Monday, June 13, 2011

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  • sweet23guyin
    04-23 01:31 PM
    You aint getting any information or clarification on this buddy. Everyone says it is a gray area. I am getting gray hair trying to get clarification for this gray area :)

    Something so simple cannot be clarified, this is pathetic state of our being. Cant get a head start on business or even think about doing anything out of the box. Depressing!!!

    I was in dilemma just like every one; keep postponing things right from the day I got EAD(2years passed).
    Since I am on employment with H1b/GC sponsoring employer full time, I did not see a problem starting a company on my spouse name and start working part time as Corp to corp relation.
    My feeling is, even if my status changed to EAD ( I don't know how to inform USCIS or USCIS know if I work for my spouse single member company), what will be the impact? RFE's for the next 3-5years? In such scenarios H1b/GC employer will any way ans those calls.

    Though, I don't have any proof/idea of what the status I am/will be in using EAD as part time. I simply took the plunge with my gut feeling and economy situation.
    If there is a chance or idea you want to put forth with your own company, there is no good time than today!

    Good luck and let us know.

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  • InTheMoment
    06-25 07:40 PM
    Employer pays lawyer fees/USCIS fees for I-485/AP/EAD as well as medical, photos, mailing and other incidentals for me as well as spouse: Basically everything.

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  • andy garcia
    10-19 10:03 AM
    I don't have an A#? Where can i find that.
    If you got EAD and AP. You must have filed a 485 also.
    Check there

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  • beibei2929
    05-15 01:39 PM
    Thank you, priderock!!!
    You mean I have to ask somebody to mail me the new extension when it is approved, so that I will not have trouble at the port of entry? Can you check how long your visa stamp valid? Since I have made an interview appointment at US embassy in my country in early June. If it only lasts to June 30, I will cancel the interview. Thanks again.

    Did you mean you are going to apply for a new visa stamp in your country ? If yes, your new visa stamp will be valid until June 30. I am not sure I got the 3 moth visa validity part.

    When they extend your h1 they give you new I94. If you go to your home country and reenter on the old visa , you get a new I94 valid until june30 only from port of entry. My lawyer cautioned me about this once because your latest I94 (short validity) may be the valid one. I am not sure about this but I remember getting cautioned about traveling while H1B extension application is pending. I had to have my H1 approval mailed to me and show the new extension at the port of entry so that I get a valid I94 with new valid date.

    Talk to an Attorney when in doubt.


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  • andreafejes26
    03-31 11:17 PM
    Thanks a lot for your comments. They are really helpful.

    In case I do what you mention, what normally comes with a rejection? would the USCIS go further (beyond the simple denial), and rule that I was out status penalizing/prohibiting me to enter the country?

    Should it be better if I just leave the country and wait for the approval outside the US? I guess Im prepared for a denial, what concerns me the most is jeopardizing B1-B2 Visa or as you said to be prohibited to enter the country.

    Do you know the "standard" wording for USCIS decision in cases like mine?

    Thanks a lot again, I really appreciate your comments.

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  • PavanV
    09-14 02:13 AM
    shreekhand, I think peshwa's comments are about right, its human psychology, the slaves organized and demanded their rights, but it took a long time to get that , but they were some among the slaves who did feel that they were going to get freedom from their masters if they really worked hard, do you think they would have gotten freedom if they had did just that ?


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  • fatjoe
    10-06 05:34 PM
    Really? Did they give you that information?
    I have taken infopass 2 times in last 2 years, and they just tell me - we cannot tell anything about that info from the "screen" they have access to.
    They just give a vague answer that everything is in order but your visa numbers are not available for your dates, you need to wait for visa number

    I went twice, both the time they gave me that info. Not only that, they can tell you if your case was assigned to an IO or not and also when the IO reviwed you application lately. You will have to specifically ask them.

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  • skalra
    12-06 11:11 PM
    - Based on personal experience and not a professional advice
    - I am assuming your PD is not current yet

    I have lots of friends who have applied their H1-B extension, even though their 140, EAD, FP, AP all are approved and 485 applied. Even in my case (I have everything listed above except 140), my lawyer was actually waiting for 140 to get approved so that I can get a 3 year extension, but then applied extension as 140 is taking too long. You may want to talk to another lawyer.

    If what your lawyer says is true, then almost all ~300K July filers will be without H1-Bs after some time. ;) ;) ;)


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  • rangaswamy
    02-26 07:17 PM
    She could pursue Masters on H4 visa as well. It has its own merits and disadvantages. Advantages are she would be eligible to in-state tution waiver(Which is significant) and could complete the program at her own pace. Disadvantage is that she would NOT be eligible for any scholorship and can not work while on H4.

    I think F1 has more advantages unless you have 485 filed (in which case i dont know what happens!)

    As an F1 student, you can work on campus, this will ensure an SSN/credit history etc etc.

    Most important, she can accept scholarship and internship offers through the course.

    The path to getting a h1b visa becomes easier as the masters students have a separate quota and also one year OPT.

    I think tution waiver will only apply if she has been independent in the last 365 days which she is not if she is on h4 visa.
    Also, some senior members informed me that you can change from H4 to F1 by applying for I 539, which the school would assist you in doing. In this case i think stamping is not necessary unless you leave the country.

    DISCLAIMER: all of the above information is based on other posts and some articles outside IV.

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  • jsb
    09-24 01:00 PM
    cool..hats off to USCIS...1 yr EAD will take 1 yr to process. u should apply ur next EAD now itself...this is implicit suggession by USCIS to you (and us)

    Awesome job (USCIS) guys..I feel like hitting rotten eggs to the dept office..they have increased the fee but have gotten worse in level of services.

    You can't apply for EAD more than 120 days prior to expiry of your current EAD. If you do they will return your app ( might keep the check though).


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  • laksmi
    02-05 08:01 PM
    It is your employer how have to support your H1B renewal inform him before itself.
    If EAD is expired you will not be able to work until you get extension but since you are working for the same employer and if your H1 gets extension approval then I think you can switch from EAD to H1B even after EAD gets expires.

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  • div_bell_2003
    01-12 02:32 PM
    If your I-485 was filed in that mad rush on July 2007, you *have* to pay renewal fees for EAD/AP every single time. Remember, USCIS had extended July 07 filings acceptance date till August 17,2007 due to their own screw up. Here on or before 30th July 2007 means 17th August, 2007. FYI, my I-485 was filed on 17th August, 2007.

    But if you have filed your I-485 after that and the filing fee for that was around $1000 ($1010 I believe ), then you get free renewal of EAD/AP. When I e-filed the EAD for my wife, it made the fee calculation for me, so it's hard to go wrong there.


    Here is what I found on USCIS website for renewal I765
    If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $340 filing fee.

    I filled my EAD with I485 on August 2007. I got my EAD on 10/21/2007 which
    is expired and want to renew it.

    Do I need to pay the filing fee? Here it says any one filed I765 before July 30th 2007, they need to pay the renewal fee but nothing is mentioned for those who filed afterJuly 30th 2007?

    Does any one has any idea?


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  • LostInGCProcess
    08-18 07:36 PM
    I thank you all for your encouraging and kind response.
    The new job I have is like a contract job to a client. A big consulting firm has hired me. So, I have not yet spoken to them about any letters that I may require in future should there be an RFE.
    My situation was very desperate to get a job...i was without job for more then 3 months and its hard to run a family...and I came to the point where we were planning to return back home....but I got the job just in the last minute, i must say....The requirement for the job was, only GC or Citizens. I told them I am on EAD they said fine we can take you as long as we don't have to sponsor you....So, I took it.
    The other issue is, I am getting paid far less then what I used to get., I don't know if that's acceptable or not with regards to the GC process.
    But the work is same. What I used to do earlier, I am doing the same kind of job here with the new client.
    So, all these factors has caused lot of confusion in my mind whether to continue with old address or not. I still have 2 more months on the lease for the old apt I got some more time to think about this job.

    Thanks again for all your advice.

    Chanduv, I know you started a thread on "RFE for AR-11" to poll, but I did not followup on that.

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  • masterji
    01-20 05:34 PM
    How can withdraw my H1B visa application from New Delhi embassy? I came back to US with AP and my application is pending in Delhi.


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  • GCHope2011
    11-29 08:21 AM
    Hello ,

    Im currently living in USA , came by tourist visa for 6 months , tomorrow was my experitation date , but my father company in south america filled a petition for me under the L1-B here in the united states. We create a new company here to be the subsidiary and the idea is to get the visa so I can stay here and do the work for the the company.

    My question is , what posibilities are the USCIS can approve or deny my petition?

    Here is the info about the parent company with the us branch :

    Automotive sales , service of authorized delaer of Jeep Chrysler and Doge .
    My job was manage the import area for auto parts being purchased in usa to be imported to the parent company.

    I do not carry profesional degrees however i was in the payroll of the company since 1998.
    I grew up in the company during the yearsd and scale in different titles till get the Import general manager title.

    My job here basically will be perfom the auto parts inspection , purchased from provides in the usa , pay providers and take care of the business financial accounts.

    Is this sufficient to get an approval? or it can be rejected?
    We got asked a lot of documents and payrolls from parent company and so , but Im no sure if this petition is consisent to be approved since i do not have the profesional degree and I dont really see this work can be done for someone american here.

    Then there is another issue realated with me , My petiton was submitted days ago and It suppoused i got an extension while the USCIS review my petition , however , 2 days ago my husband intent to come over the usa to visit me and his child and he had problems in inmigration at port of entry he was locked in a room for several hours and finally he got rejected , he could communicate with me over the phone to le me know what was going on , and he told me inmigration already knew I was here and the y saw my extension but they said they will come to check on me since my status was close to expire , so the said they know everything about my entry cuz they checked on the data base and so , now i want to know , this situation can be an issue to got a L1-B denial? I mean coudl the officers from the CBP write a note about me , since they got all my info , address and so?

    Im really confused , I dont know is i will get an extension removal or what and If i willg et or not an L1-B visa , but since my husband have been banned to come to usa for several years I dont really see the point to get the visa , but some payments have been made by my parent company in south america , so I dont really know what to do , without knowing what status would i get since now.

    How many time does the USCIS take to approve or deny a visa? my petition was submitted on friday.... my expiration date is tomorrow 29 may 2010 ... do i have to leave the country then? the attorney in charge said i was covered but after this problem with my husband im not so sure I really need another opinion .. thank you!
    L1 Visa is for intra-company transfer of an employee based outside the US to a location within US.

    To do so:
    - A company must have a legitimate foreign business presence and should be able to prove its existence and legitimate business operations
    - The person being transferred should have been a genuine employee of the foreign location of the company for at least 1 year within the immediate three years of the Visa petition
    - The company must have a legitimate business operation already in existence in the US - the location to which the foreign employee is proposed to be transferred
    - The company should be able to show the need for the specific expertise that the proposed individual brings to the position in the US, which cannot be obtained otherwise from the US labor market at the prevailing wage rate for the position
    - The company should be in a sound financial position, to be able to afford and pay the salaries proposed for the individual

    All the above conditions are scrutinized very carefully and evidence sought to substantiate them in case of any doubt by USCIS. They usually also evaluate if the US operations have been established primarily to be used as an immigration vehicle

    So, if your application is very clear cut on all of these points, then at least you might have some chance.

    There could be other criteria that USCIS looks for, which I am not aware of (since I am not a lawyer or have any direct experience of L1 filing).

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  • thechallenger
    09-21 09:23 PM
    if this Interpol thing is regarding 498a, there are cases where people have contacted people in Indian embassy and explained to them the situation and got their passports renewed as well.


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  • nat23
    06-14 11:17 AM
    I would recommend you stick to you H1B by getting an extension on H1. The problem with EAD is that EAD extensions take long and there is no guarantee your EAD extension will be granted before the present one expires. If this were to happen you are out of status (ppl correct me here if I'm wrong). So maintain ur H1 status as far as possible.

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  • RDB
    09-26 10:56 AM
    I am not sure if every state allows this but I know this is true for California. There are different reasons for taking this leave. If you had a baby - For a mother, it is 12 weeks, partially paid by the state and for a father it is 6 weeks partially paid by the state.

    If you have worked with your employer for atleast a year, you can also avail FMLA leave for 12 weeks (unpaid) without any issue. All the employers with 50 employess or more are supposed to follow this law.

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  • delax
    08-23 10:38 AM
    Here's a killer.

    - Applied for EAD and AP renewal for self, spouse and child (total 5 apps) with a RD of July 22 and ND of July 23, 2008.
    - When I would check the case status online for my renewal apps, I kept getting a message "Case Retreival falied. Receipt # DOES NOT EXIST" :eek::eek::eek:
    - GC approved on Aug 9
    - Lawyer gets a copy of my Approval Notice for I-485 on August 20 and sends a copy to me by overnight mail ALONG with the renewal AP which was approved on August 18 - a good nine days after GC approval:confused::confused::confused:
    - No idea where my EAD apps are!!! not that it matters

    GAWD - Some serious system fixes need to be done at USCIS......

    02-28 07:02 PM
    US grants home schooling German family political asylum | World news | The Guardian (

    USCIS goes by the book not by the how dumb the rule is.

    05-22 12:40 PM
    Do we need to pay $340 for the second renewal of EAD and AP?

    USCIS page says, no fee only if you have filed 485 after July 30, 2007.

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