sircaustic
10-18 10:43 PM
I applied on 7/26 for seventh year H1-B renewal and extension of stay. I concurrently filed I-539 for Extension of Stay for family. Six years of H-1 and related I-94 expired on 10/8 and since then I have been working under the 240 day grace period rule.
Here are some other facts:
- I have an approved I-140 filed and approved back in 2007
-I-485 was filed during the 2007 July-August wave
-I do have an EAD valid until November 2011 but I have never used it. I have always maintained my H-1 status.
-My wife also has an EAD that expires end of this week. I-765 Application to renew her EAD was filed more than 75 days ago for which we requested an expedite request. She has never worked before although her first EAD was approved three years ago.
My questions:
1. What happens if USCIS denies my employer's petition for H-1b extension? Will I be out of status immediately after? Does having an EAD provide me any insulation?
2. What about other people here those who are working on EAD? How are they maintaining their status? Are they required to file extension of stay application?
3. Do you think approval of my wife's EAD renewal is tied to the pending I-539?
4. What about my children? In the event my application for H-1 renewal is denied, will they be out of status immediately after? Are there any steps I can take to ensure this does not happen
Sorry for too many questions and thank you in advance to those who will respond.
Here are some other facts:
- I have an approved I-140 filed and approved back in 2007
-I-485 was filed during the 2007 July-August wave
-I do have an EAD valid until November 2011 but I have never used it. I have always maintained my H-1 status.
-My wife also has an EAD that expires end of this week. I-765 Application to renew her EAD was filed more than 75 days ago for which we requested an expedite request. She has never worked before although her first EAD was approved three years ago.
My questions:
1. What happens if USCIS denies my employer's petition for H-1b extension? Will I be out of status immediately after? Does having an EAD provide me any insulation?
2. What about other people here those who are working on EAD? How are they maintaining their status? Are they required to file extension of stay application?
3. Do you think approval of my wife's EAD renewal is tied to the pending I-539?
4. What about my children? In the event my application for H-1 renewal is denied, will they be out of status immediately after? Are there any steps I can take to ensure this does not happen
Sorry for too many questions and thank you in advance to those who will respond.
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frostrated
09-09 03:52 PM
My case was approved on Aug 19, 2010. I received my card on Aug 26, 2010.
Unfortunately, The EAD card had a wrong start date. I have sent my cards back for correction on Sept 2, 2010.
(I do have approval e-mail of my cards and the case.)
So, Question is, Can I work while my cards come back with the correct date. I don't have receipt of the replacement cards in my hand yet.
Please let me know.
Thanks,
Samir
you need to be in possession of the card to work. the fact that you sent the card back does not make you eligible to work, as the card had dates that were wrong. what were the wrong dates? you can work only for the dates that the card was approved for, provided you have the card in your possession.
Unfortunately, The EAD card had a wrong start date. I have sent my cards back for correction on Sept 2, 2010.
(I do have approval e-mail of my cards and the case.)
So, Question is, Can I work while my cards come back with the correct date. I don't have receipt of the replacement cards in my hand yet.
Please let me know.
Thanks,
Samir
you need to be in possession of the card to work. the fact that you sent the card back does not make you eligible to work, as the card had dates that were wrong. what were the wrong dates? you can work only for the dates that the card was approved for, provided you have the card in your possession.
s416504
06-24 11:16 AM
Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD
On June 17, 2009, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested.
Received RFE through mail, It says G-325 form missing. Don't know how will that miss?
Our EB3 PD is JUL-06 then why RFE now? Shouid I reply RFE by just G-325 to USCIS or whole I-485 package again?
On June 17, 2009, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested.
Received RFE through mail, It says G-325 form missing. Don't know how will that miss?
Our EB3 PD is JUL-06 then why RFE now? Shouid I reply RFE by just G-325 to USCIS or whole I-485 package again?
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validIV
03-17 08:23 PM
Talk to the school's immigration dept or an immigration lawyer to begin your change of status to F-1. You must do this immediately. Since you are on H-1 technically the moment you lose your employment you will be out of status.
http://travel.state.gov/visa/temp/types/types_1269.html
http://travel.state.gov/visa/temp/types/types_1269.html
more...
Can2004
08-03 10:59 PM
Hi All,
My LC was approved recently(PD June 2004). The location/office for which my LC was initially filed was closed recently.
My company(which has offices all over states) has another locations/Offices in the same metropolitan area.The company attorney is saying that they can use my approved LC to file my I-140(and I-485 concurrently) for another location in the same area as long as it is within commuting distance of the original location.
Was wondering if anyone knows about this?
Thanks
My LC was approved recently(PD June 2004). The location/office for which my LC was initially filed was closed recently.
My company(which has offices all over states) has another locations/Offices in the same metropolitan area.The company attorney is saying that they can use my approved LC to file my I-140(and I-485 concurrently) for another location in the same area as long as it is within commuting distance of the original location.
Was wondering if anyone knows about this?
Thanks
austingc
05-06 11:25 AM
Can someone, renew their EAD while outside of the country?
more...
adde72
03-28 08:21 PM
I am in the same situation . The responses from the lawyer are Incorrect .I spoke to my companies attorney and they advised me to apply the H4 extension in Premium and then go with the new H1 in regular so that your H4 ext will be approved first and able to maintain the status until Oct 07
2010 girlfriend Quizzing your
SlowRoasted
04-24 10:28 PM
not bad dude;)
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foobar2001
02-11 02:44 AM
thanks for the quick response. thats what i thought too -- seeing a tax consultant makes sense...
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mirage41
09-16 03:30 PM
does it count if the same person calls multiple times? Do they track the phone number? I wonder...
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go_gc_way
06-01 04:09 PM
I think ariticle rightly said "We are overlooked". This is a great article that high lights problems of us.
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Munna Bhai
11-01 06:56 AM
Hello,
My labour got approved but we still have to file for I-140. My h1b is going to expire on May 2007.
Can I get H1b extension based on Labour approval? If not, is it necessary to file I-140 soon.
Thanks in-advance for any update.
My labour got approved but we still have to file for I-140. My h1b is going to expire on May 2007.
Can I get H1b extension based on Labour approval? If not, is it necessary to file I-140 soon.
Thanks in-advance for any update.
more...
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pokiri
07-08 10:51 PM
Hi,
My wife got her H1B in Oct 2008. But could not work until date.
We want to get her H1B transferred back to H4. There are NO pay stubs for her.
I am on H1B with job. And I have my pay stubs.
Will there be any problem in her H1B to H4 transfer without her pay stubs ?
Thank you.
My wife got her H1B in Oct 2008. But could not work until date.
We want to get her H1B transferred back to H4. There are NO pay stubs for her.
I am on H1B with job. And I have my pay stubs.
Will there be any problem in her H1B to H4 transfer without her pay stubs ?
Thank you.
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aspire_sam
12-04 09:13 PM
As per the new regulation, you can apply for VISA in any consulate in INDIA. This removes the ambiguity of choosing/justify the choice of a different consulate other than the one in your consular district. Refer to the link below. Hope this helps!!!
MurthyDotCom : Visa Applications in India - Flexible Choice of Consulate (http://www.murthy.com/news/n_visflx.html)
MurthyDotCom : Visa Applications in India - Flexible Choice of Consulate (http://www.murthy.com/news/n_visflx.html)
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sanju_dba
09-16 01:50 PM
found this
245(i) Cases Will not effect EB3 or EB2 Numbers - ImmigrationPortal Forums (http://forums.immigration.com/showthread.php?t=204516)
245(i) Cases Will not effect EB3 or EB2 Numbers - ImmigrationPortal Forums (http://forums.immigration.com/showthread.php?t=204516)
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WeShallOvercome
07-18 01:00 PM
Looks like I am the only one in this situation... rough!
No my friend , you are not alone here.
My employer did not allow us to file EAD and AP for employees. Only for spouse) and I was wondering if I can file myself. But I don't think we can do it without a receipt notice.
As far as new fee structure is concerned, we'll be better off paying the new fee compared to the old fee and attorney fee combined.
No my friend , you are not alone here.
My employer did not allow us to file EAD and AP for employees. Only for spouse) and I was wondering if I can file myself. But I don't think we can do it without a receipt notice.
As far as new fee structure is concerned, we'll be better off paying the new fee compared to the old fee and attorney fee combined.
more...
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x1050us
10-01 01:51 AM
See http://immigrationvoice.blogspot.com/
Could you change the flashplayer to something else that has forward/rewind controls. I closed the website a few times accidentally and I had to start all over again as this has no forward buttons.
Secondly, does anyone have access to AILA ? There is a mention of procedures to correct improper rejections by the service centers for cases with incorrect date stamps, lost checks or documents due to the errors on part of service center. I am badly in need of these procedures because I need to know what actions my attorney can take to fix my rejection issue. And I am sure there are many more in the same boat looking for this information.
Could you change the flashplayer to something else that has forward/rewind controls. I closed the website a few times accidentally and I had to start all over again as this has no forward buttons.
Secondly, does anyone have access to AILA ? There is a mention of procedures to correct improper rejections by the service centers for cases with incorrect date stamps, lost checks or documents due to the errors on part of service center. I am badly in need of these procedures because I need to know what actions my attorney can take to fix my rejection issue. And I am sure there are many more in the same boat looking for this information.
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sanprabhu
07-27 05:48 PM
I am not sure if non-citizen, non-PR person can contribute to the campaign's of the federal office candidates.
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krishna_brc
02-02 05:01 PM
Hi
Here is my situation and looking for any previous experience and suggestion from experts.
I have my EAD valid for 2 years PD 05 EB2. I got a job from another company but vendor says I need to be in his payroll. Job wise everything is good. I want to join him on EAD.
Here are my concerns
1. Should file for AC21 or just keep quite till CIS sends a letter ?
2. If I ensure my new job and old job responsibilities are same, am I safe ?
Do you see any problems or advise me for anything.
Thanks
tempgc
As long as New Job and Old Job are SAME/SIMILAR and assuming your I-40 is approved & 180 days passed, you should be perfectly fine.
IF
your previous employer is going to revoke I-140
THEN
its better to file AC21
ELSE
just keep quite till CIS sends a letter
END IF
Thanks,
Krishna
Here is my situation and looking for any previous experience and suggestion from experts.
I have my EAD valid for 2 years PD 05 EB2. I got a job from another company but vendor says I need to be in his payroll. Job wise everything is good. I want to join him on EAD.
Here are my concerns
1. Should file for AC21 or just keep quite till CIS sends a letter ?
2. If I ensure my new job and old job responsibilities are same, am I safe ?
Do you see any problems or advise me for anything.
Thanks
tempgc
As long as New Job and Old Job are SAME/SIMILAR and assuming your I-40 is approved & 180 days passed, you should be perfectly fine.
IF
your previous employer is going to revoke I-140
THEN
its better to file AC21
ELSE
just keep quite till CIS sends a letter
END IF
Thanks,
Krishna
goel_ar
11-16 09:06 AM
1.) What time is it taking to get a receipt by USICS? (NON Premium Processing - I�m in NY City - so probably Vermont Center)
==> It took me two weeks. I applied in Vermont center too.
2.) Do we have any rule in written (Official), that as soon u apply for transfer, without getting the receipt; you can work for the new employer?
(So I can show it to my new employer)
==> Afaik, I think you need to have receipt to start working. (2 weeks).
4.) What is the time taken for the H1 Paper, to be delivered after receipt, by USICS?
==> 2-3 months for non-premium.
==> It took me two weeks. I applied in Vermont center too.
2.) Do we have any rule in written (Official), that as soon u apply for transfer, without getting the receipt; you can work for the new employer?
(So I can show it to my new employer)
==> Afaik, I think you need to have receipt to start working. (2 weeks).
4.) What is the time taken for the H1 Paper, to be delivered after receipt, by USICS?
==> 2-3 months for non-premium.
ragz4u
03-15 09:29 AM
As per www.immigration-law.com
03/15/2006: Possible Full Senate Debate Mark-Up Beginning From March 20, 2006
An unconfirmed sources of information has just released a report that the Sen. Bill Frist, Majority Leader is pushing a two-week full Senate floor debate beginning from March 20, 2006 rather than March 27, 2006. This report is indirectly supported by another news that the Senate Judiciary Committee is pressed to extend their additional mark-up on Friday, March 17 to finish up the Committee action before the end of the week.
Looks like things are heating up and an Immigration bill might get passed sooner than expected!
03/15/2006: Possible Full Senate Debate Mark-Up Beginning From March 20, 2006
An unconfirmed sources of information has just released a report that the Sen. Bill Frist, Majority Leader is pushing a two-week full Senate floor debate beginning from March 20, 2006 rather than March 27, 2006. This report is indirectly supported by another news that the Senate Judiciary Committee is pressed to extend their additional mark-up on Friday, March 17 to finish up the Committee action before the end of the week.
Looks like things are heating up and an Immigration bill might get passed sooner than expected!
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