vegasbaby
02-19 07:12 PM
thanks guys for making the effort to understand my situation.
I now need a couple of clarifications:
Pune_guy, you are spot on in your interpretation that it would be a hard sell for an eb-2 application with the current employer.
So now, if i do change a job, i would have to use my ead and hence i would have to join as an engineer(because my understanding is, even though my current role is business development, my gc application is for an engineer role and hence any new job based on ead would have to be that of an engineer).
Is that understanding correct? - yes.
Further, the new eb-2 application from my would-be employer would be for an engineer position - why? Your new eb2 application is altogether a new application. So even if currently you are with a company as engineer, they can file a new eb2 as business development. Because, this is application for future job, not your current job.
Are my assumptions correct?
Thanks much
check above -
I now need a couple of clarifications:
Pune_guy, you are spot on in your interpretation that it would be a hard sell for an eb-2 application with the current employer.
So now, if i do change a job, i would have to use my ead and hence i would have to join as an engineer(because my understanding is, even though my current role is business development, my gc application is for an engineer role and hence any new job based on ead would have to be that of an engineer).
Is that understanding correct? - yes.
Further, the new eb-2 application from my would-be employer would be for an engineer position - why? Your new eb2 application is altogether a new application. So even if currently you are with a company as engineer, they can file a new eb2 as business development. Because, this is application for future job, not your current job.
Are my assumptions correct?
Thanks much
check above -
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gccovet
11-03 08:10 AM
Sorry if this question has been answered already. I searched and could not find any related threads.
My H1B is expiring in December (6 years). My 140 is approved and 485 is pending. I have my EAD card but still working on H1B. I can get a 3 year extension for my H1b as 140 is approved.
My priority date is Feb 2007.
Is it a good idea to renew my H1B even though I already have My EAD?
If I get the H1B extension, would I need visa stamping or can I use AP travel document and still be on H1B?
TIA for the responses.
I agree with meridiani.planum. H1 is better then EAD, you maintain status incase of 485 denial etc.
Also, there is no cap on h1 extensions. A person can get 3 year extension only 1 time after 6th years on H1 being 140 pending > 1 year or approved and 485 pending .
I also would request you to spare some time and send in 4 letters in support of fight against AC21 cases getting denied.
for your reference, check out http://immigrationvoice.org/forum/showthread.php?t=22182
Thank you for your time,
GCCovet
My H1B is expiring in December (6 years). My 140 is approved and 485 is pending. I have my EAD card but still working on H1B. I can get a 3 year extension for my H1b as 140 is approved.
My priority date is Feb 2007.
Is it a good idea to renew my H1B even though I already have My EAD?
If I get the H1B extension, would I need visa stamping or can I use AP travel document and still be on H1B?
TIA for the responses.
I agree with meridiani.planum. H1 is better then EAD, you maintain status incase of 485 denial etc.
Also, there is no cap on h1 extensions. A person can get 3 year extension only 1 time after 6th years on H1 being 140 pending > 1 year or approved and 485 pending .
I also would request you to spare some time and send in 4 letters in support of fight against AC21 cases getting denied.
for your reference, check out http://immigrationvoice.org/forum/showthread.php?t=22182
Thank you for your time,
GCCovet
Mayday
04-03 07:21 PM
You may be rejected to re-enter, as well as you may have your green card application declined based on this unlawful presence.
You should leave the USA on or before the date on your I-94 or have I-94 extended. Actually your employer must have done that.
Border patrol officer was at mistake to stamp that date on I-94 in the first place, but you should be aware of this and notify your employer so they could take action. Actually, I believe, you could get a new I-94 right away.
You need another lawyer on this issue if you are really concerned about filing green card application in the future. 3 years bar may not be that bad actually to make your green card happen sooner.
I would look into a possibility of complaint about border patrol officer improper posting however I am not sure if it may help.
You should leave the USA on or before the date on your I-94 or have I-94 extended. Actually your employer must have done that.
Border patrol officer was at mistake to stamp that date on I-94 in the first place, but you should be aware of this and notify your employer so they could take action. Actually, I believe, you could get a new I-94 right away.
You need another lawyer on this issue if you are really concerned about filing green card application in the future. 3 years bar may not be that bad actually to make your green card happen sooner.
I would look into a possibility of complaint about border patrol officer improper posting however I am not sure if it may help.
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martinvisalaw
12-01 06:00 PM
The relevant dates, as I see it, are:
10/06: H-1B ext filed
12/06: H-1B expired, ext still pending
7/07: 485 filed.
??: H-1B ext denied?
Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation.
10/06: H-1B ext filed
12/06: H-1B expired, ext still pending
7/07: 485 filed.
??: H-1B ext denied?
Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation.
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h4visa
07-27 01:46 PM
After EAD is approved, H4 can work anywhere in any job.
Thanks much Jasmin.
Thanks much Jasmin.
MannyD
10-03 02:32 PM
I can't imagine why people do not want to give whatever I-94 they had collected between two trips out of US. NOt sure of the rules, but the common procedure is to surrender original I-94 AND the ones you got with each H1B. I haven't heard so far that I-94's not returned gained monetary value on ebay or people could use them for anything else. For me, I see surrendering all of them as one ( or some) more document(s) not to worry about.
I feel returning more than one I94 carries its own risks. Who takes it from you? - The airline representative who simply rips off these and shoves it in a cardbox box. By some chance if the newer I94 is overlooked by anyone and a older I94 that also surrendered is entered in your immi records, I'm sure you'd rue that day! Yes, keeping a copy of that I94 is good, but why not prevent the issue at POS?
Gurus, is there any requirement to surrender ALL I94s?
I feel returning more than one I94 carries its own risks. Who takes it from you? - The airline representative who simply rips off these and shoves it in a cardbox box. By some chance if the newer I94 is overlooked by anyone and a older I94 that also surrendered is entered in your immi records, I'm sure you'd rue that day! Yes, keeping a copy of that I94 is good, but why not prevent the issue at POS?
Gurus, is there any requirement to surrender ALL I94s?
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wandmaker
03-28 11:28 PM
Many thanks for IV to get this fixed for students. I am student member of IV since 2007.
I have posted this message in other forums and urged the student community to join IV.
IV rocks!
Balan
^^^^^^
I have posted this message in other forums and urged the student community to join IV.
IV rocks!
Balan
^^^^^^
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GCDelay
11-30 02:36 PM
xxx
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gatsat
10-08 03:10 PM
Hi. I am still unmarried. But i applied for my I-485 when it was current last month . My priority date iss Nov2004 in EB2. Currently it is April2004. I might not be able to get married till May2008. Would i be getting GC by then or is there chances of getting delayed. Please let me know
Also, is there any way that i can keep postponing my application to be processed till i get married ? I filed in Augst 13th and still didnt get my receipt. Also my I-140 is in process in TSC.
Please clarify.
Also, is there any way that i can keep postponing my application to be processed till i get married ? I filed in Augst 13th and still didnt get my receipt. Also my I-140 is in process in TSC.
Please clarify.
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rajuram
01-14 03:47 PM
It is just frustrating to visit these forums and see nothing is happening. We need more members and more money. But if that happens in 10 years, what is the use. Not much anyone can do. Might as well as start packing.
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sugaur
02-01 06:14 PM
Dear all,
I am sorry to post here. I know this is wrong but don't know where to go to. Could someone please help me and tell me how you can diversify your savings as an NRI for a safe secure future?
Thank you for your support.
Again, my apologies.
Q. Who is an optimist?
A. A dude on EB3 with priority date of Aug 2005, looking for a "safe secure" future :D
Joking aside dude, Pay off your debts, buy gold for the wife ( investing in the wife may be the surest way to have a safe secure future lol)), keep some CDs, keep handy cash ( a tleast 6 months of pay), good life insurance, medical insurance, max out 401K, and then if you still have some left you can dabble in stocks.
I am sorry to post here. I know this is wrong but don't know where to go to. Could someone please help me and tell me how you can diversify your savings as an NRI for a safe secure future?
Thank you for your support.
Again, my apologies.
Q. Who is an optimist?
A. A dude on EB3 with priority date of Aug 2005, looking for a "safe secure" future :D
Joking aside dude, Pay off your debts, buy gold for the wife ( investing in the wife may be the surest way to have a safe secure future lol)), keep some CDs, keep handy cash ( a tleast 6 months of pay), good life insurance, medical insurance, max out 401K, and then if you still have some left you can dabble in stocks.
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solaris27
03-31 08:52 AM
Congratulations
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PDOCT05
08-15 02:11 PM
I thought this will give some hope to you.
Mine reached USCIS on July-3rd around 6:00am. All 6 (2x485, 2xAP, 2xEAD) checks were cached today.
Hope yours on the way too...
Is your packet is signed by R.Williams? where is your I-140 approved? and what is your PD?
Mine reached USCIS on July-3rd around 6:00am. All 6 (2x485, 2xAP, 2xEAD) checks were cached today.
Hope yours on the way too...
Is your packet is signed by R.Williams? where is your I-140 approved? and what is your PD?
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Refugee_New
07-25 12:05 PM
Gurus, tell me one thing.
After invoking AC21, what will happen if one is out of job at the time of RFE or NOID request from USCIS?
After invoking AC21, what will happen if one is out of job at the time of RFE or NOID request from USCIS?
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jthomas
05-06 04:04 PM
ganguteli,
there was a donor conference call a couple of weeks back, in which aman, pappu etc participated.
your thoughts of rally was discussed, but unfortunately the numbers are not quiet adding up as it did during the July 2007 fiasco.
As per what I learned from that discussion was when IV sees the "thousands" as per your quote they are willing to support the rally idea. Otherwise, it may not make the noise as we expect it to do.
Yes, I agree with IV core's line of thought in the "rally" idea. I too wish we can do a "rally" but...:-(
I think we should have a rally or some major IV activity. In this case everybody would get together and for every next activity we may be able to see 10% more members. We should start with a smaller number and then grow bigger. (just a thought)
there was a donor conference call a couple of weeks back, in which aman, pappu etc participated.
your thoughts of rally was discussed, but unfortunately the numbers are not quiet adding up as it did during the July 2007 fiasco.
As per what I learned from that discussion was when IV sees the "thousands" as per your quote they are willing to support the rally idea. Otherwise, it may not make the noise as we expect it to do.
Yes, I agree with IV core's line of thought in the "rally" idea. I too wish we can do a "rally" but...:-(
I think we should have a rally or some major IV activity. In this case everybody would get together and for every next activity we may be able to see 10% more members. We should start with a smaller number and then grow bigger. (just a thought)
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mps
08-15 05:02 PM
You need to read AC21 carefully
On exploring this topic further, I found that, at times, DOL conducts an audit to check if the employer paid the proffered wage to the beneficiary after GC approval. In case of a violation, DOL bans the employer from processing further H1�s or GC�s.
On rare occasions, USCIS revokes previously approved GC�s in case of fraud.
Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.
On exploring this topic further, I found that, at times, DOL conducts an audit to check if the employer paid the proffered wage to the beneficiary after GC approval. In case of a violation, DOL bans the employer from processing further H1�s or GC�s.
On rare occasions, USCIS revokes previously approved GC�s in case of fraud.
Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.
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cmhasan
07-07 02:44 PM
Thank you Ms Martin, the information you provided is very helpful. I have similar situation: I am citizen now, we got married 4 years back that time I was permanent resident and my wife�s application was processing on employment based and still pending. She is on EAD now, not on H1 any more. One quick question when we file a new family based immigration we need to provide the information about the current employment based application since there is question in I-485 like:
Have you ever applied for permanent resident status in the U.S.? If yes give date, place of filing and final disposition.
What to answer? Surely you have to give reference to the existing application, so will it not be an issue? Will INS reject the application?
Have you ever applied for permanent resident status in the U.S.? If yes give date, place of filing and final disposition.
What to answer? Surely you have to give reference to the existing application, so will it not be an issue? Will INS reject the application?
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vamsi_poondla
01-18 02:39 PM
All the best....Floridans....hope you will write the letters this weekend without fail..We need to do this simple thing to show our strength.
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vladdrac
06-09 10:32 PM
that looks **** good VD
mani_r1
07-11 04:03 PM
When I went recently for my EAD renewal FP (I deliberately e-filed EAD renewal to get this FP notice, and it came fast), I took a copy of my I485 receipt notice, and explained to them that I have been waiting for that other FP for almost a year (never opened SR). They promptly took both FPs (code-1 for I485 and code-2 for EAD), and also told me I should never have waited this long, and instead should have contacted them (I guess they meant by Infopass) after 2-3 months.
Where was your finger printing? Did you talk to any IO there? My EAD FP is scheduled and I will try to utilize the chance if possible.
Thanks
Where was your finger printing? Did you talk to any IO there? My EAD FP is scheduled and I will try to utilize the chance if possible.
Thanks
CreatedToday
03-18 02:56 PM
It's very sad we depend on this bloodsucker employer (former H1s) who setup the shop and leave you in the lurch when they can't squeeze any more of your blood!
You may complain with DOL, but I�m not sure about any statutory limit to file the case.
Good Luck!
Please note I joined his company along with the current the project, only for faster GC as he promised. But when I came back from India, It took a month for me to find a project. He didn't do marketing and then I realized the mistake of joining him (I assume he must have been consulting somewhere and just enjoying with my free $$$). And while I was looking for the project he threatened to cancel my H1 if I don't find a project soon. Now I'm not sure of you stay with someone who is ready to cancel your H1 in your bad times?
. . .
But now my issue is since he cancelled my I-140 I cannot get my H1 renewed. He should have left it there, I didn't complain about him and fed him.
Now I'm mad since I'm stranded, and if possible complain about him.
I need HELP.
You may complain with DOL, but I�m not sure about any statutory limit to file the case.
Good Luck!
Please note I joined his company along with the current the project, only for faster GC as he promised. But when I came back from India, It took a month for me to find a project. He didn't do marketing and then I realized the mistake of joining him (I assume he must have been consulting somewhere and just enjoying with my free $$$). And while I was looking for the project he threatened to cancel my H1 if I don't find a project soon. Now I'm not sure of you stay with someone who is ready to cancel your H1 in your bad times?
. . .
But now my issue is since he cancelled my I-140 I cannot get my H1 renewed. He should have left it there, I didn't complain about him and fed him.
Now I'm mad since I'm stranded, and if possible complain about him.
I need HELP.
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