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ntpatil
11-10 06:14 PM
I was exactly in the similar situation. My wife entered on H4, started work on EAD. Now we are traveling to India, both have AP as well as H visa (H1 for myself, H4 for wife). I talked to our corporate lawyers pretty much the exact same questions you are asking. Here is the response (that I have in writing from the lawyers):
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
Hi chaanakya,
Thanks a lot for your replies. I had a few more questions -
1. Did your wife fill a new I9 form with the same employer when she was back again (on H4). The reason I am asking is that when you enter again you get a new I94 and that needs to be reported on the I9.
2. If the primary applicants 485 gets denied, then the dependent who is using EAD becomes out of status. At this point what to do for the dependent. Does he/she need to go out of the country and return back with a new H4, or can we somehow get back to H4 status from the US itself (note that the primary applicant is still in H1 status)
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
Hi chaanakya,
Thanks a lot for your replies. I had a few more questions -
1. Did your wife fill a new I9 form with the same employer when she was back again (on H4). The reason I am asking is that when you enter again you get a new I94 and that needs to be reported on the I9.
2. If the primary applicants 485 gets denied, then the dependent who is using EAD becomes out of status. At this point what to do for the dependent. Does he/she need to go out of the country and return back with a new H4, or can we somehow get back to H4 status from the US itself (note that the primary applicant is still in H1 status)
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Macaca
09-19 12:49 PM
Franklin, a Brit, flew from CA and worked 12+ hours/day for 3+ days.
Another Brit told me, after the rally, that her GC was approved some time back.
Another Brit told me, after the rally, that her GC was approved some time back.
gcdreamer05
09-22 12:50 PM
GOOD NEWS
09/23/2008
Full Committee
1:00 P.M. in 2141 Rayburn House Office Building
Continued Committee Markup of: H.R. 6598, H.R. 5882, H.R. 5924, H.R. 5950, and
To consider: a resolution and report recommending to the Hous of Representatives that Attorney General Michael B. Mukasey be cited for contempt of Congress
http://judiciary.house.gov/hearings/calendar.html
great info man, our hopes are now back again !!!!!!!!!!!!!!!!!!!!!!
09/23/2008
Full Committee
1:00 P.M. in 2141 Rayburn House Office Building
Continued Committee Markup of: H.R. 6598, H.R. 5882, H.R. 5924, H.R. 5950, and
To consider: a resolution and report recommending to the Hous of Representatives that Attorney General Michael B. Mukasey be cited for contempt of Congress
http://judiciary.house.gov/hearings/calendar.html
great info man, our hopes are now back again !!!!!!!!!!!!!!!!!!!!!!
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yabadaba
07-13 12:52 PM
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tv25
09-16 04:18 PM
This waiver seems to be for Citizens and Green card holders right?
I have applied for 485 is this waiver applicable to me. Any thoughts?
I have applied for 485 is this waiver applicable to me. Any thoughts?
nvssln
07-13 04:03 PM
To my observation they never released the bulletin on Friday. They kept us waiting until Monday. So, relax, njoy weekend and check back on Monday.
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bindas74
05-14 11:06 PM
Hi Gurus,
I have efiled for my wife's EAD/AP renewal. When I finally submitted, the total payment asked was only $645( 340 for EAD and 305 for AP). But, there is a note stating the following:
"The biometric fee is $80 for applicants ages 14 through 79 who request a Refugee Travel Document or Re-Entry Permit, unless the applicant resides outside the United States at the time of filing their form."
How am I supposed to send this? I was not asked to pay this amount during my efiling of the AP/EAD concurrent filing.
How am I supposed to send this? Can I send it as a separate check for $80 only for the biometric fee( because I had already paid for the EAD/AP using my credit card)
Please advise.
Also, during the AP filing, I got this:
"On a separate piece of paper, please explain how you would qualify for an Advance Parole and what circumstances warrant issuance of Advance Parole. Include copies of any documents you wish considered. (See instructions.) "
What an I supposed write in the document that I am going to send to USCIS?
Please advise.
Thanks in advance,
I have efiled for my wife's EAD/AP renewal. When I finally submitted, the total payment asked was only $645( 340 for EAD and 305 for AP). But, there is a note stating the following:
"The biometric fee is $80 for applicants ages 14 through 79 who request a Refugee Travel Document or Re-Entry Permit, unless the applicant resides outside the United States at the time of filing their form."
How am I supposed to send this? I was not asked to pay this amount during my efiling of the AP/EAD concurrent filing.
How am I supposed to send this? Can I send it as a separate check for $80 only for the biometric fee( because I had already paid for the EAD/AP using my credit card)
Please advise.
Also, during the AP filing, I got this:
"On a separate piece of paper, please explain how you would qualify for an Advance Parole and what circumstances warrant issuance of Advance Parole. Include copies of any documents you wish considered. (See instructions.) "
What an I supposed write in the document that I am going to send to USCIS?
Please advise.
Thanks in advance,
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irock
09-25 01:52 PM
My wife's case
Date you filed: 07/26/2007
Receipt Date: 07/26/2007
Service center NSC (receipt no starts with LIN)
EAD approved on Spet 24th 2007.
My EAD is still pending status.
Date you filed: 07/26/2007
Receipt Date: 07/26/2007
Service center NSC (receipt no starts with LIN)
EAD approved on Spet 24th 2007.
My EAD is still pending status.
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bobzibub
05-24 07:14 PM
I wish good luck to him. There is nothing for us in this bill, and I will be very happy if he succeeds in killing this bill.
Go Savage......
I would choose my "bedfellows" cautiously.
Once CIR has collapsed, he'll re-aim. Remember: Most of the "Right Wing" are looking for scape goats right now. The neo-conservatives' policies have failed demonstratively for the average, joe-sixpack American since the Clinton years and if they don't find some group to blame, they'll have to blame themselves. (Nobody wants to blame themselves) Savage represents the neo-conservatives.
If he is a bigot (as many right wing talk show hosts are) then he will easily be bigoted against us.
Go Savage......
I would choose my "bedfellows" cautiously.
Once CIR has collapsed, he'll re-aim. Remember: Most of the "Right Wing" are looking for scape goats right now. The neo-conservatives' policies have failed demonstratively for the average, joe-sixpack American since the Clinton years and if they don't find some group to blame, they'll have to blame themselves. (Nobody wants to blame themselves) Savage represents the neo-conservatives.
If he is a bigot (as many right wing talk show hosts are) then he will easily be bigoted against us.
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kvsagar22
02-15 11:28 AM
I already put a transfer in Oct 2008. since I am not sure about H1b approval of old company.
Its in pening status.
Out of project since one month.
Thanks
Its in pening status.
Out of project since one month.
Thanks
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jkamel5
07-11 12:55 PM
Thanks for advice. Yes my last M.Sc. and Ph.D. from the USA.
Could you please clarify what "find out NIW holders in your / related engg field"? How can I find out?
Do you believe EB2-NIW is easier than EB1-OR?
Thank you,
John
Your situation is slightly different than many I have come across. If your qualifications, research work, project etc have unique qualities, then you may still have a fighting chance. But you may have to do a lot of homework: find out NIW holders in your / related engg field, ask a few lawyers: do not believe right away if somebody promises they could, try to enroll in as many professional associations as possible, enlarge your skill portfolio etc.
BTW, is any degree of you from US?
Could you please clarify what "find out NIW holders in your / related engg field"? How can I find out?
Do you believe EB2-NIW is easier than EB1-OR?
Thank you,
John
Your situation is slightly different than many I have come across. If your qualifications, research work, project etc have unique qualities, then you may still have a fighting chance. But you may have to do a lot of homework: find out NIW holders in your / related engg field, ask a few lawyers: do not believe right away if somebody promises they could, try to enroll in as many professional associations as possible, enlarge your skill portfolio etc.
BTW, is any degree of you from US?
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snathan
08-18 05:21 PM
Hi All,
I am on H1B from 1998, 12th year and counting.
I applied for my labour 2 times but unfortunately because of different reasons those labor processings could not continue. 3rd time I could use a substitute labor (priority date Oct 2003) which is an EB3 labor certificate in 2005. I applied for I-140 and got approved in 2005.
I applied for I-485 in July 2007 when USCIS opened the gates. My 485 is pending. I got EAD. I am still continuing my H1B status with my new employer.
I am not working for the company that processed my GC. Recently I got an RFE like everyone else about my current employment and responded with the support of my current employer.
I think that the dates for EB3 will not move any further in any near future.
My question is, can I in any way convert my case from EB3 to EB2. If yes, what would be the process.
Please advice.
Thanks in Advance.
Unfortunately there is no direct way to convert. You may try to find new job with EB2 requirement or try in your company itself if the they have any job opening different from your current job (requirement). You need to start from the PERM and use the PD. Thats the only way. I am not sure if you can do this as your's is substitude.
I am on H1B from 1998, 12th year and counting.
I applied for my labour 2 times but unfortunately because of different reasons those labor processings could not continue. 3rd time I could use a substitute labor (priority date Oct 2003) which is an EB3 labor certificate in 2005. I applied for I-140 and got approved in 2005.
I applied for I-485 in July 2007 when USCIS opened the gates. My 485 is pending. I got EAD. I am still continuing my H1B status with my new employer.
I am not working for the company that processed my GC. Recently I got an RFE like everyone else about my current employment and responded with the support of my current employer.
I think that the dates for EB3 will not move any further in any near future.
My question is, can I in any way convert my case from EB3 to EB2. If yes, what would be the process.
Please advice.
Thanks in Advance.
Unfortunately there is no direct way to convert. You may try to find new job with EB2 requirement or try in your company itself if the they have any job opening different from your current job (requirement). You need to start from the PERM and use the PD. Thats the only way. I am not sure if you can do this as your's is substitude.
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r2i2009
10-14 07:50 PM
Fu**ed up. I guess this is a waiting game. I do not think it is worth it. Is it?
D
D
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ivuser
02-19 01:15 PM
Based on one of the core member's request, I did the research and shared the information with IV members, so that when you get the GC, you could make informed decision.
Please be optimistic. You getting GC should not be a question of �if�, it should be a question of �when and how soon�.
REQUEST ::
Please support IV and make it happen soon.
Please be optimistic. You getting GC should not be a question of �if�, it should be a question of �when and how soon�.
REQUEST ::
Please support IV and make it happen soon.
more...
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pappu
09-20 10:30 AM
I just sent out an email blast to all my H1b and GC Holder friends. See the text as below. Please feel free to re-use/edit as appropriate and send emails to all your friends (GC Holder or H1B's and F1's)....
Don't worry there is no copyright for this text :)
---------------------------------------------------------------
Friends:
<<If you already have your Green Card, please forward this email to those who are stuck in the GC retrogression mess. >>>
However, if you are like me and are stuck in USCIS retrogression, then you surely want to become a member of "Immigration Voice (IV)".
IV has a team who is lobbying for you and me. The Membership is free. Currently, we only have 5851 members in IV, while almost 300,000 people are stuck in the retrogression. IV needs to show a large member base to communicate their voice to the Senators and Congressmen. If you don't stand up for it, who will??
So if you want something to happen within the US legislation/Immigration policies in the near future, please join hands with IV.
Remember, there is Power in Unity!!!
So please become a member at http://www.immigrationvoice.org/ Time is flying, please do not delay!
Thanks
great effort Final GC. Thanks
Don't worry there is no copyright for this text :)
---------------------------------------------------------------
Friends:
<<If you already have your Green Card, please forward this email to those who are stuck in the GC retrogression mess. >>>
However, if you are like me and are stuck in USCIS retrogression, then you surely want to become a member of "Immigration Voice (IV)".
IV has a team who is lobbying for you and me. The Membership is free. Currently, we only have 5851 members in IV, while almost 300,000 people are stuck in the retrogression. IV needs to show a large member base to communicate their voice to the Senators and Congressmen. If you don't stand up for it, who will??
So if you want something to happen within the US legislation/Immigration policies in the near future, please join hands with IV.
Remember, there is Power in Unity!!!
So please become a member at http://www.immigrationvoice.org/ Time is flying, please do not delay!
Thanks
great effort Final GC. Thanks
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manderson
03-27 01:03 PM
:eek: Source: Immigration-law,
Senator Durbin apparently going after Desi employers and Desi Outsourcing companies !
03/27/2007: Continuing Confusion in Immigration Reform Legislation
It is only one week that the immigrant community was elated by the introduction of a fantastic immigration reform bill (STRIVE) by Congressman Gutierrez in the House, but on the Senate side, there is a mess that is continously developing. We reported earlier that the two bipartisan leaders of Senator McCain and Senator Kennedy reportedly rifted their partnership. Now, another Senator is about to add confusion to this mess. News report indicates that Senator Durbin of Illinois may introduce within this week a legislation to put a block on the H-1B abuse and restrict the H-1B worker petitions. This move is totally shocking considering the fact that a rosy H-1B reform was just introduced as part of the STRIVE Act of 2007.
Reportedly, Senator Durbin will propose to make it mandatory that the employers engage in the recruitment of U.S. workers prior to filing a H-1B petition and file sworn statement in the form of attestation that they failed to locate a qualified U.S. worker as part of the H-1B petition. Currently, such attestation is mandated for the so-called H-1B dependent employers only. Additionally, the proposal reportedly would mandate the DOL's annual audit of the employers hiring 100 or more employees out of which 15% constitutes H-1B employees. Once such proposal is enacted, there will be substantial changes in the flow of foreign professional workers. At this time, H-1B visas lay a stepping stone for foreign professional workers to land in this country and to apply for permanent residence.
The late news that the FY 2008 H-1B cap may reach in one day on April 2, 2008 indeed raised a concern in the country as it can be taken as a pervasive abuse of this visa petitions by some employers. Part of the current clog in the employment-based immigrant visas for professional workers is arguably associated with the abuse of these visa petitions. Please stay tuned to this website for the development of this important news.
Senator Durbin apparently going after Desi employers and Desi Outsourcing companies !
03/27/2007: Continuing Confusion in Immigration Reform Legislation
It is only one week that the immigrant community was elated by the introduction of a fantastic immigration reform bill (STRIVE) by Congressman Gutierrez in the House, but on the Senate side, there is a mess that is continously developing. We reported earlier that the two bipartisan leaders of Senator McCain and Senator Kennedy reportedly rifted their partnership. Now, another Senator is about to add confusion to this mess. News report indicates that Senator Durbin of Illinois may introduce within this week a legislation to put a block on the H-1B abuse and restrict the H-1B worker petitions. This move is totally shocking considering the fact that a rosy H-1B reform was just introduced as part of the STRIVE Act of 2007.
Reportedly, Senator Durbin will propose to make it mandatory that the employers engage in the recruitment of U.S. workers prior to filing a H-1B petition and file sworn statement in the form of attestation that they failed to locate a qualified U.S. worker as part of the H-1B petition. Currently, such attestation is mandated for the so-called H-1B dependent employers only. Additionally, the proposal reportedly would mandate the DOL's annual audit of the employers hiring 100 or more employees out of which 15% constitutes H-1B employees. Once such proposal is enacted, there will be substantial changes in the flow of foreign professional workers. At this time, H-1B visas lay a stepping stone for foreign professional workers to land in this country and to apply for permanent residence.
The late news that the FY 2008 H-1B cap may reach in one day on April 2, 2008 indeed raised a concern in the country as it can be taken as a pervasive abuse of this visa petitions by some employers. Part of the current clog in the employment-based immigrant visas for professional workers is arguably associated with the abuse of these visa petitions. Please stay tuned to this website for the development of this important news.
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gc_chahiye
08-23 06:49 PM
What is Code 3 and Code 1 ? My Notice says Code 3
from:
http://www.immigrationportal.com/archive/index.php/t-191494.html
Code 1 is all 10 FP. This is electronically sent to FBI the same day, they run it to match thru their database to match it with criminals/persons of interest and send the results the same day (or the next) to USCIS. Code 1 is very important as it is part of your security/background check and determines admissibility for gc.
Code 2 (index+photo+sign) is for the generation of cards for immigration benefits e.g. EAD, gc etc. If you filed for EAD, you definitely need code 2 or the card can not be generated.
Code 3 is a combination of both, when USCIS wants to get a security check done on you as well as generate cards (EAD) for you.
Code 1 expires after 15 months e.g. FBI needs to check their database again. I have had two code 1. Code 2 is done everytime we apply for benefits (EAD- once a year).
from:
http://www.immigrationportal.com/archive/index.php/t-191494.html
Code 1 is all 10 FP. This is electronically sent to FBI the same day, they run it to match thru their database to match it with criminals/persons of interest and send the results the same day (or the next) to USCIS. Code 1 is very important as it is part of your security/background check and determines admissibility for gc.
Code 2 (index+photo+sign) is for the generation of cards for immigration benefits e.g. EAD, gc etc. If you filed for EAD, you definitely need code 2 or the card can not be generated.
Code 3 is a combination of both, when USCIS wants to get a security check done on you as well as generate cards (EAD) for you.
Code 1 expires after 15 months e.g. FBI needs to check their database again. I have had two code 1. Code 2 is done everytime we apply for benefits (EAD- once a year).
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NO_Free_Rider
07-10 10:19 PM
Murthy gave this link, about our flower power. Looks like she was selective about this news to avoid IV's name.
http://news.yahoo.com/s/nm/20070710/pl_nm/usa_immigration_indians_dc_1
Even this yahoo link had our name though the name is not entirely correct!
http://in.news.yahoo.com/070710/48/6hwnn.html
Mathew Oh & Greg Siskind are all full praise of us!
http://murthy.com/ailf_lawsuit.html
http://news.yahoo.com/s/nm/20070710/pl_nm/usa_immigration_indians_dc_1
Even this yahoo link had our name though the name is not entirely correct!
http://in.news.yahoo.com/070710/48/6hwnn.html
Mathew Oh & Greg Siskind are all full praise of us!
http://murthy.com/ailf_lawsuit.html
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SkilledWorker4GC
05-30 03:19 PM
It's all about money my friends. Legal are already paying taxes. What they want is all these 12 million people to pay taxes too. Once these ppl come forward and apply for legal visa they will be backloged and will keep paying fees and taxes. After 20 years another cycle.
Nothing is going to happen for legal. All efforts r waste.
Nothing is going to happen for legal. All efforts r waste.
masti_Gai
10-06 01:55 PM
tell him u need a copy of ur 140 he might mail u a scanned copy of the same. Then switch the company using this 140.
i know its a dumb idea.:rolleyes:
but u have to take a chance.;)
if ur employer is pissed off he might revoke ur 140 :eek: :eek:
i know its a dumb idea.:rolleyes:
but u have to take a chance.;)
if ur employer is pissed off he might revoke ur 140 :eek: :eek:
lazycis
12-15 02:50 PM
AC21 cannot be used before 180 days. Also the employer may be upset if you take a vacation and do not return. Why not give two-week notice and quit normally? Plus, the new job is contract to hire. To use AC21, the new employment offer has to be permanent, IMHO. Programmer analyst to DBA may not be a big issue. You have to try to make sure your previous employer will not withdraw I-140.
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