jr8rdt
01-07 02:51 PM
casinoroyale - can you clarify, you are contradicting yourself.
your first email says: I have done paid consultation with murthy office on this matter. As per them, one can continue to work on H1B even after returning on AP.
your second email says:
Ok, after using AP there are two ways in order to reinstate H1B status.
1) By applying H1b extension after entering on AP
2) going out of country and entering with valid h1b visa stamp.
-can or can't we use H1 after using AP.
-what do you mean by "to reinstate H1 by applying H1b extension after entering on AP". are you saying that though the H1 expiration is say 2010 but since one is using AP to enter now (2008) one should apply for extension right away?
your first email says: I have done paid consultation with murthy office on this matter. As per them, one can continue to work on H1B even after returning on AP.
your second email says:
Ok, after using AP there are two ways in order to reinstate H1B status.
1) By applying H1b extension after entering on AP
2) going out of country and entering with valid h1b visa stamp.
-can or can't we use H1 after using AP.
-what do you mean by "to reinstate H1 by applying H1b extension after entering on AP". are you saying that though the H1 expiration is say 2010 but since one is using AP to enter now (2008) one should apply for extension right away?
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gg_ny
07-31 09:54 PM
gg_ny/others,
1) My h1 and my wife's h4 are pending extensiosn with CSC. Will her H4 extension adjuducation be affected by her converting to EAD ?
2) gg-ny, can you eloborate on this please?
(have to file new I9 and specify how you could work) . Do you mean she has to file for a new I-94 ? How to go abaout doing it.
Thanks for your responses.
Sendil
Hi,
I am not a lawyer and the disclaimer byothers holds good for me too: please check with a lawyer. This is from what i understand from my experience and a few others' I am familiar with:
1) unless you USE your EAD, H1 or H4 status wouldn't be affected
2) the same for AP. That means, you can get these documents if you are eligible. That means, you are exploiting the dual intent of H visa to the fullest. And the buck stops there.
3) contrary to what is said in a few mails here in this list, if you actually use EAD or AP you become someone waiting for AOS and/or a parolee. Because, EAD is a privelege under AOS process not linked to H process. The same with AP
4)When your status changes(H to EAD) I believe you aer supposed to fill in new I9 form. I haven't had a need to do so until now; i believe the actual implementation of this is not so much enforced by BCIS but it is the
applicant's responsibility to do so, like AR11 or address changes. But I think it is a necessity as if you choose to do a second job, your papers would be on order and in sync with you and your first employer. the basic tenet is you cannot be in two status in a given time
5) if your application is pending (for H1 or H4), and you start using EAD that means, even after adjudication, your H1 or H4 approval becomes void as
it would be providing you a status not needed by you or a status which you have chosen not to maintain. This is nothing to do with dual intent as it ends with filing for the documents; this is acually maintenance of status. Since H to EAD/AP is an one way path, you cannot file H1 and while waiting for the approval, work on EAD- then change status to H1 when you get it. To do so, one has to file new H1 application.
6) while waitnig for H approval, if you take on EAD, the H approval paper is as useless as an outdated visa. You can keep it as a memento ;-)
7) there are two nightmare situations I have heard of: 1) EAD extension is a vicious cycle and you need to be always current on your EAD 2) for some reason, if AOS application suffers then EAD becomes null and void; technically the person can be subjected to deportation. There are legal procedures to avoid or delay this but I can't say anything about it.
Please remember that my experience and understanding is limited compared to many in the list and if you are paying for a lawyer, make him or her work for it.
1) My h1 and my wife's h4 are pending extensiosn with CSC. Will her H4 extension adjuducation be affected by her converting to EAD ?
2) gg-ny, can you eloborate on this please?
(have to file new I9 and specify how you could work) . Do you mean she has to file for a new I-94 ? How to go abaout doing it.
Thanks for your responses.
Sendil
Hi,
I am not a lawyer and the disclaimer byothers holds good for me too: please check with a lawyer. This is from what i understand from my experience and a few others' I am familiar with:
1) unless you USE your EAD, H1 or H4 status wouldn't be affected
2) the same for AP. That means, you can get these documents if you are eligible. That means, you are exploiting the dual intent of H visa to the fullest. And the buck stops there.
3) contrary to what is said in a few mails here in this list, if you actually use EAD or AP you become someone waiting for AOS and/or a parolee. Because, EAD is a privelege under AOS process not linked to H process. The same with AP
4)When your status changes(H to EAD) I believe you aer supposed to fill in new I9 form. I haven't had a need to do so until now; i believe the actual implementation of this is not so much enforced by BCIS but it is the
applicant's responsibility to do so, like AR11 or address changes. But I think it is a necessity as if you choose to do a second job, your papers would be on order and in sync with you and your first employer. the basic tenet is you cannot be in two status in a given time
5) if your application is pending (for H1 or H4), and you start using EAD that means, even after adjudication, your H1 or H4 approval becomes void as
it would be providing you a status not needed by you or a status which you have chosen not to maintain. This is nothing to do with dual intent as it ends with filing for the documents; this is acually maintenance of status. Since H to EAD/AP is an one way path, you cannot file H1 and while waiting for the approval, work on EAD- then change status to H1 when you get it. To do so, one has to file new H1 application.
6) while waitnig for H approval, if you take on EAD, the H approval paper is as useless as an outdated visa. You can keep it as a memento ;-)
7) there are two nightmare situations I have heard of: 1) EAD extension is a vicious cycle and you need to be always current on your EAD 2) for some reason, if AOS application suffers then EAD becomes null and void; technically the person can be subjected to deportation. There are legal procedures to avoid or delay this but I can't say anything about it.
Please remember that my experience and understanding is limited compared to many in the list and if you are paying for a lawyer, make him or her work for it.
javadeveloper
07-26 04:51 PM
If I am not wrong your EAD/AP will not be processed until after your I140 is approved.Maybe some one comment on this
You can get EAD even if your I-140 is pending.Correct me if I am wrong.
You can get EAD even if your I-140 is pending.Correct me if I am wrong.
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number30
07-23 07:54 PM
I'm in a similar predicament as well. I'm on EAD and 485 is pending, can I claim unemployment benefits?
Only problem is that, it will become a documented proof of your current unemployment. Otherwise it is just insurance. Dependents can go that safely. Primary I am not sure.
Only problem is that, it will become a documented proof of your current unemployment. Otherwise it is just insurance. Dependents can go that safely. Primary I am not sure.
more...
new_gc_guy
03-26 09:00 AM
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vnsriv
10-08 02:14 PM
i think you didn't get me,here is my question , if a person got married after applying i-485 and not able include his wife due to PD current date issue before his GC got approved, is there any way to get out from this situation , please let me know you one
Your sentences are confusing. Please no offense.
You can file your wife's I-485(derivative adjustment) once the PD is current. So just relax and keep on looking Visa Bulletin every month to check if the priority dates are current.
My case : got GC on June. Filed wife's case in June and she has an EAD.
All the best.
Your sentences are confusing. Please no offense.
You can file your wife's I-485(derivative adjustment) once the PD is current. So just relax and keep on looking Visa Bulletin every month to check if the priority dates are current.
My case : got GC on June. Filed wife's case in June and she has an EAD.
All the best.
more...
arkanand
06-22 01:31 PM
To EB3June03
I got an RFE for TB test too last week and got all of it done by June 19. I did a TB test in 2002 was 20mm induration which is positive. Because it was positive in 2002, I did not do TB test in 2007 when I sent in my I-485.
I got an RFE for a TB test last week and decided to do another test although I got positive in 2002. I also did one in India in 2000 and was positive then also.
So after two positive tests done in 2000 and 2002, I did one again last week and got positive with 19mm induration (2002 induration was 20 mm). Anyways, I am fine so far and no problem. I attached my chest x-ray which was clear and all documents sent.
Since this my 3rd test and all 3 positive, i think you can do the test and will become positive. However I do want to EMPHASIZE...the doctors and the nurses RECOMMEND NOT taking the test again as it will be positive.
But I took it anyways for sake of RFE and nothing happened.
I am not a doctor and just shared my personal experience if it helps!!
I got an RFE for TB test too last week and got all of it done by June 19. I did a TB test in 2002 was 20mm induration which is positive. Because it was positive in 2002, I did not do TB test in 2007 when I sent in my I-485.
I got an RFE for a TB test last week and decided to do another test although I got positive in 2002. I also did one in India in 2000 and was positive then also.
So after two positive tests done in 2000 and 2002, I did one again last week and got positive with 19mm induration (2002 induration was 20 mm). Anyways, I am fine so far and no problem. I attached my chest x-ray which was clear and all documents sent.
Since this my 3rd test and all 3 positive, i think you can do the test and will become positive. However I do want to EMPHASIZE...the doctors and the nurses RECOMMEND NOT taking the test again as it will be positive.
But I took it anyways for sake of RFE and nothing happened.
I am not a doctor and just shared my personal experience if it helps!!
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Sakthisagar
11-08 03:14 PM
hello,
I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.
Ony calcutta dates are available.
Can I book an emergency appointment in this situation?
I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.
Extended h1b here in USA..Now going to India for the first time after visa expiry.
Also, for the stamping, should i carry all old LCA's or just the latest one?
Thanks,
arthi
Lot of people in IV and also some of my friends expereince now in stamping Visa are totally different ones, So you are ok if you are having the H1 of the company you are working for if you are doing a consulting job. Be prepared to answer some of the queries consulate can ask like.
Details of all employees working for your company, their payment methods.
Company tax filing etc.. un-necessary questions.
do not want to scare you, Please take all the documents which is possible to carry!
Best of Luck.
May GOD Bless.
I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.
Ony calcutta dates are available.
Can I book an emergency appointment in this situation?
I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.
Extended h1b here in USA..Now going to India for the first time after visa expiry.
Also, for the stamping, should i carry all old LCA's or just the latest one?
Thanks,
arthi
Lot of people in IV and also some of my friends expereince now in stamping Visa are totally different ones, So you are ok if you are having the H1 of the company you are working for if you are doing a consulting job. Be prepared to answer some of the queries consulate can ask like.
Details of all employees working for your company, their payment methods.
Company tax filing etc.. un-necessary questions.
do not want to scare you, Please take all the documents which is possible to carry!
Best of Luck.
May GOD Bless.
more...
amoljak
05-03 08:10 AM
nk2006, Thanks for poiting that out. I have stopped thinking beyond I140 :)
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Dustinthewind
01-05 07:33 AM
@thomachan72 - Thank you! Great idea on the trailer with dialogues! Our goal was to create an engaging, relatively fast paced and high level quick Teaser first to get people's attention and then release a Trailer with dialogues just like you mentioned in a few weeks. So the main full film trailer will come out late January/early February. Stay tuned.
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lord_labaku
11-17 12:04 PM
Yes. layoffs and labor certs dont mix well. esp. if an american or GC holder worker with the same position as u is laid off.
It does make sense at a labor cert level...but if u look at this long drawn GC process of 6+ years....it is unfair to the potential immigrant as he is seeking GC for future employment. This is when a point based system like Canada does makes sense....even when economy is down...u continue to immigrate people who are still needed because of their critical skills.
It does make sense at a labor cert level...but if u look at this long drawn GC process of 6+ years....it is unfair to the potential immigrant as he is seeking GC for future employment. This is when a point based system like Canada does makes sense....even when economy is down...u continue to immigrate people who are still needed because of their critical skills.
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purgan
08-06 09:26 AM
Well a lot of people I know have coverted from EB3 to EB2 while retaining their old PDs, so i'mnot sure about EB2 dates staying in 2004.
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Sachin_Stock
05-11 02:16 PM
Its not fair to criticize USCIS specially just cuz you are frustrated. I believe they have lot bigger issues regarding the illegals, backlog in family-based , and not just employment-based.
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bharad
05-07 12:10 PM
Me and my wife's 485 applications received a soft LUD on 04/30/2009 and 05/01/2009 for two consecutive days.
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neema
11-29 02:22 PM
I am currently in US on H4. I had applied for my H1B while in India , through a consultant based in US and have the approval with me now.
The problem is that I might have to go back to India next year for good, due to which I wont be able to utilize my H1b for working in the US.
My question is:
1) Since I wont be coming back to US as of now, what if I do not get my H1 visa stamped. Can I use my approval(I-797)in the present consulting firm's name, for getting H1b stamped through any other company in future.
2) I understand that stamping is needed only for reentering US. What if i just get the stamping done and still do not come back. In that case, can I still transfer my stamped H1B to any other company without working at all for the consulting firm whose stamp I have on my passport.
Any help is greatly appreciated, I need to decide fast. Thanks a lot.
The problem is that I might have to go back to India next year for good, due to which I wont be able to utilize my H1b for working in the US.
My question is:
1) Since I wont be coming back to US as of now, what if I do not get my H1 visa stamped. Can I use my approval(I-797)in the present consulting firm's name, for getting H1b stamped through any other company in future.
2) I understand that stamping is needed only for reentering US. What if i just get the stamping done and still do not come back. In that case, can I still transfer my stamped H1B to any other company without working at all for the consulting firm whose stamp I have on my passport.
Any help is greatly appreciated, I need to decide fast. Thanks a lot.
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msp1976
03-31 08:55 AM
Hello everyone,
My LC was filed in Perm process and even got approved but the hard copy got lost in mail handling. Can I have another LC filed from the same company? Furthermore, can I reuse my first LC's postings-advertisements that the company does before filing the LC?
Please any suggestions would be greatly appreciated
Thank you.
I believe that you do not have to refile just because you lost the hard copy...
This is not a lottery ticket that if you lose, you are left with nothing..
There must a procedure to get the same certificate reissued from DOL..
Please do the research and let is know...
My LC was filed in Perm process and even got approved but the hard copy got lost in mail handling. Can I have another LC filed from the same company? Furthermore, can I reuse my first LC's postings-advertisements that the company does before filing the LC?
Please any suggestions would be greatly appreciated
Thank you.
I believe that you do not have to refile just because you lost the hard copy...
This is not a lottery ticket that if you lose, you are left with nothing..
There must a procedure to get the same certificate reissued from DOL..
Please do the research and let is know...
more...
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reachinus
12-24 11:07 AM
Nope - it does not legally bind you though it hurts your credibility.
As per H1 rules he must have paid you all the months since you joined him. If he is not going to give you the pay stubs then it will be a problem for you when you apply for your GC. Ask him politely to pay what even he owes you and that too with paystubs. If he creates any problem then tell him that you are going to file a complaing with DOL and also since he will not give you the correct pay stubs that you will report to IRS and will use subsititute W2.
Hope this helps.
As per H1 rules he must have paid you all the months since you joined him. If he is not going to give you the pay stubs then it will be a problem for you when you apply for your GC. Ask him politely to pay what even he owes you and that too with paystubs. If he creates any problem then tell him that you are going to file a complaing with DOL and also since he will not give you the correct pay stubs that you will report to IRS and will use subsititute W2.
Hope this helps.
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diesel
05-25 08:51 AM
The immigration council said he will pass our concern to the senator.
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meridiani.planum
09-27 11:52 AM
Thanks for the advice. I appreciate your insight.
I am going all in now.
1. I will call the Customer Service Line tomorrow.
2. I already got the InfoPass for 10/6
3. The letter for my senator is drafted. It will be sent tomorrow.
4. Finally, an email to the Ombudsman has been sent.
Hopefully, there is be some movement.
infopass is almost useless. Open SR, contact senator and email the ombudsman.
Dont worry about dates, your PD will almost certainly remain current going forward. If 6 months pass by, your date remains current, processing times remain as they are and case is not approved, sue them (Writ of Mandamus):
http://www.google.com/search?q=Writ+of+Mandamus+485
File it 'pro se' (on your own, without a lawyer) if you are worried about the expense...
I am going all in now.
1. I will call the Customer Service Line tomorrow.
2. I already got the InfoPass for 10/6
3. The letter for my senator is drafted. It will be sent tomorrow.
4. Finally, an email to the Ombudsman has been sent.
Hopefully, there is be some movement.
infopass is almost useless. Open SR, contact senator and email the ombudsman.
Dont worry about dates, your PD will almost certainly remain current going forward. If 6 months pass by, your date remains current, processing times remain as they are and case is not approved, sue them (Writ of Mandamus):
http://www.google.com/search?q=Writ+of+Mandamus+485
File it 'pro se' (on your own, without a lawyer) if you are worried about the expense...
dask
04-20 07:55 PM
Just got my passport renewed at SF.
Applied in person and opted to get it back in the mail.
Got it in hand exactly in a week from application date...(pretty smooth)....
And i used 2X2 in photo instead of 3.5X3.5 cms....both are ok.
They will adjust it properly in your passport for you...
All the best.
Hi All,
I am scheduled to visit India in July-09 and comeback in August-09 this year, My passport expires on Nov 2009. I will be using AP and also I have H1b stamp valid till may 27 th 2010.Is it necessary to renew the passport now or I can do it after I come back from India, is there any rule that your passport has to be valid for more than 6 months while enetring US?Please advice
Thanks
EB3-I
PD Jan 2002
I-140 cleared in 2006
I-485 received date Aug27 2007
Applied in person and opted to get it back in the mail.
Got it in hand exactly in a week from application date...(pretty smooth)....
And i used 2X2 in photo instead of 3.5X3.5 cms....both are ok.
They will adjust it properly in your passport for you...
All the best.
Hi All,
I am scheduled to visit India in July-09 and comeback in August-09 this year, My passport expires on Nov 2009. I will be using AP and also I have H1b stamp valid till may 27 th 2010.Is it necessary to renew the passport now or I can do it after I come back from India, is there any rule that your passport has to be valid for more than 6 months while enetring US?Please advice
Thanks
EB3-I
PD Jan 2002
I-140 cleared in 2006
I-485 received date Aug27 2007
h1vegas
06-24 03:01 PM
Pls reply
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