crystal
10-06 10:22 AM
There is no specific rule for this. I read opposite opinions on this by different lawyers. Based my reading on this subject , I came to a conclusion that it is better to switch to I-485 EAD once we get it to be on safer side. This is more related to IO officer questioning about our intent of continuing on F1 even after I-485 filing rather than IRS audits
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martinvisalaw
07-21 01:20 PM
Like the attorney mentioned, you can't maintain H4 and AOS status at the same time.
To clarify some misunderstandings - you can have H-4 and an AOS pending. You can't have H-4 and work on an EAD.
Someone else said "If working on EAD invalidates H1,..." No, working on an EAD does not invalidate H-1B status, unless the work is for a different employer to the H-1B petitioner.
Another poster: "I know many people who were on H4 and started working as soon as they filed AOS and got EAD's, now in this case there I-94 issued for H4 is still valid."
No, the H-4 status is not valid. I wonder if the H-4 applicant completed the I-539 correctly and stated that s/he was working. There is a specific question about this on the 539. If the applicant said s/he was working, I would be very surprised if CIS extended the H-4 status.
To clarify some misunderstandings - you can have H-4 and an AOS pending. You can't have H-4 and work on an EAD.
Someone else said "If working on EAD invalidates H1,..." No, working on an EAD does not invalidate H-1B status, unless the work is for a different employer to the H-1B petitioner.
Another poster: "I know many people who were on H4 and started working as soon as they filed AOS and got EAD's, now in this case there I-94 issued for H4 is still valid."
No, the H-4 status is not valid. I wonder if the H-4 applicant completed the I-539 correctly and stated that s/he was working. There is a specific question about this on the 539. If the applicant said s/he was working, I would be very surprised if CIS extended the H-4 status.
vine93
06-12 06:46 PM
Congressman scheduled a meeting for Family and Employment based victims. I had a talk with their office , they would like to listen individual stories at the hall. I am planning to attend this tomorrow. CO state chapter please join this .
http://polis.house.gov/News/DocumentSingle.aspx?DocumentID=129256
http://polis.house.gov/News/DocumentSingle.aspx?DocumentID=129256
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beautifulMind
01-06 03:06 PM
Congrats. My EB3 is pending in NSC for more than 600 days now!
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pappu
01-29 12:51 AM
Could someone here take the responsibility to organize the first confrence call for all TX members? pls get together on a conf call and discuss action items.
apb
08-08 02:22 PM
I am not sure what it is misdemeanor or felony. I received an arrest warrant mail to report to police station I went and I was fingerprinted/photographed. I was asked to pay the traffic court fine and that is it.
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gparr
March 3rd, 2004, 08:12 PM
Fred, you're killing me! That comedy routine is getting really good! ;)
I like the every-angle view. Reminds me of a kaleidoscope. How did you get the camera to put that many images on one frame? I doubt even the MKII will be that fast. ;)
I like the every-angle view. Reminds me of a kaleidoscope. How did you get the camera to put that many images on one frame? I doubt even the MKII will be that fast. ;)
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srkamath
08-06 04:52 PM
Friends, I Received the magic email today!
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
There is a follow to join provision, i'm not very sure about the details but, i believe that you can apply for her 485 before you get your's approved.
You might want to research this. Good luck.
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
There is a follow to join provision, i'm not very sure about the details but, i believe that you can apply for her 485 before you get your's approved.
You might want to research this. Good luck.
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xgoogle
06-24 11:08 AM
Thanks you guys and smart move admin for collapsing both the threads together! I was only hoping if one of the lawyers could also confirm on this, then I would be really confident going forward with this decision.
Thanks a bunch again for listening to my rant!
Thanks a bunch again for listening to my rant!
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EndlessWait
01-15 07:53 AM
we've had way too many :mad:
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Kapils573
12-07 11:17 AM
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=644678d8a15e0110VgnVCM1000000ecd190aRCR D
Scheduled USCIS.gov site outages
Our Case Status Online system, Change of Address Online system, processing times, and field office/Application Support Center/Civil Surgeon locator will be unavailable due to server upgrades from 9:30 PM on Friday December 7 until about 8:00 PM on Monday December 10.
In addition, our search engine and naturalization self-test will be unavailable due to scheduled server maintenance on Sunday Dec. 9, 2007, from midnight to 6 AM Eastern Time.
We apologize for the inconvenience.
Scheduled USCIS.gov site outages
Our Case Status Online system, Change of Address Online system, processing times, and field office/Application Support Center/Civil Surgeon locator will be unavailable due to server upgrades from 9:30 PM on Friday December 7 until about 8:00 PM on Monday December 10.
In addition, our search engine and naturalization self-test will be unavailable due to scheduled server maintenance on Sunday Dec. 9, 2007, from midnight to 6 AM Eastern Time.
We apologize for the inconvenience.
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Vishal2007
02-04 06:33 PM
i was totaly upse about this post, here is my correct entry
definitely your entry should be denied, you are not capable to solve your domestic problem, how come you are going to do good to this country by getting GC. (I agree these people are not good as you, but before they start domestic violence there are on citizen/GC (either one of them),
definitely your entry should be deneid, you are not uncapale to solve your domestic problem, how come you are going to do good to this country by getting GC. (I agree these people are not good as you, but before they start domestic voilence there are on citizen/GC (either one of them),
definitely your entry should be denied, you are not capable to solve your domestic problem, how come you are going to do good to this country by getting GC. (I agree these people are not good as you, but before they start domestic violence there are on citizen/GC (either one of them),
definitely your entry should be deneid, you are not uncapale to solve your domestic problem, how come you are going to do good to this country by getting GC. (I agree these people are not good as you, but before they start domestic voilence there are on citizen/GC (either one of them),
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ivar
09-11 11:04 AM
I read some posts from the thread you mentioned and i was not able to read it entirely as it was a very long thread. I couldn't figure out what changed with respect to EB2 job zones. I have filed my current perm in EB2 with senior software engineer title and i am not sure what will happen to that. I am in this country for 5 years and still struggling to get my PERM approved (So far i have filed PERM three times :)) Is there anyone in IV who has got their PERM approved with Priority date from DECEMBER 2008 onwards? This will be little encouraging.
Are there any PERM approvals with priority date after DEC 08? I believe a lot of people on IV have already passed this stage (Many may have EAD by now) and there may not be many in this PERM queue. There are people like us who are still stuck with PERM and need to hear from fellow IVians if they are aware of the reasons for the PERM delays. It is taking more than 10 months to get the regular PERM approvals.
Are there any PERM approvals with priority date after DEC 08? I believe a lot of people on IV have already passed this stage (Many may have EAD by now) and there may not be many in this PERM queue. There are people like us who are still stuck with PERM and need to hear from fellow IVians if they are aware of the reasons for the PERM delays. It is taking more than 10 months to get the regular PERM approvals.
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jsb
02-02 10:21 AM
Pappu - Can we also ask all the users to update the amount of taxes they've paid in 2008 (now that everyone is filing for their returns)? There seems to be a negative campaign against us that somehow we don't need to pay taxes and we are a burden on local entities.
Also, if possible, can we track how many of us are willingly capable of purchasing a home as a bargain chip for GC. I believe that we are capable of stimulating this economy and it'll be for everyones good, including US Citizens.
Cheers
Praveen
"Temporary Workers" have to pay not only Federal and State taxes, but Medicare and Social Security taxes too, which for a true temporary worker is just a donation for who live or will live permanently in the US.
It is a double standard. You are a temporary worker with limited rights, but when question of paying taxes comes, IRS considers H1, L1 etc. as "US Person", which means they have to declare their world income and pay taxes to the US govenment on all of it. Moreover, if you don't contribute to SS for 40 quarters (10 years), you get nothing back when you retire. You pay for Medicare, but will get nothing unless you are a legal resident when you are eligible for medicare.
Also, if possible, can we track how many of us are willingly capable of purchasing a home as a bargain chip for GC. I believe that we are capable of stimulating this economy and it'll be for everyones good, including US Citizens.
Cheers
Praveen
"Temporary Workers" have to pay not only Federal and State taxes, but Medicare and Social Security taxes too, which for a true temporary worker is just a donation for who live or will live permanently in the US.
It is a double standard. You are a temporary worker with limited rights, but when question of paying taxes comes, IRS considers H1, L1 etc. as "US Person", which means they have to declare their world income and pay taxes to the US govenment on all of it. Moreover, if you don't contribute to SS for 40 quarters (10 years), you get nothing back when you retire. You pay for Medicare, but will get nothing unless you are a legal resident when you are eligible for medicare.
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seahawks
01-01 05:10 AM
congratulations after all the hardships you had to wait for. Me too had to wait 4 years (48 months) just for my labor to be approved:) Hopefully 2009 should really be a Happy New Year if we all work hard together!
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eb2_mumbai
10-15 07:55 PM
This is what I can speculate from logical point of view. There can be an 2nd RFE which is basically seeking more clarification on an earlier RFE. These kind of RFE will be pretty much immediate to the preceeding RFE (within 1 -2 months)
After that hopefully there should not be any unrelated RFE with the assumption that IO has taken a complete look at the file before issuing a RFE. We do not want a RFE for BC and when that is replied IO sending another one for Medical or Marriage Certificate. We should reasonably assume that IO has taken a good look at the application before sending RFE.
But we can expect RFE for cases that are current. The reason being most of these cases might be lying with CIS for over 2-3 years before getting current and considering the current state of economy they might issue a RFE for updated EVL to check if the person is still working. That is again just a pure guess no one knows how CIS works in reality
After that hopefully there should not be any unrelated RFE with the assumption that IO has taken a complete look at the file before issuing a RFE. We do not want a RFE for BC and when that is replied IO sending another one for Medical or Marriage Certificate. We should reasonably assume that IO has taken a good look at the application before sending RFE.
But we can expect RFE for cases that are current. The reason being most of these cases might be lying with CIS for over 2-3 years before getting current and considering the current state of economy they might issue a RFE for updated EVL to check if the person is still working. That is again just a pure guess no one knows how CIS works in reality
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Blog Feeds
05-28 01:20 AM
They say that America is the land of opportunity, and therefore, so many people desire to Immigrate to this country.
Amid the news of an upcoming General Motors bankruptcy, the recession is not showing any signs of retreat. During these tough economic times, many institutions are trying to do their share to ease up the pain. US Citizenship and Immigration Services is not one of them. For USCIS this is business as usual.
When one applies for a US visa, whether it is for a Temporary work visa or for Permanent Residency, there is a fee charged for the processing of the application. These fees paid to the government range between $300 and $1365, depending on the type of application. While this is expensive, it is acceptable so long as it represents the actual costs of the service provided. Yet, there is a growing school of thought that USCIS currently charging fees way out of line with the actual costs.
The government should not be profiting from the fees it charges for its services. Permanent Resident and Temporary Visa applicants should not be used as cash machines for the American government. The government will already benefit from their tax dollars as they contribute to the economy. It is not right to ask immigrants to carry more than their share of the burden of paying for the general operation of government. Especially in this economic crisis.
When the government earns profits from application fees, this amounts to a form of extra taxation. Yet while other taxes in America have to be approved by Congress, visa application fees do not, making them a form of taxation without representation, and this goes against the basic principles of our democracy.
Asking individuals to cover the cost of their visa applications is fair. Using these applications to earn profits and not make any concessions in this recession is not. Immigrants are important contributors to the success of the American economy. They should be treated with respect, and not taken advantage of. We are all in this boat together.
My 2 cents.
More... (http://www.visalawyerblog.com/2009/05/the_government_should_reduce_v.html)
Amid the news of an upcoming General Motors bankruptcy, the recession is not showing any signs of retreat. During these tough economic times, many institutions are trying to do their share to ease up the pain. US Citizenship and Immigration Services is not one of them. For USCIS this is business as usual.
When one applies for a US visa, whether it is for a Temporary work visa or for Permanent Residency, there is a fee charged for the processing of the application. These fees paid to the government range between $300 and $1365, depending on the type of application. While this is expensive, it is acceptable so long as it represents the actual costs of the service provided. Yet, there is a growing school of thought that USCIS currently charging fees way out of line with the actual costs.
The government should not be profiting from the fees it charges for its services. Permanent Resident and Temporary Visa applicants should not be used as cash machines for the American government. The government will already benefit from their tax dollars as they contribute to the economy. It is not right to ask immigrants to carry more than their share of the burden of paying for the general operation of government. Especially in this economic crisis.
When the government earns profits from application fees, this amounts to a form of extra taxation. Yet while other taxes in America have to be approved by Congress, visa application fees do not, making them a form of taxation without representation, and this goes against the basic principles of our democracy.
Asking individuals to cover the cost of their visa applications is fair. Using these applications to earn profits and not make any concessions in this recession is not. Immigrants are important contributors to the success of the American economy. They should be treated with respect, and not taken advantage of. We are all in this boat together.
My 2 cents.
More... (http://www.visalawyerblog.com/2009/05/the_government_should_reduce_v.html)
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fearonlygod
11-13 09:54 PM
thanks guys.....will proceed as suggested..also please advice that wether i need to have exp. letter from that guy.i am not optimistic in getting it....
can the client exp. letter and refernce letters of client project manager work...??
can the client exp. letter and refernce letters of client project manager work...??
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senk1s
10-26 06:20 PM
waiting ...
smiledoc
02-28 09:57 AM
We got our FP in sept 07. Our attorney has advised that we file earlier to be on the safer side.
I am in the same boat as well. But you answer your question - am almost sure you don't need FP to renew your EAD. Having said that - why would renew your card in June? (Considering that you might not have received your EAD till Aug-Sep'07 of last year).
I am in the same boat as well. But you answer your question - am almost sure you don't need FP to renew your EAD. Having said that - why would renew your card in June? (Considering that you might not have received your EAD till Aug-Sep'07 of last year).
eb2_mumbai
10-16 11:05 AM
eb2_mumbai,
Most your recent postings are logical but still so much red here- I gave you green.
Thanks for the green gbof. Last Friday I was on 3 green's and then I started to write on this thread for H4 work permits and went down to 8 RED's and then now on 6 Red's so I guess its been a roller coaster ride for me. :-)
Just a warning to folks I have a strong feeling that perhaps EAD renewal might be a good place for IO to demand a fresh EVL. That is based on assumption that it goes to same level/ group of IO who adjudicates 485. If there are different groups that look at 765 & 485 then I guess all they care is to look up the system to see if 485 is pending and then approve 765 (which is normal workflow). I still think this is what they will follow because otherwise every 765 application (proimary) will result in RFE which is additional workload for CIS. They would just add it to required documents to make it easy on all of us.
Most your recent postings are logical but still so much red here- I gave you green.
Thanks for the green gbof. Last Friday I was on 3 green's and then I started to write on this thread for H4 work permits and went down to 8 RED's and then now on 6 Red's so I guess its been a roller coaster ride for me. :-)
Just a warning to folks I have a strong feeling that perhaps EAD renewal might be a good place for IO to demand a fresh EVL. That is based on assumption that it goes to same level/ group of IO who adjudicates 485. If there are different groups that look at 765 & 485 then I guess all they care is to look up the system to see if 485 is pending and then approve 765 (which is normal workflow). I still think this is what they will follow because otherwise every 765 application (proimary) will result in RFE which is additional workload for CIS. They would just add it to required documents to make it easy on all of us.
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