STK
02-08 02:01 AM
I've received my EAD+AP and I 485 (filed, priority date Nov 05) through my husband's GC process. I currently work on H1B (3 yrs remaining on my H1B). One week ago got laid off and working with same company till end of month. While looking for new job I'm unable to decided whether to maintain my H1-B status or switch to EAD.
1) If I switch to EAD and husband has problems in I485 approval, can I switch back to H1B for remaining time or do I fall under H1 cap and start from beginning.
2) Should I transfer to H4 before leaving job and then look for new job with EAD to save remainder of time on H1B which I can use if something goes wrong with EAD.
3) Would it be safer to get H1B transfer to new employer and forget EAD till husbands I-485 gets approved.
4) If I get a job on EAD, do I've to file something with INS to let them know that Im not working on H1B. If getting back on H1B from EAD, do I file regular H1B application through employer or process is different if you get back from EAD to H1.
Please help!!!!!! lay off from work is enough stress. I thought EAD would make life easier but more options means more confusion:confused:
1) If I switch to EAD and husband has problems in I485 approval, can I switch back to H1B for remaining time or do I fall under H1 cap and start from beginning.
2) Should I transfer to H4 before leaving job and then look for new job with EAD to save remainder of time on H1B which I can use if something goes wrong with EAD.
3) Would it be safer to get H1B transfer to new employer and forget EAD till husbands I-485 gets approved.
4) If I get a job on EAD, do I've to file something with INS to let them know that Im not working on H1B. If getting back on H1B from EAD, do I file regular H1B application through employer or process is different if you get back from EAD to H1.
Please help!!!!!! lay off from work is enough stress. I thought EAD would make life easier but more options means more confusion:confused:
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wisley
10-23 05:49 PM
hi all
im in F2B ( LPR filing for son over 21 )
my PD : 12-aug-2009
ON 23-dec-2009 case has been approved , based on the Visa Bulletin currently the are processing visas for F2A with priority date before 1- JUN i think soon " within 2 month " it will become current and thus all unused visa numbers will transfer to F2B ( spilover ) if this happen i assume i will get my paper and interiview within 2011 .
AM I RIGHT ?????
any insight will be appreciated
im in F2B ( LPR filing for son over 21 )
my PD : 12-aug-2009
ON 23-dec-2009 case has been approved , based on the Visa Bulletin currently the are processing visas for F2A with priority date before 1- JUN i think soon " within 2 month " it will become current and thus all unused visa numbers will transfer to F2B ( spilover ) if this happen i assume i will get my paper and interiview within 2011 .
AM I RIGHT ?????
any insight will be appreciated
qasleuth
05-04 08:09 PM
Folks from Ohio,
Conundrum and I would gladly help, in getting OH Chapter going once again. We would love to see folks from Ohio to get involved. Please respond to this thread. As of now, the hope is to see who is in Ohio and we can take it from there. If you are a resident of Ohio, just say hello.
thanks
Conundrum and I would gladly help, in getting OH Chapter going once again. We would love to see folks from Ohio to get involved. Please respond to this thread. As of now, the hope is to see who is in Ohio and we can take it from there. If you are a resident of Ohio, just say hello.
thanks
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09-24 03:20 AM
Most Immigration Lawyers that care for their work are tired of Mr. Dobbs. Mr. Leopold from AILA posted a valid statement about Dobbs' campagin of Hate:
CNN has a journalistic obligation to dump Lou Dobbs and his campaign of hate against immigrants.
It is unthinkable that a major network would permit someone to build a career based on fear and hatred of human beings. Why the double standard when it comes to immigrants?
As Janet Murguia, the President and CEO of the National Council of La Raza pointed out yesterday in her Huffington Post blog, http://bit.ly/Mk0ez, Dobbs disgarded any sense of journalistic objectivity or integrity (assuming he had any to begin with) when he openly participated in an anti-immigrant rally in Washington, DC sponsored by the Federation for American Immigration Reform (FAIR), an organization designated by the Southern Poverty Law Center (SPLC) as a hate group. According to SPLC:
� FAIR was founded by John Tanton, who also operates a racist publishing company and has compared immigrants to "bacteria."
� FAIR has employed members of white supremacist groups in key positions.
� FAIR has promoted racist conspiracy theories.
� FAIR has accepted more than $1 million from the Pioneer Fund, a foundation devoted to eugenics and to proving a connection between race and IQ.
� FAIR president Dan Stein once suggested that Asians and Hispanics were engaged in "competitive breeding."
Of course Dobbs� recent display of hate mongering is just his most recent in a long line of abuse including, as Murguia points out in her blog,
� His regular use of guests representing hate groups, vigilantes, and nativists as experts on immigration
� His relentless repetition of stories on immigrants and crime that project an impression far from reality
� His association of immigrants as carriers of disease that has been both inaccurate and pejorative
Enough is enough.
If CNN is serious about responsible broadcast journalism it must put an end to Lou Dobbs' hateful tirade once and for all.
More... (http://www.visalawyerblog.com/2009/09/cnn_must_dump_lou_dobbs_now.html)
CNN has a journalistic obligation to dump Lou Dobbs and his campaign of hate against immigrants.
It is unthinkable that a major network would permit someone to build a career based on fear and hatred of human beings. Why the double standard when it comes to immigrants?
As Janet Murguia, the President and CEO of the National Council of La Raza pointed out yesterday in her Huffington Post blog, http://bit.ly/Mk0ez, Dobbs disgarded any sense of journalistic objectivity or integrity (assuming he had any to begin with) when he openly participated in an anti-immigrant rally in Washington, DC sponsored by the Federation for American Immigration Reform (FAIR), an organization designated by the Southern Poverty Law Center (SPLC) as a hate group. According to SPLC:
� FAIR was founded by John Tanton, who also operates a racist publishing company and has compared immigrants to "bacteria."
� FAIR has employed members of white supremacist groups in key positions.
� FAIR has promoted racist conspiracy theories.
� FAIR has accepted more than $1 million from the Pioneer Fund, a foundation devoted to eugenics and to proving a connection between race and IQ.
� FAIR president Dan Stein once suggested that Asians and Hispanics were engaged in "competitive breeding."
Of course Dobbs� recent display of hate mongering is just his most recent in a long line of abuse including, as Murguia points out in her blog,
� His regular use of guests representing hate groups, vigilantes, and nativists as experts on immigration
� His relentless repetition of stories on immigrants and crime that project an impression far from reality
� His association of immigrants as carriers of disease that has been both inaccurate and pejorative
Enough is enough.
If CNN is serious about responsible broadcast journalism it must put an end to Lou Dobbs' hateful tirade once and for all.
More... (http://www.visalawyerblog.com/2009/09/cnn_must_dump_lou_dobbs_now.html)
more...
DSP
09-19 12:46 PM
Hi All,
Please help me on this. Here is the situation:
1. Company A First time H1B - Oct 1, 2004
2. Company B transfer - Jan 22, 2006
3. My current visa is expiring on Jan 22, 2009, but after Jan 22, 2009, I still have till Oct 1, 2010 to complete my 6 years of H1B.
4. Now, my wife who is on H-4 is currently in India on vacation, since she is not in US, her H-4 extension cannot be filed.
My question is, can I file my H-1 extension and go to India and get both of our visas stamped based on my extension? Or does my wife need to come back on her currently valid visa and file for her own H-4 extension?
Please advise and pardon me for my ignorance on this.
Thanks in advance,
DSP
Please help me on this. Here is the situation:
1. Company A First time H1B - Oct 1, 2004
2. Company B transfer - Jan 22, 2006
3. My current visa is expiring on Jan 22, 2009, but after Jan 22, 2009, I still have till Oct 1, 2010 to complete my 6 years of H1B.
4. Now, my wife who is on H-4 is currently in India on vacation, since she is not in US, her H-4 extension cannot be filed.
My question is, can I file my H-1 extension and go to India and get both of our visas stamped based on my extension? Or does my wife need to come back on her currently valid visa and file for her own H-4 extension?
Please advise and pardon me for my ignorance on this.
Thanks in advance,
DSP
martinvisalaw
06-30 11:28 AM
Strictly speaking, she cannot use the AP to enter the US unless she had it in her possession when leaving the US.
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gcdedo
01-23 06:49 AM
Off Lately in this forum and thru my freinds I am hearing premiums are also getting delayed..
Even in My case Fedex has reached uscis on Jan 17 , for me and my family but checks have not yet got cleared..
my lawyer says , nowadays the delay is because vermont cases are getting transferred to Calisfornia center for H1 Extension ..
Not sure what is the truth...Just waiting for Premium H1 extension to get cleared soon...
--GCDEDO
Even in My case Fedex has reached uscis on Jan 17 , for me and my family but checks have not yet got cleared..
my lawyer says , nowadays the delay is because vermont cases are getting transferred to Calisfornia center for H1 Extension ..
Not sure what is the truth...Just waiting for Premium H1 extension to get cleared soon...
--GCDEDO
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gccube
06-15 03:55 PM
It was applied in April at TSC and it was a substitution case.
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needhelp!
09-23 05:59 PM
Here is one of the comments below that article that makes sense too (claims to be from a congressional staffer):
As a congressional staffer, I'd say you should just call. Even if you address the letter to the LA, it will likely be passed off to an intern or an LC (legislative correspondent). Writing to constituents is not fun, and most offices have people that do it all day long.
More than likely, an intern will pick up. DO NOT just start rambling about whatever issue you want to gripe about. This signals the person who answered that you are crazy, and should not be speaking to a staff member. They are very busy, and no one is going to pass a crazy person off to their boss. The intern will know to either say "We'll pass that on for you" (which he will not), or say "I've made a note and I'll deliver it to the congressman" (again, he will not). Interns don't know anything, nor do they have the power to do anything.
Instead, simply say your full name and ask whoever is on the phone to speak with the LA who handles the issue about which you are concerned. Be calm, be stern. If you speak to the LA, don't just start off with "I have some opinions I'd like you to know; here they are!" Instead, ask questions! Ask what the congressman's positions are on the issues. Ask why. Explain your own position. Finally, ask if there is any other information the staffer might need.
You might be passed off to voice mail. Do NOT give your opinions here. Simply say that you have some concerns about a certain issue, and that you would like a call back.
Most offices have daily callers and letter writers who leave incoherent notes and messages about anything from UFOs to mexican truck drivers. Your goal should be to separate yourself from this crowd.
Do this, and be rational, and you just might make a difference.
As a congressional staffer, I'd say you should just call. Even if you address the letter to the LA, it will likely be passed off to an intern or an LC (legislative correspondent). Writing to constituents is not fun, and most offices have people that do it all day long.
More than likely, an intern will pick up. DO NOT just start rambling about whatever issue you want to gripe about. This signals the person who answered that you are crazy, and should not be speaking to a staff member. They are very busy, and no one is going to pass a crazy person off to their boss. The intern will know to either say "We'll pass that on for you" (which he will not), or say "I've made a note and I'll deliver it to the congressman" (again, he will not). Interns don't know anything, nor do they have the power to do anything.
Instead, simply say your full name and ask whoever is on the phone to speak with the LA who handles the issue about which you are concerned. Be calm, be stern. If you speak to the LA, don't just start off with "I have some opinions I'd like you to know; here they are!" Instead, ask questions! Ask what the congressman's positions are on the issues. Ask why. Explain your own position. Finally, ask if there is any other information the staffer might need.
You might be passed off to voice mail. Do NOT give your opinions here. Simply say that you have some concerns about a certain issue, and that you would like a call back.
Most offices have daily callers and letter writers who leave incoherent notes and messages about anything from UFOs to mexican truck drivers. Your goal should be to separate yourself from this crowd.
Do this, and be rational, and you just might make a difference.
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skarthy
11-27 04:41 PM
Hi ,
My wife is in this situation where she would like to travel to Canada to see her sister.
We applied for 485 and have got out EAD( did not apply for AP, thinking of appying now.)
She has a H1B stamping from her old employer's H1, valid till 2009. She moved to a new company and the H1 there is pending.
Can she travel to Canada and comeback showing her old stamping ?
Are we abandoning the current H1 if we go out while its pending ?
She just wants to see her sister and they wont let them visit either. :(
Thanks a bunch for your time.
My wife is in this situation where she would like to travel to Canada to see her sister.
We applied for 485 and have got out EAD( did not apply for AP, thinking of appying now.)
She has a H1B stamping from her old employer's H1, valid till 2009. She moved to a new company and the H1 there is pending.
Can she travel to Canada and comeback showing her old stamping ?
Are we abandoning the current H1 if we go out while its pending ?
She just wants to see her sister and they wont let them visit either. :(
Thanks a bunch for your time.
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desiest
04-19 02:06 PM
uscis sent incorrect alien registration # with my name to fbi for name check which ended up in an error . now after waiting for 2 years and 4 months uscis tells me that they are going to assign me a new alien # and send name check all over again. i am stuck please help..what options do i have to expedite this as it was uscis error.
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rosy
10-19 02:09 PM
Thank you so much for the clarification...
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days_go_by
02-12 04:08 PM
Hello
I have got done my medical exam required for adjust of status.
My doc gave me only a single sheet of page in a sealed envelop to send to the USCIS for the purpose.
My QUESTION is, is it only one page to be submitted in the sealed envelop, as the form doesnt have any of my passport details or reciept numbers for the form 140's/485
The doctor should have given u a sealed envelop, how do u know there is only 1 page? 4 pages of 693 are basically the same form, 4 copies. I think you should be ok, Doctors dont mess this us usually. You need to send this envelop with your papers. Passport number and receipt numbers are not needed, how would you have the file number if you havent filed 485/140 yet?
He has only given me page 3 of the attached file, is that sufficient?
http://www.uscis.gov/files/form/I-693.pdf
http://www.uscis.gov/files/form/I-693.pdf
Please advice as i have recieved an RFE for this in January and have to submit it in a timely manner.
what's in the RFE?
Thanks.
Sorry, need more info about ur RFE
I have got done my medical exam required for adjust of status.
My doc gave me only a single sheet of page in a sealed envelop to send to the USCIS for the purpose.
My QUESTION is, is it only one page to be submitted in the sealed envelop, as the form doesnt have any of my passport details or reciept numbers for the form 140's/485
The doctor should have given u a sealed envelop, how do u know there is only 1 page? 4 pages of 693 are basically the same form, 4 copies. I think you should be ok, Doctors dont mess this us usually. You need to send this envelop with your papers. Passport number and receipt numbers are not needed, how would you have the file number if you havent filed 485/140 yet?
He has only given me page 3 of the attached file, is that sufficient?
http://www.uscis.gov/files/form/I-693.pdf
http://www.uscis.gov/files/form/I-693.pdf
Please advice as i have recieved an RFE for this in January and have to submit it in a timely manner.
what's in the RFE?
Thanks.
Sorry, need more info about ur RFE
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geniousatwork
04-08 11:49 AM
Hopefully this is true...I am sure that would give a lot of people some nights to sleep before the RFE news/rumors start showing up....
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kondur_007
05-19 04:50 PM
To me, it means that they will issue an RFE to ask you about the new (self-employed) job and description of your job duties in the new job, compensation etc. And they should match with original LC.
I have a personal belief that this is a complicated thing in itself and depends largely on the job title, job descriptions and your qualifications mentioned on LC. It would be a good idea to discuss the specifics with a competent attorney before taking any step that might lead you to a new greencard from scratch. Good Luck.
I have a personal belief that this is a complicated thing in itself and depends largely on the job title, job descriptions and your qualifications mentioned on LC. It would be a good idea to discuss the specifics with a competent attorney before taking any step that might lead you to a new greencard from scratch. Good Luck.
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Munna Bhai
07-12 09:59 AM
I don't think you can delete just close it.. so that no one will post it again in this thread., you can see the close button if you are the owner of this thread.
Thanks
admin, please close this thread, I already opened another one. I don't know how to do!
Thanks,
Thanks
admin, please close this thread, I already opened another one. I don't know how to do!
Thanks,
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coopheal
07-09 08:03 AM
Could some one please clarify?
My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!
Thanks
As soon as your wife used EAD, her H4 status was gone.
For you it would still be safe to continue working on H1.
Your advantages are:
1) Having dual status (H1B and AOS) is better than one.
2) You do not have to worry about EADs for yourself.
My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!
Thanks
As soon as your wife used EAD, her H4 status was gone.
For you it would still be safe to continue working on H1.
Your advantages are:
1) Having dual status (H1B and AOS) is better than one.
2) You do not have to worry about EADs for yourself.
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venky321
03-23 07:19 PM
I dont think that the USCIS can staff all the Port of Entries with officers who are well versed in every single visa type.
It can hardly be expected that a typical POE officer is aware of all the requirements and intricasies of the H1B visa; LCA, prevaling wage, bench, client/employer, paystubs, client letter etc.
Nevertheless it is possible that there might be some POE officers placed at certain places (strategically ? ) in light of recent efforts to enforce H1B and DOL regulations more stringently; especially in light of the recent report highlighting the large amount of frauds and violations in the H1B program. In that case; one should still be fine if one has long term client project, all paystubs, tax returns etc.
Is there any way Immigration voice can find out if there has been a change of policy to enforce H1B regulations at the Port of Entry? (In addition to consular interviews and applying for the H1B itself)
It can hardly be expected that a typical POE officer is aware of all the requirements and intricasies of the H1B visa; LCA, prevaling wage, bench, client/employer, paystubs, client letter etc.
Nevertheless it is possible that there might be some POE officers placed at certain places (strategically ? ) in light of recent efforts to enforce H1B and DOL regulations more stringently; especially in light of the recent report highlighting the large amount of frauds and violations in the H1B program. In that case; one should still be fine if one has long term client project, all paystubs, tax returns etc.
Is there any way Immigration voice can find out if there has been a change of policy to enforce H1B regulations at the Port of Entry? (In addition to consular interviews and applying for the H1B itself)
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Lasantha
11-07 01:59 PM
Thanks Bobzi !!!
tnite
08-24 09:44 AM
Mam Thank god..Atlast someone has responded. I live in Williamsville. I am the only one righht now. We will rent a car and try to get some 3 more guys. I will pm my contact no.
Saravanraj , I sent you a PM .
Saravanraj , I sent you a PM .
sreedhar23
08-08 10:14 AM
My check bounced...I did not have enough money in my bank account. What to do? I am so confused.
I remember reading some where that they will try 2 to 3 times to get the check cashed so try put some money in the bank and keep ur fingures crossed.
All the best
I remember reading some where that they will try 2 to 3 times to get the check cashed so try put some money in the bank and keep ur fingures crossed.
All the best
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