a_yaja
06-22 10:04 AM
1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st
Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.
SO the question is:
As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?
Please advise.
My understanding is that the COS is from H4 to H1. If you wife uses EAD to work, she will no longer be on H4 status. So, to get to the H1 status, she will leave the country and enter once again on H1. I think that is what desi3939 is also saying.
You should however consult a lawyer and get his/ her opinion. Everthing else is not legal advice and you should not go by our opinions.
Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.
SO the question is:
As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?
Please advise.
My understanding is that the COS is from H4 to H1. If you wife uses EAD to work, she will no longer be on H4 status. So, to get to the H1 status, she will leave the country and enter once again on H1. I think that is what desi3939 is also saying.
You should however consult a lawyer and get his/ her opinion. Everthing else is not legal advice and you should not go by our opinions.
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samcam
05-18 05:03 PM
Welcome to our news member Selvaela..
Roger Binny
09-14 10:38 PM
Any attorney involvement is there during the porting request ?
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abhikal
04-28 06:23 PM
Hi guys,
please help me out. My H1 will expire May 09 (i could claim about 3-4 months outside of india for h1 extension)
My question is if i start my LCA < 365 days from H1b expiry date and get it approved and subsequently file for 1-140 and say 1-140 is not approved, will i get H1 7th year extension?
Thanks for your help and replies
please help me out. My H1 will expire May 09 (i could claim about 3-4 months outside of india for h1 extension)
My question is if i start my LCA < 365 days from H1b expiry date and get it approved and subsequently file for 1-140 and say 1-140 is not approved, will i get H1 7th year extension?
Thanks for your help and replies
more...
sweet_jungle
12-29 05:10 PM
Like all July 2 filers, I will now become eligible for AC-21.
My I-140 has been approved long back.
However, I do not have a copy of approved I-140.
If i Change, I will change using H1 and not EAD.
In the new company, will I be able to get a 3 year extension with ONLY I-485 receipt?
I am retrogressed and so technically should be able to get 3 year ext.But, the only way to prove it is through I-140 approval copy which I do not have.
If anybody has changed using H1 transfer and only I-485 receipt, please let me know whether you got 1 year extension or 3 year extension.
My I-140 has been approved long back.
However, I do not have a copy of approved I-140.
If i Change, I will change using H1 and not EAD.
In the new company, will I be able to get a 3 year extension with ONLY I-485 receipt?
I am retrogressed and so technically should be able to get 3 year ext.But, the only way to prove it is through I-140 approval copy which I do not have.
If anybody has changed using H1 transfer and only I-485 receipt, please let me know whether you got 1 year extension or 3 year extension.
apahilaj
02-28 08:47 AM
I opened SR in Jan...took infopass last week...NOTHING..stupid people are saying that my namecheck is going on..i applied 140 and 485 in July...i140 not yet approved...no FP also...blackhole...
Same exact response I got.
FP is so not dependent on name check.
Same exact response I got.
FP is so not dependent on name check.
more...
tonyHK12
11-07 10:00 AM
Guys the person who wrote this article is a Democratic political consultant - in short political propaganda.
I would like to hear views from someone who is neutral.
If I recall Birthright citizenship was only being opposed for those who were not legally in the US. But as someone said this will be a very tough change to achieve anyway.
I am all for both parties working together, doing what is better for the country, rather than passing Bills in 1 week that no one knows the contents of.
I really want to see some concrete facts showing they oppose legal immigration.
I would like to hear views from someone who is neutral.
If I recall Birthright citizenship was only being opposed for those who were not legally in the US. But as someone said this will be a very tough change to achieve anyway.
I am all for both parties working together, doing what is better for the country, rather than passing Bills in 1 week that no one knows the contents of.
I really want to see some concrete facts showing they oppose legal immigration.
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viswanadh73
01-03 02:53 PM
hi i have a question here:
suppose some x's labour PD date is 2004 August and some Y's PD date is 2006.
Y Applied I-485 on July2nd 2007 and X applied on Aug10th 2007.
so whose application processed first? is x's or Y's for final GC process.
thanks for your answers.
suppose some x's labour PD date is 2004 August and some Y's PD date is 2006.
Y Applied I-485 on July2nd 2007 and X applied on Aug10th 2007.
so whose application processed first? is x's or Y's for final GC process.
thanks for your answers.
more...
pnjbindia
04-11 02:11 PM
LASANTHE,
I know you are a very active member of this community and I have been following your posts for a while. Congrats on the GC!! Did you call them -TSC to remind them to process your application as your dates recently became current?
I got married this year to a person from ROW category. As such, my dates are current and I applied 485 for my wife and also asked my application to be considered in ROW. No LUDs on my case so far :(.. I have gotten receipts for my spouse. I am not sure how to shout out to TSC to process my application in ROW. .... any ideas...
I know you are a very active member of this community and I have been following your posts for a while. Congrats on the GC!! Did you call them -TSC to remind them to process your application as your dates recently became current?
I got married this year to a person from ROW category. As such, my dates are current and I applied 485 for my wife and also asked my application to be considered in ROW. No LUDs on my case so far :(.. I have gotten receipts for my spouse. I am not sure how to shout out to TSC to process my application in ROW. .... any ideas...
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vin13
01-10 08:58 AM
What do you mean by
"Can an attorney force me to file AC-21 even if i dont want to?"
Are you asking if the attorney would file the change of employment letter?
Please clarify your question
"Can an attorney force me to file AC-21 even if i dont want to?"
Are you asking if the attorney would file the change of employment letter?
Please clarify your question
more...
HopeSprings
09-01 06:19 PM
I received email from USCIS this morning for my wife I-485 i.e Card Ordered for Production. I am the Primary applicant, but i am still waiting for my turn. My PD is Sep 2004 & EB2.
We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.
I really for your help in Advance.
Thanks,
Lotus
Call USCIS to find out about your case. My friend's I-485 (Primary) showed an updated status but his wife's status was unchanged. When he called USCIS he was told that 485 was approved for both..just that his wife's status was not updated.
We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.
I really for your help in Advance.
Thanks,
Lotus
Call USCIS to find out about your case. My friend's I-485 (Primary) showed an updated status but his wife's status was unchanged. When he called USCIS he was told that 485 was approved for both..just that his wife's status was not updated.
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GC_SUCK
08-14 10:04 AM
I am also thinking to either file EB2-PERM or convert my current EB3-ROW Regular LC PD-04/2002 to PERM.
I received 45 day letter about six months ago. Do you think I should go with any of these options. Will appreciate ur comments
I received 45 day letter about six months ago. Do you think I should go with any of these options. Will appreciate ur comments
more...
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bigboy007
02-25 10:13 PM
I laughed at it when i first saw this in OhLaw website. Any employee who thinks of AC21 job change would be in either of those buckets mentioned and conclusion is NO AC21 for EB employees if truely interpreted another scary tactic though.....
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EkAurAaya
06-01 06:18 PM
It doesnt matter at what day you apply, there are a lot of applications "pending" from before that will take up the "available" visa numbers, we still have to go through name check and other stuff that takes forever :D its a black hole all you can do is pray and hope your application gets looked at soon and the visa #'s stay current for atleast another 3 months.
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antony
03-25 10:18 AM
I was offered a job by a top TARP funded bank and got my offer also around Jan end. Then they found out that TARP funded company cannot hire H1's. They kept me as a contractor for 3 months so that they could try for a work around. In the mean time they interviewed almost 80 people ( out of numerous applications ) and still couldn't find a better person. Now they are trying to keep as a contractor for indefinite period, but they cant do that as well ( top management not supporting ). I just went and talked to my director. She said " It seems that I have to settle for a less qualified person ".
They have been trying to get me on board for past 6 months. I came as a contractor...they wanted me full time ... didnt have funds...they fought with top management and got the funds....then the H1 ban came...and they fought against it too.
Really sad that I cant join their team.
I am ready to talk to the reporter. But, I would prefer not to use my real name and all those things...I dont want my current employer to know that I was trying for another job.Is there a way that I can help ?
They have been trying to get me on board for past 6 months. I came as a contractor...they wanted me full time ... didnt have funds...they fought with top management and got the funds....then the H1 ban came...and they fought against it too.
Really sad that I cant join their team.
I am ready to talk to the reporter. But, I would prefer not to use my real name and all those things...I dont want my current employer to know that I was trying for another job.Is there a way that I can help ?
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The7zen
01-26 07:54 PM
Voted ????? How ? did u get a confirmation ?
Anyone care to answer this ????
Anyone care to answer this ????
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crystal
08-16 02:36 PM
You are saying u have applied F1 after filing I-485 or before filing? What was the gap between them ? All I know is that the less the duration between them the more the trouble.
please do reply .I am waiting.
please do reply .I am waiting.
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saurav_4096
03-14 11:22 AM
I just came back from bombay. I did not have an AP. I went to the consulate for stamping. If you are maintaining valid h1b status and have a stamp, there is no issue at all. Just carry your I-485 receipt with you and make sure you mention it at POE.
Hi nfinity,
I am planning to get H1B from Mumbai consulate in April, with my i-485 pending. It was good to read your post about successful stamping at mumbai consulate. I would appereciate if you can share you experience at
1. mumbai consultate,
2. POE
3. If you have any additional tips.
Thanks
Saurav
Hi nfinity,
I am planning to get H1B from Mumbai consulate in April, with my i-485 pending. It was good to read your post about successful stamping at mumbai consulate. I would appereciate if you can share you experience at
1. mumbai consultate,
2. POE
3. If you have any additional tips.
Thanks
Saurav
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saloni
07-18 02:28 PM
I am currently on H1b visa and have filed I-485 as primary. My spouse is also on H1B and is derivative. We both have EAD's but are still maintaining H1B status.
My employer is reluctant to file H1B extension as there are lots of RFE's and client/vendor letter requirements and paper work he does not want to do.
He has asked me to change my status to H4 and work on EAD.
Can I work on EAD without filing H1B-H4.
or
After the new memo regarding unlawful status, it is better to file H1 to H4 and continue working on EAD for my employer.
Will this affect anyhow on my chances of approval of my AOS?
Appreciate your response.
My employer is reluctant to file H1B extension as there are lots of RFE's and client/vendor letter requirements and paper work he does not want to do.
He has asked me to change my status to H4 and work on EAD.
Can I work on EAD without filing H1B-H4.
or
After the new memo regarding unlawful status, it is better to file H1 to H4 and continue working on EAD for my employer.
Will this affect anyhow on my chances of approval of my AOS?
Appreciate your response.
aat0995
08-07 11:50 AM
Mine was transferred sometime in Nov or late october of 07. They didn't do anything until the date for I-485 became current on 1st august. However, it might be just a co-incidence as my I-485 is still pending. So I am probably not under PPP program going on in TSC.
HereIComeGC
04-11 11:03 AM
I called (First time in last 4 months) to TSC using POJ method to check how they are trying to process cases. I know it was a futile attempt but wanted to try my luck regardless.
Guess what? When you can't get through right away (which is never) you get put on hold in queue. Instead of background music you would get with any other wait in queue system - the message kept repeating every second - "Your estimated wait time is between 10-15 minutes"...
It annoyed the heck out of me and I hung up rather than hearing the message over and over again.
Since I have not called in past few months, I do not know if this is how it always worked or is this a recent change. As far as I recall, they did have background music which made it a little bearable to wait 10 minutes.
Guess what? When you can't get through right away (which is never) you get put on hold in queue. Instead of background music you would get with any other wait in queue system - the message kept repeating every second - "Your estimated wait time is between 10-15 minutes"...
It annoyed the heck out of me and I hung up rather than hearing the message over and over again.
Since I have not called in past few months, I do not know if this is how it always worked or is this a recent change. As far as I recall, they did have background music which made it a little bearable to wait 10 minutes.
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