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lazycis
01-30 12:14 PM
Man you are in such a good position . I think with an approved I-140 in EB3 for Sep 2001 PD your GC should not be far away .. Don't mess around with it by changing it to EB2 or things like that. It might get complicated . I would say have patience for a few months . Once you get your GC you are free.
Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.
Actually, it's better to change job before you get a GC because you suppose to have intention to work for GC-sponsoring company after you get GC.
Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.
Actually, it's better to change job before you get a GC because you suppose to have intention to work for GC-sponsoring company after you get GC.
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usirit
07-01 12:43 PM
Hi Indiana... :)
If you are stuck :mad: with your PERM LC being auditted by DOL, several of us in the same situation are sending letters to them as well as promoting assistance thru Congressmen.
Some of us have got a response :cool: from DOL already about it, so go to http://immigrationvoice.org/forum/showthread.php?t=19432 for more details and participate.
Regards,
If you are stuck :mad: with your PERM LC being auditted by DOL, several of us in the same situation are sending letters to them as well as promoting assistance thru Congressmen.
Some of us have got a response :cool: from DOL already about it, so go to http://immigrationvoice.org/forum/showthread.php?t=19432 for more details and participate.
Regards,
vactorboy29
02-19 06:55 PM
Also, how USCIS knows I am working on EAD and not H1B (assuming I have valid EAD and H1B)
If you change from h1b to EAD you have to file one form (name i forgot) and your employer will send it Immigration office.
If you change from h1b to EAD you have to file one form (name i forgot) and your employer will send it Immigration office.
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manderson
02-08 10:51 AM
bump
It would be really great to get clarification on this issue. Hope it's taken up by AILA in the immediate future like you indicated.
It would be really great to get clarification on this issue. Hope it's taken up by AILA in the immediate future like you indicated.
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ChainReaction
08-10 09:12 AM
http://www.murthy.com/chatlogs/ch073007_P.html
Hi, i was looking at Murthy chat log and it states since H1b is a dual intend visa one may keep H1b status and do part time job on EAD ... she did mention that the rules is not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc., has anyone done that in the past or knows somenone please reply?
Chat User : As many of us plan to start part-time businesses using EAD, if we are on H-1 and use an EAD for a part-time business, does it mean we abandon H1B status? Thank you for your service.
Attorney Murthy : Actually, the H1B allows for dual intent. So even if one uses the EAD to start a PT business, if one closes the business or files an H1B extension with the current employer, that is an option to resume H-1 status. The rules are not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc.
Chat User : I am applying for I-485 for my family, and my wife is on H1B. Can she travel to India on AP and work on H-1? Does she need to get H1B stamping, or can she use AP for travel and H-1 for work?
Attorney Murthy : The general rule is that, after a person uses the AP, the safer approach is to work on the EAD, but the law allows such a person to also file for H1B extensions, as long as s/he is working with the H1B employer. As mentioned above, the law is not crystal clear on what must happen, and we find that it has been quite broad in this respect, since there are no clear-cut limitations. It would be safer / clearer to have the EAD.
Hi, i was looking at Murthy chat log and it states since H1b is a dual intend visa one may keep H1b status and do part time job on EAD ... she did mention that the rules is not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc., has anyone done that in the past or knows somenone please reply?
Chat User : As many of us plan to start part-time businesses using EAD, if we are on H-1 and use an EAD for a part-time business, does it mean we abandon H1B status? Thank you for your service.
Attorney Murthy : Actually, the H1B allows for dual intent. So even if one uses the EAD to start a PT business, if one closes the business or files an H1B extension with the current employer, that is an option to resume H-1 status. The rules are not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc.
Chat User : I am applying for I-485 for my family, and my wife is on H1B. Can she travel to India on AP and work on H-1? Does she need to get H1B stamping, or can she use AP for travel and H-1 for work?
Attorney Murthy : The general rule is that, after a person uses the AP, the safer approach is to work on the EAD, but the law allows such a person to also file for H1B extensions, as long as s/he is working with the H1B employer. As mentioned above, the law is not crystal clear on what must happen, and we find that it has been quite broad in this respect, since there are no clear-cut limitations. It would be safer / clearer to have the EAD.
sweet_jungle
08-08 06:49 PM
In the same boat...
--
PD: 03/08/2006
RD: 07/02/2007
ND: 08/10/2007
Transferred from CSC to NSC: 09/05/2007
I think this is a hug issue that needs to be taken up with Ombudsman.
I am PD, Dec, 2004 and July 2 filer.
Mine is also NSC_CSC_NSC route.
Today, first level was unable to fileSR.
Second level said you are 400 days within processing time. Obviously, they are using 2006 date of CSC.
--
PD: 03/08/2006
RD: 07/02/2007
ND: 08/10/2007
Transferred from CSC to NSC: 09/05/2007
I think this is a hug issue that needs to be taken up with Ombudsman.
I am PD, Dec, 2004 and July 2 filer.
Mine is also NSC_CSC_NSC route.
Today, first level was unable to fileSR.
Second level said you are 400 days within processing time. Obviously, they are using 2006 date of CSC.
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h1bq
02-08 05:44 PM
Might be slightly more than 6 months...But much faster than EB3/EB2 India/china....
Are you saying this is just 6 months for GC thru L1A ? Wow !:eek:
Are you saying this is just 6 months for GC thru L1A ? Wow !:eek:
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mrindia
02-23 04:16 PM
I am in the same boat. i applied recently in Jan 09. God bless America with more jobs.
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validIV
02-03 04:37 PM
Looks like China and Mexico are the fastest countries EB3-wise to get their GCs.
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mbawa2574
04-15 09:46 AM
My wife has ITIN till last year and we filed jointly. This year she has a social security number and we filed using social security number. Return was rejected by IRS saying that my wife's last year's AGI is wrong. Has anyone run into this ? What was the resolution ?
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roseball
08-29 10:27 AM
thanks for your post. Ya its my sister's wedding. I had decided to go until this H1 revocation email came. I has seen some cases on IV a while ago where people got the H1 revocation email and I-485 denied without NOID/RFE. If this happens when I am in India I am screwed.
I realize that 80% nothing will happen, but it is that off chance that something happens to I-485 when I am out of the country which has me worried.
Anyways 2 more weeks of thinking I guess before I board that flight. Hanging by this EAD/AP thread and uncertainities of AC21 etc is really painful.
Your I-485 cannot be denied just because your GC sponsoring employer revoked your H1. In past, USCIS denied or issued NOID when the GC sponsoring employer revoked the approved I-140. Do you know if your employer is going to revoke your I-140 or has already done so.
In anycase, like someone else mentioned, you can file a AC21 letter now and take a copy of the letter along with a copy of the offer letter with you. Just go and enjoy your sister's wedding with family and friends.
I realize that 80% nothing will happen, but it is that off chance that something happens to I-485 when I am out of the country which has me worried.
Anyways 2 more weeks of thinking I guess before I board that flight. Hanging by this EAD/AP thread and uncertainities of AC21 etc is really painful.
Your I-485 cannot be denied just because your GC sponsoring employer revoked your H1. In past, USCIS denied or issued NOID when the GC sponsoring employer revoked the approved I-140. Do you know if your employer is going to revoke your I-140 or has already done so.
In anycase, like someone else mentioned, you can file a AC21 letter now and take a copy of the letter along with a copy of the offer letter with you. Just go and enjoy your sister's wedding with family and friends.
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04-02 09:56 AM
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visves
06-18 02:37 PM
With the new fee structure, you would not have to pay USCIS every year to renew your interim benefits (EAD/AP). This would be most helpful if you are from a retrogressed country and don't expect adjudication any time soon. But, I am not sure what disadvantage you would have if you wait and file on July 30 instead of July 1...obviously there would be a ton of people before you. Personally, I am not sure how everything would play out and if the benefits outweigh the risks.
Since many are about to file their I 485 petitions, there was some talk about some advantages to filing this petition when the new fee structure goes into effect end of July.
One might be able to wait till mid July to see the August bulletin come out, if PD still current then could file in August with the new fee structure.
Question I had was -
What are the advantages if any to filing when the new fee structure is in place?
or should one file the earliest date one can, say 1st week of July?
I would appreciate if someone could shed some light on this. Thanks!
Since many are about to file their I 485 petitions, there was some talk about some advantages to filing this petition when the new fee structure goes into effect end of July.
One might be able to wait till mid July to see the August bulletin come out, if PD still current then could file in August with the new fee structure.
Question I had was -
What are the advantages if any to filing when the new fee structure is in place?
or should one file the earliest date one can, say 1st week of July?
I would appreciate if someone could shed some light on this. Thanks!
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chanduv23
12-05 09:09 AM
Also note that, most times, paralegals or attorneys do things that are wrong and they knowingly do it for some advantage of theirs. Certain things are not on paper, and they discuss it over the phone. When something wrong happens, they deny that they ever did it.
I am of a strong opinion that we must have face to face discussions with attorneys before they deal with our case.
My company's attorney always communicated only on phone or emails, and at times this makes me nervous. Same with my wife's attorney. He once cancelled a face to face appointment he owed us, because of some other important thing that he had.
In this system, if someone suffers, it is us and no one else, everyone will escape and try to blame us. One must be very careful.
Also be extra cautious when dealing with para legals. Most times, they have no clue what they talk, it is always better to deal with the Attorney in decision making, and as pappu suggested, it is always good to seek opinion from another attorney as a consultant.
I am of a strong opinion that we must have face to face discussions with attorneys before they deal with our case.
My company's attorney always communicated only on phone or emails, and at times this makes me nervous. Same with my wife's attorney. He once cancelled a face to face appointment he owed us, because of some other important thing that he had.
In this system, if someone suffers, it is us and no one else, everyone will escape and try to blame us. One must be very careful.
Also be extra cautious when dealing with para legals. Most times, they have no clue what they talk, it is always better to deal with the Attorney in decision making, and as pappu suggested, it is always good to seek opinion from another attorney as a consultant.
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Ramba
04-09 06:08 PM
Here is my situation:
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
You can enter with previous company H1 visa, only if you are maitaining that status (H1) with new company. As you are currenty working on EAD with other emplyer, the previous H1B visa has no use. You need AP to enter, as you are in pure AOS.
However, you can enter in H1B visa, only if you are going to work for the previous comapany upon arrival to USA (provided thay have not cancelled the H1, and still they have job offer to you upon arrival). If you do so, your 485 will get abonded, as you travelled without parloe when you are in AOS. If you want to protect 485, you must get AP before leaving. H1B visa will be usefull, only if you maintain H1 status just before leaving US and resumes H1 after arrival.
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
You can enter with previous company H1 visa, only if you are maitaining that status (H1) with new company. As you are currenty working on EAD with other emplyer, the previous H1B visa has no use. You need AP to enter, as you are in pure AOS.
However, you can enter in H1B visa, only if you are going to work for the previous comapany upon arrival to USA (provided thay have not cancelled the H1, and still they have job offer to you upon arrival). If you do so, your 485 will get abonded, as you travelled without parloe when you are in AOS. If you want to protect 485, you must get AP before leaving. H1B visa will be usefull, only if you maintain H1 status just before leaving US and resumes H1 after arrival.
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logiclife
06-20 02:13 PM
Please admin I need help here. I am leaving my best job and going back to join worst desi employer just to file for 485. But I am scared to death what if he denies to file my 485? what are the documents needed if he denies?
Otherwise I will be from nowhere .
Like I said, please contact a good lawyer for best possible course of action. You will need 140 approval photocopy at the minimum. If you have that, then its possible to file 485 behind employer's back BUT PLEASE CONSULT A LAWYER as there may be pitfalls that apply to your case and you need to know about them.
Otherwise I will be from nowhere .
Like I said, please contact a good lawyer for best possible course of action. You will need 140 approval photocopy at the minimum. If you have that, then its possible to file 485 behind employer's back BUT PLEASE CONSULT A LAWYER as there may be pitfalls that apply to your case and you need to know about them.
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crazymish
03-06 10:54 AM
Then again I presume it would involve paying a fee of $80 for the biometrics too each time you apply online. Could be avoided if we go paper based.
That does raise a small question here, the $1010 fee that we pay does that also exempt us on the biometric fee, so in essence AP/EAD/FP is all exempt irrespecitve the number of times we apply under the new fee structure?
That does raise a small question here, the $1010 fee that we pay does that also exempt us on the biometric fee, so in essence AP/EAD/FP is all exempt irrespecitve the number of times we apply under the new fee structure?
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sertasheep
03-26 11:54 AM
I agree with the others. We can institute a small membership fee which interested users will be willing to pay on a monthly basis.
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gc_chahiye
07-09 06:02 PM
gc_chahiye - Is it possible to somehow keep the results of the first poll in the main page? It is the only data we have which comes anywhere near the real data, and it would provide good reference.
done. The first post in each poll has a link to the other poll now.
done. The first post in each poll has a link to the other poll now.
qplearn
12-19 10:31 AM
Are we going to continue calling Sen.Cornyn's office such that he will be motivated to get SKIL bill cleared at the beginning of next year?
If we are persistent, maybe he will want to get the bill cleared successfully.
Good idea. Should we orchestrate our calls so that there is no more and no less than 5 calls every day? I agree we have to persistent on this because he is our only hope.
If we are persistent, maybe he will want to get the bill cleared successfully.
Good idea. Should we orchestrate our calls so that there is no more and no less than 5 calls every day? I agree we have to persistent on this because he is our only hope.
roseball
04-02 02:06 AM
What I have mostly heard is that people in consulting jobs are the ones who are having issues at POEs and not the ones in permanent/full-time positions...I am not making a statement here but saying this is what I heard and read.
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