a_yaja
06-22 10:04 AM
1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st
Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.
SO the question is:
As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?
Please advise.
My understanding is that the COS is from H4 to H1. If you wife uses EAD to work, she will no longer be on H4 status. So, to get to the H1 status, she will leave the country and enter once again on H1. I think that is what desi3939 is also saying.
You should however consult a lawyer and get his/ her opinion. Everthing else is not legal advice and you should not go by our opinions.
Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.
SO the question is:
As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?
Please advise.
My understanding is that the COS is from H4 to H1. If you wife uses EAD to work, she will no longer be on H4 status. So, to get to the H1 status, she will leave the country and enter once again on H1. I think that is what desi3939 is also saying.
You should however consult a lawyer and get his/ her opinion. Everthing else is not legal advice and you should not go by our opinions.
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skothuru
06-21 12:03 PM
Congratulations!!!!!
Would you plz confirm us on the Birth Certificate?
Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.
Would you plz confirm us on the Birth Certificate?
Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.
flex
10-02 06:23 PM
Aha - do you have a firewall with browser privacy, like Zone Alarm or Norton?
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greencardvow
07-17 05:36 PM
I filed 485 on July 2 2007 through Company 1. I left the Company 1 on July 7 2007. Company 2 had filed for PERM in June that had an approval on July 16 2007. I wana apply for 140/485 through Company 2 (concurrent filing) by this July 2007. Can I have 2 pending 485 application? I dont have the receipt for 1st 485 as it was just filed on July 2.
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Steven-T
February 12th, 2004, 12:10 PM
Steve will you just give up this Facade! You know your gonna go the way of the mighty CANON. You know you want it! You've been trying to convince yourself for so long that you can stick with Nikon mount. But thats just it you need to convince yourself not to get Canon!!
FEEL THE FORCE obiwan!! :D:D:D:D:D
Its gonna happen sooner or later. might as not waste any more time HAHAHAHAHA
Oh, ISO 6---> buy ND filters!
Scott
I am trying to convince myself Canon will sell the 1Ds for $5,500 on April 1, throwing in a free 24-70/2.8L, in order to compete against the revived (and proven by then) all mighty King of the Hills Kodak DSC PRO SLR/n. LOL.
Steven
FEEL THE FORCE obiwan!! :D:D:D:D:D
Its gonna happen sooner or later. might as not waste any more time HAHAHAHAHA
Oh, ISO 6---> buy ND filters!
Scott
I am trying to convince myself Canon will sell the 1Ds for $5,500 on April 1, throwing in a free 24-70/2.8L, in order to compete against the revived (and proven by then) all mighty King of the Hills Kodak DSC PRO SLR/n. LOL.
Steven
drak70
10-01 11:05 AM
USCIS treats g-28 form so seriously that always requires it in original. In the form is a column
=======
PURSUANT TO THE PRIVACY ACT OF 1974, I HEREBY CONSENT TO THE DISCLOSURE TO THE FOLLOWING NAMED ATTORNEY OR REPRESENTATIVE OF ANY RECORD PERTAINING TO ME WHICH APPEARS IN ANY IMMIGRATION AND
NATURALIZATION SERVICE SYSTEM OF RECORDS:
(Name of Attorney or Representative)
THE ABOVE CONSENT TO DISCLOSURE IS IN CONNECTION WITH THE FOLLOWING MATTER:
=======
Which is plain English is your authorisation under PRIVACY ACT OF 1974 for your attorney to represent you
I would assume that you send a certified letter/fax to an attorney telling him that you no longer represent him in any way under PRIVACY ACT OF 1974.period. with copy to USCIS
I think no attorney can continue to represent your interest once you tell him not to without proper authorisation.(it will invite sanction from the Bar and USCIS
============not a legal advice===========
=======
PURSUANT TO THE PRIVACY ACT OF 1974, I HEREBY CONSENT TO THE DISCLOSURE TO THE FOLLOWING NAMED ATTORNEY OR REPRESENTATIVE OF ANY RECORD PERTAINING TO ME WHICH APPEARS IN ANY IMMIGRATION AND
NATURALIZATION SERVICE SYSTEM OF RECORDS:
(Name of Attorney or Representative)
THE ABOVE CONSENT TO DISCLOSURE IS IN CONNECTION WITH THE FOLLOWING MATTER:
=======
Which is plain English is your authorisation under PRIVACY ACT OF 1974 for your attorney to represent you
I would assume that you send a certified letter/fax to an attorney telling him that you no longer represent him in any way under PRIVACY ACT OF 1974.period. with copy to USCIS
I think no attorney can continue to represent your interest once you tell him not to without proper authorisation.(it will invite sanction from the Bar and USCIS
============not a legal advice===========
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corleone
11-13 09:30 AM
Well friend.. If you are not aware of any specific culture or any nation's tradition in specific, then please dont comment anything.
Happy Diwali was targeted for the readers who cared to understand it at the first place. and BTW you NEVER answer any of his questions to start with..
Directing a newcomer to Google search is NOT a intelligent answer if you thought you answered any of his questions..
Never mind.. I think you got my message.
First off, I did answer his question, read my first post.
Second, directing to the google didn't come from me, he is the one who pointed me out to the google, I just copy/past his answer in my reply!!!
Happy Diwali was targeted for the readers who cared to understand it at the first place. and BTW you NEVER answer any of his questions to start with..
Directing a newcomer to Google search is NOT a intelligent answer if you thought you answered any of his questions..
Never mind.. I think you got my message.
First off, I did answer his question, read my first post.
Second, directing to the google didn't come from me, he is the one who pointed me out to the google, I just copy/past his answer in my reply!!!
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raj2007
06-28 01:20 PM
Why do you think it is good news? Same Senators will be there in the Senate. Do you think they will accept skil? Not only skil any major immigration bill like AGRI, DREAM act will be stalled till next election.
It seems all immigration bill are dead till nov. 2008. I donot see any bill will pass in this Senate.
It seems all immigration bill are dead till nov. 2008. I donot see any bill will pass in this Senate.
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Munna Bhai
01-08 03:25 PM
How about two differrent dates for getting the visa stampped? Husband will go on one date and wife on another date, will this work? And they have kid born in INDIA. Any chance !!
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Alabaman
08-02 08:56 PM
H:confused: ow do you all get around with "there has to be no US citizen that is able or willing to take up the job" thing?
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vxg
07-27 03:10 PM
Thanks. I will ask my employer if they can provide me one.
My employer has sent me a copy of I-140 approval and i got a letter from Dallas BEC stating my labor was approved.
My employer has sent me a copy of I-140 approval and i got a letter from Dallas BEC stating my labor was approved.
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ps57002
09-30 08:37 AM
My PERM approval came through Aug 14, so all done in a hurry. 140/485 (concurrent-mailed) /ead/ap sent aug 16th, received on aug 17.
Since it was done quickly, couldn't wait for PERM hard copy approval (came 1 wk later), 140 was submitted without PERM approval hard copy. lawyer included printout of ETA 9089 approval/form from online with OBM approval number on it, signed by me/employer. Also included screen shot from DOLETA of perm approval.
My question...from anyone else's experience/info
Will I get a RFE for the PERM LC hard copy or a rejection?
How does that affect my pending EAD/485? think i know answer..all goes down, right?
I hope I get a RFE, not rejectiong on 140.
anyone have any info, experience, please share..
Since it was done quickly, couldn't wait for PERM hard copy approval (came 1 wk later), 140 was submitted without PERM approval hard copy. lawyer included printout of ETA 9089 approval/form from online with OBM approval number on it, signed by me/employer. Also included screen shot from DOLETA of perm approval.
My question...from anyone else's experience/info
Will I get a RFE for the PERM LC hard copy or a rejection?
How does that affect my pending EAD/485? think i know answer..all goes down, right?
I hope I get a RFE, not rejectiong on 140.
anyone have any info, experience, please share..
more...
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paskal
07-14 05:34 PM
that makes sense
but what about Korea?
How come we do not have an EB2 or EB3 Korea retrogressed?
that's not nurses...
but what about Korea?
How come we do not have an EB2 or EB3 Korea retrogressed?
that's not nurses...
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MetteBB
05-11 01:51 PM
and finally... the apples again
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vin13
03-16 01:00 PM
I think NSC does process cases even though they are not within the priority date. This way they can pre-adjudicate cases. By doing this they can quickly issue GC when the date moves ahead.
During processing if they have any questions, they could issue a RFE.
During processing if they have any questions, they could issue a RFE.
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overhere
07-18 08:08 AM
Schedule A visa is not available. Schedule A simply means that we are exempted from LC. All we need is to file I-140 concurrent with I-485/EAD/AP.
Our visa is also EB3.
Now, the question is whether we need to get July priority date or we can get an August priority date and also qualified under this scheme?
i know what schedule a is. i just thought it's no longer available since it's not published on the visa bulletin.
as for your question, i think you're referring to july or august visa bulletin. all those who are qualified to file 485 (concurrently with 140 or not) are covered under the original july visa bulletin as long as the application is received on or before august 17th.
from: http://blogs.ilw.com/gregsiskind/
"For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion."
Our visa is also EB3.
Now, the question is whether we need to get July priority date or we can get an August priority date and also qualified under this scheme?
i know what schedule a is. i just thought it's no longer available since it's not published on the visa bulletin.
as for your question, i think you're referring to july or august visa bulletin. all those who are qualified to file 485 (concurrently with 140 or not) are covered under the original july visa bulletin as long as the application is received on or before august 17th.
from: http://blogs.ilw.com/gregsiskind/
"For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion."
more...
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GCwaitforever
09-19 09:43 AM
You can start Greencard application in EB2 after receiving the MS degree in December 2006. H-1B and GC are two separate entities.
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sanju
03-23 11:54 PM
Here is someone. Following is quoted from some other thread.
Thanks! Can I speak with the Washington Post reporter? I have a lot to say on this issue. Just give me that chance.
.
Thanks! Can I speak with the Washington Post reporter? I have a lot to say on this issue. Just give me that chance.
.
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bindas74
02-05 12:00 AM
If you applied for I-485 on/before August 17th 2007 (Extended deadline after the July 2007 visa bulletin fiasco), you fall into the old fee structure. This means you will have to pay renewal fees for EAD/AP based on your I-485. Hope this helps.
Gurus,
I have a similar question. I filed for my 485 in June 2007. But, did not file for EAD at that time. However, I filed for my EAD in March 2008 with the new filing fee i.e $340. My EAD is up for renewal (it's valid till Jun 12th...but considering the 3 month wait time, I am plannig to file it around 13th of this month ).
Since I have already filed with the new fee structure I am hoping I dont have to pay any fees , right? But, I dont see any instructions to that extent. Can any one please point me to the right link or document?
Regards
Gurus,
I have a similar question. I filed for my 485 in June 2007. But, did not file for EAD at that time. However, I filed for my EAD in March 2008 with the new filing fee i.e $340. My EAD is up for renewal (it's valid till Jun 12th...but considering the 3 month wait time, I am plannig to file it around 13th of this month ).
Since I have already filed with the new fee structure I am hoping I dont have to pay any fees , right? But, I dont see any instructions to that extent. Can any one please point me to the right link or document?
Regards
WillIBLucky
06-21 12:08 PM
Congratulations!!!!!
Would you plz confirm us on the Birth Certificate?
Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.
You would need afidavits from your parents and a close relative. IF you dont have a birth certificate with your name, registered on the day you were born and the certificate is dated close to your dob then you WILL need afidavits.
It very simple, just send the format by mail to your parents and ask them to buy stamp papers and get it typed and then sign in front of notory and notory will attest and sign. Then ask them to scan it and send it to you. You just take a print out and give it to your lawyer including your birth certificate you took in 2005.
Good Luck!
Would you plz confirm us on the Birth Certificate?
Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.
You would need afidavits from your parents and a close relative. IF you dont have a birth certificate with your name, registered on the day you were born and the certificate is dated close to your dob then you WILL need afidavits.
It very simple, just send the format by mail to your parents and ask them to buy stamp papers and get it typed and then sign in front of notory and notory will attest and sign. Then ask them to scan it and send it to you. You just take a print out and give it to your lawyer including your birth certificate you took in 2005.
Good Luck!
lostinbeta
09-06 02:19 PM
I started with 6. It isn't THAT much of an upgrade from 6. It does have a few little features that I like, like dynamic brushes that change direction and color.
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