90210
05-03 06:51 PM
Gurus,
I just received my EAD now. Though I am a 485 july filer, applied for EAD only in January.
My 6 th year H1 will come to end in Oct. Because 180 days since 485 filing is over, I want to use AC21 and change the Employer now, and I am thinking why to go again for H1. I have the EAD, and why not use it, though I will be joining another desi employer.
Does it seem the right thing to do? But everyine else I know changing the employer but again going for H1. Then why at all we have EAD.
I understand that if GC is rejected, and if we are on H1, we don't have to leave. But if GC is rejected, I really don't care. Even if I get the GC, I want to go to Mera Bharath Mahaan.
1. What are your thoughts on this?
2. One thing I am still not clear on is: If EAD renewal is delayed next year, and if I don't receive the approval in time (i.e. before the expiry of my current EAD) will I be out of status because no H1 and no EAD?
3. I am thinking there is no waiting period of 180 days etc from the EAD approval date to join another employer. Please correct me if this wrong.
4. If I use EAD, what is the status of my family without H4?
I just received my EAD now. Though I am a 485 july filer, applied for EAD only in January.
My 6 th year H1 will come to end in Oct. Because 180 days since 485 filing is over, I want to use AC21 and change the Employer now, and I am thinking why to go again for H1. I have the EAD, and why not use it, though I will be joining another desi employer.
Does it seem the right thing to do? But everyine else I know changing the employer but again going for H1. Then why at all we have EAD.
I understand that if GC is rejected, and if we are on H1, we don't have to leave. But if GC is rejected, I really don't care. Even if I get the GC, I want to go to Mera Bharath Mahaan.
1. What are your thoughts on this?
2. One thing I am still not clear on is: If EAD renewal is delayed next year, and if I don't receive the approval in time (i.e. before the expiry of my current EAD) will I be out of status because no H1 and no EAD?
3. I am thinking there is no waiting period of 180 days etc from the EAD approval date to join another employer. Please correct me if this wrong.
4. If I use EAD, what is the status of my family without H4?
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gtg506p
01-07 10:24 AM
Had a quick question. Not sure if this has been discussed before. Planning to get wife here on H4 and she wants to study. I have applied for 485 and in retro now. Is it advisable to study on H4 or F1? I know she can work on F1 but would that not be advisable since lets say the VB does become current in future for me then filing her 485 might be a problem since F1 is pure non immigrant and USCIS might hold it againt her. Any info/simlar situations greatly appreciated.
Thanks
Amar
Thanks
Amar
Eberth
10-13 11:35 PM
that sounds great, but where can i find dog sounds (flashkit only has 1)??
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sounakc
03-22 09:41 AM
thanks guys...
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gccovet
11-21 01:54 PM
few days ago, I tried to extend H4 visa for my spouse but I heard through one of the lawyer in the firm that once H4 visa holder used EAD, H4 becames invalid unless you enter again in POE using H4, we cant apply for H4 extension as the current status is AOS. But we are still exploring it.
I checked in H4 extension form I-539, they ask:
1. current immigration status?
2. whether you want to extend current status or change of status?
But my spouse is working so if we say change status to H4 from AOS then not sure whether she can use immediately EAD to work? I opened a thread regarding this.
Anybody experienced the same issue as above? Thanks.
Once your spouse started to use EAD (Work), spouse is no longer on H4 status and H4 status expires. You can reapply for H4 as long as primary applicant is still on H1. Once H4 is applied and i-797 issued, spouse had to go for stamping for h4 and reenter to be again in H4 status.
GCCovet.
I checked in H4 extension form I-539, they ask:
1. current immigration status?
2. whether you want to extend current status or change of status?
But my spouse is working so if we say change status to H4 from AOS then not sure whether she can use immediately EAD to work? I opened a thread regarding this.
Anybody experienced the same issue as above? Thanks.
Once your spouse started to use EAD (Work), spouse is no longer on H4 status and H4 status expires. You can reapply for H4 as long as primary applicant is still on H1. Once H4 is applied and i-797 issued, spouse had to go for stamping for h4 and reenter to be again in H4 status.
GCCovet.
dallasanalog
03-22 02:48 PM
Hi,
I have AOS and was recently laid off from my job. As I haven't found another job by the removal-from-payroll deadline, my H1B will expire. My question is, once I get my EAD, can I apply for a new H1B. The motivation is that I can bring a spouse over on a dependant visa only on H1B but not on AOS. How should I work this out?
Thanks
I have AOS and was recently laid off from my job. As I haven't found another job by the removal-from-payroll deadline, my H1B will expire. My question is, once I get my EAD, can I apply for a new H1B. The motivation is that I can bring a spouse over on a dependant visa only on H1B but not on AOS. How should I work this out?
Thanks
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PirahnaTM
03-30 04:43 AM
Nice!
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ujjvalkoul
07-06 10:23 AM
Please suggest on this I-140 RFE by USCIS:
Here is what USCIS states:
Your Petition indicates that you r applying for Professional with Advanced Degree or exceptional Ability . According to ETA 9089 submitted with ur peition the min reeqmnts you are wiling to accept are less than MS degreee. Part H of ETA 9089 indicates employer will accept BS + 72 months of Exp.
Advanced Deg is defined by US academic of Proff or a Foreign equivalent above BS. In the alternative US BS or a foriegn equiv degree followed by at least five years of progressive experience in the speciality shall be considered equiv to MS degree. ETA 9089 did not allow for any alternative combination of Education and Experience that is acceptable.
There is no other definition of Advanced Degree. Service therefore finds that the certified ETA 9089 does not support the filing of I-140 in teh requested classification. You are therefor afforded this chance to amend yout I-140.
================================================== ======
My lawyer has send back info that BS + 5 qualifies for EB2 (which USCIS agrees to in their explaination above). However, i believe my Degrees and Exp Letters provided already prove that. I am woried that USCIS may be asking for something else here. Looks like they simply failed to interpret that 72 months = 6 years.
Here is what USCIS states:
Your Petition indicates that you r applying for Professional with Advanced Degree or exceptional Ability . According to ETA 9089 submitted with ur peition the min reeqmnts you are wiling to accept are less than MS degreee. Part H of ETA 9089 indicates employer will accept BS + 72 months of Exp.
Advanced Deg is defined by US academic of Proff or a Foreign equivalent above BS. In the alternative US BS or a foriegn equiv degree followed by at least five years of progressive experience in the speciality shall be considered equiv to MS degree. ETA 9089 did not allow for any alternative combination of Education and Experience that is acceptable.
There is no other definition of Advanced Degree. Service therefore finds that the certified ETA 9089 does not support the filing of I-140 in teh requested classification. You are therefor afforded this chance to amend yout I-140.
================================================== ======
My lawyer has send back info that BS + 5 qualifies for EB2 (which USCIS agrees to in their explaination above). However, i believe my Degrees and Exp Letters provided already prove that. I am woried that USCIS may be asking for something else here. Looks like they simply failed to interpret that 72 months = 6 years.
more...
imhere
06-11 12:28 PM
Hi,
I am not sure that you can help me in this or not, but I see you are pretty aware of the program I wants to ask about �MAVNI.�.
� I am on H1B (exp- 2011) Wife/Son h4(Exp-2011)
� Joining MAVNI Sep 2009.
� F1 to H1 (Stamping Pending yet)
I have couple simple questions if you can help me to give answer.
1.As I will be in army training and they will adjust my status, but what will happen to my wife/son if they will be USA and their H4 want work as I want be no more on H1. And what will be their status during this time.
2.What if I send them back to my origin country and after coming back from training/naturalization how much time you see it may take? Do you see any difficulty reentering them? What will be their status, once they reenter?
About my background, none of us has any single criminal history except couple speeding ticket. :)
I appreciate if you can through some light in this, which will help me to take faster decision for their accommodation and all.
Thankful to you.
I am not sure that you can help me in this or not, but I see you are pretty aware of the program I wants to ask about �MAVNI.�.
� I am on H1B (exp- 2011) Wife/Son h4(Exp-2011)
� Joining MAVNI Sep 2009.
� F1 to H1 (Stamping Pending yet)
I have couple simple questions if you can help me to give answer.
1.As I will be in army training and they will adjust my status, but what will happen to my wife/son if they will be USA and their H4 want work as I want be no more on H1. And what will be their status during this time.
2.What if I send them back to my origin country and after coming back from training/naturalization how much time you see it may take? Do you see any difficulty reentering them? What will be their status, once they reenter?
About my background, none of us has any single criminal history except couple speeding ticket. :)
I appreciate if you can through some light in this, which will help me to take faster decision for their accommodation and all.
Thankful to you.
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mirage
01-03 01:51 PM
Guys,
I have my I-140 approved. My wife is filling I-539 form for extension of stay. I just want to make sure from you guys, in the form where it says 'Are you an applicant of an immigrant visa' she has to say 'No'. As I am guessing until I-485 is filed, our answer to this question is always 'No'.
Thanks
I have my I-140 approved. My wife is filling I-539 form for extension of stay. I just want to make sure from you guys, in the form where it says 'Are you an applicant of an immigrant visa' she has to say 'No'. As I am guessing until I-485 is filed, our answer to this question is always 'No'.
Thanks
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InTheMoment
07-15 12:31 PM
And there were two people last month here who had theirs brought down to EB3 from EB2 (inspite of having an I-140 notice that said EB2)! Got them more than a month to rectify that.
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STAmisha
02-25 09:41 AM
I graduated in MS (I'm on H4 currently) recently.My previous degree is from India (passed out BCOM in 1999). I dont have any IT experience.
I'm talking with couple of companies about getting a H1. What documents I need to show for H1 for USCIS? Do I need to show any experience to USCIS?
Please reply
I'm talking with couple of companies about getting a H1. What documents I need to show for H1 for USCIS? Do I need to show any experience to USCIS?
Please reply
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binadh
01-14 02:06 PM
yes, 485 processing and 140 processing is different. They are joined thread, So they will not approve 485 until your 140 is approved.
Thanks Marphad. BTW, do you have any idea what could they possibly ask for 485. I provided everything they've asked for when I first filed the case. If not, I guess I'll find out in a few days.....
Thanks Marphad. BTW, do you have any idea what could they possibly ask for 485. I provided everything they've asked for when I first filed the case. If not, I guess I'll find out in a few days.....
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handless
04-23 07:01 AM
cool, yeah sorry bout the first one, wasnt really clear on the definition of nothing crazy... my bad, but yeah im glad you like the other two.
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![funny costumes. Funny Costumes [2]](https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiTHRpSbHzWaoL1IfIfjUB94Png34BIh3CnP8VHavJ-zXemwfXvdl3EUpJE1rwCtpPTcqT9dHtBX0aqJNCV_V8aXgVRZI9Kych30l0sNpllH0TA3TRRwG7C-8311bn8FfHgWkd3DzdiCo0/s400/flickzzz.com+funny+costumes+068-715005.jpg "Funny Costumes [2]")
N_She
05-23 08:25 PM
Hi All
I think it is for EB based green card, but not for family based.
I think it is for EB based green card, but not for family based.
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walking_dude
07-25 11:58 AM
I travelled on mine 3 months after it was issued ( delay in getting wife's visa). I was questioned at the airport about the delay in travel. Explained the delay and got entry. It may be possible that they may like to speak to your immediate boss (carry his office and cell numbers)
I think (my opinion) that Visas remains valid as long as the job offer, with the same company, is valid.
I think (my opinion) that Visas remains valid as long as the job offer, with the same company, is valid.
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toronto1999
08-12 11:56 AM
I can't find, can you give a link? Thanks!
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kirupa
04-29 03:14 PM
Really nice stamps! Added them up :)
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swarnapuri
09-12 11:24 AM
Check this forum for similar info...
http://www.immigrationportal.com/showthread.php?t=161571&page=260&pp=15
http://www.immigrationportal.com/showthread.php?t=161571&page=260&pp=15
jagadeesh
12-13 04:49 PM
Hi All,
Currently iam working for a X company and i do have 2 layers(A,B) to my end client Y. My company got agreement with company A and A got agreement with B. Now, my client (Y)wants me on full time.I have signed non-compete with my employer that i will not join his clients.But Y is no way a client to my employer. Will there be any issue if i join with Y?
Any replies is highly appreciated.
Currently iam working for a X company and i do have 2 layers(A,B) to my end client Y. My company got agreement with company A and A got agreement with B. Now, my client (Y)wants me on full time.I have signed non-compete with my employer that i will not join his clients.But Y is no way a client to my employer. Will there be any issue if i join with Y?
Any replies is highly appreciated.
jijiewang
01-24 01:42 AM
Hi,
Last year my husband got laid off. At that time he was on H1 visa, 140 approved and 485 pending. He applied and got AP, and then left U.S in March 2009. AP is valid until March 02, 2010.
Now he wants to get back to U.S. and try his luck finding a job before AP expires.
My question is what are his chances to be able to get in U.S considering
1)He has stayed outside of U.S for about 11 months.
2)He is not employed by any U.S company.
Thanks.
Jijie
Last year my husband got laid off. At that time he was on H1 visa, 140 approved and 485 pending. He applied and got AP, and then left U.S in March 2009. AP is valid until March 02, 2010.
Now he wants to get back to U.S. and try his luck finding a job before AP expires.
My question is what are his chances to be able to get in U.S considering
1)He has stayed outside of U.S for about 11 months.
2)He is not employed by any U.S company.
Thanks.
Jijie
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