionary authority in day to day operations did the beneficiary have in the overseas job.
A final decision will not be made for 33 days. During that time you may submit evidence to overcome the reasons for denial.
************************************************** ********
My visa is expiring on may 15 2008. What will happen if I do not get the approval by May 15 2008 ?
Did anyone received a letter like that before ?
Do you think the last statement of USCIS mean that I am right now rejected for extension and my approval depends on the document I am supplying ?
How we should approach the answer to the above questions ?
Any uick help will be appreciated as we have to reply to USCIS very quickly.
thanks in advance
Radharamesh
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immi2006
05-27 09:41 AM
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2006/05/27/MNG07J3A5K1.DTL
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texcan
08-24 09:55 PM
Hello -
As a Primary Applicant my GC was approved (EB-1) but for my wife's application I got an RFE. RFE - USCIS is asking for a VALID wedding certificate showing proof of a hindu wedding under hindu act (dont ask what I was doing or what my lawyer was doing while submitting 485)
Now I have about 28 days (total is 30) to respond to it. I have not rcvd. my GC but it has been approved and has been sent to production. My lawyer told me that as my GC has been approved my VISA is not good anymore. My wife was on dependent visa and so is my kid.
Now as my GC got approved.......my visa got cancelled...........my wife's & kids visa is invalid.............and we did not file for Advance Parole so we cant travel. On top of all this we dont have a wedding certificate.
Any suggestion to address this situation? I cant get a certificate without going back to India and I cant leave the country as If I do so I wont get to enter the country again. Even if somehow (on some legal basis) I can re enter I dont think my wife and kid will be able to re enter US.
If I dont produce evidence then my wife's application will be rejected putting her out of status.............gosh what a mess.....
ANY SUGGESTIONS FROM ANYONE WILL BE HIGHLY APPRECIATED. Murali please respond with any possibility which I can explore upon.
Thanks
Ask you lawyer or read RFE there are other ways to prove marriage i.e. marriage certificates, relative affidevits. Also you must have shown some proof of marriage when your wife was getting visa ( if she came on dependent visa).
Or ask your parents/friends in india to get certificate from registrar. Not sure if this will work for you now, one of my friends had gone to church in US and got marrried ( even though they had been married for 2 years but had not registered for marriage in India).
As a Primary Applicant my GC was approved (EB-1) but for my wife's application I got an RFE. RFE - USCIS is asking for a VALID wedding certificate showing proof of a hindu wedding under hindu act (dont ask what I was doing or what my lawyer was doing while submitting 485)
Now I have about 28 days (total is 30) to respond to it. I have not rcvd. my GC but it has been approved and has been sent to production. My lawyer told me that as my GC has been approved my VISA is not good anymore. My wife was on dependent visa and so is my kid.
Now as my GC got approved.......my visa got cancelled...........my wife's & kids visa is invalid.............and we did not file for Advance Parole so we cant travel. On top of all this we dont have a wedding certificate.
Any suggestion to address this situation? I cant get a certificate without going back to India and I cant leave the country as If I do so I wont get to enter the country again. Even if somehow (on some legal basis) I can re enter I dont think my wife and kid will be able to re enter US.
If I dont produce evidence then my wife's application will be rejected putting her out of status.............gosh what a mess.....
ANY SUGGESTIONS FROM ANYONE WILL BE HIGHLY APPRECIATED. Murali please respond with any possibility which I can explore upon.
Thanks
Ask you lawyer or read RFE there are other ways to prove marriage i.e. marriage certificates, relative affidevits. Also you must have shown some proof of marriage when your wife was getting visa ( if she came on dependent visa).
Or ask your parents/friends in india to get certificate from registrar. Not sure if this will work for you now, one of my friends had gone to church in US and got marrried ( even though they had been married for 2 years but had not registered for marriage in India).
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fundo14
04-18 05:01 PM
Isn't it a relief? if the officer calls you for interview, checks your documents and says approved but no GC till PD current? I can live happily with it for couple of years atleast without thinking of GC. The feeling of getting GC in future 100% is almost equal to having GC today. You can change jobs on AC21 without fear and use EAD and AP full force and forget about renewing H1b's
Exactly, I agree with you. I would love to get such an interview call. Atleast after that I will be sure that one day i will get the actual GC.:D
Exactly, I agree with you. I would love to get such an interview call. Atleast after that I will be sure that one day i will get the actual GC.:D
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vejella
07-13 10:25 AM
I feel they will be releasing Bulletin after 3 PM EST.....
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natrajs
05-25 11:09 PM
I just received the following email from TSC. case status is also updated with a hard LUD. It seems like TSC online system is working again!!!!!!!
receipt Number: SRC07******
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On April 9, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Congrats and Best Wishes
receipt Number: SRC07******
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On April 9, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Congrats and Best Wishes
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rb_248
09-10 06:23 PM
Friends,
Are we required to carry GC with us all the time ? :confused:
My attorney says we must. What if I lose it or damage it ? Can we carry a photocopy ?
Are we required to carry GC with us all the time ? :confused:
My attorney says we must. What if I lose it or damage it ? Can we carry a photocopy ?
desitechie
05-12 03:55 PM
Thanks for the information Vin, my question to you is where do you see the dates for EB2 India in July 2010?
Thanks again.
July--->Sep 2010 will go to Dec 2005 (pessimistic) or Apr 2006 (Optimistic)
Thanks again.
July--->Sep 2010 will go to Dec 2005 (pessimistic) or Apr 2006 (Optimistic)
vamsi_poondla
03-16 01:22 PM
IMO, there could be unfortunate situations for anybody which may seem to be like one will go out-of-status. Best option is go to a good attorney. It is not cheap option but certainly it is best way to get things answered professionally within a specific time period. It will also prevent your case to be wide open on forums for any agency or anti-s to target you. You will also be protected by attorney client confidentiality agreements.
I saw some questions like "I am not working on H1B though I have visa. Or things like "I am not paid on bench. Is that alright". Does it need anybody to confirm that you could be out of status? Quite naive to ask that on forum.
Best option, do not violate any law intentionally. When we take so much care by not even jay-walking, we should be super careful about the immigration laws and statuses.
I saw some questions like "I am not working on H1B though I have visa. Or things like "I am not paid on bench. Is that alright". Does it need anybody to confirm that you could be out of status? Quite naive to ask that on forum.
Best option, do not violate any law intentionally. When we take so much care by not even jay-walking, we should be super careful about the immigration laws and statuses.