gc_chahiye
08-15 12:09 AM
Hi Gurus
I have applied I-485 for me and my spouse. I did not apply for EAD as my H1B is valid until Nov 2009 and visa is stamped untill June 2008. My wife is also on H1B, stamping valid until April 2009. I heard that if I apply for EAD the immigration officer at port of entry might ask advance parol where as if I continue to use my H1B I can travel anytime without any problem
here is the question - should I apply EAD & Advance parol before 17th to take advantage of old fees structure? or wait for the I -485 receipt or DO not apply untill my H1B is valid?
thanks in advance
Just because you applied for EAD does not mean that you need to enter on AP. You can still come back on your H1 stamp.
its your personal decision based on your own goals/needs. If you intend to take up multiple jobs or your spouse wishes to work in a non-H1B type position, or stop working and then start working again without worrying about change of status (H1->H4->H1) then applying for EAD+AP would be helpful.
If you want to maintain a backup, you can still apply (an approved EAD does not change your status, you need to actively use it). Applying after you get the receipt might be better (since USCIS can easily tie your case together).
I have applied I-485 for me and my spouse. I did not apply for EAD as my H1B is valid until Nov 2009 and visa is stamped untill June 2008. My wife is also on H1B, stamping valid until April 2009. I heard that if I apply for EAD the immigration officer at port of entry might ask advance parol where as if I continue to use my H1B I can travel anytime without any problem
here is the question - should I apply EAD & Advance parol before 17th to take advantage of old fees structure? or wait for the I -485 receipt or DO not apply untill my H1B is valid?
thanks in advance
Just because you applied for EAD does not mean that you need to enter on AP. You can still come back on your H1 stamp.
its your personal decision based on your own goals/needs. If you intend to take up multiple jobs or your spouse wishes to work in a non-H1B type position, or stop working and then start working again without worrying about change of status (H1->H4->H1) then applying for EAD+AP would be helpful.
If you want to maintain a backup, you can still apply (an approved EAD does not change your status, you need to actively use it). Applying after you get the receipt might be better (since USCIS can easily tie your case together).
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diptam
05-08 09:53 PM
That's the point.
I was denied ever $1 stimulus payment for 1 joint filer (spouse) being ITIN holder and from the way things are going it would not happen by 2008 either. If not $1500 why they denied even $1500- $600(for the ITIN filer) = $900 ? Why shouldn't i get at least $900 ....??
I wrote to her around 9:30 EST - dont know if she is done by now. I have given my cell phone number as well in the email. I can write and talk as much as possible against this 'ridiculuous' and 'unfair' mandate/rule :mad:
And what about immigrants who have paid taxes for many years but may not be able to get SSN by the end of 2008. That's the whole point. The issue is with the way eligibility for stimulus package is defined.
If you qualify for stimulus check, it doesn't mean that there is no issue. Hope you understand.
I was denied ever $1 stimulus payment for 1 joint filer (spouse) being ITIN holder and from the way things are going it would not happen by 2008 either. If not $1500 why they denied even $1500- $600(for the ITIN filer) = $900 ? Why shouldn't i get at least $900 ....??
I wrote to her around 9:30 EST - dont know if she is done by now. I have given my cell phone number as well in the email. I can write and talk as much as possible against this 'ridiculuous' and 'unfair' mandate/rule :mad:
And what about immigrants who have paid taxes for many years but may not be able to get SSN by the end of 2008. That's the whole point. The issue is with the way eligibility for stimulus package is defined.
If you qualify for stimulus check, it doesn't mean that there is no issue. Hope you understand.
canleo98
01-11 02:29 PM
As per my understanding, extension will be given if and only if :
Either Labor is pending for more than 365 days or Labor and I-140 is approved.
If Labor is pending for more than 365 days, one year extension is approved and if Labor and I-140 is approved, three year extension is approved.
Am I right in interpreting the rule correctly?
Hello All,
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
Either Labor is pending for more than 365 days or Labor and I-140 is approved.
If Labor is pending for more than 365 days, one year extension is approved and if Labor and I-140 is approved, three year extension is approved.
Am I right in interpreting the rule correctly?
Hello All,
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
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kmkanth
08-06 07:08 PM
LUD on I-140 on July.13.08
more...
coopheal
08-01 09:23 AM
I forgot my password, and security question’s answer.
Is there a phone number on which I can call to get my password reset?
FYI - USCIS web site where you create your account is https://egov.uscis.gov/cris/jsps/index.jsp
Is there a phone number on which I can call to get my password reset?
FYI - USCIS web site where you create your account is https://egov.uscis.gov/cris/jsps/index.jsp
Siddharta
03-13 01:43 AM
Agree with you Infinite_Patience_GC.......for desis I would not recommend doing a full time MBA unless you get into top 10. Foreign students are having a hard time finding a job even at top 10 schools these days.
Although one good thing about part time is that it is less risky and usually lot of big companies help in reimbursing some of the tuition.
Although one good thing about part time is that it is less risky and usually lot of big companies help in reimbursing some of the tuition.
more...
chantu
02-29 12:54 PM
bump
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sgX05
02-12 01:53 AM
Another interesting thing is that the status on both 485s went from Request For Evidence to Initial Review. Had got and responded to RFEs on the 485s back in 2008.
more...
gaz
11-18 01:54 PM
Thank you for the quick response.
She has not yet filed 485 (PD is of 2007 i think). So once she ports her 140 she will have to file new labor and 140 (and since that can take more than 6 months) the worry was that she may not be able to work if H1 extension was not possible. so looks like she can apply her H1 extension at the time of transfer and then go on from there. Big worry off her head!
Thanks again.
1) transfer her h1 (she is worried because many companies do not transfer if < 1 year is on h1), and simultaneously file for an H1 extension based on approved 140 from her current job?
A. While file for her H1 transfer she can ask for 3 years extension based on approved 140
2) file a new labor and port her PD from the approved 140?
A. If she has not filed her 485 then she has to start the GC and can port her PD to the new 140
3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?
A. 1 and 2 are possible. If she wants she can transfer to H4 as well.
Hope this helps.
She has not yet filed 485 (PD is of 2007 i think). So once she ports her 140 she will have to file new labor and 140 (and since that can take more than 6 months) the worry was that she may not be able to work if H1 extension was not possible. so looks like she can apply her H1 extension at the time of transfer and then go on from there. Big worry off her head!
Thanks again.
1) transfer her h1 (she is worried because many companies do not transfer if < 1 year is on h1), and simultaneously file for an H1 extension based on approved 140 from her current job?
A. While file for her H1 transfer she can ask for 3 years extension based on approved 140
2) file a new labor and port her PD from the approved 140?
A. If she has not filed her 485 then she has to start the GC and can port her PD to the new 140
3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?
A. 1 and 2 are possible. If she wants she can transfer to H4 as well.
Hope this helps.
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va_labor2002
06-16 09:07 AM
You guys are too quick. I assume this is not an act out of impatience?
Let us contact CNN News team. If everybody can send a letter same day,they will definitely hear us and listen to the issue. Can we do that ?
Let us contact CNN News team. If everybody can send a letter same day,they will definitely hear us and listen to the issue. Can we do that ?
more...
marzelan
11-05 02:04 PM
I am in the same boat.File July 27. I140/I485 conccurently but so far I only have receipt for I140.Call USCIS over 10 times already no luck at all.And they told me that all applications from TSC are in the system.My lawyer call today and she was told that there are more cases from TSC that are still keying in for applications received during the month of July. So I ahve no idea what to believe.Call USCIS and request to check on your case.
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moonrah
09-28 07:45 AM
Hi,
Generally FOIA does't give approval notice. But other stuff you recieved should be enough. What date did you use for port of entry, your first one or the latest one?
Generally FOIA does't give approval notice. But other stuff you recieved should be enough. What date did you use for port of entry, your first one or the latest one?
more...
house Megan-Fox-Skinny
pappu
08-21 10:59 AM
Can moderators setup Web Fax for this?
we aready have a webfax for this
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
However, if anyone can spare a few minutes, pls. also send emails to these members from the site - http://judiciary.house.gov/CommitteeMembership.aspx
There is a website contact for each of the member.
An email from diff members of Iv in their own words apart from the webfaxes would add to our lobbying efforts.
we aready have a webfax for this
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
However, if anyone can spare a few minutes, pls. also send emails to these members from the site - http://judiciary.house.gov/CommitteeMembership.aspx
There is a website contact for each of the member.
An email from diff members of Iv in their own words apart from the webfaxes would add to our lobbying efforts.
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GCAmigo
04-30 01:44 PM
I was shocked as well, when I read about that in the other thread. Thanks for clarifying this Pappu!
shocked to learn that the wait is getting longer! now I am truly SHOCKED!
"Jo poora doob gava, usko thandee nahin laagva re!"
poorly translates to english "Does it get any colder, for one who is already drowned?"
shocked to learn that the wait is getting longer! now I am truly SHOCKED!
"Jo poora doob gava, usko thandee nahin laagva re!"
poorly translates to english "Does it get any colder, for one who is already drowned?"
more...
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bekugc
07-18 01:56 PM
hello,
MY Opinion!!
since u have used substitute labor, id guess that the Priority date of labor is pretty old (hopeing 2000-2002 range).
if ur PD is old, then rushing for 485 doesnt make sense. Rushing now is for those whose PD is 2005/2006, its their only chance before dates retrogress again. if u have OLD PD, then pretty soon, ur date will become current again, and when ur 140 comes thro u switch job & can apply for 485.
1. Anyway, resigning ur existing job and applying 485 with new company is not much beneficial. u cant use AC21 untill ur i140 is approved, anyway u have to stick at one place till ur eligible for AC21. if i were u , given a choice, id stay with a known demon (rather than unknown angel)
2. if ur substitute's labors 140 gets cleared..then switch to new company...apply 485 and in 180 days , ull be eligible for AC21, if relationship with new employer gets sour use AC21 and move on.
3. u still have 2.5 yrs on H1..this is a +ve point on ur side to take RISK of switching employer now. Id do this only if the PAY in new empoyer is so much high than existing, so that its WORTH taking the risk.
since its substitute labor, ur 140 cant be premium processes. as per previous experiences , if ur nebraska, 140 mite take 9-12 months , texas its little faster. so even after 1 yr,,if ur substitution Failed, u still have 1.5 yrs on H1, enuf time to switch H-1 job, get/apply for perm and get 6+ yrs extension.
Your lucky that new employer applied for 140 without expecting u to get on the payroll. if i were you, id thank God for that, and wait till 140 gets cleared before joining new job.
:-)
MY Opinion!!
since u have used substitute labor, id guess that the Priority date of labor is pretty old (hopeing 2000-2002 range).
if ur PD is old, then rushing for 485 doesnt make sense. Rushing now is for those whose PD is 2005/2006, its their only chance before dates retrogress again. if u have OLD PD, then pretty soon, ur date will become current again, and when ur 140 comes thro u switch job & can apply for 485.
1. Anyway, resigning ur existing job and applying 485 with new company is not much beneficial. u cant use AC21 untill ur i140 is approved, anyway u have to stick at one place till ur eligible for AC21. if i were u , given a choice, id stay with a known demon (rather than unknown angel)
2. if ur substitute's labors 140 gets cleared..then switch to new company...apply 485 and in 180 days , ull be eligible for AC21, if relationship with new employer gets sour use AC21 and move on.
3. u still have 2.5 yrs on H1..this is a +ve point on ur side to take RISK of switching employer now. Id do this only if the PAY in new empoyer is so much high than existing, so that its WORTH taking the risk.
since its substitute labor, ur 140 cant be premium processes. as per previous experiences , if ur nebraska, 140 mite take 9-12 months , texas its little faster. so even after 1 yr,,if ur substitution Failed, u still have 1.5 yrs on H1, enuf time to switch H-1 job, get/apply for perm and get 6+ yrs extension.
Your lucky that new employer applied for 140 without expecting u to get on the payroll. if i were you, id thank God for that, and wait till 140 gets cleared before joining new job.
:-)
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USDream2Dust
06-14 04:24 PM
Hey Nixstor,
I have already started looking and yes I agree. I would not hurry up things. I would take my time and get something good regardless my company pays or not.
Also I am going to do an official contract with my company and they would be paying utilities like internet and others separately. They would also add work insurance to it. It could be possible that another 2 people apart from me would work at my home office. Are you sure that it is not taxable if I get money from my employer as rent?
Any way thanks. I really appreciate all your responses. Market is bad and NJ is terrible for house. I am getting old houses for 500k and prices are not reducing any time. I have been watching it for 5 months now.
I have already started looking and yes I agree. I would not hurry up things. I would take my time and get something good regardless my company pays or not.
Also I am going to do an official contract with my company and they would be paying utilities like internet and others separately. They would also add work insurance to it. It could be possible that another 2 people apart from me would work at my home office. Are you sure that it is not taxable if I get money from my employer as rent?
Any way thanks. I really appreciate all your responses. Market is bad and NJ is terrible for house. I am getting old houses for 500k and prices are not reducing any time. I have been watching it for 5 months now.
more...
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paskal
12-18 05:56 PM
bumping this back up
MN members, please post here and join us
we have only 9 people so far
there are surely more of us
MN members, please post here and join us
we have only 9 people so far
there are surely more of us
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Maverick1
11-08 05:31 PM
Some where around December after completing Data Entry for all the AOS applications
Now that they have almost done with the receipts and most of the EAD and APs, they might consider starting the PP early next year.
Now that they have almost done with the receipts and most of the EAD and APs, they might consider starting the PP early next year.
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IAspire
02-21 10:17 PM
Thanks a lot for the links snathan. Is it possible to return to India at any stage of GreenCard processing and then come back to India once the EAD is approved.
overseas
08-23 07:14 PM
Hi Andhrawala,
I'm not at all surprised if USCIS call center people give conflicting information. When I called they asked me to file in Texas but gave me wrong P.O. Box number and wrong zip code.
In the EAD/AP filing instructions form in the USCIS website, it is clearly mentioned that we have to file EAD/AP as per the state we live in and not as per where our I-485 is present.
As my lawyer also told the same thing, I went ahead and sent my application to Texas service center. (I wasted 2 weeks in this dilemma though!) I'm kind of hoping that if I get a query or something later, I can say that I followed instructions at USCIS website.
I would say get in touch with your companies lawyer one time. Also call USCIS service center one more time and see what they will say this time. :-)
I'm not at all surprised if USCIS call center people give conflicting information. When I called they asked me to file in Texas but gave me wrong P.O. Box number and wrong zip code.
In the EAD/AP filing instructions form in the USCIS website, it is clearly mentioned that we have to file EAD/AP as per the state we live in and not as per where our I-485 is present.
As my lawyer also told the same thing, I went ahead and sent my application to Texas service center. (I wasted 2 weeks in this dilemma though!) I'm kind of hoping that if I get a query or something later, I can say that I followed instructions at USCIS website.
I would say get in touch with your companies lawyer one time. Also call USCIS service center one more time and see what they will say this time. :-)
angelfire76
06-04 02:53 PM
A friend of mine who's an account manager with Wipro said that all their H1 extensions have received multiple RFEs, with the standard wording on each RFE (client contract details, no. of people working at that location, immigration status of the people working at that location, demonstrate that the job is a specialty occupation (H1Bs for janitors anybody? ) ), client letter (even if the H1B is for a project starting 2 months down the line with a valid SOW)
Looks like the adjudicating officers have a standard template which they issue to all non-product companies as RFE. It's plain harassment that's all foolishly thinking that if we drive the H1Bs out then automatically the companies will be forced to hire locally. What they don't understand is that the companies will offshore even more work, as already being done by hiring one GC guy to co-ordinate the rest of the team in India. :rolleyes:
Looks like the adjudicating officers have a standard template which they issue to all non-product companies as RFE. It's plain harassment that's all foolishly thinking that if we drive the H1Bs out then automatically the companies will be forced to hire locally. What they don't understand is that the companies will offshore even more work, as already being done by hiring one GC guy to co-ordinate the rest of the team in India. :rolleyes:
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