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desigirl
12-01 09:55 AM
Folks,
Here's my situation: Eb2 India (PD of 24th May 2006), filed 485 ONLY for self in September 2008, got married later and hence wife is not yet added to my 485 application. She is dependent H4 on my H1 visa -- so even though I have EAD, I am NOT using it.
Changing jobs now going to same title, similar job duties. The lawyers at hiring company say I can use my EAD and H1b interchangeably! And my understanding was that the moment I use EAD, my H1B is annulled. Is this not right?
Second question -- the lawyer mentions that even if my date becomes current and we can for some reason NOT get my wife's 485 application in, we can always do follow-to-join without any issues. Has someone had any experience with this. My understanding was that I NEED to make sure my wife's 485 application reaches them on the 1st of the month in which my date is becoming current.
Could someone PLEASE comment on these two questions?
Thank you much!
-Shishya
get a second opinion from the lawyer - use the upcoming IV conference call with the lawyer
Here's my situation: Eb2 India (PD of 24th May 2006), filed 485 ONLY for self in September 2008, got married later and hence wife is not yet added to my 485 application. She is dependent H4 on my H1 visa -- so even though I have EAD, I am NOT using it.
Changing jobs now going to same title, similar job duties. The lawyers at hiring company say I can use my EAD and H1b interchangeably! And my understanding was that the moment I use EAD, my H1B is annulled. Is this not right?
Second question -- the lawyer mentions that even if my date becomes current and we can for some reason NOT get my wife's 485 application in, we can always do follow-to-join without any issues. Has someone had any experience with this. My understanding was that I NEED to make sure my wife's 485 application reaches them on the 1st of the month in which my date is becoming current.
Could someone PLEASE comment on these two questions?
Thank you much!
-Shishya
get a second opinion from the lawyer - use the upcoming IV conference call with the lawyer
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lazycis
01-10 08:52 AM
Your status is Parolee for 1,2 and 3
Agree on 1 and 2. But it is (c) (9) FILED I-485 for #3. I applied recently with no problem. Include a copy I-485 receipt.
Agree on 1 and 2. But it is (c) (9) FILED I-485 for #3. I applied recently with no problem. Include a copy I-485 receipt.
more...
muralip
09-11 04:55 PM
I am waiting for my EAD receipt and also my I-140 is not cleared yet.
I have to travel india immediately on an emergency and my attorney says that I can very much travel to India on my H1-B visa.
I was quiet surprised to hear that from my attorney as I was under the impression that it is not safe to travel outside US until my EAD is approved.
Please suggest..
I have to travel india immediately on an emergency and my attorney says that I can very much travel to India on my H1-B visa.
I was quiet surprised to hear that from my attorney as I was under the impression that it is not safe to travel outside US until my EAD is approved.
Please suggest..
senk1s
11-26 06:47 PM
----
1) I got my EAD 3 months back. Also received my AP in Oct. Typically how long is the journey from EAD to actual GC?
There is no correlation between the two. GC is based on your priority date and nationality
2) When does the 180 day period for AC21 begin? The day I sent my 140/485 packet or the receipt date (behind the cashed check) of my 140/485 application?
The sending date has no significance. It should be the receipt date (sometimes notice date is 'better')
3) Now that I have my EAD, do I need to do anything at this point? I already have a SSN. Does the SSN change after getting EAD? Do I need to apply for I-9 or something?
If you are working on H1, nothing
4) Have people been successful with AC21? What if I want to move on to another role (different in responsibilities from my current role)? Can I still use AC21?
You may read all about AC21 here
http://immigrationvoice.org/forum/forumdisplay.php?f=72
PS: My company lawyers are very unfriendly and rude. So thanks for your help in advance.
If they are being paid for the services, they better give the services - Complain to HR
EB3, TSC, PD - Dec 06, 1st FP done, Filed 140 & 485 during the July rush
1) I got my EAD 3 months back. Also received my AP in Oct. Typically how long is the journey from EAD to actual GC?
There is no correlation between the two. GC is based on your priority date and nationality
2) When does the 180 day period for AC21 begin? The day I sent my 140/485 packet or the receipt date (behind the cashed check) of my 140/485 application?
The sending date has no significance. It should be the receipt date (sometimes notice date is 'better')
3) Now that I have my EAD, do I need to do anything at this point? I already have a SSN. Does the SSN change after getting EAD? Do I need to apply for I-9 or something?
If you are working on H1, nothing
4) Have people been successful with AC21? What if I want to move on to another role (different in responsibilities from my current role)? Can I still use AC21?
You may read all about AC21 here
http://immigrationvoice.org/forum/forumdisplay.php?f=72
PS: My company lawyers are very unfriendly and rude. So thanks for your help in advance.
If they are being paid for the services, they better give the services - Complain to HR
EB3, TSC, PD - Dec 06, 1st FP done, Filed 140 & 485 during the July rush
more...
reddy_h
08-18 10:08 PM
Hi All,
****** I have searched all related posts but could not find an answer ********
I have applied my labor in EB3 category. As i am qualified for the senior position i have asked my management for the next level. so that i can apply in EB2 and get the priority data transferred from EB3 application.
with the July fiasco applied I485 with the EB3 application. Now my management is working to promote me from software dev to Sr software developer. Should i accept the promotion? my job responsibilites will be same with additional responsibilities. What will happen to my i-485 application if i take the promotion?
Thank you.
I believe, you can accept this promotion without any effect on your pending I-485. Remember though not all promotions are fine. For example you cannot get promoted from a developer position to manager position and continue your case without filing new LC & I-140. Please consult any good lawyer for advice.
In your case now you have 2 options after getting promoted. Either continue your case in EB3 category without doing anything or appy for new labor & I-140 in EB2 category and have the pending I-485 attached to your new EB2 I-140. Ofcourse here I am assuming that the new job requirement falls under EB2 and you are qualified for EB2.
****** I have searched all related posts but could not find an answer ********
I have applied my labor in EB3 category. As i am qualified for the senior position i have asked my management for the next level. so that i can apply in EB2 and get the priority data transferred from EB3 application.
with the July fiasco applied I485 with the EB3 application. Now my management is working to promote me from software dev to Sr software developer. Should i accept the promotion? my job responsibilites will be same with additional responsibilities. What will happen to my i-485 application if i take the promotion?
Thank you.
I believe, you can accept this promotion without any effect on your pending I-485. Remember though not all promotions are fine. For example you cannot get promoted from a developer position to manager position and continue your case without filing new LC & I-140. Please consult any good lawyer for advice.
In your case now you have 2 options after getting promoted. Either continue your case in EB3 category without doing anything or appy for new labor & I-140 in EB2 category and have the pending I-485 attached to your new EB2 I-140. Ofcourse here I am assuming that the new job requirement falls under EB2 and you are qualified for EB2.
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sabithanair84
04-23 03:05 PM
Thank you, I looked through the blog but it didnt have any posts that could answer my queries. I am just trying to find out if it is ok to travel if I have a pending case with USCIS? Also, if my H4 goes out of status on 09/23/2010, then does that mean I have immediately leave the country? Any answers would help, thanks.
more...
krishna_brc
03-11 05:49 PM
Hi,
I was working with company# A as Electronics Engineer from Dec ’03 to Jan ’07 on H1B visa, Company# A filed my GC in May ’05 (as Electronic Engineers (Except Computer), 172072.), then later I got very good opportunity in IT field, I quite Company# A and joined Company #B because I build very good relation with Company #A and there were ready to continue my GC file. In August ’07, I filed I-485 (I got EAD based on pending I-485). Now Company #B giving me lay-off, so my question is –
Company# A still want to hire me after I got GC (because they were very happy with me, right now they don’t have position to hire me back), In this case can I continue working in IT field on EAD status (right now I am on H1B). My current (IT) and Labor profile are both different.
Thanks for your time.
I don't think so.
Your GC is sponsored by company A for "Electronics Engineer"
Your new job in IT would be neither 'Same' nor 'Similar' to the GC job.
So you cant use EAD to work invoking AC21.
You can find new employer who can sponsor H1 though and work in IT.
Thanks,
Krishna
I was working with company# A as Electronics Engineer from Dec ’03 to Jan ’07 on H1B visa, Company# A filed my GC in May ’05 (as Electronic Engineers (Except Computer), 172072.), then later I got very good opportunity in IT field, I quite Company# A and joined Company #B because I build very good relation with Company #A and there were ready to continue my GC file. In August ’07, I filed I-485 (I got EAD based on pending I-485). Now Company #B giving me lay-off, so my question is –
Company# A still want to hire me after I got GC (because they were very happy with me, right now they don’t have position to hire me back), In this case can I continue working in IT field on EAD status (right now I am on H1B). My current (IT) and Labor profile are both different.
Thanks for your time.
I don't think so.
Your GC is sponsored by company A for "Electronics Engineer"
Your new job in IT would be neither 'Same' nor 'Similar' to the GC job.
So you cant use EAD to work invoking AC21.
You can find new employer who can sponsor H1 though and work in IT.
Thanks,
Krishna
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komaragiri
07-18 01:19 PM
Wait for the I-485 Receipt Notice(Usually takes 30 days).
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a_paradkar
08-05 02:36 PM
Its my company policy. hence thats the reason why.
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new_horizon
07-14 06:43 PM
I had an EAD (OPT) soon after I completed school in 1999 and after that I switched to H1B. I am now considering filing an EAD: Should I file a New or a Renewal EAD? Thanks.
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jobelaw
06-09 01:06 AM
My question is regarding Citizenship. My mother married my step father in the year 2000. They have 2 children one is 7 the other is 9. My mother did not adjust her status right after they married. she waited a few years. She received her green card on November of 2006. "the one that renews every 10 years. This year she separated him because she cheated on her. They are not legally separated or anything like that. She wants to become a US Citizen but we think it might be a problem since this year they did not file taxes together. When she did her taxes she checked the box that says shes filing married but separately. He does not want the divorce but she does. I told her she should hold of on any divorce and see about getting her citizenship first. What complications can she have since this year they did not file jointly. I appreciate your time and any input
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kittu07in
09-24 09:53 PM
I believe, USCIS website was updated on Sep 21st 2009.
My Priority date is Jun 2006 and applied in EB3 category.
I got an email on Sep 22nd 2009 from USCIS saying "Document mailed to applicant". When I see online status, it is "Document production or Oath Ceremony".
I called twice USCIS to confirm it. But they are saying "According to online status the document was already sent to your current address".
I am in a situation to beleive it or not? to celebrate it or not.... :-( .....
And one more thing is "I got EAD before my marriage and I haven't added my wife to I485"?
If I get GC, how to add my wife to GC? is it possible? what is her status right now?
Thanks in advance...
My Priority date is Jun 2006 and applied in EB3 category.
I got an email on Sep 22nd 2009 from USCIS saying "Document mailed to applicant". When I see online status, it is "Document production or Oath Ceremony".
I called twice USCIS to confirm it. But they are saying "According to online status the document was already sent to your current address".
I am in a situation to beleive it or not? to celebrate it or not.... :-( .....
And one more thing is "I got EAD before my marriage and I haven't added my wife to I485"?
If I get GC, how to add my wife to GC? is it possible? what is her status right now?
Thanks in advance...
more...
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girishc
06-16 10:28 PM
I thought I would post on how I resolved my expired I-94 issue today. Could be of help to someone.
I have an I797 and corresponding H1-B visa valid until March 31st 2011.
When I last came into the US on Dec 31st 2009, the immigration officer stamped the I-94 valid until date as March 30th 2010. Essentially giving me only three months of stay.
I did not notice the problem (coming in after a long flight and being jet lagged didn't help) until yesterday when my attorney was going through my documents for some other purpose. As of yesterday I had been out of status for over 3months.
We called the CBP office at Pittsburgh Airport (where i reside) and explained the situation to them. They asked my visa validity date and passport validity date on the phone. After which I was asked to go the the CBP office and get it corrected.
Today morning I headed over there and was met with the most friendly immigration officers I have ever met. Pittsburgh rocks in that. When he heard my case, he asked me if I had presented my latest I-797 to the officer at the time of stamping. When I replied yes, he said it did not make sense why the officer stamped the date he did. He asked to see my passport and I-797 and in 10 minutes told me he would be issuing me a new I-94 with the correct stamped date as March 31st 2011.
Afterwards he mentioned that it was expired and I was lucky because some other officer could have asked me to do a reinstatement (something that apparently costs a lot of money and a lot more trouble according to him)
In my case it was a genuine mistake on the immigration officer's part, since all my documents at the time of the samping indicated a later date. IMO that was the critical factor.
However, as he advised, please be extra sure before you step away from the counter at port of entry, that all your stamps are correct.
Good luck for anyone facing this problem, if you have the valid documents the officers are most probably going to correct the mistake and not give you a hard time about it.:)
I have an I797 and corresponding H1-B visa valid until March 31st 2011.
When I last came into the US on Dec 31st 2009, the immigration officer stamped the I-94 valid until date as March 30th 2010. Essentially giving me only three months of stay.
I did not notice the problem (coming in after a long flight and being jet lagged didn't help) until yesterday when my attorney was going through my documents for some other purpose. As of yesterday I had been out of status for over 3months.
We called the CBP office at Pittsburgh Airport (where i reside) and explained the situation to them. They asked my visa validity date and passport validity date on the phone. After which I was asked to go the the CBP office and get it corrected.
Today morning I headed over there and was met with the most friendly immigration officers I have ever met. Pittsburgh rocks in that. When he heard my case, he asked me if I had presented my latest I-797 to the officer at the time of stamping. When I replied yes, he said it did not make sense why the officer stamped the date he did. He asked to see my passport and I-797 and in 10 minutes told me he would be issuing me a new I-94 with the correct stamped date as March 31st 2011.
Afterwards he mentioned that it was expired and I was lucky because some other officer could have asked me to do a reinstatement (something that apparently costs a lot of money and a lot more trouble according to him)
In my case it was a genuine mistake on the immigration officer's part, since all my documents at the time of the samping indicated a later date. IMO that was the critical factor.
However, as he advised, please be extra sure before you step away from the counter at port of entry, that all your stamps are correct.
Good luck for anyone facing this problem, if you have the valid documents the officers are most probably going to correct the mistake and not give you a hard time about it.:)
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gc_nebraska
01-08 02:53 PM
Nope ! EB-2 India
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abhishek101
12-04 02:17 PM
Yes you can,
I am exactly in the same position as you. Jul 07 filer, and got married after that so my wife is on H4.
Just recieved my 10 - 12 year extension in August for H1b being valid till July 2012.
I am exactly in the same position as you. Jul 07 filer, and got married after that so my wife is on H4.
Just recieved my 10 - 12 year extension in August for H1b being valid till July 2012.
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nashorn
12-12 04:22 AM
The basic fact is that people come here to save money, otherwise they'll hire an attoney for their immigration need. So it is bond to be hard to ask money from them.
But I think they'll be glad to do so if they were asked to click 10 times on an ads everytime they visit this site. Will this make money?
Another thought, maybe IV can make something for sale on this site. It's always easier when there is some sort of medium, cookies, fund-raising diner, fund-raising concert, etc. Just simply asking for money seems not work that well.
Just some thoughts, you guys have good judgement.
When can I become a senior member?
But I think they'll be glad to do so if they were asked to click 10 times on an ads everytime they visit this site. Will this make money?
Another thought, maybe IV can make something for sale on this site. It's always easier when there is some sort of medium, cookies, fund-raising diner, fund-raising concert, etc. Just simply asking for money seems not work that well.
Just some thoughts, you guys have good judgement.
When can I become a senior member?
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ychuck
04-28 08:06 AM
I do not know about I485...
but it is not hard to get copies of W2. IRS has a service that will give you copies of your fed tax papers including W2s in 60 days. You can also ask you employer, they ususlay keep a copy.
but it is not hard to get copies of W2. IRS has a service that will give you copies of your fed tax papers including W2s in 60 days. You can also ask you employer, they ususlay keep a copy.
gparr
May 11th, 2005, 05:50 AM
The image above is a very nice, serene capture. But the one that really stands out for me is the fern (below). First you saw the shot. Most wouldn't. Then you used good DoF, a good composition, and exposure control to capture the fern without blowing it out but give us enough of the shadow to keep the fern in context. Without the shadow detail, the fern would look out of place. Nice work.
Maybe you didn't get as many keepers as you wanted, but it sounds like you learned some things and you did get a couple of keepers so it was a profitable trip in my estimation. I think we've all been at that "wish I'd used my tripod" spot. It's really irritating if you own one and don't use it and flat out maddening if you take it along with you on a shoot and don't bother to use it. The part that makes you spit nails is there's only one person to blame. . . I'm betting that tripod gets a workout the next time you wander into the woods.
Gary
http://www.dphoto.us/forumphotos/data/1377/Turkey_Run_2005-05_0669_fern_spotlight.jpg
Maybe you didn't get as many keepers as you wanted, but it sounds like you learned some things and you did get a couple of keepers so it was a profitable trip in my estimation. I think we've all been at that "wish I'd used my tripod" spot. It's really irritating if you own one and don't use it and flat out maddening if you take it along with you on a shoot and don't bother to use it. The part that makes you spit nails is there's only one person to blame. . . I'm betting that tripod gets a workout the next time you wander into the woods.
Gary
http://www.dphoto.us/forumphotos/data/1377/Turkey_Run_2005-05_0669_fern_spotlight.jpg
PHANI_TAVVALA
08-20 04:17 PM
Your wife can start school pending H4 to F1 COS but you cannot change to F2 until her F1 is approved. It is much easier for you to apply F1-COS and simultaneously apply F2 for your wife but the caveat with this is your F1 might not be approved as USCIS expects you to maintain status until you get their decision which in this case you won't.
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