sadhumis
08-27 04:04 PM
frostrated,anu_t,cleopatra,amit_sp all you guys manythanks. I really appreciate your replies.
I will try to raise this point with my lawyer and employer.
My roles and responsibilities have changed over the years and they are completely different now.
Many thanks y'ALL
I will try to raise this point with my lawyer and employer.
My roles and responsibilities have changed over the years and they are completely different now.
Many thanks y'ALL
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Sai gc
05-15 03:46 PM
Thanks a lot for your time Victory.
What you said is correct,so even me decided to keep quite and wait for the mercy of USCIS.
Wish you goodluck buddy.
What you said is correct,so even me decided to keep quite and wait for the mercy of USCIS.
Wish you goodluck buddy.
ChainReaction
08-10 09:12 AM
http://www.murthy.com/chatlogs/ch073007_P.html
Hi, i was looking at Murthy chat log and it states since H1b is a dual intend visa one may keep H1b status and do part time job on EAD ... she did mention that the rules is not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc., has anyone done that in the past or knows somenone please reply?
Chat User : As many of us plan to start part-time businesses using EAD, if we are on H-1 and use an EAD for a part-time business, does it mean we abandon H1B status? Thank you for your service.
Attorney Murthy : Actually, the H1B allows for dual intent. So even if one uses the EAD to start a PT business, if one closes the business or files an H1B extension with the current employer, that is an option to resume H-1 status. The rules are not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc.
Chat User : I am applying for I-485 for my family, and my wife is on H1B. Can she travel to India on AP and work on H-1? Does she need to get H1B stamping, or can she use AP for travel and H-1 for work?
Attorney Murthy : The general rule is that, after a person uses the AP, the safer approach is to work on the EAD, but the law allows such a person to also file for H1B extensions, as long as s/he is working with the H1B employer. As mentioned above, the law is not crystal clear on what must happen, and we find that it has been quite broad in this respect, since there are no clear-cut limitations. It would be safer / clearer to have the EAD.
Hi, i was looking at Murthy chat log and it states since H1b is a dual intend visa one may keep H1b status and do part time job on EAD ... she did mention that the rules is not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc., has anyone done that in the past or knows somenone please reply?
Chat User : As many of us plan to start part-time businesses using EAD, if we are on H-1 and use an EAD for a part-time business, does it mean we abandon H1B status? Thank you for your service.
Attorney Murthy : Actually, the H1B allows for dual intent. So even if one uses the EAD to start a PT business, if one closes the business or files an H1B extension with the current employer, that is an option to resume H-1 status. The rules are not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc.
Chat User : I am applying for I-485 for my family, and my wife is on H1B. Can she travel to India on AP and work on H-1? Does she need to get H1B stamping, or can she use AP for travel and H-1 for work?
Attorney Murthy : The general rule is that, after a person uses the AP, the safer approach is to work on the EAD, but the law allows such a person to also file for H1B extensions, as long as s/he is working with the H1B employer. As mentioned above, the law is not crystal clear on what must happen, and we find that it has been quite broad in this respect, since there are no clear-cut limitations. It would be safer / clearer to have the EAD.
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JazzByTheBay
09-05 10:43 PM
all the best jazz..
Thanks!
I traveled to India and got back on Monday (9/1/2008), AP expiring on 9/4.
As expected, I was asked to go to secondary inspection.
Handed them the passport, I-94 and AP.
(Saw others handing over wads of paperwork... )
Got called at the counter (others were being called by officers for interviews in different rooms... ). The only question asked: What's your job. Took less than 15 seconds.
I was hoping to get the CPO email while I was traveling, but no such luck. Apparently, NSC hasn't kept pace with TSC... :)
jazz
Thanks!
I traveled to India and got back on Monday (9/1/2008), AP expiring on 9/4.
As expected, I was asked to go to secondary inspection.
Handed them the passport, I-94 and AP.
(Saw others handing over wads of paperwork... )
Got called at the counter (others were being called by officers for interviews in different rooms... ). The only question asked: What's your job. Took less than 15 seconds.
I was hoping to get the CPO email while I was traveling, but no such luck. Apparently, NSC hasn't kept pace with TSC... :)
jazz
more...
snathan
08-04 01:09 PM
He can use AP to renter. USCIS would not have approved to give EAD if USCIS determined he was out of status in the first place.
NOT True.. they will give and come after you just to deny/revoke it.
NOT True.. they will give and come after you just to deny/revoke it.
maheshf
02-20 11:07 AM
Dear All..need expert guidance on my situation.
1) Company A. Approved I-140 and LC for more than 6 months in 2006
2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.
3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?
I assume answer is No but thought I will get some expert guidance.
Thanks for your help
1) Company A. Approved I-140 and LC for more than 6 months in 2006
2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.
3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?
I assume answer is No but thought I will get some expert guidance.
Thanks for your help
more...
lskreddy
03-12 07:19 PM
Thanks.
What would one need to capture time outside? Luckily in my case, all I need to show is probably about a week's worth of time outside US to apply. Isn't that correct?
I have a sub-case going with someone else and have EAD but my primary employer's labor is going to be just 361 days when my H1 expires. If my I140 get s cleared for the sub-case, of course all of this is moot.
Thanks again for your reply,.
What would one need to capture time outside? Luckily in my case, all I need to show is probably about a week's worth of time outside US to apply. Isn't that correct?
I have a sub-case going with someone else and have EAD but my primary employer's labor is going to be just 361 days when my H1 expires. If my I140 get s cleared for the sub-case, of course all of this is moot.
Thanks again for your reply,.
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superdude
07-26 02:18 PM
assuming you don't have all your I-94s and I797s,
having W-2s/paystubs for all the years is enough to prove that you have always been in status?
Please do not make assumptions and post message like this. People come here for information. For these kinda questions, add some meaningful title, You know what I am talking about.
having W-2s/paystubs for all the years is enough to prove that you have always been in status?
Please do not make assumptions and post message like this. People come here for information. For these kinda questions, add some meaningful title, You know what I am talking about.
more...
zoozee
10-26 12:57 PM
Me and my spouse had our appointment on 25 oct ie:yesterday afternoon and by mistake we went on 24th a day prior they requested us to come on the same day as appointment as they stopped taking walk-ins for this week.We went an hour prior to our appointment as there is a form to be filled out there which will be provided.
Make sure to go atleast 2 hour before so that you are able to locate the location we took long for the first time to find the place.
Good Luck.
Make sure to go atleast 2 hour before so that you are able to locate the location we took long for the first time to find the place.
Good Luck.
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txh1b
08-18 01:27 PM
WH-4 Form is meant for complaining against employer.
Please search this forum as I had posted this before a couple of times. Dont worry, DOL/USCIS is going gangbusters
after H1B employers. You first threaten sending the link to your employer. Often that works. If they dont budge then
file the WH-4. Unfortunately WH-4 may wreck the H1B petitions/extension of other employees working for that
company(bodyshopper).
WH4 has nothing to do here with this case. WH4 is not panacea for anything to everything.
Please search this forum as I had posted this before a couple of times. Dont worry, DOL/USCIS is going gangbusters
after H1B employers. You first threaten sending the link to your employer. Often that works. If they dont budge then
file the WH-4. Unfortunately WH-4 may wreck the H1B petitions/extension of other employees working for that
company(bodyshopper).
WH4 has nothing to do here with this case. WH4 is not panacea for anything to everything.
more...
ganesh_sholapur
11-08 08:29 PM
Dear all,
Currently working for ABC company with L1B visa, which expiring in Dec 19th 2008 and i am here in USA now along with my dependents.
But this year i got my H1B approval and having my documents, as my filing was done from India, i do not have I-94 at this time.
My quires are.
1. Do i need to go for stamping in Canada or Mexico
2. Can i work for company B with my H1B approval
3. To start my new job, do my employer should change my status
4. If going for stamping do my dependents also should join me.
Actually i have very short time to make my plans , please help in finding solutions for all my quires.
With Regards
Ganesh
Currently working for ABC company with L1B visa, which expiring in Dec 19th 2008 and i am here in USA now along with my dependents.
But this year i got my H1B approval and having my documents, as my filing was done from India, i do not have I-94 at this time.
My quires are.
1. Do i need to go for stamping in Canada or Mexico
2. Can i work for company B with my H1B approval
3. To start my new job, do my employer should change my status
4. If going for stamping do my dependents also should join me.
Actually i have very short time to make my plans , please help in finding solutions for all my quires.
With Regards
Ganesh
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tdasara
11-22 08:27 AM
getgreened2010
As I understand if you don't have a valid US visa (Or Canadian visa) Airline might not let you board even when going to India. Please, check with your airline.
As I understand if you don't have a valid US visa (Or Canadian visa) Airline might not let you board even when going to India. Please, check with your airline.
more...
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jonty_11
06-21 05:16 PM
Use your DigiCam
Take pictures on white/light Background
Focus till your waist ( important ).
Then take the card/chip to walmart.
Use the photocenter/kiosk there,
opt for wallet size,$.28 ( each wallet order will print 2 pictures in it )
autoadjust / manual contrast for extra brightness and print it.
collect in 1/2 hr, cut the pictures as needed.
I paid $2 total.
:)
I can probably do it for $0 if I use my passport photo software ..dont have to go to Walmart..
Point is my lawyer has recommended against using Digital Paper.
Passport Pix are supposed to be on Polaroid Paper - is what he recommends. I didnt find anything regarding this on INS Photo specification site..but I will stick to what my lawyer says.
Take pictures on white/light Background
Focus till your waist ( important ).
Then take the card/chip to walmart.
Use the photocenter/kiosk there,
opt for wallet size,$.28 ( each wallet order will print 2 pictures in it )
autoadjust / manual contrast for extra brightness and print it.
collect in 1/2 hr, cut the pictures as needed.
I paid $2 total.
:)
I can probably do it for $0 if I use my passport photo software ..dont have to go to Walmart..
Point is my lawyer has recommended against using Digital Paper.
Passport Pix are supposed to be on Polaroid Paper - is what he recommends. I didnt find anything regarding this on INS Photo specification site..but I will stick to what my lawyer says.
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piyu7444
04-21 10:52 AM
What if this was a situation with someone who was NOT working for a NON-PROFIT but for any other FOR PROFIT corp?
Suppose I worked for a FOR PROFIT employer for 2.5 year and have .5 year left on h1b and then I file for 3 year extension of h1b. Once I get approval I move to EAD and work on EAD and then after 1.5 year I want to come back on h1b .........CAN I DO IT?
Can I still use the peition which was approved for 3 years?
Will I be counted in CAP and will have to go through lottery?
I am sure I will have to leave US and go to home country to get a h1 stamped but just want to make sure that it is a NEW h1 or just the old one which I can use.........??
Please help me as I have been trying to find a CLEAR answer on the board and was not able to get a straight answer. I have asked my lawyer also and she is researching it.........I will post her findings too.......
Suppose I worked for a FOR PROFIT employer for 2.5 year and have .5 year left on h1b and then I file for 3 year extension of h1b. Once I get approval I move to EAD and work on EAD and then after 1.5 year I want to come back on h1b .........CAN I DO IT?
Can I still use the peition which was approved for 3 years?
Will I be counted in CAP and will have to go through lottery?
I am sure I will have to leave US and go to home country to get a h1 stamped but just want to make sure that it is a NEW h1 or just the old one which I can use.........??
Please help me as I have been trying to find a CLEAR answer on the board and was not able to get a straight answer. I have asked my lawyer also and she is researching it.........I will post her findings too.......
more...
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ruchigup
06-02 01:49 PM
I know it is overwhelming, when we get email from USCIS about RFE. But be patient it is generally for employment verification, birth certificate, medicals etc. If there is one for spouse it could be for marriage verification.
You need to wait at least 7 days before you should call to check with them. But 7 days is fair time, and 80% (no data backing) of letters are received by then.
You need to wait at least 7 days before you should call to check with them. But 7 days is fair time, and 80% (no data backing) of letters are received by then.
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sintax321
11-18 03:15 PM
Who is sucking up?
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va_dude
04-09 12:02 PM
may bulletin takes effect from May 1.
so until then the april bulletin works and as per that your dates are current. so ur good.
have fun with ur gc.
so until then the april bulletin works and as per that your dates are current. so ur good.
have fun with ur gc.
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needhelp!
03-12 10:42 AM
Sandeep is a batch mate.. Yeaaa Sandeep !!
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jest_1
08-12 11:04 AM
What about a scenario like this.. If you had some gaps (less than 180 days), but left and re-entered and then filed your I-485. Would it still be an issue or does 245k cover this scenario ?
snathan
02-12 12:55 PM
To Whom It May Concern:
My H1B expires in July 2010 so I would have to start the PERM process now. In this current economic downturn it seems that it will be extremely difficult to get PERM certified. I also have a Permanent Residence to Canada. My current US employer would be willing to let me go to Canada for 1 year (and work for him remotely) so my H1B clock resets and then reapply for a fresh 6 years of H1B after I came back.
What would be your advice: go to Canada and wait 1 year and then come back on H1B and apply for GC once things get better or risk it now and start PERM in this time? Please note that I live in New York City so it is even harder to get PERM as there are so many people here. I would like to apply in EB2 category.
Please advise.
Thank you so much for your time!
If I were you...I would start the PERM now and if anything goes wrong, I would go to canada and come back after a year. If I get the PERM approved, I dont have to lose anything.
You never know. When you have back up why you worry.
My H1B expires in July 2010 so I would have to start the PERM process now. In this current economic downturn it seems that it will be extremely difficult to get PERM certified. I also have a Permanent Residence to Canada. My current US employer would be willing to let me go to Canada for 1 year (and work for him remotely) so my H1B clock resets and then reapply for a fresh 6 years of H1B after I came back.
What would be your advice: go to Canada and wait 1 year and then come back on H1B and apply for GC once things get better or risk it now and start PERM in this time? Please note that I live in New York City so it is even harder to get PERM as there are so many people here. I would like to apply in EB2 category.
Please advise.
Thank you so much for your time!
If I were you...I would start the PERM now and if anything goes wrong, I would go to canada and come back after a year. If I get the PERM approved, I dont have to lose anything.
You never know. When you have back up why you worry.
Administrator2
12-09 11:38 AM
Is there any hope for us...
There is always Hope. For those who want guarantees even before making an attempt, just remember that seeking such assurances will certainly cause failure for everyone.
Is recapture there? Will Eb-3 or my eb2 date move? Then when will I get my green card approval? Those are all valid questions.
But perhaps we need to rise up above simple answers from a very complicated situation and just do our share, give it our best for the solutions we are looking for. Do not intended to get preachy here, but I hope you get the point.
Thanks for everyone's hard work for actively participating in Action Items and calling your Senators.
There is always Hope. For those who want guarantees even before making an attempt, just remember that seeking such assurances will certainly cause failure for everyone.
Is recapture there? Will Eb-3 or my eb2 date move? Then when will I get my green card approval? Those are all valid questions.
But perhaps we need to rise up above simple answers from a very complicated situation and just do our share, give it our best for the solutions we are looking for. Do not intended to get preachy here, but I hope you get the point.
Thanks for everyone's hard work for actively participating in Action Items and calling your Senators.
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