sudhirvallam
10-24 06:39 PM
The below memo from USCIS clearly states that your H1B will be valid if you use EAD for secondary job.
2. If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status?
Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Amended INS Memo on H/Ls Traveling on Advance Parole, U.S. Immigration, Law Offices of Carl Shusterman (http://shusterman.com/handlvisas-travelingonadvanceparole.html)
2. If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status?
Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Amended INS Memo on H/Ls Traveling on Advance Parole, U.S. Immigration, Law Offices of Carl Shusterman (http://shusterman.com/handlvisas-travelingonadvanceparole.html)
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franklin
12-11 02:30 PM
Everyone knows the you don't get something for nothing.
The Omnibus Bill is the most positive movement we as a green card hopeful community will have for some time.
Please contribute for your sanity and long term stability.
I know the feeling of relief that a greencard brings, but I still believe others need help. I've contributed for you. Now its your turn to help yourselves.
Please contribute.
The Omnibus Bill is the most positive movement we as a green card hopeful community will have for some time.
Please contribute for your sanity and long term stability.
I know the feeling of relief that a greencard brings, but I still believe others need help. I've contributed for you. Now its your turn to help yourselves.
Please contribute.
9years
04-08 05:59 PM
My Details:
EB3 India
PD: October 15 2003
I-485 filed on July 2nd 2007
I-140 Approved on Aug 15th 2007
Texas Service Center
EB3 India
PD: October 15 2003
I-485 filed on July 2nd 2007
I-140 Approved on Aug 15th 2007
Texas Service Center
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sivakumar
01-08 04:41 PM
not true. You can be approved only if your PD is current.
PD has nothing to do with approval and neither does biometrics. Once you have the reciept date of I-485 that becomes crucial. If that is after what USCIS is procesing then you have to wait like me :).
You should keep watching the processing date every month ( it changes usually around midddle of month). If your I-485 reciept date is before the uscis processing date and it has been more than 30 days you can call them to find status of your case.
PD has nothing to do with approval and neither does biometrics. Once you have the reciept date of I-485 that becomes crucial. If that is after what USCIS is procesing then you have to wait like me :).
You should keep watching the processing date every month ( it changes usually around midddle of month). If your I-485 reciept date is before the uscis processing date and it has been more than 30 days you can call them to find status of your case.
more...
m306m
07-31 04:18 PM
Hello,
I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my grandfather had applied for a greencard process for my mom through family based and we are 2 months away from getting the visa numbers. So Is there any way my mom can extend her H1B. She is currently working as a teacher. (There are lot of options for people who applied for Greencard process through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
Thank You.
Are you sure she is 2 months away in getting her visa number current? For example if her priority date is Jan 1st 1998 and they are currently processing Nov 1st 1997. It seems like you mother will be current in 2 months but it could take USCIS 2 years to move forward 2 months in processing. Processing dates don't move by calendar time.
Maybe I am misunderstanding your question. If so please ignore the above.
If she has been out of the country for any significant amount of time during the 6 years she can file an extension for that time. I would not recommend that she continue to work if the H1 has expired and I think you should consult an attorney to figure out her options.
I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my grandfather had applied for a greencard process for my mom through family based and we are 2 months away from getting the visa numbers. So Is there any way my mom can extend her H1B. She is currently working as a teacher. (There are lot of options for people who applied for Greencard process through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
Thank You.
Are you sure she is 2 months away in getting her visa number current? For example if her priority date is Jan 1st 1998 and they are currently processing Nov 1st 1997. It seems like you mother will be current in 2 months but it could take USCIS 2 years to move forward 2 months in processing. Processing dates don't move by calendar time.
Maybe I am misunderstanding your question. If so please ignore the above.
If she has been out of the country for any significant amount of time during the 6 years she can file an extension for that time. I would not recommend that she continue to work if the H1 has expired and I think you should consult an attorney to figure out her options.
gparr
July 26th, 2005, 04:20 PM
Well, you got me started on something new Gary.... Since I don't shoot in raw format, I have never processed RAW before in photoshop, so I had to first download the most recent version of the raw plug-in.... and what fun! But since I have never played with it before, I'm still experimenting. Thanks! You've opened up a whole new world for me! :)
Always glad to help you expand your horizons, Queen. Anxious to see your version of my image.
Gary
Always glad to help you expand your horizons, Queen. Anxious to see your version of my image.
Gary
more...
digitalborealis
01-10 06:24 AM
Research statement? Have never heard about that one! Are you a postdoctoral research fellow?
No I am not a research fellow. Just Telecomm Engineer who has Master's Degree from US. I just interpreted Research Item in 221G Green Document as my Thesis work and explained it in the research statement along with the other documents.
D
No I am not a research fellow. Just Telecomm Engineer who has Master's Degree from US. I just interpreted Research Item in 221G Green Document as my Thesis work and explained it in the research statement along with the other documents.
D
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vkrishn
08-28 10:02 PM
Not only mine. There are many in the same scenario. Its the feeling of being close to the finishline but stll can't cross it. Sudden Influx of anything let it be USCIS is not good.
more...
aniltatikonda
02-08 04:39 PM
This yr for H1B's whoever applies from more than one employer then his application will not be considered in the random pick.
http://immigrationvoice.org/forum/showthread.php?t=16188
http://immigrationvoice.org/forum/showthread.php?t=16188
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smiledentist
06-15 03:14 PM
Hi Amit.
I was thinking if I could show one of the partners as succesor of interest, then he can file my 485 as the dental office from which my perm was filed now belongs to him after the partners split.
Any comments.
485 can be filed for future employment. So technically, your old company with one of the partners can file for 485, presuming no other technical flaws with ability to pay and other such stuff. Contact an attorney, but according to me, a strong possibility of filing with old company and then using AC21.
I was thinking if I could show one of the partners as succesor of interest, then he can file my 485 as the dental office from which my perm was filed now belongs to him after the partners split.
Any comments.
485 can be filed for future employment. So technically, your old company with one of the partners can file for 485, presuming no other technical flaws with ability to pay and other such stuff. Contact an attorney, but according to me, a strong possibility of filing with old company and then using AC21.
more...
gopi246
03-20 12:07 PM
I was in the same situation and was told by the SSN office person ( a very helpful guy) to re-apply and enter my address as of the SSN office address and he kept my cell number. He said he will call me as soon as the number arrives and then again when the actual card arrives. He called me on both occasions and I got my number in 2 days and the card in less than a month !
I was very grateful for the help and advice the SSN office person provided me at that time.
Thanks guys for the response. I checked with the SSN people if I can resubmit the form. They told they will not allow that. Is there a chance that the immigration people keep it pending so long. If so can I contact them?
I was very grateful for the help and advice the SSN office person provided me at that time.
Thanks guys for the response. I checked with the SSN people if I can resubmit the form. They told they will not allow that. Is there a chance that the immigration people keep it pending so long. If so can I contact them?
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logiclife
01-31 10:51 AM
Go to websites such as ZAZONA.com and numbersusa.com and check out their arguments that they use to oppose H1b and EB-greencards. You are saying the same thing and feeding into those arguments by using the word "Slavery".
And by the way, regarding public opinion, remember that immigration(legal or illegal) is issue number 5 or 6 after economy, healthcare, Iraq, security, deficits etc. etc.
Public opinion is not going to care about 350,000 H1bs in line for GC. But still, getting overall media attention is good for our cause and I urge you to write letters to the editors of NYT, LA times, Time mag, Newsweek. etc etc. like you suggested. But there is not POINT IN BEING RHETORICAL or SARCASTIC.
--logiclife.
And by the way, regarding public opinion, remember that immigration(legal or illegal) is issue number 5 or 6 after economy, healthcare, Iraq, security, deficits etc. etc.
Public opinion is not going to care about 350,000 H1bs in line for GC. But still, getting overall media attention is good for our cause and I urge you to write letters to the editors of NYT, LA times, Time mag, Newsweek. etc etc. like you suggested. But there is not POINT IN BEING RHETORICAL or SARCASTIC.
--logiclife.
more...
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ksrk
06-15 07:17 PM
So the dates are moving ahead but what does this really imply ? With priority dates retrogessed to around 2000 and no visa numbers availble for EB3. Who is getting the GC. Is it only the Eb2 with PD around 2000 or any one else.
Does anyone has more info to better understand what these dates imply ?
While there is some debate reg. what these dates refer to, the USCIS, on this page, clearly states that these are receipt dates (RD) on your receipt notice (for I-485 or whichever document you are checking processing times for).
[The processing dates shown below represent the receipt dates of petitions and applications currently being processed by the USCIS Service Center.]
Based on your EB-category and country of chargeability, if your PD is current AND your RD is earlier than the one indicated in this "Processing Times" page, then you should already have your GC - if you don't you MUST contact NSC.
Since both you and I belong EB-2 and our PD's are past Jan 01, 2000 (per the June visa bulletin), there is no visa number to give either of us, even if our RD for I-485 is before Aug. 17, 2007.
The (current) problem isn't USCIS's processing pace - it is lack of sufficient visa numbers.
Does anyone has more info to better understand what these dates imply ?
While there is some debate reg. what these dates refer to, the USCIS, on this page, clearly states that these are receipt dates (RD) on your receipt notice (for I-485 or whichever document you are checking processing times for).
[The processing dates shown below represent the receipt dates of petitions and applications currently being processed by the USCIS Service Center.]
Based on your EB-category and country of chargeability, if your PD is current AND your RD is earlier than the one indicated in this "Processing Times" page, then you should already have your GC - if you don't you MUST contact NSC.
Since both you and I belong EB-2 and our PD's are past Jan 01, 2000 (per the June visa bulletin), there is no visa number to give either of us, even if our RD for I-485 is before Aug. 17, 2007.
The (current) problem isn't USCIS's processing pace - it is lack of sufficient visa numbers.
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kevinkris
07-29 10:34 PM
Hi All,
We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.
Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?
I heard that mexico has different rules?
Thanks for your help.
We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.
Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?
I heard that mexico has different rules?
Thanks for your help.
more...
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pd_recapturing
08-24 02:49 PM
I did exactly the same thing. I had a EB3 May 2004 I-140 approved and I applied 485 with this. during the first quarter of this year, I applied a new labor in EB2 and got it approved in 2 months. I applied I-140 EB2 in premium on 29th June and got it approved. Now my lawyer is going to interfile this new I-140 with my existing pending 485.
First of all, dont worry with your old 140 while applying new one. They would not touch your old 140. The only issue right now is that there is no PP of 140 so you might need to wait up to one year to see 140 approved and that might kill the purpose.Just pray that they start PP soon.
First of all, dont worry with your old 140 while applying new one. They would not touch your old 140. The only issue right now is that there is no PP of 140 so you might need to wait up to one year to see 140 approved and that might kill the purpose.Just pray that they start PP soon.
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continuedProgress
05-13 10:58 PM
This is something I've been wondering for a while reg. EB3->EB2 process.
After PERM and 140 approval (making sure past approved 140/PD are indicated) - do I need to file a fresh 485?
Thanks for any responses!
After PERM and 140 approval (making sure past approved 140/PD are indicated) - do I need to file a fresh 485?
Thanks for any responses!
more...
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nyte_crawler
03-06 02:08 PM
I filed my I485 mid 2003. I missed the boat end of 2004, some where in 2005 and then in 2007 when my dates were current. My pd is in 2002. People who filed with me have been approved and they are ready for citizenship next year :mad:, while I got my 6th EAD approved
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ilovestirfries
09-27 08:07 PM
Wowww...There were 34 views without a single reply.. :confused:
There isn't anybody who concurs/disagrees with my situation? Its amazing how these discussion boards work...:mad:
There isn't anybody who concurs/disagrees with my situation? Its amazing how these discussion boards work...:mad:
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lj_rr
07-31 02:01 PM
Iam in exact same situation.Can someone share the detailed process to do this.
Yes. It is called interfiling
Yes. It is called interfiling
hbk
04-22 03:49 PM
How long you been working at this client?
I am working for this client from last 20 months(almost 2 years).
I am working for this client from last 20 months(almost 2 years).
GreenCord
07-17 02:19 AM
Hello freinds :
I would appreciate if anyone can guide me through the situation I am in. I have been working for a company for past 4yrs. After the July bulletin was released on June 15, my employer has stopped responding to my emails, voicemails and registered mails by normal post. When I try to reach him on the telephone his voicemail message says that he is travelling and not to leave any voicemail messages but to email him and he will respond when he gets a chance. When I email him I get an out of office response. There are two other people working in the same company. I sent emails to these people and also left voicemail messages but they are also not responding.
This has put me in a very difficult situation as I dont know what is the status of my H1B application which expired recently. They were supposed to extend it. They are also not telling me the status of I140 application. My labor PD is June 2004. I would like to file the I485 application if USCIS reverses their decision.
Has anyone been throught the same or similar situation ?
This is my third employer and third GC attempt in the 11yrs I have been in this country.
I would appreciate if anyone can guide me through the situation I am in. I have been working for a company for past 4yrs. After the July bulletin was released on June 15, my employer has stopped responding to my emails, voicemails and registered mails by normal post. When I try to reach him on the telephone his voicemail message says that he is travelling and not to leave any voicemail messages but to email him and he will respond when he gets a chance. When I email him I get an out of office response. There are two other people working in the same company. I sent emails to these people and also left voicemail messages but they are also not responding.
This has put me in a very difficult situation as I dont know what is the status of my H1B application which expired recently. They were supposed to extend it. They are also not telling me the status of I140 application. My labor PD is June 2004. I would like to file the I485 application if USCIS reverses their decision.
Has anyone been throught the same or similar situation ?
This is my third employer and third GC attempt in the 11yrs I have been in this country.
