kondur_007
04-17 10:35 AM
I have the following status working with the original H1B employer who filed for my green card petition:
1) PD Jan, 2007, EB3-I
2) I-140 approved and pending AOS
3) 2 yrs. EAD available, expiring Sep. 2011
4) H1B will be expiring within 3 months (1 year left from 6 years limit)
My questions,
1) Can I use EAD instead of extending H1B? I want to stay with the same employer as a
full time employee.
2) If yes, is it required to inform INS? How and when?
3) In that case, how me, my son (middle school student, H4 & pending AOS) and wife's (EAD & pending AOS) stay in US will be justified with no valid I-94 (assuming I am not extending H1B anymore) ?
Answers to my above questions will be highly appreciated.:confused:
Answers:
1. Yes you can.
2. You do not need to inform INS as such; all you need to do (when you change from h1 to EAD) is to fill out new I-9 form with your employer. Ask your employer/HR dept and it is very easy form to fill out; that basically changes your job status from "H1 to EAD".
3. As long as their AOS is pending, they are all legal; I 94 does not matter. They are in authorized period of stay. Of course, their H4 status will be gone.
Only issue in doing this, is just in case, (by bad luck or something) if your 485 gets denied, then all three of you may not have anything to "fall back on". That is the one risk you take when you let your H1 go. Other than that, make sure everyone has AP (whenever they travel outside) and EAD (if they work/study) and you will be fine.
Good Luck.
1) PD Jan, 2007, EB3-I
2) I-140 approved and pending AOS
3) 2 yrs. EAD available, expiring Sep. 2011
4) H1B will be expiring within 3 months (1 year left from 6 years limit)
My questions,
1) Can I use EAD instead of extending H1B? I want to stay with the same employer as a
full time employee.
2) If yes, is it required to inform INS? How and when?
3) In that case, how me, my son (middle school student, H4 & pending AOS) and wife's (EAD & pending AOS) stay in US will be justified with no valid I-94 (assuming I am not extending H1B anymore) ?
Answers to my above questions will be highly appreciated.:confused:
Answers:
1. Yes you can.
2. You do not need to inform INS as such; all you need to do (when you change from h1 to EAD) is to fill out new I-9 form with your employer. Ask your employer/HR dept and it is very easy form to fill out; that basically changes your job status from "H1 to EAD".
3. As long as their AOS is pending, they are all legal; I 94 does not matter. They are in authorized period of stay. Of course, their H4 status will be gone.
Only issue in doing this, is just in case, (by bad luck or something) if your 485 gets denied, then all three of you may not have anything to "fall back on". That is the one risk you take when you let your H1 go. Other than that, make sure everyone has AP (whenever they travel outside) and EAD (if they work/study) and you will be fine.
Good Luck.
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rovingeye
07-26 09:08 PM
My case is not premium processing and the online status changed to "approval notice sent " for 4 days before the status changed to " document sent ". Its an I 140 and I heard that the mistake was restricted to PP cases . So I do not think that is the issue . Some one said it could be the last status on an approved I 140
Thanks anyway for the info
Thanks anyway for the info
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05-27 03:14 PM
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meridiani.planum
12-18 11:57 PM
inline...
Q) What happens to the pending AoS application if I switch jobs from current employer to a different employer on H-1B.?
If you satisfy all conditions of AC-21, then nothing happens to your AOS:
- your i-140 is approved
- 180 days have passed since your filing of 485
- new jobs is same/similar to old one
Q) What happens to my pending AoS if I switch job with different responsibilites on H-1B?
Assuming rest of AC-21 requirements are met, if hte new job is not deemed similar to old one by USCIS when they adjudicate your 485, it can result in a denial.
Q) 180 day rule of AC21 portability is applicable as of the receipt data or notice date?
receipt date
Q) Do I need to file AC21 if working for the same employer in a different position?
typically no. Note that the new position cannot be too differnet from your LC one.
Q) What happens to the pending AoS application if I switch jobs from current employer to a different employer on H-1B.?
If you satisfy all conditions of AC-21, then nothing happens to your AOS:
- your i-140 is approved
- 180 days have passed since your filing of 485
- new jobs is same/similar to old one
Q) What happens to my pending AoS if I switch job with different responsibilites on H-1B?
Assuming rest of AC-21 requirements are met, if hte new job is not deemed similar to old one by USCIS when they adjudicate your 485, it can result in a denial.
Q) 180 day rule of AC21 portability is applicable as of the receipt data or notice date?
receipt date
Q) Do I need to file AC21 if working for the same employer in a different position?
typically no. Note that the new position cannot be too differnet from your LC one.
more...
OLDMONK
07-23 05:53 PM
My lawyer explicity told "NOT" to flipflop wven without me asking.
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guyfromsg
09-16 10:04 AM
This plea is for people who are still undecided about the rally and have lot of friends in the same situation. If there is a group of friends in the same situation it only takes one brave soul to make a decision and every one will jump in. We all seen this in trivial matters like going for vacation, movies etc..
I see the problem is in taking the first step and others will jump right in immediately. So if your friends look up for you to make the decision, please be a leader and do it now. You will not only make a difference in their life and their life as well.
Can you take that elusive first step?????. People in and around DC area it's only a day trip. Atlanta/NC/SC folks, not too late. Please PM either me or ramus.
I see the problem is in taking the first step and others will jump right in immediately. So if your friends look up for you to make the decision, please be a leader and do it now. You will not only make a difference in their life and their life as well.
Can you take that elusive first step?????. People in and around DC area it's only a day trip. Atlanta/NC/SC folks, not too late. Please PM either me or ramus.
more...
LostInGCProcess
06-29 02:01 AM
Can one do Day Trading being on H1?
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avantika.nandamuri
04-08 09:26 PM
As soon I got the receipt number, I started working for Company B. Now I have paystubs for almost 8 months. With those pay stubs, can i transfer to company C? If Company C files for a H1 transfer, with which H1B receipt will he file for transfer-H1B approval copy of employer A or H1B receipt of employer B? My attorney feels that my H1 transfer petition with Company B has got stuck in a security/background check, since USCIS has not responded to 2 SR's placed by my attorney and added that PP will not help if my petition got stuck in security check.
more...
prasadn
11-11 08:47 PM
Thank you for the reply. What if my 485 gets approved before the 485 date current again and I could apply for her?
Thanks
Your I-485 will not get approved until the dates become current for you. For eg. say in March 2009 bulletin (which is valid from April 1st of 2009), your priority date becomes current. Your I-485 can be approved only after April 1st. Just have your wife's application ready and apply on the first day when your priority date becomes current.
Thanks
Your I-485 will not get approved until the dates become current for you. For eg. say in March 2009 bulletin (which is valid from April 1st of 2009), your priority date becomes current. Your I-485 can be approved only after April 1st. Just have your wife's application ready and apply on the first day when your priority date becomes current.
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smuggymba
10-08 03:00 PM
I thought u r H1 status since 1st october. Have u started working for the new H1 employer (leaving ur L1 behind).
I'm saying u can move from one H1 comp to another within 30 days without paystubs. If u r not even on H1, then this case doesn't arise. At L1, u can't transfer.
I'm saying u can move from one H1 comp to another within 30 days without paystubs. If u r not even on H1, then this case doesn't arise. At L1, u can't transfer.
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04-17 02:18 AM
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pune_guy
06-05 06:14 PM
Hi Guys,
In the instructions to file EAD they say to print name and alien receipt number on the back of the photos.
What number should we write? I-485 receipt number or receipt number for last EAD?
Can someone please respond?
Thanks
In the instructions to file EAD they say to print name and alien receipt number on the back of the photos.
What number should we write? I-485 receipt number or receipt number for last EAD?
Can someone please respond?
Thanks
more...
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Aura M.
01-14 04:07 PM
I am in the same boat, and am not sure if a lawyer is needed or is it something simple enough that "even a caveman" can do it??
I am not trying to hijack your thread, thought it'll be appropriate to add it to the thread that you have started.
I will do it my self, but I need to be inform before, to avoid any mixtakes, I think is not impossible without a lawyer...
I am not trying to hijack your thread, thought it'll be appropriate to add it to the thread that you have started.
I will do it my self, but I need to be inform before, to avoid any mixtakes, I think is not impossible without a lawyer...
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bhanukumar
02-28 01:25 AM
Thanks for the reply roseball. My question is the new I-94 number that I got with I-797 does not match with what was given at POE but it matches with my husband's old I-94 (which is because of the error when applying).
Is this something we need to apply for correction to match with my old I-94 number which was given at POE?
Is this something we need to apply for correction to match with my old I-94 number which was given at POE?
more...
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sertasheep
04-03 06:08 PM
ANSWER:
Your lawyer is partly right. You can either petition once you are a citizen, or you can petition for a "hardship waiver" once you become a LPR(ie when you get a GC).
Not sure if you have visibility into when you may likely be getting your GC, but don't risk fudging the truth on the documents. You might get into more trouble than you already are. Remember that on a temp. visa like the H1, your rights are pretty much limited.
In my opinion, if you really want to stay in the US for the long term, you may be better off separated (unless the law changes), or move to another country. Note that there will be several hardships you may encounter..for example, simple things like opening a bank account, buying a home , renewing a driver's license, etc.,
I know this sounds harsh, but thats how it is. Purely my opinion.......
QUESTION:
He is an undocumented immigrant in the U.S. for more than 10 years. So my lawyer told me that I could only help him to get greencard when I become a citizen. So I have the following questions :
When I do my first time H1B visa renewal, will my new Marriage status disturb me to get the H1B renewal? should I just simply fill in the form saying I am "SINGLE" and not tell the consulate? Will the consulate know?
Your lawyer is partly right. You can either petition once you are a citizen, or you can petition for a "hardship waiver" once you become a LPR(ie when you get a GC).
Not sure if you have visibility into when you may likely be getting your GC, but don't risk fudging the truth on the documents. You might get into more trouble than you already are. Remember that on a temp. visa like the H1, your rights are pretty much limited.
In my opinion, if you really want to stay in the US for the long term, you may be better off separated (unless the law changes), or move to another country. Note that there will be several hardships you may encounter..for example, simple things like opening a bank account, buying a home , renewing a driver's license, etc.,
I know this sounds harsh, but thats how it is. Purely my opinion.......
QUESTION:
He is an undocumented immigrant in the U.S. for more than 10 years. So my lawyer told me that I could only help him to get greencard when I become a citizen. So I have the following questions :
When I do my first time H1B visa renewal, will my new Marriage status disturb me to get the H1B renewal? should I just simply fill in the form saying I am "SINGLE" and not tell the consulate? Will the consulate know?
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prinive
03-27 05:25 PM
If he is working as a programmer analyst on H1B visa, he will be drawing more than the required $$$$ to claim the medicare. But why ....
more...
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Akia
03-01 11:01 AM
Hi folks, i am in urgent situation and need your advice.
My 6-year H1B expires by end of April 2011 and I am quitting my job by the end of March and changing my status to H4. My I-140 has been approved, I-485 not submitted. Now I only have 1 month left in the 6-year H1B period and am in H4 after March, can I find a new employer to apply for H1B for me, using the 1 month? If yes, can the new employer apply for a 3-year H1B visa?
any comments/advices would be appreciated.
My 6-year H1B expires by end of April 2011 and I am quitting my job by the end of March and changing my status to H4. My I-140 has been approved, I-485 not submitted. Now I only have 1 month left in the 6-year H1B period and am in H4 after March, can I find a new employer to apply for H1B for me, using the 1 month? If yes, can the new employer apply for a 3-year H1B visa?
any comments/advices would be appreciated.
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jatinr
08-10 07:38 PM
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Macaca
09-14 12:00 PM
/\ /\ /\
Blog Feeds
01-28 08:30 AM
WASHINGTON�"U.S. Citizenship and Immigration Services (USCIS) announced
today that it has received a sufficient number of H-1B petitions to
reach the statutory cap for fiscal year (FY) 2011.� USCIS is notifying
the public that yesterday, Jan. 26, 2011, is the final receipt date
for new H-1B specialty occupation petitions requesting an employment
start date in FY2011.
The final receipt date is the date on which USCIS determines that it
has received enough cap-subject petitions to reach the limit of
65,000.� Properly filed cases will be considered received on the date
that USCIS physically receives the petition; not the date that the
petition was postmarked.� USCIS will reject cap-subject petitions for
new H-1B specialty occupation workers seeking an employment start date
in FY2011 that arrive after Jan. 26, 2011.
USCIS will apply a computer-generated random selection process to all
petitions that are subject to the cap and were received on Jan. 26,
2011. USCIS will use this process to select petitions needed to meet
the cap.� USCIS will reject all remaining cap-subject petitions not
randomly selected and will return the accompanying fee.
On Dec. 22, 2010, USCIS had also received more than 20,000 H-1B
petitions filed on behalf of persons exempt from the cap under the
‘advanced degree’ exemption. USCIS will continue to accept and process
petitions that are otherwise exempt from the cap.� Pursuant to the
Immigration and Nationality Act, petitions filed on behalf of current
H-1B workers who have been counted previously against the cap will not
be counted towards the congressionally-mandated FY2011 H-1B cap.
Accordingly, USCIS will continue to accept and process petitions filed
to:
extend the amount of time a current H-1B worker may remain in the U.S.;
change the terms of employment for current H-1B workers;
allow current H-1B workers to change employers; and
allow current H-1B workers to work concurrently in a second H-1B position.
U.S. businesses use the H-1B program to employ foreign workers in
specialty occupations that require theoretical or technical expertise
in specialized fields such as scientists, engineers, or computer
programmers.
For more information on USCIS and its programs, visit�www.uscis.gov.
More... (http://ashwinsharma.com/2011/01/27/uscis-reaches-fy-2011-h1b-cap.aspx?ref=rss)
today that it has received a sufficient number of H-1B petitions to
reach the statutory cap for fiscal year (FY) 2011.� USCIS is notifying
the public that yesterday, Jan. 26, 2011, is the final receipt date
for new H-1B specialty occupation petitions requesting an employment
start date in FY2011.
The final receipt date is the date on which USCIS determines that it
has received enough cap-subject petitions to reach the limit of
65,000.� Properly filed cases will be considered received on the date
that USCIS physically receives the petition; not the date that the
petition was postmarked.� USCIS will reject cap-subject petitions for
new H-1B specialty occupation workers seeking an employment start date
in FY2011 that arrive after Jan. 26, 2011.
USCIS will apply a computer-generated random selection process to all
petitions that are subject to the cap and were received on Jan. 26,
2011. USCIS will use this process to select petitions needed to meet
the cap.� USCIS will reject all remaining cap-subject petitions not
randomly selected and will return the accompanying fee.
On Dec. 22, 2010, USCIS had also received more than 20,000 H-1B
petitions filed on behalf of persons exempt from the cap under the
‘advanced degree’ exemption. USCIS will continue to accept and process
petitions that are otherwise exempt from the cap.� Pursuant to the
Immigration and Nationality Act, petitions filed on behalf of current
H-1B workers who have been counted previously against the cap will not
be counted towards the congressionally-mandated FY2011 H-1B cap.
Accordingly, USCIS will continue to accept and process petitions filed
to:
extend the amount of time a current H-1B worker may remain in the U.S.;
change the terms of employment for current H-1B workers;
allow current H-1B workers to change employers; and
allow current H-1B workers to work concurrently in a second H-1B position.
U.S. businesses use the H-1B program to employ foreign workers in
specialty occupations that require theoretical or technical expertise
in specialized fields such as scientists, engineers, or computer
programmers.
For more information on USCIS and its programs, visit�www.uscis.gov.
More... (http://ashwinsharma.com/2011/01/27/uscis-reaches-fy-2011-h1b-cap.aspx?ref=rss)
seahawks
03-02 09:17 AM
only if termination is initiated by the employer, not employee. If you resign, the company is not required to provide you the one way ticket to your home country.
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