485Question
10-30 07:27 PM
http://immigrationvoice.org/forum/showthread.php?t=14756
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wandmaker
10-29 10:22 AM
But the EAD is soley meant for work!
I agree. The kid should not have received the EAD.
Are they issuing EADs to 2 year olds? That would mean it is legal for a 2 year old to work which just does not add up.
My co-worker, who has 5 year old kid, his son received an EAD (he filed I-765). He applied for SSN and received the SSN card within 5 days of application.
If Sury wants SSN for his kid, s/he can give a try.
I agree. The kid should not have received the EAD.
Are they issuing EADs to 2 year olds? That would mean it is legal for a 2 year old to work which just does not add up.
My co-worker, who has 5 year old kid, his son received an EAD (he filed I-765). He applied for SSN and received the SSN card within 5 days of application.
If Sury wants SSN for his kid, s/he can give a try.
raama123
02-25 11:22 PM
I was registered first time in last 6years this forum.i did not expect answers from this forum like arrogant,if you are not interested don't give reply like below,even you don't know about issue to answer,why you are giving unnecessary.
Forum will help to others with sharing the knowledge and sharing situations,not giving silly things..
Please remove this type of answers
dealsnet = which is correct
sargon = LoL. No wonder she got caught. She is not only a thief, she is also stupid
snthampi View Post
People like your (friend's) wife are a shame to the legal immigration community. We come here to work hard and make a better living. I don't think, this woman deserve to be admitted back to the US and I am not sorry to be rude in this case.
Please.... come on... you are a highly skilled immigrant... you can do better than this... I'm waiting... please spend the rest of the work day to come up with something.
Bookmark and Share
thanks
raam
Forum will help to others with sharing the knowledge and sharing situations,not giving silly things..
Please remove this type of answers
dealsnet = which is correct
sargon = LoL. No wonder she got caught. She is not only a thief, she is also stupid
snthampi View Post
People like your (friend's) wife are a shame to the legal immigration community. We come here to work hard and make a better living. I don't think, this woman deserve to be admitted back to the US and I am not sorry to be rude in this case.
Please.... come on... you are a highly skilled immigrant... you can do better than this... I'm waiting... please spend the rest of the work day to come up with something.
Bookmark and Share
thanks
raam
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tinamatthew
07-20 09:49 AM
What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet)
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a_to_z_gc
10-24 04:10 PM
If the I-140 is approved, you mentioned that the EB category can be changed if the process is initiated from scratch. Does the new application has to be in same area of occupation as the one for which the previous 140 was approved?
Kindly advise...
Thanks!
Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
Kindly advise...
Thanks!
Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
sanju
01-26 03:55 PM
That's Great! Glad it worked out.
Cheers!!
Cheers!!
more...
Canadian_Dream
03-20 01:31 PM
IMHO: That's not how it works. SSA doesn't contact USCIS, it actually searches a simple Database which has I-94 number and work status. When you change the status in US, USCIS updates the status associated with your I-94 as "eligible to work". Similarly after obtaining the first I-94 on H1B at POE, ICE updates the status as eligible to work. In each case it is done automatically by using machine readable I-94 numbers through OCR. These updates generally take a week or two.
If for some reason SSA can't find you information, only reason I see is the I-94 number that they entered came back with "No Match" meaning not eligible to work. Since everything else is automated the only manual entry is at SSA, if I were you I would check that first. The only other thing that could go wrong is ICE failed to update your status for some reason after your first entry. If this doesn't get resolved contact you congressmen immediately for hardship because of no pay checks. They might be able to resolve this bureaucratic logjam faster than you.
Hope this helps. Good Luck.
Thanks guys for the response. I checked with the SSN people if I can resubmit the form. They told they will not allow that. Is there a chance that the immigration people keep it pending so long. If so can I contact them?
If for some reason SSA can't find you information, only reason I see is the I-94 number that they entered came back with "No Match" meaning not eligible to work. Since everything else is automated the only manual entry is at SSA, if I were you I would check that first. The only other thing that could go wrong is ICE failed to update your status for some reason after your first entry. If this doesn't get resolved contact you congressmen immediately for hardship because of no pay checks. They might be able to resolve this bureaucratic logjam faster than you.
Hope this helps. Good Luck.
Thanks guys for the response. I checked with the SSN people if I can resubmit the form. They told they will not allow that. Is there a chance that the immigration people keep it pending so long. If so can I contact them?
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ChalapathiChitturi
11-01 04:22 AM
When I filed my 485, I gave My company address in all the applications. My company is in Washington State.
But I am actually working in California from past 7 years. The only place that I specified my current california address is in G325 (485 supporting document).
Also I move within california after filing 485.
Because I gave my company address in all the 485 applications, I did not even change my address in any of the applications. I only filed AR11 online for the address change. Advantage with online is, you will get a confirmation number.
That is what my company recomended me.
I got my EAD and all other receipts to the company address.
Waiting for AP and FP mails.
I also heard from my company that, my company will receive the finger print notice but the appointment office will be in california.
Hope this helps you.
But I am actually working in California from past 7 years. The only place that I specified my current california address is in G325 (485 supporting document).
Also I move within california after filing 485.
Because I gave my company address in all the 485 applications, I did not even change my address in any of the applications. I only filed AR11 online for the address change. Advantage with online is, you will get a confirmation number.
That is what my company recomended me.
I got my EAD and all other receipts to the company address.
Waiting for AP and FP mails.
I also heard from my company that, my company will receive the finger print notice but the appointment office will be in california.
Hope this helps you.
more...
VMH_GC
12-12 10:24 AM
I recently went to India and came back to US. At port of entry, the officer incorrectly put the date beyond my Visa expiry date in my copy of I-94 but in his copy he put the correct date. This confusion was largely due to the fact myself and mywife both are in h1b with two differenet expiry dates. Now my question is, will it be a problem? do i have to report this? Please let me know.
Thanks
VMH
Thanks
VMH
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sixburgh
06-28 04:12 PM
Read the link Immigration: EAD and AP (http://immigrationroad.com/green-card/ead-ap.php), especially the advance parole section.
"However, there is an exception for people in H, L, K or V status: you may return to the US using either an AP or a valid visa (H1, H4, L1 or L2), and it won't jeopardize your AOS application."
"However, there is an exception for people in H, L, K or V status: you may return to the US using either an AP or a valid visa (H1, H4, L1 or L2), and it won't jeopardize your AOS application."
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raysaikat
05-31 12:18 AM
Thanks a lot, Raysaikat.
I appreciate the response.Here are a few of my immidiate thoughts....
1)I have been unemployed for a little over 180 days now.The key question is what is the penalty for remaining in the country for doing so?
This is the year when most people actually did NOT get jobs...I am guessing there are a lot of people in my position.
There are two things: (i) out of status, (ii) unlawful presence. Unlawful presence is a narrower concept (a subset of out of status) with severe consequences: a person who has been unlawfully present for 180 days to 365 days is barred for 3 years from reentering; a person who has been unlawfully present for more than 1 year is barred from reentering for 10 years.
It is a complicated matter to determine if your "out of status" days have become "unlawfully present" days. I am not qualified to make that judgment: you need to ask an immigration lawyer, or your school's International Student's Office. I suspect that you are merely out of status and not yet unlawfully present:
In this document, "out of status" is defined as what I am referring to as "unlawful presence".
212(a)(9)(b) Out of Status Penalty Law: This section of law provides [snip]
* For purposes of this provision of the law only, a person who has violated the terms of their status, but who has not remained in the US past their fixed status expiration date as shown on their papers will not be considered to be “out of status” unless and until a government agency has officially informed them that they are “out of status.” In other word, it is possible for to be “out of status” for purposes of filing an extension or change of status in the US, but not be “out of status” for purposes of this penalty provision of the law.
[snip...]
It is not clear to me what should be regarded as the "fixed status expiration date" in your case. In the best case, that is the time your 12 month OPT expires and from that time you will start to accrue unlawfully present days. In the worst case, that is the time when your 90 days of OPT period expired, which means that you have already accumulated more than 180 days of unlawful presence and you will be barred from reentering US for 3 years.
Again, if you need to know this, please consult an immigration lawyer. Your school's international students' office should also be able to help you. But in my experience, they are not able to deal with complex situations and usually gives too conservative an answer that will save their behind should there be any complications. Once one staff of my school's ISSO asked me to apply for CPT for working in the UK! Thankfully the actual advisor was more knowledgeable. However, the advisors are not immigration lawyers.
2)How does USCIS actually track who is employed and who is not?
They may have multiple methods if they actually launch an investigation, but usually they will check their records the next time you apply for a VISA, inside or outside US. E.g., if you want to apply for H1-B, you will have to show that you are not out of status.
3)If I were to catch the next flight back home (India), will I face problems while leaving the US/or entering India?
Nope. You can merrily exit US. Entering home country of course is in the jurisdiction of the authority of your home country. Assuming you are an Indian citizen, they cannot prevent you from entering.
I.e., you will have no problem at all.
4)Can I get a letter from a firm/company stating that I was doing an unpaid internship with them?(which will be counted towards the employment period)Are there any repurcursions for the company?
Any thoughts/opinions wouldbe most appreciated.
Thanks!
My only suggestion is not to walk the path of doing fraudulent activities for staying in the US. If that means going back to India, please do so. Perhaps you will have an equally bright career in India.
I appreciate the response.Here are a few of my immidiate thoughts....
1)I have been unemployed for a little over 180 days now.The key question is what is the penalty for remaining in the country for doing so?
This is the year when most people actually did NOT get jobs...I am guessing there are a lot of people in my position.
There are two things: (i) out of status, (ii) unlawful presence. Unlawful presence is a narrower concept (a subset of out of status) with severe consequences: a person who has been unlawfully present for 180 days to 365 days is barred for 3 years from reentering; a person who has been unlawfully present for more than 1 year is barred from reentering for 10 years.
It is a complicated matter to determine if your "out of status" days have become "unlawfully present" days. I am not qualified to make that judgment: you need to ask an immigration lawyer, or your school's International Student's Office. I suspect that you are merely out of status and not yet unlawfully present:
In this document, "out of status" is defined as what I am referring to as "unlawful presence".
212(a)(9)(b) Out of Status Penalty Law: This section of law provides [snip]
* For purposes of this provision of the law only, a person who has violated the terms of their status, but who has not remained in the US past their fixed status expiration date as shown on their papers will not be considered to be “out of status” unless and until a government agency has officially informed them that they are “out of status.” In other word, it is possible for to be “out of status” for purposes of filing an extension or change of status in the US, but not be “out of status” for purposes of this penalty provision of the law.
[snip...]
It is not clear to me what should be regarded as the "fixed status expiration date" in your case. In the best case, that is the time your 12 month OPT expires and from that time you will start to accrue unlawfully present days. In the worst case, that is the time when your 90 days of OPT period expired, which means that you have already accumulated more than 180 days of unlawful presence and you will be barred from reentering US for 3 years.
Again, if you need to know this, please consult an immigration lawyer. Your school's international students' office should also be able to help you. But in my experience, they are not able to deal with complex situations and usually gives too conservative an answer that will save their behind should there be any complications. Once one staff of my school's ISSO asked me to apply for CPT for working in the UK! Thankfully the actual advisor was more knowledgeable. However, the advisors are not immigration lawyers.
2)How does USCIS actually track who is employed and who is not?
They may have multiple methods if they actually launch an investigation, but usually they will check their records the next time you apply for a VISA, inside or outside US. E.g., if you want to apply for H1-B, you will have to show that you are not out of status.
3)If I were to catch the next flight back home (India), will I face problems while leaving the US/or entering India?
Nope. You can merrily exit US. Entering home country of course is in the jurisdiction of the authority of your home country. Assuming you are an Indian citizen, they cannot prevent you from entering.
I.e., you will have no problem at all.
4)Can I get a letter from a firm/company stating that I was doing an unpaid internship with them?(which will be counted towards the employment period)Are there any repurcursions for the company?
Any thoughts/opinions wouldbe most appreciated.
Thanks!
My only suggestion is not to walk the path of doing fraudulent activities for staying in the US. If that means going back to India, please do so. Perhaps you will have an equally bright career in India.
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tabletpc
08-27 11:46 AM
I was under a foolish assumption that with pendidng PR for canada i can't appy for visitors visa. Good that i decided to clarify here.
Will start working towards it....
Thank U ALL....
Will start working towards it....
Thank U ALL....
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slowwin
02-22 02:31 PM
Full time genrally means atleast 9 credit hours per semster (could be more).
If you are in the same job for the same employer and are performing your 40 hours , it's better to be on that H1-B or AOS(EAD) status. This might not be possible in every university and or every graduate program but some of them have evening classes mostly. so you just get into your program and take classes but your status is H1-B or EAD (some universities even consider you domestic or instate for tuition purposes if you were working in that state for more tan year prior to begining the program.
AOS in that case is not jeopardised. I am in your exact situation, and this is what I understand. Always consult your attorney before you proceed.
regards,
slowwin
If you are in the same job for the same employer and are performing your 40 hours , it's better to be on that H1-B or AOS(EAD) status. This might not be possible in every university and or every graduate program but some of them have evening classes mostly. so you just get into your program and take classes but your status is H1-B or EAD (some universities even consider you domestic or instate for tuition purposes if you were working in that state for more tan year prior to begining the program.
AOS in that case is not jeopardised. I am in your exact situation, and this is what I understand. Always consult your attorney before you proceed.
regards,
slowwin
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cheg
08-30 02:41 AM
I was thinking that 'Parolee' seems to be the logical choice but I also think that one has to re-enter using advance parole to be called a 'Parolee' exactly what shreekhand said. I would say you're an 'Adjustee' but it's not in the choices so I suggest doing the paper-based application. Good luck!
In legal parlance it is referred to as "period of stay as authorized by the Attorney General".
Parolee sounds to fit somewhere right there from among the options, though in my opinion a person has to re-enter the US as a parolee.
In legal parlance it is referred to as "period of stay as authorized by the Attorney General".
Parolee sounds to fit somewhere right there from among the options, though in my opinion a person has to re-enter the US as a parolee.
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adreg
06-05 10:22 AM
If it makes you feel better -- its 11 years for us :). And no Labor Cert since I am black-logged at PBEC. So we need the annual H1B extension ritual :(
Yep, if CIR falls apart its pack-your-bags-and-go-home for us.
Yep, if CIR falls apart its pack-your-bags-and-go-home for us.
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eb_retrogession
03-26 08:02 PM
It is the policy of Immigration Voice NOT to criticize anybody's opinions or views by any media outlet. We beleive that everyone is entitled to their position on any given issue.
We have received very critical remarks from certain journalists about offensive messages sent by writers referencing Immigration Voice. IV has a dedicated media relations team that responds to relevant articles, as appropriate and ONLY such responses will be considered official communications from IV. If you want to join the effort, please send a note to sunil@immigrationvoice.org and your help would be a welcome.
However, we request that any personal responses, especially with offensive language, not to reference IV that will show us in a bad light.
Thank You for your understanding.
We have received very critical remarks from certain journalists about offensive messages sent by writers referencing Immigration Voice. IV has a dedicated media relations team that responds to relevant articles, as appropriate and ONLY such responses will be considered official communications from IV. If you want to join the effort, please send a note to sunil@immigrationvoice.org and your help would be a welcome.
However, we request that any personal responses, especially with offensive language, not to reference IV that will show us in a bad light.
Thank You for your understanding.
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forever
08-03 10:48 PM
What do you think..I would not have done that before posting that:)
I still don't see it...hope its not my cache issue. Will clear it and try again.
Here is the link.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=68439c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
I still don't see it...hope its not my cache issue. Will clear it and try again.
Here is the link.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=68439c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
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hbk
04-14 07:57 PM
Hello,
I have applied for H1B Extension for 3 years based on I-140 approval at VSC under premium processing.
Just want to know that I have submiited following documents along with it, are they sufficient/enough to get approval?
1. Resume
2. Master's mark sheets,Degree & Transcript
3. Bachelor's Mark Sheets,Degree & Transcript
4. Previous H1B Approval Copies
5. Old & New passport copies
6. I-94 Copy (Front & Back)
7. Client Letter with resposiblities,role,technologies & project details (without end date)
8. Business card for me from client
9. Business card for Client Manaager
10. Vendor Letter with resposiblities & project details (stating that can't provide contract papers between vendor & client due to client's policy)
11. Last six months pay checks.
12. Last three years W2’s (2007, 2008, 2009)
13. Copy of I-140(EB-2) Approval notice
14. SSN Copy
15. Driver License Copy
16. Degree evaluation report
17. Contract papers between employer & vendor (not purchase/work order)
18. Employment Offer Letter between Employer and Employee
Model : Employer(Consulting) --> Vendor --> Client
Working for this client from last 20 months.
Above documents are enough to get approval ?
What are the chances of RFE?
What are the chances of approval without & with RFE ?
I will greatly appreciate your response.
Thanks.
I have applied for H1B Extension for 3 years based on I-140 approval at VSC under premium processing.
Just want to know that I have submiited following documents along with it, are they sufficient/enough to get approval?
1. Resume
2. Master's mark sheets,Degree & Transcript
3. Bachelor's Mark Sheets,Degree & Transcript
4. Previous H1B Approval Copies
5. Old & New passport copies
6. I-94 Copy (Front & Back)
7. Client Letter with resposiblities,role,technologies & project details (without end date)
8. Business card for me from client
9. Business card for Client Manaager
10. Vendor Letter with resposiblities & project details (stating that can't provide contract papers between vendor & client due to client's policy)
11. Last six months pay checks.
12. Last three years W2’s (2007, 2008, 2009)
13. Copy of I-140(EB-2) Approval notice
14. SSN Copy
15. Driver License Copy
16. Degree evaluation report
17. Contract papers between employer & vendor (not purchase/work order)
18. Employment Offer Letter between Employer and Employee
Model : Employer(Consulting) --> Vendor --> Client
Working for this client from last 20 months.
Above documents are enough to get approval ?
What are the chances of RFE?
What are the chances of approval without & with RFE ?
I will greatly appreciate your response.
Thanks.
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gconmymind
11-05 03:50 AM
Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.
Saving grace - Our H1/H4 are in order with many long years left on them.
Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?
I am in almost the same boat, with the exception that my receipts have not arrived yet!! :mad:
Only saving grace is that I am EB2 and my priority date is May '04, so hoping the bulletin to be current for me in a few months so I can file for my wife..keeping my fingers crossed...
Saving grace - Our H1/H4 are in order with many long years left on them.
Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?
I am in almost the same boat, with the exception that my receipts have not arrived yet!! :mad:
Only saving grace is that I am EB2 and my priority date is May '04, so hoping the bulletin to be current for me in a few months so I can file for my wife..keeping my fingers crossed...
singhsa3
10-22 01:00 PM
Some one gave me negative feedback on this thread.
To that person, why not you come out in open and discuss your problem.
To that person, why not you come out in open and discuss your problem.
gcformeornot
08-08 04:25 PM
there already a big thread on this subject. Its right there on IV Homepage
http://immigrationvoice.org/forum/showthread.php?t=12135
Please refrain from creating threads for such matters. It adds confusion.
http://immigrationvoice.org/forum/showthread.php?t=12135
Please refrain from creating threads for such matters. It adds confusion.
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