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  • gc_chahiye
    09-17 02:35 AM
    I am working with Company B on H-1b. My GC labor, I-140, I-485 and EAD is filed by Company A. Now, I am close to getting EAD in few weeks. Few say that once EAD is approved, then I have start working for Company A immediately. Others say that GC and EAD is for future employment with Company A and hence, I should start working for Company A only after GC is approved.

    So, I have two questions and need advice.

    1. When should I start working for Company A, upon approval of EAD or approval of GC.
    Ideally, I would like to start working for Company A upon approval of GC.

    2. Even, if I want to transfer EAD to Company B, the job title differs as the job title on GC is more junior than the current role.

    Please let me know if anyone has similar situation and need what the reality is when EAD is approved.


    you dont need to start working for the company that sponsored your GC until you get the GC. If USCIS ever sends an RFE that company needs to confirm to USCIS that the job offer is open to you and provide a copy of the offer letter (it should match the LC). Your intent to work for that company on getting a GC should also be obvious (ie. if you currently make 5X what that company is offering for the GC job, you might have to convince the IO that you really intend to take up that offer).

    In the meantime you can do whatever you want at company B, either on H1 or on EAD.

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  • gcdreamer05
    01-05 04:35 PM
    Hi there,

    I need your advise - have an issue with travel back to the US.

    My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.

    I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.

    Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.

    I would really appreaciate any advise you can provide to my query. Thanks!

    Sorry to know about your situation....

    Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.

    This is very tricky, there is only one solution.

    You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.

    Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.

    If you had already known about this, why did you make the mistake of sending her abroad....

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  • gcbikari
    03-18 11:57 AM
    Most of people file taxes jointly and so I am wondering if it becomes an issue for spouse on H4 about false info on income.

    If your wife is on H4 she has no income hence she qualifies for free medicaid insurance. provided you fill out the forms the right way.

    And there is a seperate Health insurance sponsored by government for kids below 18 years. based on your wife's Medicaid, your child can qualify for that insurance in your state.

    You might need to buy insurance for you.

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  • rkgc
    11-18 05:43 PM
    I recently booked interview appointment for Dec in chennai, I used IE all along, there are some bugs when you use firefox.



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  • Alabaman
    10-11 01:05 AM
    Does it mean that if you get a receipt number in the case of an H1 transfer your case would definitely be approved?? i.e. Receipt number = Transfer approval?? :confused: Anybody familiar with the transfer process should please enlighten.

    It seems you can start working as soon as the application is sent out. This was the advice given to my firend by his attorney.

    He consulted some other lawyers. They say that it is safe to get the receipt number before starting to work.

    So to be on the most safe side, wait until you get the receipt number.
    But many people do start soon after sending the transfer petition...I know people who have done that. My friend is also not going to wait for the receipt as he has to join immediately.

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  • chanduv23
    09-15 04:22 PM


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  • Joey Foley
    November 21st, 2005, 10:57 AM
    I think two is the most sharp, but I like how the smoke is going over his head in the 3rd one.

    That's just my thoughts.Anybody else?

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  • gcformeornot
    05-28 07:31 AM
    from my understanding it wil start right away.. which means we will loose some time overlapping between the EAD's.

    I think it starts after expiry of first one. ( all other things work this way, why different rule for EAD?)


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  • bah9422
    10-17 08:20 PM
    you can expedite your AP by submitting proof of emergency situation like if someone is critically sick back in USCIS and they will give you will need to fax doctors letter and copy of AP receipt takes around 10 days for approval.

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  • LostInGCProcess
    11-12 02:25 PM
    Thanks all for your replies.
    Is it correct to assume that immigration officer at port of entry will be able to grant a stay for upto 6 months in I-94 even if the visa is expiring in a few days?

    Yes. Its up to the VO to grant the period of stay. You could enter US even with one day left on the visa. Once you are on US soil, its I-94 that determines the duration of your stay (which has expiry date).


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  • msyedy
    01-24 11:09 AM
    Yes your crook attorney is partially right. Because once your I-140 gets approved, then you are eligible for 3 yr extension and not 1 yr extension. No attorney like his/her clients get 3 yrs extension because they will lose their attorney fee for the next two years.

    Just ask your lier to apply for I-140. If he refuses to do that, ask him why?

    Change your attorney if you are paying for your GC. If company is paying then talk to the companies HR or who ever, lawyers will work on what the company says.

    Forget about the lawyer, It is the company issue here if they are paying for your GC.


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  • anilsal
    06-24 10:05 AM
    Think just getting marriage license is not sufficient. The license is a precursor to marriage (and as far as I know there is a particular time period after license to get married in a church, personal ceremony or court).

    I do not feel that getting married in the US is a problem. You get the license and then you can get married at a court the next day. It is called a "Civil Marriage".

    I know of people who have done this in the past and have got GCs.


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  • chanduv23
    08-07 09:18 AM
    A lot of people in the community still not on IV.

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  • sent4dc
    08-27 02:41 PM
    First of all, let me thank you all for sharing your insight. This site is a treasury of information.

    I'm trying to find a government site with all the forms and fees to apply for the H1B extension and can't seem to accomplish it. Does anyone know the link?

    Thanks again!


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  • Totoro
    05-18 07:23 AM
    Probably he is talking about the conditional green card one gets after marrying a US citizen

    If I understand right, you only jeopardize your chances if you divorce within 2 years. Another option is separation. And of course there is the third option, and that is to try and work it out with her husband.

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  • ibbu_arif
    11-16 10:33 AM

    I am in the same boat.. I am also waiting for my AP approval. (applied Oct 10th)

    Just wanted to know at which Service Center you filed? Did you get the reciept notices.

    My attorney says he will tell my reciept number as soon as he has it.
    I am thinking he is lazy to sort his mail :). It has been 5 weeks now.


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  • cox
    November 21st, 2005, 05:28 PM
    I agree with #2 as best. #4 is also interesting, but I like the clarity & eye contact in #2. Great capture, Joey. :)

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  • zerosine
    06-25 02:59 PM
    Thank you all for your responses.

    Thanks glus, I'll try filing the I 102 - hopefully they had computerized records back in the dark ages when I arrived. Also I'm hoping there's a record somewhere of the visa extension filed by my lawyer - do you think the same form might dig that up?

    Shatunup, what's a CIR? I'm intrigued....

    I have spoken to an attorney and the overstay is not really the issue - because I'm legitimately married (we have a two year old!) and if we can prove it's not a green card marriage I believe I just have to pay a fine.... however they do require proof of legal entry, which I don't have. You can adjust your status in the US if you are married to a US citizen - in fact I have to because if I leave the country I'm subject to the 10 year ban and they won't let me back in married or not.

    I have a new passport but without the visa and entry stamp it doesn't really help!

    Thanks again - by the way I'm a she :o

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  • baleraosreedhar
    11-18 02:45 PM
    Hi All

    I have a question regarding visitors visa, my parents got multiple Entry 10 years visa in 2007, but have not visited me so far, but this december my Mom is visitng me and in Feb my father( as to avoid harsh winter weather in East Coast), they will leave back in May 2009.

    My Question is will there be any issue as their visa was issued in 2007 but they are visiting now

    Do I need to send any new documents( I have moved onto EAD )

    Looking forward to hear suggestions.

    11-18 05:29 PM
    Great job folks. Not only Ac21 issue, but if there is any other issue, please lodge a complaint with the Ombudsman's office.

    I would also suggest that those who have had their I-485 denied due to changing employers should submit DHS Form 7001 to the Ombudsman's office.

    12-01 05:20 AM
    This doesn't take into consideration any active filings. Eg. ROW countries are always current for EB2 and they can and will apply EB2 140 and 485 together, this goes on through out the year which would consume the visa number. General rule of thumb is ~10000-15000 visas will be available for India /China at the end of last quarter due to horizontal spillover.

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