vkannan
10-14 11:14 PM
Hi
I'm on h1 and also have an EAD
My current job is on my h1. And I have an EAD, but never used it.
Question: Can I work pat time on my EAD and still retain my h1.
Any pros and cons?
Thanks
Tejal
Dude, this is grey area, One thought is, Once EAD is used for 2nd job fulltime /parttime you lose your H1 status and there is other thought if you stay with your GC sponsoring employer and retain the full-time job you should be fine retaining your H1 status and ofcourse you can use EAD for your P/T job.
And hey this is not it there is one more thought going around, If your last entry is through H1b you still are in H1 status even after using EAD for your 2nd Job.
Fact of the matter, nobody is sure about which thought is correct.
I'm on h1 and also have an EAD
My current job is on my h1. And I have an EAD, but never used it.
Question: Can I work pat time on my EAD and still retain my h1.
Any pros and cons?
Thanks
Tejal
Dude, this is grey area, One thought is, Once EAD is used for 2nd job fulltime /parttime you lose your H1 status and there is other thought if you stay with your GC sponsoring employer and retain the full-time job you should be fine retaining your H1 status and ofcourse you can use EAD for your P/T job.
And hey this is not it there is one more thought going around, If your last entry is through H1b you still are in H1 status even after using EAD for your 2nd Job.
Fact of the matter, nobody is sure about which thought is correct.
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marty
01-09 12:50 PM
Are you just trying to get people to click somewhere so that it generates ads revenue for you. The links you provided only open up windows that shows ads. I think you are a thug because don't have correct profile here, at the same time you are using some other webiste to track your GC to generate revenue for someone else, and now you are trying to lure people to visit that site. I think your are phony because your ways are suspicious. I will not do what you are saying.
.
I have already mentioned that I don't have correct dates in my profile and I will update it. I tried to post the attachment here but it was not letting me do that so I had to upload it on a free hosting site. For your information, I made post here for the good of IV people. How come I "generate revenue" from something that I don't even own, sir?
.
I have already mentioned that I don't have correct dates in my profile and I will update it. I tried to post the attachment here but it was not letting me do that so I had to upload it on a free hosting site. For your information, I made post here for the good of IV people. How come I "generate revenue" from something that I don't even own, sir?
ganguteli
02-27 01:42 PM
IMO, you should spend the money yourself instead of depending on the company for GC expenses...
Why are you worried about the money? Go hire a lawyer and get your GC process started, asking your manager/HR just for the paperwork support. That way it is easier for you and easier for them too...IMO, Asking the company to bear the expenses for GC is too much, especially in this economy.
As far as H1 is concerned, I guess you need to be in constant touch with your manager and press the issue till she talks to the immigration people and move from there. Talk to your supervisor and ask his help to move the paperwork faster. May be he/she can in turn talk to the HR person to speed things up, without the baloney you are hearing from HR. Also, talk to the lawyer and offer your HR manager that the lawyer can speak to her directly about the issue to speed up things...
In the meantime, keep your options open and look for another job so that you can transfer your H1 and start fresh...Hopefully if this option works, don't make the mistake of waiting for HR to start your GC process...Just be proactive and do it on your own...
Why are you giving illegal advice on the forum.
GC and H1 is employer application and employer should pay for it. It is the law.
Why are you worried about the money? Go hire a lawyer and get your GC process started, asking your manager/HR just for the paperwork support. That way it is easier for you and easier for them too...IMO, Asking the company to bear the expenses for GC is too much, especially in this economy.
As far as H1 is concerned, I guess you need to be in constant touch with your manager and press the issue till she talks to the immigration people and move from there. Talk to your supervisor and ask his help to move the paperwork faster. May be he/she can in turn talk to the HR person to speed things up, without the baloney you are hearing from HR. Also, talk to the lawyer and offer your HR manager that the lawyer can speak to her directly about the issue to speed up things...
In the meantime, keep your options open and look for another job so that you can transfer your H1 and start fresh...Hopefully if this option works, don't make the mistake of waiting for HR to start your GC process...Just be proactive and do it on your own...
Why are you giving illegal advice on the forum.
GC and H1 is employer application and employer should pay for it. It is the law.
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katewill
08-18 01:51 PM
maybe traditional 140 go back in line? likewise how PERM caused BEC?
more...
j751
07-05 09:46 PM
Friends, I would like to know if I change job after I-140 & I-485 approval, do I still need to notify USCIS about AC-21. Also, will it require my new employer to provide a letter of job duties to confirm that the new job is either same or similar to the old one.
Thanks
Thanks
waitin_toolong
09-17 10:52 AM
I dont understand your first question, what do yo mean be switch to company A using EAD as well as on H1 for B.
you cannot use both H1 or EAD at the same time.
If company A is dying then it might be better to switch with the understanding that I-140 will not be revoked but if an RFE arises then someone will be able to provide docs etc.
As for H1 renewal you cannot pay yourself maybe an equivalent reduction in salary might work
you cannot use both H1 or EAD at the same time.
If company A is dying then it might be better to switch with the understanding that I-140 will not be revoked but if an RFE arises then someone will be able to provide docs etc.
As for H1 renewal you cannot pay yourself maybe an equivalent reduction in salary might work
more...
shreekhand
12-08 05:40 PM
First off, you are in no way required to be there for 6 months. Secondly, you are not paid and have a GC, for God's sake...just move on and earn.
Thirdly, you can ask them to lay you off, at least you would get Unemployment Insurance Benefit (remember this has nothing to do with any Naturalization or state burden issues.)
How long would you stay in fear ???
Thirdly, you can ask them to lay you off, at least you would get Unemployment Insurance Benefit (remember this has nothing to do with any Naturalization or state burden issues.)
How long would you stay in fear ???
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santa123
07-22 07:40 PM
I have an appointment on August 11th in chennai consulate and I am flying tomorrow to India to submit my documents to VFS.
Can any one tell when will the visa number assigned to the CP case?
The reason I am asking is because I am little worried if the date gets moved back after 1st week of august (From last year July fiasco experience) or some thing and I will be in India already, then I will be in big trouble.
Any insight would be appreciated.
I am curious to know why you opted for CP, since you are already present in the US. I am in a dilemma wrt CP or AOS. Thanks!
Can any one tell when will the visa number assigned to the CP case?
The reason I am asking is because I am little worried if the date gets moved back after 1st week of august (From last year July fiasco experience) or some thing and I will be in India already, then I will be in big trouble.
Any insight would be appreciated.
I am curious to know why you opted for CP, since you are already present in the US. I am in a dilemma wrt CP or AOS. Thanks!
more...
ilikekilo
04-17 04:11 PM
bbct & vin13,
Thanks for all your feedback.
I explored civil surgeon in India option. Didnt work out. Panel physicians in India do medicals for FB AOS. Civil surgeons in US do medicals for EB AOS.
It can not be interchanged since the forms and procedures are different.
Everyone I asked say gambling against USCIS is like playing with fire. I don't want to jeopardize my wife's pending I-485.
We should have done her TB test before trip. That is a mistake I did and now paying a price. Another Lesson learned!
-GCisaDawg
Sorry looks like it didnt work out for you..
Thanks for all your feedback.
I explored civil surgeon in India option. Didnt work out. Panel physicians in India do medicals for FB AOS. Civil surgeons in US do medicals for EB AOS.
It can not be interchanged since the forms and procedures are different.
Everyone I asked say gambling against USCIS is like playing with fire. I don't want to jeopardize my wife's pending I-485.
We should have done her TB test before trip. That is a mistake I did and now paying a price. Another Lesson learned!
-GCisaDawg
Sorry looks like it didnt work out for you..
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shivarajan
08-14 08:14 PM
USCIS is considering to "permit pre-filing of I-485 applications upon approval of I-140 petitions for preadjudication of the I-485 applications pending immigrant visa number availability."
News From The Oh Law Firm Site: Link (http://www.immigration-law.com/Canada.html)
Possible good news for folks who missed 07' July Fiasco and still waiting to file I-485
News From The Oh Law Firm Site: Link (http://www.immigration-law.com/Canada.html)
Possible good news for folks who missed 07' July Fiasco and still waiting to file I-485
more...
div_bell_2003
03-04 08:09 PM
Interesting link, thanks for posting :) , if this is true , how come IO's come up with blank when asked if the namecheck has been cleared or not ? This might actually be good news , according to the memo, they are going to clear out 98% of the namecheck cases pending more than 30 days, that's pretty amazing ( as they declare too at the end of the memo :D)
It could be because there are no lnger any cases left with namechecks pending more than 180 days. See link http://www.uscis.gov/files/article/Namecheck_4Mar09.pdf
It could be because there are no lnger any cases left with namechecks pending more than 180 days. See link http://www.uscis.gov/files/article/Namecheck_4Mar09.pdf
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needhelpASAP
04-25 06:04 PM
Hi, I have a rather unique case. Any help will be greatly appreciated. Below are my details:
While on OPT, I accepted an offer from a company in January. They agreed to sponsor me.
My H1B was processed with premium processing fee.
H1B approved on 04/20/2008. (But it will be effective n October 1st)
I was laid-off on 04/23/2008 (But will receive payment till 04/25/2008)
Am i out of status?
(Technically I was working on OPT; did that change once my application was approved?)
Am i still eligible for employment? (I have my OPT till 06/22)
Can another company apply for another H1B petition for me OPT expires?
(will expire on 06/22/2008) How long do I have to find another employer?
Thanks in advance!
While on OPT, I accepted an offer from a company in January. They agreed to sponsor me.
My H1B was processed with premium processing fee.
H1B approved on 04/20/2008. (But it will be effective n October 1st)
I was laid-off on 04/23/2008 (But will receive payment till 04/25/2008)
Am i out of status?
(Technically I was working on OPT; did that change once my application was approved?)
Am i still eligible for employment? (I have my OPT till 06/22)
Can another company apply for another H1B petition for me OPT expires?
(will expire on 06/22/2008) How long do I have to find another employer?
Thanks in advance!
more...
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RDB
12-21 11:03 AM
A1. Yes, they will interview you together.
A2. It is NOT advisable to take the immigration attorney with you IF your case is clear, i.e. no out of status etc. When we went for the interview, the officer clearly told us that you did good by not having an attorney - they get annoyed by them :). As soon as he realized that we didn't have anybody representing us, he was way more relaxed than with other people who had representation.
A3. Yes, they can and will approve on the spot if they are satisfied with your answers!
A4. Yes, they can stamp the passport if they approve it - in my case, they approved it but couldn't stamp the passport because my PD was not current. He said, you will get the card as soon as your PD becomes current.
Just relax and take all the necessary documentation with you - and be absolutely confident in your answers. Oh, and btw, I was also promoted when we went for the interview and that doesn't make any difference - as long as you are employed (same company is better).
Hope this helps.
Hello Everybody,
My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,
Couple of questions -
Will they interview my wife & I together ?
Is it advisable to take the immigration attorney with us for the interview.?
Can the IO approve the case on the spot.?
Can IO stamp the passport since my PD is current.?
If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.
Thanks!
Ritesh
A2. It is NOT advisable to take the immigration attorney with you IF your case is clear, i.e. no out of status etc. When we went for the interview, the officer clearly told us that you did good by not having an attorney - they get annoyed by them :). As soon as he realized that we didn't have anybody representing us, he was way more relaxed than with other people who had representation.
A3. Yes, they can and will approve on the spot if they are satisfied with your answers!
A4. Yes, they can stamp the passport if they approve it - in my case, they approved it but couldn't stamp the passport because my PD was not current. He said, you will get the card as soon as your PD becomes current.
Just relax and take all the necessary documentation with you - and be absolutely confident in your answers. Oh, and btw, I was also promoted when we went for the interview and that doesn't make any difference - as long as you are employed (same company is better).
Hope this helps.
Hello Everybody,
My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,
Couple of questions -
Will they interview my wife & I together ?
Is it advisable to take the immigration attorney with us for the interview.?
Can the IO approve the case on the spot.?
Can IO stamp the passport since my PD is current.?
If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.
Thanks!
Ritesh
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martinvisalaw
06-26 05:18 PM
My I-94 is expiring in a month. I have used Advance parole to enter US after a vacation about a year back. How do I renew my I-94 card? Does anybody know...
Even though you entered using AP, you might be able to extend your nonimmigrant status. As the prior answer says, this is not necessary but many employees like to have it in case the AOS is denied for any reason.
It is also useful because if your EAD expires and you have not received a new one, you cannot work even if a new application is pending. On the other hand, if your H-1B (for example) has expired but the company timely filed an extension, you can keep working while the extension is pending.
Even though you entered using AP, you might be able to extend your nonimmigrant status. As the prior answer says, this is not necessary but many employees like to have it in case the AOS is denied for any reason.
It is also useful because if your EAD expires and you have not received a new one, you cannot work even if a new application is pending. On the other hand, if your H-1B (for example) has expired but the company timely filed an extension, you can keep working while the extension is pending.
more...
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fromnaija
07-10 02:12 PM
I chanced upon this c-span program on Saturday and called in to ask Rep Ed Royce about legal migrants. Listen to my question in the last two minutes of the broadcast.
http://www.c-span.org/VideoArchives.asp?CatCodePairs=,&ArchiveDays=100&Page=2
Rep. Ed Royce (R-CA), International Relations Cmte., Member, discusses two field hearings he chaired this week on Border Vulnerabilities and International Terrorism.
http://www.c-span.org/VideoArchives.asp?CatCodePairs=,&ArchiveDays=100&Page=2
http://www.c-span.org/VideoArchives.asp?CatCodePairs=,&ArchiveDays=100&Page=2
Rep. Ed Royce (R-CA), International Relations Cmte., Member, discusses two field hearings he chaired this week on Border Vulnerabilities and International Terrorism.
http://www.c-span.org/VideoArchives.asp?CatCodePairs=,&ArchiveDays=100&Page=2
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aguy
01-05 10:52 AM
Can I use AVR even if I am on my 8th year of H1B (because of an approved I140, waiting for I485 to become current)?
more...
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glus
11-06 03:47 PM
glus, Since she now has an approved I140, she is eligible for a 3 year H1 extension, provided her PD is not current. She need not be continuously be on H1 to be eligible for applying H1 for the 7th year.
Once you get the H1 paper, you would have to enter the US, so that the status changes from "Adjustee" to "admitted" i.e., H1 status...or, if the H-1B paper come with the I-94 stub, you need not travel out and get it.
OK, thank you. Has anyone done this? Going from AOS to H-1B? I mean, getting into H1 status w/o leaving the U.S.?
Once you get the H1 paper, you would have to enter the US, so that the status changes from "Adjustee" to "admitted" i.e., H1 status...or, if the H-1B paper come with the I-94 stub, you need not travel out and get it.
OK, thank you. Has anyone done this? Going from AOS to H-1B? I mean, getting into H1 status w/o leaving the U.S.?
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j751
07-17 03:19 PM
Karanp25 I know where you come from...and honestly seems like you've got a worm up your axx... You deserve to get laid on a block of ice and get your axx whipped....
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new2gc
03-04 10:38 PM
You really deserve a big vacation.... Have fun!!!!
Better_Days
03-03 02:30 PM
Now that all the aspiring *highly skilled* and *educated* immigrants are done bashing each other on whatever ethnic\religious\cultural issue is in vogue these days, here is what the new rule says:
USCIS will no longer automatically approve an I-485 if the background check has been pending for more than 180 days. Instead, if the check has been pending for 150 days, adjudicator will contact a designated person at the HQ who will then contact FBI to determine the reason for delay. The designated contact will then provide guidance to the adjudicator on whether the specific case should be approved or not.
Some may argue that we should give them the benefit of doubt. But after dealing with the incompetence of these folks for the last 10 years, I am a bit leery. Right on the surface, it seems that there are two choke points in the process: the designated contact at USCIS and the FBI. After a while, the designated office may start publishing dates saying that they are currently handling cases forwarded to them before MM/DD/YYYY or that the cases has been forwarded to FBI who is currently working on cases forwarded to them in MM1/DD1/YYYY1.
We may not be back to square one, but we may be half way there.
Best of luck to all
USCIS will no longer automatically approve an I-485 if the background check has been pending for more than 180 days. Instead, if the check has been pending for 150 days, adjudicator will contact a designated person at the HQ who will then contact FBI to determine the reason for delay. The designated contact will then provide guidance to the adjudicator on whether the specific case should be approved or not.
Some may argue that we should give them the benefit of doubt. But after dealing with the incompetence of these folks for the last 10 years, I am a bit leery. Right on the surface, it seems that there are two choke points in the process: the designated contact at USCIS and the FBI. After a while, the designated office may start publishing dates saying that they are currently handling cases forwarded to them before MM/DD/YYYY or that the cases has been forwarded to FBI who is currently working on cases forwarded to them in MM1/DD1/YYYY1.
We may not be back to square one, but we may be half way there.
Best of luck to all
loveiv
06-18 05:11 PM
someone please explain me how complete agreement works. I am working for the client through the main vendor who has a noncompete agreement with my employer (This is signed by my employer, not me). Now I am planning to leave my employer but the client is interested keeping me in the project through another vendor. Can someone explain me if it is possible?
Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant
This is exactly what I did in the past and my desi employer could not do anything because I never signed anywhere, it was between him and the vendor.
I think you should be fine.
Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant
This is exactly what I did in the past and my desi employer could not do anything because I never signed anywhere, it was between him and the vendor.
I think you should be fine.
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