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  • BharatPremi
    07-27 02:37 PM
    After EAD is approved, H4 can work anywhere in any job.

    O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).

    Now real question should be "Should I use EAD or Should I be on H1/H4?"

    If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.





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  • little_willy
    11-25 12:18 AM
    I would suggest just sending the G-28 forms with the new attorney information. Once this is submitted, call USCIS customer service a week or two later to confirm that the correct attorney information is on file. Later, if you wish, you can send the AC21 documentation. As always, any documents to USCIS should be sent by certified mail or something similar to show the proof if you need it later.

    As far as I know G-28 won't trigger an RFE but don't know about AC-21 documents. If you search the forums, you will find that almost always the AC-21 papers don't reach your file.





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  • jasmin45
    08-08 04:36 PM
    Even if you are not working on a project, you are technically working for a H1-B sponsorer. Once you could file your AOS, you are legal with a status of "AOS pending". During 180 days period, you don't have to work and just sit at home. Its very unlikely that your already filed AOS application will get adjudicated within 180 days. Once after 180days of filing, you invoke AC21 and start working on again with any employer.

    It sounds a cake walk from your response, What if there is an RFE after 180 days on your sponsor/employer? You missed the point that GC is for future employment with the sponsor. There are certain situations where employee can invoke AC21 and get the protection against employer initiated termination etc. If you do not work for extended period.. no matter whether it is with in 180 or not.. USCIS may anytime during adjudication, question your intention for GC.





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  • Green.Tech
    08-03 05:13 PM
    Hello,

    I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
    What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
    Please help.

    Thank you.

    What was the reason of denial please?



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  • das0
    06-16 09:50 PM
    InTheMoment,

    Thanks for your thoughts.

    H1B is dual status.

    Currently my wife is on H4 but will be on H1B status on Oct 1 2007. Her H1b and H4 status is just non-immigrant status while her I-485 (though me) is pending.

    Question is:

    If EAD is used for 1 month only (Sept, 07) , will that make her H1B null and void?

    I thought EAD (though I-485) and H1b are independent ?

    Pls advise





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  • sanju
    08-02 11:46 PM
    Thanks for the information. VB dates were stuck around April 2001 date because a large number of applications were filed to meet the deadline for
    245i.

    The dates were �current� until 2005 because of the availability of unused visa numbers that were recaptured by AC-21 bill - passed in 2000-2001. So countries with larger applicant pool got (a lot) more than the otherwise allowed ~3000 green cards in each category. Since 2005, there are no recaptured visa numbers are available, so applicants in a category from any specific country cannot get more than ~ 3000 green cards. Pls. see the distribution of green card numbers in 2006 in his document:
    http://travel.state.gov/pdf/FY06AnnualReportTableV-Part2.pdf

    Most people on the forum are busy tracking their 485 receipt, of encashment of bank checks, IO comments etc. Most people will learn that all this is tracking is of no use other than helping everybody to have higher BP. If more green card numbers are not allocated, the wait time for applicants with priority date 2006 could possibly be more than a decade. The past trends were driven by positive events like visa recapture etc. So these trends are not reflective of what to expect in the future. But looking at 2006 numbers, one thing is for sure, the wait times could be a many more that what we would expect.

    There is only thing that can prevent wait times of more than 10-15 years - change in the law to increase the number of EB GCs.



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  • hydubadi
    02-03 09:14 AM
    Hello -

    Its been 30 days since my AP was mailed to me as per USCIS notification and I have not yet received it, but on other hand we receiver my wifes AP with in 3 days of approval.

    Can you guys suggest if I have to wait little longer or assume its lost in mail and apply for new one.

    Did any one on this forum experience more than 30 days to receive there AP since document mailed notification from USCIS.

    I would appreciate your suggestions/comment.

    Peace.





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  • lecter
    January 4th, 2005, 11:34 PM
    nice work. the technique works well. I like to make these moodier.....
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  • shishya
    09-02 01:30 PM
    Heh. Sure I updated both at USPS AND at USCIS -- and yes I had my Alien # and the receipt number (I got married after I applied for 485 -- so waiting for dates to become current again EB2-May06 to add her).

    Question: did you update your new home mailing address online at USPS (Postal website) or using USCIS (Change address) at the time of updating your new mailing address? Initially you do receive a confirmation # when you fillout first part of online application then later you would see additional links at the bottom of page where it would ask for "are there any pending application" somthing like that...

    If you did update using UCSIS website then did you enter your A# (that is if you have already applied for EAD/I-485 then you should have a A#) along with your pending receipt numbers?

    I did change my home address for 4 times now in the past 2 years and everytime when updated using USCIS, I promptly received individual letters notification/confirmation for each family members (pending cases) that address was sucessfully updated.

    Just a thought!!

    If you





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  • dilber
    07-16 06:24 PM
    How about setting up a poll to get a rough idea we could create a poll with a salary range and EB level for example 48000~ 59999 EB3 48000~59999 EB2 60000~70000 EB3 60000~70000 EB2 etc. this would give us a rough Idea about Levels and corresponding EB categories. I suggest using numerical ranges Instead of Levels because some people may not know the levels.
    This poll can give us some thing like X% of level 3 are EB2 and Y% of Level 2 are EB3 sort of estimates.



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  • paritp
    04-13 06:59 PM
    I received Green card approval email from USCIS even though my PD is not current

    Last month I had changed my address online and USCIS bymistake updated my I-485 status to approved.
    I received the Green Card approval email from USCIS. I checked my status on USCIS.gov it says my case has been approved and card production has been ordered.
    The only document I have received from USCIS is for the correct address update notification. The letter states that, they have updated my Address successfully.

    I have still not recived any GC as it has been over 3 weeks now. I would like to get back my status which was pending.
    What should I do in this case?





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  • psaxena
    03-09 05:32 PM
    ???



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  • cris
    08-30 12:22 PM
    outstanding answer , gg_ny ! Thank you very much





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  • jsb
    01-23 11:17 AM
    .... If the receipt date shown on your receipt notice is prior to the processing date shown below, you may call USCIS Customer Service at 1-800-375-5283. ...


    Although reference in the text above refers to "receipt date shown on your receipt", I doubt if they really mean that. As per latest processing status, all cases with RD = July 2 should have been processed by now. Is that true? I doubt.

    True Receipt Date (what service centers make reference to) perhaps is the date when they enter data in the system. In normal circumstances it should be same or close to RD printed on receipts. However, in July/Aug '07 filings several cases (including mine) were shuffled around for months, before they were entered in the system. I am a July2 filer, but my online status says "...case was received on Oct 11, 2007...". My ND is a few days later. Most likley, dates you see in your online status is what they refer to as Receive Date when publishing processing dates.



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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





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  • ashkam
    11-16 02:08 PM
    As has been discussed and responded to a million times on this forum, the answer to this question is, when you enter on an AP, your immigrant status changes to parolee, but your H1B continues to be valid as a work authorization document and you can still use it to work for the same employer.



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  • desi3933
    05-21 06:50 AM
    I understand two I-140s, one existing (EB-3) and second new I-140 (EB2), but you have also mentioned more. Why need more than two, in what circumstances?


    Example -

    PD Jan 2002 EB-3 I-140 (Job Title: Senior Programmer)
    Filed new I-140 on March 2004 for EB-2 I-140 (Job Title: Project Manager) and claimed earlier PD of Jan 2002
    Filed new I-140 on Feb 2009 for EB-1 I-140 (Job Title: Director Software Division) and claimed earlier PD of Jan 2002

    Beneficiary can claim PD of Jan 2002 with his EB-1 I-140.

    Please note that I-140s can belong to any employer, but they all must belong to same beneficiary.

    _________________________
    Not a legal advice.
    US citizen of Indian origin


    .





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  • tinamatthew
    07-21 12:05 AM
    OK agreed , when it's a law we should abide by them.But what are the other options available for B? He can't be covered under 245(K) so this option is ruled out.He needs to forget about GC? Will it be helpful if he contacts good lawyer any hope? Or just rely on luck?


    If this is a real scenario, then if I was him/her I would only give the last 3 paystubs, W2s, tax returns. If the USCIS can't guess that I have no paystubs for 185 days then I will not hand it to them on a platter. I would however answer EVERY question TRUTHFULLY on all forms completed





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  • dtekkedil
    07-02 11:34 PM
    I can do it...

    We need to spread the word!

    I would love to send this as the message - Suggested by one of our own - "prashant"


    Message: ALLTHE BEST FOR FUTURE EB VISA ESTIMATES

    Truly,
    A victim of revised visa bulletin


    But we need something that sounds a little more genuine. A bit more mature?

    Any suggestions?





    Carlau
    01-08 12:58 PM
    It is not a rule, but it depends on how the approval is given by USCIS. If you get a extended I94 along with the H1 approval then you are all set, if you get an approval with no I94 then you need to get a stamping before starting work. Consult lawyers they will explain it better.
    My wife went through the H4 - H1 Conversion which got approved last week, we are still wating to see the approval document.

    I have a question, I am on H-4 too (never on H-1B) as I understand, if I find a job I need to wait until April 2007 to file for H-1B and would be able to start working in October 2007.

    How did your wife get now in 2007 an H-4 to H-1B conversion when all the H-1Bs were granted & last quota met in October 2006? Am I missing something here? If I found an employer, could I just start working without waiting the employer to file the H-1 in april and getting the permit for oct 2007? THanks!





    amsgc
    03-31 03:05 PM
    Thank you for sharing your experience.

    I am at a loss here, I wish I could tell you what to do. But, I would certainly go back and look at the 1040 instructions for 2004. Rules keep changing, and maybe what you did was the right thing to do.

    Perhaps there are others who can throw some light here.
    Ams


    Hmm....I got married in Nov 2004 and my wife came in to US Dec 2004. and when filing 2004 taxes I didnt think about my wife being NR for tax purposes. I went thru a CPA and I believe she filed 1040 married filing jointly !!
    Didnt have any questions or issues so far. Should I bother....file an amendment....or just ignore until in case IRS has an issue?



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