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radhay
06-19 02:07 PM
Is there are rule governing how far in advance( before the current EAD expires) we can apply for EAD renewal? Is it ok to apply 7 months in advance?
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kevinkris
05-19 06:04 PM
Hi kumhyd2,

I am in same boat. What i am thinking is, just work for that employer
for say 1 year or so and then invoke AC21. Then you should have any issues.

My 2 cents.

Thanks,
kris

I 140 : approved last month
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment

The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.

I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
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sankar_203
09-25 02:40 PM
In my case, H1B already expired. I have used it for 7 years. Now I am on EAD after 7 years of H1B.

In that case you are going to file H1-B based on your 140 approval..Since you are in 7th year..you may get 2 years of H1-B.. it would be good back up for your 485..you know these days employers are doing crazy things and USCIS is making mistakes and i have also noticed your PD , may 2007 so we have a long way to go on this ship..
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pnjbindia
04-07 06:48 PM
what is he is the primary applicant and he is in ROW coz of his wife..how does that change things?
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rama0083
03-07 12:31 PM
People keep talking about RFE and LUD (soft LUD, hard LUD). Can someone explain what these are and what do they signify? I have my EAD, AP and my 140 is just approved. I have already passed 180 days after the filing of 485. If I change jobs can my employer still revoke my I-140 and harm my 485? These may be repeated questions but I am new to the forum .. and I m unable to get specific answers.

Thanks in advance guys.

If your I-140 is approved then the employer cannot revoke anything. You are completely free, under AC-21, to change employers. It is the situation with an unapproved I-140 that is ambiguous.
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Alien
07-09 10:07 AM
Maybe people should also post messages in Mandarin,Tamil,Telugu,Swahili taken from famous songs. That way the forums will be truly diverse.
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fittan
09-18 11:18 AM
vxg...I disagree with your statement that "stamp...can be forged'. Anything can be forged (e.g. passport, money). If the I-551 is legit what do you have to be afraid of?

wandmaker is correct. Take infopass, tell them you may have to travel soon and get the stamp. I've done it...nothing wrong with that. By the way, since your I-485 is approved, your AP is no longer valid and you should not use it.
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Saralayar
04-10 11:52 AM
My EAD is going to expire in 3 months and I am filing for my renewal now. What can be done if you don't get the EAD renewal response before the expiry of the current one ?
I heard somewhere, that if you don't receive the renewal notice within 60 days, then you can approach the local USCIS office and get a temporary EAD card for 90 days.
Anybody knows more ?

Also, generally do folks approach their lawyers for extension filing or they do it themselves?

Thanks,
------------------------
EB3 PD Mar 2003
I-485, AP, EAD filed in July 07
EAD expiring on July 31st 2008.

[I posted this on another thread under "EAD Filing Fees" but it did not show up on the first page- hence reposting it...]
It is a new EAD and not an extension of your old EAD. You can go online and e-file and there is no need for a lawyer. As you have all your GC details including your Alien #, it is very straight forward.
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vbkris77
02-04 11:30 AM
DoS is going to waste visas.. Either they are doing it knowingly or stupidly.

But the underlying fact stays same... They can conservative all they want..

What I don't understand is their rationale in being hellbent on not understanding ground
realities.

If they waste, I think we should sue them being racists because the beneficiaries are all Asians..

I think you are making too much out of it. All they have said is 2987 per country. Below they do mention it flows from E1 to E2 to E3. Do you seriously think that they are going to say exactly how much the spill over is?
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funny
09-16 12:22 PM
It happened to me as well, Last year my denied my Wife AP the Reson was that her 485 is approved, we send them the letter that its not the case and it was a mistake.....In the end we had to re- apply. I wonder if they can Print it on the same day in case of an emergency, why can't they give you the one which is already approved....weired people ...weired USCIS...
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pooja_34
10-17 07:32 PM
The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.

My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.


Got my AP in the mail yesterday but have only 2 originals, last time I got 3 so any idea if I will be able to make more than 2 trips out of the country?
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validIV
03-20 05:14 PM
Wow. This is gonna hurt a lot of people.
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HawaldarNaik
03-04 06:07 PM
Yes you can work from Home, i meant Home Country...:D
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lacrossegc
09-23 11:40 AM
You can work for a while but it will be considered UNAUTHORISED employment. Accumulation of 6 months of UNAUTHORISED STAY + UNAUTHORISED EMPLOYMENT will make you ineligible for I485. That is a huge risk to take.....

OH law firm : A flood of foreign workers and their family members filed around this time last year the employment-based EB-485 applications along with or followed by filing of their ancillary applications of EAD and/or Advance Parole. Since the initial EAD was valid only for one year. these applicants are currently filing the EAD renewals en masse. However, some of these applicants are likely to face failure of receiving the renewed cards timely before the initial card expires for either the USCIS backlogs or security check issues. Those who face such gap should remember that the unauthorized employment will make them ineligible for I-485 approval unless they are eligible for the 245(K) relief. In this regard, the recently released 245(K) Memorandum was "very timely" particularly for the July 2007 VB fiasco filers of I-485 applications in that any period of unauthorized employment "after" filing of their I-485 applications is added and tacked on any period of their violation of nonimmigrant status and/or unauthorized employment which had been aggregated within six months "immediately prior to" filing of their I-485 applications since their "last admission to the U.S." For instance, if one filed I-485 applications with the record of less than six months of violation of nonimmigrant status and/or unauthorized employment immediately prior to filing I-485 application since the last admission to the U.S., he or she was eligible for I-485 application filing deespite their violation of the law. However, should the same applicant engage in unauthorized employment while they wait for the I-485 applications, he or she could exceed total of six months of violations when they aggregate the total period of violation prior to I-485 filing and "post" filing of I-485 application. Assuming the same individual accumulated overstay of I-94 for two months and unauthorized employment for two months resulting in total violation for a period of four months immediately before he or she submitted I-485 application, any unauthorized employment "after" filing and while waiting for I-485 application that exceeds two months will make him or her ineligible for I-485 approval. Close reading of the 245(K) Memorandum will tell such applicant that any employment between expiration of the current EAD and the renewed EAD is considered unauhorized employment for the purpose of 245(K) eligibility. Pending renewal application does not give the alien any employment authorization. Accordingly, should the extension of EAD be not received aftre the expiration of the initial EAD, he or she should immediately stop the work until the renewed EAD card is received to toll the running of click of clock of unauthorized employment and potential deadly consequences of ineligibility of the I-485 approval. This advisory applies only to those who work solely on the EAD rather than on a valid H-1B or L visa status.
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wellwishergc
07-11 12:31 PM
^^^^^^^^^^^
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abdulazeez77
08-11 08:11 AM
Hello All,

I have my H1B stamp and my wife has a H4 stamp from my old employer valid until December 2007. I transferred my employer in Jan 2007 and have a new I-797 valid until 2009. My wife now wants to travel outside the country and come back in a month (September 2007). Can she travel with her current stamping? What documents does she needs at the port of entry when she comes back (my I-797?). Would appreciate very much if someone can help. This is fairly urgent since she has to travel next week.

Regards,
Azeez
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sandy_anand
10-04 10:17 AM
Here is a file for Chinese EB3 visa usage and WW EB3 visa usage from the same source. Again, same disclosure as my previous post :-). Thanks.
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jcrajput
10-16 04:20 PM
Thanks so much for your reply. I think it will always a good idea to keep USCIS inform about your working condition since this is 'Employment based' case.
For AC21 I think I will need to match following:

1. New employment letter which should describe duties which 'must' be same or similar to what was mentioned in my labor certificate.

2. Start date/salary/position title

3. Any Benefits if provided.

Do I need any document from sposerer employer? Do I need anything else?
Thank you and I appriciate your help.
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psychman
11-03 11:03 AM
Hi Kirupa. Hey, thanks for the help. Worked like a charm!
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lskreddy
03-12 07:19 PM
Thanks.

What would one need to capture time outside? Luckily in my case, all I need to show is probably about a week's worth of time outside US to apply. Isn't that correct?

I have a sub-case going with someone else and have EAD but my primary employer's labor is going to be just 361 days when my H1 expires. If my I140 get s cleared for the sub-case, of course all of this is moot.

Thanks again for your reply,.
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jungalee43
08-26 02:36 PM
My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
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