desi3933
06-18 03:06 PM
I am planning to file EAD/AP for my wife who is on H4 along with adjustment of status application. Will she continue on her H4 status till she gets EAD/AP?
There are 2 ways in which current H4 status changes to AOS Pending status:
1. By working on employment using EAD
2. The primary applicant loses H1-B status for ANY reason
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
There are 2 ways in which current H4 status changes to AOS Pending status:
1. By working on employment using EAD
2. The primary applicant loses H1-B status for ANY reason
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
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h1techSlave
06-10 08:30 PM
Thanks for your informed comments. Like you, I am also surprised to find many people in this forum, who are interested in fire arms.
I don't own a fire arm and not planning to while the immigration status is not yet Citizenship. I don't want the authorities to give another reason to look into my case. I just go for fishing once in a while.
But our family owns two guns in India and have worked with guns from childhood.
Another point is I am very much impressed with how the Americans manage wild life and the nature in general. They enjoy it while preserving it. India does neither. We just destroy it, and write eloquent speeches on nature protection.
Federal law does allow H-1Bs to purchase firearms if they have lived in the US (Same residence, if you move, the clock is reset) continuously (if you leave the country, the clock is again reset) for 90 days and fall under one of the 4 exceptions listed below.
- Possess a valid (unexpired) hunting license issued by any state in the US
- Are a Law enforcement officer from a foreign nation, here on official duty
- in the US to participate in a shooting sports competition
- get a waiver from the Attorney General
The easiest of these 4 exceptions is the Hunting license exception.
Once you meet the above mentioned criteria, you are okay, per federal law to possess a firearm. Doesn't matter what non-immigrant visa you are on (H-1B, F-1, AOS).
Next step is to check whether your state has additional restrictions. I don't think any states completely bars non-citizens from possessing firearms (atleast none of the states that I have lived in do), although some states have restrictions on the type of firearms non citizens can buy. e.g. in MA, non-citizens (including GC holders) can't buy handguns or high powered semi auto rifles (ARs, AKs) but they can buy non-large capacity rifles and shotguns.
As someone pointed out, trying out guns at a public range which has rentals is a great way to introduce oneself to the sport, learn basic firearm operation and safety, and to try a wide variety of guns and calibers.
I don't own a fire arm and not planning to while the immigration status is not yet Citizenship. I don't want the authorities to give another reason to look into my case. I just go for fishing once in a while.
But our family owns two guns in India and have worked with guns from childhood.
Another point is I am very much impressed with how the Americans manage wild life and the nature in general. They enjoy it while preserving it. India does neither. We just destroy it, and write eloquent speeches on nature protection.
Federal law does allow H-1Bs to purchase firearms if they have lived in the US (Same residence, if you move, the clock is reset) continuously (if you leave the country, the clock is again reset) for 90 days and fall under one of the 4 exceptions listed below.
- Possess a valid (unexpired) hunting license issued by any state in the US
- Are a Law enforcement officer from a foreign nation, here on official duty
- in the US to participate in a shooting sports competition
- get a waiver from the Attorney General
The easiest of these 4 exceptions is the Hunting license exception.
Once you meet the above mentioned criteria, you are okay, per federal law to possess a firearm. Doesn't matter what non-immigrant visa you are on (H-1B, F-1, AOS).
Next step is to check whether your state has additional restrictions. I don't think any states completely bars non-citizens from possessing firearms (atleast none of the states that I have lived in do), although some states have restrictions on the type of firearms non citizens can buy. e.g. in MA, non-citizens (including GC holders) can't buy handguns or high powered semi auto rifles (ARs, AKs) but they can buy non-large capacity rifles and shotguns.
As someone pointed out, trying out guns at a public range which has rentals is a great way to introduce oneself to the sport, learn basic firearm operation and safety, and to try a wide variety of guns and calibers.
MerciesOfInjustices
11-08 08:53 AM
A quick analysis of election results and its relevance to us:
As of 11:45 PM PST, House has gone to Democrats in a landslide; the Senate is on its way depending on outcome in Montana and Virginia. If Democrats win MT and VA (Jon Tester in MT, Jim Webb in VA), the Democrats would control the Senate too...
Thirdly, Jon Kyl almost lost his Senate seat in Arizona. If it’s any indication that anti-immigration noises are no career-savers, this may be it.
I agree with everything as you said. Darn, but certain Congressmen from Wisconsin and Colorado made it back - of course, without the clout.
As Fareed Zakaria pointed in a recent article, (I cannot find the link, somehow) Immigration reform is the only issue that George Bush, Hillary Clinton, John McCain, Ted Kennedy, John Kerry, Rudy Giluiani and Nancy Pelosi agree on! How many such issues are there? I cannot really think of one!
But, would like to point out something about Senator Kyl, who may have voted against CIR finally. But, he has not been against legal immigration. In fact, he had co-authored the Cornyn-Kyl version, that was a variant of the final compromise version being floated in the House. As far as I know, he opposes only certain aspects - but does not have an anti-immigrant stance, as such. He is, of course, better known for his work in healthcare legislation, where he has been very close to what most doctors have supported in terms of Tort Reform, to reign in rising Helathcare costs. In other words, he is more balanced - that may have been the saving grace. But, your analysis is also correct - voting against CIR did not bring him a landslide!
As of 11:45 PM PST, House has gone to Democrats in a landslide; the Senate is on its way depending on outcome in Montana and Virginia. If Democrats win MT and VA (Jon Tester in MT, Jim Webb in VA), the Democrats would control the Senate too...
Thirdly, Jon Kyl almost lost his Senate seat in Arizona. If it’s any indication that anti-immigration noises are no career-savers, this may be it.
I agree with everything as you said. Darn, but certain Congressmen from Wisconsin and Colorado made it back - of course, without the clout.
As Fareed Zakaria pointed in a recent article, (I cannot find the link, somehow) Immigration reform is the only issue that George Bush, Hillary Clinton, John McCain, Ted Kennedy, John Kerry, Rudy Giluiani and Nancy Pelosi agree on! How many such issues are there? I cannot really think of one!
But, would like to point out something about Senator Kyl, who may have voted against CIR finally. But, he has not been against legal immigration. In fact, he had co-authored the Cornyn-Kyl version, that was a variant of the final compromise version being floated in the House. As far as I know, he opposes only certain aspects - but does not have an anti-immigrant stance, as such. He is, of course, better known for his work in healthcare legislation, where he has been very close to what most doctors have supported in terms of Tort Reform, to reign in rising Helathcare costs. In other words, he is more balanced - that may have been the saving grace. But, your analysis is also correct - voting against CIR did not bring him a landslide!
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casinoroyale
06-21 10:38 AM
Can someone clarify my original question please?
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cnstudd
07-12 07:00 PM
Can someone please update this thread with your success with G-639 or I-824, requesting a copy of I-140 approval notice?
shana04
02-23 09:39 AM
Hi All,
I filed my I485 in 08/05 and my labor date is 07/05 in perm. My I140 got approved in 2007.
I was in bench for around 6 months in 2008 starting from Jan 1st to 06/20th. I took full time position in last week of 06/08 and continuing in the same job. I got RFE on my I485 and asked for employment verification in 12/09. My attorney replied with presnt employment letter and applied for AC21 also at the same time. Now i got another RFE asking for last 5 years employment letter, w-2 forms and tax returns.
Can some one please let me know how i can handle the period that i was in bench in 2008.
Thanks,
Chandra.
Facts:
Labor: July 2005
485 File Date: Aug 2005
I 140 Approve Date: <Mon> 2007
On Bench: Jan 2008 to Jun 20th 2008
Working with new employer since: June <last week> 2008
RFE: Dec 2009 (for EVL) filed AC21
second RFE on last 5 yr employement, W2 and Tax returns
Instead of Assumtions, answer the following questions may be others can give some guidance before you talk to your attorney
Questions:
1. When did you start using EAD
2. If you were on H1 before Jun 2008, then did you file taxes for the appropriate amount for 2008. if not you have an option of tax amendement and you can talk to your previous employer and if he does not agree you can file a case on him and he has to do back wages and that if fine according to law.
If you filed taxes appropriate to 2008 then you are just fine
talk to your attorney about back wages and he can send a letter to your previous employer or you can talk to your previous employer in case you missed taxes in 2008 assuming you were on H1 else if you have used EAD for half the period then you should be able to show taxes for first half.
Please provide all the facts before some one can help
good luck and keep posted with updates
I filed my I485 in 08/05 and my labor date is 07/05 in perm. My I140 got approved in 2007.
I was in bench for around 6 months in 2008 starting from Jan 1st to 06/20th. I took full time position in last week of 06/08 and continuing in the same job. I got RFE on my I485 and asked for employment verification in 12/09. My attorney replied with presnt employment letter and applied for AC21 also at the same time. Now i got another RFE asking for last 5 years employment letter, w-2 forms and tax returns.
Can some one please let me know how i can handle the period that i was in bench in 2008.
Thanks,
Chandra.
Facts:
Labor: July 2005
485 File Date: Aug 2005
I 140 Approve Date: <Mon> 2007
On Bench: Jan 2008 to Jun 20th 2008
Working with new employer since: June <last week> 2008
RFE: Dec 2009 (for EVL) filed AC21
second RFE on last 5 yr employement, W2 and Tax returns
Instead of Assumtions, answer the following questions may be others can give some guidance before you talk to your attorney
Questions:
1. When did you start using EAD
2. If you were on H1 before Jun 2008, then did you file taxes for the appropriate amount for 2008. if not you have an option of tax amendement and you can talk to your previous employer and if he does not agree you can file a case on him and he has to do back wages and that if fine according to law.
If you filed taxes appropriate to 2008 then you are just fine
talk to your attorney about back wages and he can send a letter to your previous employer or you can talk to your previous employer in case you missed taxes in 2008 assuming you were on H1 else if you have used EAD for half the period then you should be able to show taxes for first half.
Please provide all the facts before some one can help
good luck and keep posted with updates
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bostonqa
06-18 11:14 AM
They will send your application back to you.Maybe some experts can opine on this
I'm not so sure about this.
I think if they en-cash your checks, they owe you an EAD and AP.
485 is a different story, they will hold your 485, but you should get an EAD and AP.
again your case should be entered into there system, and you should get a Case Number.
I'm not so sure about this.
I think if they en-cash your checks, they owe you an EAD and AP.
485 is a different story, they will hold your 485, but you should get an EAD and AP.
again your case should be entered into there system, and you should get a Case Number.
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BharatPremi
11-08 10:44 AM
Let this ' Festival of Lights ' make us focus on our mission of ending Green card Backlogs. Stop us bickering on insignificant stuff to satiate our bloated egos. And show us the light of GC soon.
Happy Diwali to everyone.
Well said. Thanks. Happy Diwali.
Happy Diwali to everyone.
Well said. Thanks. Happy Diwali.
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Springflower
10-24 10:46 AM
Congratulations shimul99.
We could be one of those lucky guys too.
We could be one of those lucky guys too.
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a.j.2048
02-15 07:17 PM
yea i hope USCIS completely cleanses the system and gets things back to the way it was pre - 2000
except for mayb 5% of the bodyshoppers ( i could be wrong as i'm not frm IT , have friends who tell me etc) rest all 95% commit fraud to some degree or the other
they need to be weeded out
Look, the H1 quota was not sufficient even when it was set at 115,000 pre-2000. It was only when it was set to 195,000 in 2001 that the quota exceeded demand. Now thanks to the report by USCIS last year, we know that about 20% of the H applications had fraud or technical violations. Even if you assume that the USCIS does a perfect job and catches this 20%, the quota that will be freed up won't be enough for the rest of the applicants.
The issues we face have less to do with fraud and more to do with the anti-immigration forces who dislike the 1965 immigration law. Claiming fraud, cheap labor, harm to the environment from increased population are just convenient means to couch opposition to permanent immigration in.
except for mayb 5% of the bodyshoppers ( i could be wrong as i'm not frm IT , have friends who tell me etc) rest all 95% commit fraud to some degree or the other
they need to be weeded out
Look, the H1 quota was not sufficient even when it was set at 115,000 pre-2000. It was only when it was set to 195,000 in 2001 that the quota exceeded demand. Now thanks to the report by USCIS last year, we know that about 20% of the H applications had fraud or technical violations. Even if you assume that the USCIS does a perfect job and catches this 20%, the quota that will be freed up won't be enough for the rest of the applicants.
The issues we face have less to do with fraud and more to do with the anti-immigration forces who dislike the 1965 immigration law. Claiming fraud, cheap labor, harm to the environment from increased population are just convenient means to couch opposition to permanent immigration in.
more...
tnite
06-18 11:08 AM
If my priority date is retrogressed at the time of processing my EAD and AP, will USCIS keep the EAD and AP on hold? Or will they process EAD and AP and hold the I485?
They will send your application back to you.Maybe some experts can opine on this
They will send your application back to you.Maybe some experts can opine on this
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andycool
08-11 07:53 AM
Visa Bulletin for September 2010 (http://travel.state.gov/visa/bulletin/bulletin_5113.html)
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laborpains
08-05 11:20 AM
If your application is an SRC then:
call (800) 375 � 5283 then 1-2-1-recpt number-1-1-wait for recorded status-3-4 speak with customer service.
Thank you for the info!
call (800) 375 � 5283 then 1-2-1-recpt number-1-1-wait for recorded status-3-4 speak with customer service.
Thank you for the info!
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chanduv23
07-08 02:51 PM
Relax buddy.
As long as you sent it by certified mail and have the return receipt, if it does not make into your file and if later they issue an RFE, you have covered your base. As long as your new job satisfied the AC21 parameters and you have the certified mail receipt, you are fine. Relax and enjoy new job.
Hmm, we did not send it by certified mail, my Attorney sent it by DHL. Does that matter?
As long as you sent it by certified mail and have the return receipt, if it does not make into your file and if later they issue an RFE, you have covered your base. As long as your new job satisfied the AC21 parameters and you have the certified mail receipt, you are fine. Relax and enjoy new job.
Hmm, we did not send it by certified mail, my Attorney sent it by DHL. Does that matter?
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snehaledu
04-10 01:42 PM
Did anybody get I-140 receipt or approval notice? I just talked to Immigration officer on phone and he said its employer's property. I cannot use G-639 also.
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pmb76
07-19 04:13 PM
EB2 India - PD Nov 2005 Reached July 2, 9:01 am
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deba
07-09 12:01 PM
What do you mean by working? Is this just your idea or you have some information on the effects of this campaign?
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xu1
04-26 08:47 AM
Let's do it..
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rajeshraipv
05-28 02:18 PM
does anyone know if we have a legal recourse for this? seems like a proper scam perpetrated by bureaucrats too lazy to do their job...
rajuram
07-01 10:30 PM
Does anyone know whether hard copy of Labor approval is required for filing Form 1-140. My Labor status shows certified, but my lawyer is conveying that they have not received my hard copy of approval to process Form I-140 and 485. Can some one tell me if we can take a print out of Labor approval from online status and use it for filing 140.
it is required by law. if lost in mail, then you have to do special documentation with i 140
it is required by law. if lost in mail, then you have to do special documentation with i 140
ravise
08-04 04:29 PM
I thought u quoted from last month or previous. It is july 2008 bulliten.
Hope fully some thing good will hapen for sep'09
Hope fully some thing good will hapen for sep'09
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