senk1s
07-16 11:30 AM
The answer to gcbuddy's question is straight forward - no need to notify uscis
Just to clarify/ confuse:
Maintaining H1-EAD / H4-EAD simultaneously looks like it is subject to atleast 2 interpretations, depending on the attorney.
I've not seen any clear reference to this by USCIS
H1/ H4/ AP (when approved and valid, stamped) all allow to travel/ (re)entry
H1 allows to work only with the sponsoring employer
EAD allows to work for any employer without restriction (C9 classification is a fringe benefit as a result of filing 485)
Just to clarify/ confuse:
Maintaining H1-EAD / H4-EAD simultaneously looks like it is subject to atleast 2 interpretations, depending on the attorney.
I've not seen any clear reference to this by USCIS
H1/ H4/ AP (when approved and valid, stamped) all allow to travel/ (re)entry
H1 allows to work only with the sponsoring employer
EAD allows to work for any employer without restriction (C9 classification is a fringe benefit as a result of filing 485)
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espoir
07-27 04:06 PM
The moment you use your EAD to get a part time job even you still are working fultime job, your H status is suspended. You can still work with your employer who filed your GC not in H status, but with EAD.
In other words, you can only be in one status at any time. You cannot have H status and work on EAD at same time.
What happen to a person with H1B and then EAD. Main job he continues with original employer who file GC and take a partime like working in a store. What will be the interpretation and Can he do that?
Senior pl give advice.
In other words, you can only be in one status at any time. You cannot have H status and work on EAD at same time.
What happen to a person with H1B and then EAD. Main job he continues with original employer who file GC and take a partime like working in a store. What will be the interpretation and Can he do that?
Senior pl give advice.
admin
05-18 11:21 AM
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hebron
08-10 09:55 AM
I am an EB3 applicant with PD of Sep 2004. I have an EAD but I haven't used it yet. I am still on H1-B.
I have 12 years of experience and a masters degree and given the hopeless EB3 backlog, I have been looking for other suitable employment opportunities (EB2) for the past few weeks.
I have a few questions for the IV members who have switched to new employers and have successfully ported EB3 to EB2:
1. Should I use my EAD and invoke AC21 to transfer to a new employer or should I ask them to file H1-B transfer.
2. How soon is it reasonable to ask the prospective employer to file EB2 labor? I do not want to blow up an opportunity being unreassonable.
In my mind, I am thinking about asking the employer to file for EB2 labor and use my EAD to start working. This is under the assumption that asking an employer to do H1-B transfer and also file EB2 labor might be too much to ask (expense wise) .
Any suggestions/ advice appreciated.
I have 12 years of experience and a masters degree and given the hopeless EB3 backlog, I have been looking for other suitable employment opportunities (EB2) for the past few weeks.
I have a few questions for the IV members who have switched to new employers and have successfully ported EB3 to EB2:
1. Should I use my EAD and invoke AC21 to transfer to a new employer or should I ask them to file H1-B transfer.
2. How soon is it reasonable to ask the prospective employer to file EB2 labor? I do not want to blow up an opportunity being unreassonable.
In my mind, I am thinking about asking the employer to file for EB2 labor and use my EAD to start working. This is under the assumption that asking an employer to do H1-B transfer and also file EB2 labor might be too much to ask (expense wise) .
Any suggestions/ advice appreciated.
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godbless
06-29 11:28 AM
Is there any quota on filing the I 140s? My friend requested his employer for upgrading his 140 and he says that the attorney mentioned that the quota for I 140 is already full. I don't think it is right. Any inromation please.
cgs
03-15 08:10 AM
Can you explain?
And finally, I hope whoever you referred did get a full disclosure from you that you might be compensated for the referral :-)
And finally, I hope whoever you referred did get a full disclosure from you that you might be compensated for the referral :-)
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kondur_007
07-30 08:31 PM
I am so confuse and cursing myself why did I leave US. My apartment, my car , my belongings every thing is back in US and I am stuck here
First of all, calm down. Everything will be just fine. If you stress out, you burn your own brain cells.
So my understanding is that if I file for CP then I would be asked to interview in home country for my GC and it could take long once again if it gets stuck in name check.
Yes, that is correct. If you file for CP, your approved I 140 gets forwarded to the consulate and then consulate will process it (if PD is current) and give you interview. They WILL do the name check and if it is not cleared for H1, it is not likely to be cleared for GC. so they will not give interview till your name check is cleared and PD is current.
But if I wait for H-1 name check clearance then I could enter to US and apply for I 485 and even if it takes longer than 6 months, I would get I 185 approved.
That is correct. There is not time limit after approval of I 140 to file 485. You can file it any time after I 140 is filed and if you are stuck there due to name check, you have a reason for the delay as well (just in case someone asks in future; but no one is supposed to ask it any way). So by all means you will be able to file 485 once you enter US on H1. It can be any amount of delay. The only things is; your PD needs to be current at that time.
The thing is I am not sure how long it would take to get my name check clearance so I am thinking of CP.
That is exactly why I said in the above post that that's the one thing you can do and who knows? may be name check gets cleared and if your PD is current and all stars are aligned well they may call you for interview for GC even before your H1 interview (although this is not very likely to happen!) but it would not hurt.
Another thing is that I am on unpaid leave for last 3 months. My company let me worked for first 6 months remotely but then asked me to take unpaid leave. Would it be an issue when I go for interview for CP.
Entirely unrelated question. To make it clear, let me ask you: Were you IN US during that 3 months unpaid leave and you were on H1?? in that case you were out of status for those three months. If that is the case, that might come in your way if they notice it. They may even deny H1 stamp on that basis. and they can raise that during CP interview as well. Talk to your lawyer. If this is the case, it may be safe to go through the route of first getting H1 stamp, come to US and file 485. (once you enter on a valid stamp, all prior out of status violations are sort of forgiven and so they will not create any problem at 485 stage)
Let's assume that if I get interview for CP after a year, wont they ask that I am not working for my current company so why are they doing CP for me.
You dont have to be working for the sponsoring employer at the time of either 485 approval or at the time of CP approval. All you need to have is a letter from employer that says, they will hire you permanently for the job described in your PERM on a permanent basis. That's it. And you and your employer should have good faith intention to do so once GC is approved. GC is for the future job.
And one more thing how long does it take generally to get interview once a person has applied for CP ??
I dont know the precise answer to this question. I think once they receive notification from DOS (which by itself takes few months); they do name check, local police clearance etc and once those things are in line, and your PD is current they will call you for the interview...this may be few months.
Good Luck.
First of all, calm down. Everything will be just fine. If you stress out, you burn your own brain cells.
So my understanding is that if I file for CP then I would be asked to interview in home country for my GC and it could take long once again if it gets stuck in name check.
Yes, that is correct. If you file for CP, your approved I 140 gets forwarded to the consulate and then consulate will process it (if PD is current) and give you interview. They WILL do the name check and if it is not cleared for H1, it is not likely to be cleared for GC. so they will not give interview till your name check is cleared and PD is current.
But if I wait for H-1 name check clearance then I could enter to US and apply for I 485 and even if it takes longer than 6 months, I would get I 185 approved.
That is correct. There is not time limit after approval of I 140 to file 485. You can file it any time after I 140 is filed and if you are stuck there due to name check, you have a reason for the delay as well (just in case someone asks in future; but no one is supposed to ask it any way). So by all means you will be able to file 485 once you enter US on H1. It can be any amount of delay. The only things is; your PD needs to be current at that time.
The thing is I am not sure how long it would take to get my name check clearance so I am thinking of CP.
That is exactly why I said in the above post that that's the one thing you can do and who knows? may be name check gets cleared and if your PD is current and all stars are aligned well they may call you for interview for GC even before your H1 interview (although this is not very likely to happen!) but it would not hurt.
Another thing is that I am on unpaid leave for last 3 months. My company let me worked for first 6 months remotely but then asked me to take unpaid leave. Would it be an issue when I go for interview for CP.
Entirely unrelated question. To make it clear, let me ask you: Were you IN US during that 3 months unpaid leave and you were on H1?? in that case you were out of status for those three months. If that is the case, that might come in your way if they notice it. They may even deny H1 stamp on that basis. and they can raise that during CP interview as well. Talk to your lawyer. If this is the case, it may be safe to go through the route of first getting H1 stamp, come to US and file 485. (once you enter on a valid stamp, all prior out of status violations are sort of forgiven and so they will not create any problem at 485 stage)
Let's assume that if I get interview for CP after a year, wont they ask that I am not working for my current company so why are they doing CP for me.
You dont have to be working for the sponsoring employer at the time of either 485 approval or at the time of CP approval. All you need to have is a letter from employer that says, they will hire you permanently for the job described in your PERM on a permanent basis. That's it. And you and your employer should have good faith intention to do so once GC is approved. GC is for the future job.
And one more thing how long does it take generally to get interview once a person has applied for CP ??
I dont know the precise answer to this question. I think once they receive notification from DOS (which by itself takes few months); they do name check, local police clearance etc and once those things are in line, and your PD is current they will call you for the interview...this may be few months.
Good Luck.
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greeku_veerudu
06-27 04:25 PM
Simple solution to your problem is to hire a CEO to run your business. Appoint a CEO a week before her EAD is expiring if she does not get her EAD by that time. You can pay a minimum salary, say $500 a month to run a company. Mind you, technically, she has to give all powers to the CEO including check writing powers. So the person you are hiring should be trustworthy. If she doesn't have EAD, she can not work for the company, not even sign a check or receive a phone call on behalf of the company. She can not even hire a CEO once her EAD expires. So it is important to appoint one while her EAD is valid. She can have this arrangement until she gets her EAD.
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learning01
05-03 10:09 AM
They are not going to help resolve issues of backlogs, delays in processing and visa numbers for employment based GCs.
Clearly, these counter-protesters are doing them under the gard of supporting legal immigrants. My advise - ignore them and don't post or start new threads here. Instead write letters to editors clearly drawing their attention to issues facing legal employment based immigrants.
I browsed the link provided and nowhere it is mentioned about specific issues of legal immigrants.
Suggest folks write back personal stories and ask the editor to highlight the need to raise Legal Immigration issues.. the writer has clearly expressed how the legal immigrants needs to be given consideration : Contact Jessie Mangaliman at jmangaliman@mercurynews. com or (408) 920-5794.
They are organising a counter protest against Illegal Immigrants rally :
Amnesty foes respond
http://www.mercurynews.com/mld/mercurynews/news/special_packages/immigration_debate/14488543.htm
Clearly, these counter-protesters are doing them under the gard of supporting legal immigrants. My advise - ignore them and don't post or start new threads here. Instead write letters to editors clearly drawing their attention to issues facing legal employment based immigrants.
I browsed the link provided and nowhere it is mentioned about specific issues of legal immigrants.
Suggest folks write back personal stories and ask the editor to highlight the need to raise Legal Immigration issues.. the writer has clearly expressed how the legal immigrants needs to be given consideration : Contact Jessie Mangaliman at jmangaliman@mercurynews. com or (408) 920-5794.
They are organising a counter protest against Illegal Immigrants rally :
Amnesty foes respond
http://www.mercurynews.com/mld/mercurynews/news/special_packages/immigration_debate/14488543.htm
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vegasbaby
02-19 07:23 PM
I thought this might be of your interest.
Home - Upgrading to EB2: Can I use the same job? (http://www.immigration-information.com/forums/content/155-upgrading-to-eb2-can-i-use-the-same-job.html)
Home - Upgrading to EB2: Can I use the same job? (http://www.immigration-information.com/forums/content/155-upgrading-to-eb2-can-i-use-the-same-job.html)
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Abhinaym
09-04 02:09 PM
That would be sweet I guess. My PD is Oct. 07. :)
Same here. Would like the prayers along with waitforevergc....
:D
Same here. Would like the prayers along with waitforevergc....
:D
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amits
10-09 11:55 AM
I will join as well.
more...
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a1b2c3
07-04 11:57 PM
Is this for sport or for self-protection, if you don't mind me asking. What kind of gun would it be? Just curious.
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satishku_2000
08-24 04:20 PM
Thanks so much for the info, satishku_2000. That is very good info.
My RFE, which was issued on July 20, 2007, was for my employer's ITR . My lawyer said the deadline is 12 weeks from the RFE date. I think she has not been updated on the new ruling. Now we only have up to next Friday to submit everything. I'm so so worried!!!
If you have access to the RFE from USCIS , try to get a copy of it . It should say how much time you have to respond. They will mention "On or before a date". I dont know if all the services centers have implemented the flex time response for RFE/NOIDs. Be on top of things , just dont let your lawyer or employer say anything else.
My RFE, which was issued on July 20, 2007, was for my employer's ITR . My lawyer said the deadline is 12 weeks from the RFE date. I think she has not been updated on the new ruling. Now we only have up to next Friday to submit everything. I'm so so worried!!!
If you have access to the RFE from USCIS , try to get a copy of it . It should say how much time you have to respond. They will mention "On or before a date". I dont know if all the services centers have implemented the flex time response for RFE/NOIDs. Be on top of things , just dont let your lawyer or employer say anything else.
more...
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unitednations
04-04 01:49 PM
Apologies first. Could not find a link to start a new thread but what I am mentioning below has a direct bearing on people planning/trying for H1 transfers.
**************
Is there a requirement now that an H1 transfer petition must be submitted along with a copy of the company's contract with its client and a copy of the workorder issued by the client, in the canndidate's name?
We are faced with this situation now that we are effecting a candidate's H1 transfer. Our attorney wants these documents. We have also been told that the H1 extension will be granted only till the expiration of the client work order. So if it is a 6 month position, the H1 transfer would be granted for 6 months only. Fortunately in our case it is a much longer assignment.
Has anyone of you encountered this situation or heard about it? If true, does it not mean the end of H1 transfer as we have known it?
Regards
see the link on posting #124 on this thread. there is a court case that uscis is using to justify requesting this type of information.
http://immigrationvoice.org/forum/showthread.php?t=24555&page=9
**************
Is there a requirement now that an H1 transfer petition must be submitted along with a copy of the company's contract with its client and a copy of the workorder issued by the client, in the canndidate's name?
We are faced with this situation now that we are effecting a candidate's H1 transfer. Our attorney wants these documents. We have also been told that the H1 extension will be granted only till the expiration of the client work order. So if it is a 6 month position, the H1 transfer would be granted for 6 months only. Fortunately in our case it is a much longer assignment.
Has anyone of you encountered this situation or heard about it? If true, does it not mean the end of H1 transfer as we have known it?
Regards
see the link on posting #124 on this thread. there is a court case that uscis is using to justify requesting this type of information.
http://immigrationvoice.org/forum/showthread.php?t=24555&page=9
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Munna Bhai
02-08 12:59 PM
If its been more than 180 days since your 140 was approved, can you not use AC21 to move to a new job (similar). even if the old company revokes the 140, you will get RFE/NOID and you can reply back in specified time.
correct me if i am wrong.
180 days rule don't apply to I-140 as far as I know.
correct me if i am wrong.
180 days rule don't apply to I-140 as far as I know.
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sonu_Aug_2002
02-12 01:56 PM
So far $50.
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chanduv23
07-09 02:02 PM
Be careful with Lawyers - there is a way to handle them. Remember, you may hate them for their attitude, but your approach to them should be pleasing.
You have to be very very very pleasing, praising, and kiss ass. You must kiss their ass like anything to get things done.
On the contrary - paralegals are very rude and you must be very careful dealing with them. They have the skill of triggering your anger and in most cases, you want to let the lawyer know how dissatisfied you are, and this in turn triggers Lawyer's ego.
For immigration lawyers we are the clients - but they don't work for us, they work only to extract innocent immigrant money.
They tend to side with stupid HR personnel from big companies and give them all sorts of advices on immigration and form the HR lawyer alliance. They are nice to each other and share love bites.
The best way to deal with a lawyer is - Kissssssssss asssssssss , praise them, thak them, keep them in best spirits, never get annoyed, tell them u can come over to their office if they say they are busy. You all don't need a lot of explanation - I think you understand how things work
You have to be very very very pleasing, praising, and kiss ass. You must kiss their ass like anything to get things done.
On the contrary - paralegals are very rude and you must be very careful dealing with them. They have the skill of triggering your anger and in most cases, you want to let the lawyer know how dissatisfied you are, and this in turn triggers Lawyer's ego.
For immigration lawyers we are the clients - but they don't work for us, they work only to extract innocent immigrant money.
They tend to side with stupid HR personnel from big companies and give them all sorts of advices on immigration and form the HR lawyer alliance. They are nice to each other and share love bites.
The best way to deal with a lawyer is - Kissssssssss asssssssss , praise them, thak them, keep them in best spirits, never get annoyed, tell them u can come over to their office if they say they are busy. You all don't need a lot of explanation - I think you understand how things work
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lostinbeta
10-03 01:13 PM
:::whistling:::
SPAM*INFINITY!!!!!!!!!!!!!
:::runs away again::::::
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SPAM*INFINITY!!!!!!!!!!!!!
:::runs away again::::::
:::evil chuckle in background:evil: :::
shishya
09-02 11:13 AM
When i called last time when my wife EAD got approved, they told me the address on the application. So they should know.
Did you get Soft LUD after you filed change of address? If yes, then it's probably updated.
I did not get any soft LUD. Will all the updates happening, folks getting second FP, I wanted to make sure my case is not getting delayed due to some mistake either on their or my part. If nothing else, upon changing the address using online means, USCIS should have sent me a notice in mail at my new address to confirm the change, which I did not get. Hence the query.
Did you get Soft LUD after you filed change of address? If yes, then it's probably updated.
I did not get any soft LUD. Will all the updates happening, folks getting second FP, I wanted to make sure my case is not getting delayed due to some mistake either on their or my part. If nothing else, upon changing the address using online means, USCIS should have sent me a notice in mail at my new address to confirm the change, which I did not get. Hence the query.
cram
10-09 12:16 AM
My RFE is with regards to Employer's ability to pay. Somehow, my employer hasn't submitted anything yet and the deadline is on Thurs Oct. 11. What will happen if we are not able to submit anything by the deadline? Will the app automatically get denied?
