gccovet
11-03 08:03 AM
Hello,
Here's my situation. I have an approved I-140 (EB2), my I-485 has been pending for more than an year. Due to recent lay-offs, I will have to change my employer through an H-1B transfer. My wife was on H-4. However, just this year she got an H-1B approval with consular processing since when we applied for her H-1b this year, she was not in US.
Now 2 weeks back, her employer applied for her COS through regular processing. I assume this takes about 3-4 months.
My question is - now that I am doing my H-1B transfer to another employer, do I have to worry about my wife's H-4 extension as well, or just leave that as it is, as her application for COS to H-1B is pending with USCIS.
Please advise.
Thanks
In my opinion, leave it as it is.
also, please spend few minutes to send out 4 letters in support of fight against cases using AC21 and getting denials without any reasons. You might very well fall in this if you plan/have to use your EAD.
check out http://immigrationvoice.org/forum/showthread.php?t=22182
Thank you for your support.
GCCovet.
Here's my situation. I have an approved I-140 (EB2), my I-485 has been pending for more than an year. Due to recent lay-offs, I will have to change my employer through an H-1B transfer. My wife was on H-4. However, just this year she got an H-1B approval with consular processing since when we applied for her H-1b this year, she was not in US.
Now 2 weeks back, her employer applied for her COS through regular processing. I assume this takes about 3-4 months.
My question is - now that I am doing my H-1B transfer to another employer, do I have to worry about my wife's H-4 extension as well, or just leave that as it is, as her application for COS to H-1B is pending with USCIS.
Please advise.
Thanks
In my opinion, leave it as it is.
also, please spend few minutes to send out 4 letters in support of fight against cases using AC21 and getting denials without any reasons. You might very well fall in this if you plan/have to use your EAD.
check out http://immigrationvoice.org/forum/showthread.php?t=22182
Thank you for your support.
GCCovet.
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nshantha
08-31 06:35 AM
Hi,
My new EB2 I - 140 got approved with my old NIW-I-140 priority Date March 29th 2006 which is current for India now.
My I-485 (EB3) is pending throgh my spouse and I am the secondary applicant
Can I file another I-485 with my new I-140 (EB2) ?
Is there any way we can link my existing I-485 with my new I-140 (EB2)
Appreciate your suggestions.
My attorny is consfused with this situation and trying get mor information.
Thanks,
My new EB2 I - 140 got approved with my old NIW-I-140 priority Date March 29th 2006 which is current for India now.
My I-485 (EB3) is pending throgh my spouse and I am the secondary applicant
Can I file another I-485 with my new I-140 (EB2) ?
Is there any way we can link my existing I-485 with my new I-140 (EB2)
Appreciate your suggestions.
My attorny is consfused with this situation and trying get mor information.
Thanks,
InTheMoment
11-01 01:30 AM
A biometric appointment notice on the way for you !....most likely.
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archanadhar19
11-03 11:50 AM
My perm was filed in May 2007 in EB2. Got RFE in July 2007. Replied within 2 weeks. No response since then.
Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.
Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.
more...
sanjose16
02-24 10:53 AM
I would appreciate if any one can answer my question
akred
07-19 04:33 PM
EAD does not confer any status to live in the US. Your status continues to be AOS. When the EB2 I140 is approved, the lawyer will either interfile it with the pending I485, or the USCIS will auto-approve your case if the EB2 priority date is current.
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ras
03-01 10:16 AM
A friend of mine has asked me to join in starting an IT training business in a densely populated Indian business area (California). The thought process is that there may be many people who have been laid off and may be wanting to learn new technologies. There are no gotchas of luring students for H1/GC etc. The primary reason is that we are experts in Microsoft technologies and we just want to impart training in this domain. However, in these hard economic times few friends have asked us to rethink about this proposition. There are 1 or 2 training institutes around, but we feel we have edge over others in few ways. And we are not eying for a big market share.
Further to it, we want to launch other products once the training is established.we were just looking for a platform. We feel the training will give us that platform.
Unlike other training organizations who propose free training and then H1/GC etc, we just intend to impart training and that's it no strings attached.
Plain simple if you could give a honest opinion on this business proposition that would be great. Proposing this topic to analyze argue and know the others perspective.
This is just to solicit feedback and analyze a startup option and please do not jump guns on saying that this is going to be a bodyshopping company then will recruit H1 etc.
Further to it, we want to launch other products once the training is established.we were just looking for a platform. We feel the training will give us that platform.
Unlike other training organizations who propose free training and then H1/GC etc, we just intend to impart training and that's it no strings attached.
Plain simple if you could give a honest opinion on this business proposition that would be great. Proposing this topic to analyze argue and know the others perspective.
This is just to solicit feedback and analyze a startup option and please do not jump guns on saying that this is going to be a bodyshopping company then will recruit H1 etc.
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crystal
11-12 04:28 PM
yes
My visa is H4 and I got my EAD last month, but my family's I-140 and I-485 on pending, if I use my EAD , unfortunately I-140 we can not pass, is that means I must leave U.S.A. in ten days?
My visa is H4 and I got my EAD last month, but my family's I-140 and I-485 on pending, if I use my EAD , unfortunately I-140 we can not pass, is that means I must leave U.S.A. in ten days?
more...
GreenCardLegion
04-20 12:28 AM
You can use your eb3 EAD.
But first to get into EB2 category, you have to first file another separate labor with a different employer (w/same employer it will most likely rejected) and then file 140 separately agian and then once your 140 is approved get it interfiled and then port from eb3 to eb2.
But first to get into EB2 category, you have to first file another separate labor with a different employer (w/same employer it will most likely rejected) and then file 140 separately agian and then once your 140 is approved get it interfiled and then port from eb3 to eb2.
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raysaikat
12-25 04:01 AM
Friends,
I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.
Renewing her F-1 visa stamp could be an issue as F-1 requires non-immigration intent (it is very difficult to make a case that she does not want to immigrate to US when her husband is in US on the green card route).
I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140?
Yes, that's how a spouse would submit I-485 petition.
If yes, would she continue in F1 status (or what will her status be?).
Her F-1 status will no longer be valid; she will be in the so-called "AOS".
Any other potential pitfalls in this particular scenario?
Any pointers would be useful.
Thanks in advance.
MC
I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.
Renewing her F-1 visa stamp could be an issue as F-1 requires non-immigration intent (it is very difficult to make a case that she does not want to immigrate to US when her husband is in US on the green card route).
I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140?
Yes, that's how a spouse would submit I-485 petition.
If yes, would she continue in F1 status (or what will her status be?).
Her F-1 status will no longer be valid; she will be in the so-called "AOS".
Any other potential pitfalls in this particular scenario?
Any pointers would be useful.
Thanks in advance.
MC
more...
nrmehta
08-27 02:12 PM
I (and my spouse as dependent) applied for I-485, AP, and EAD on July 17, 07 and am yet to get the receipt notice. My (and my spouse's) H-1 expires on 12/31/07 and I plan to travel out of the US between November 8 and December 24.
In case, the I-485 receipt notice does not come before we leave, would we be considered as having abandoned the PR application? Any idea how long it might take for the receipt notice to come for people in my shoes?
In case, the I-485 receipt notice does not come before we leave, would we be considered as having abandoned the PR application? Any idea how long it might take for the receipt notice to come for people in my shoes?
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pappu
12-17 05:58 PM
core members:
I was wondering if you may post minutes of immigration symposiums held at Priceton and Boston?
Pls check the threads for both events. I am sure we gave an update for the Boston event in the thread.
I was wondering if you may post minutes of immigration symposiums held at Priceton and Boston?
Pls check the threads for both events. I am sure we gave an update for the Boston event in the thread.
more...
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desi3933
01-25 09:19 AM
I work with a consulting company on client side. The client is planning a shutdown for 2 days a month - 2nd and 4th Friday.
Do you guys think its gonna impact 485 application. I am asking this question cause the labor was approved for 40/hrs per week and the salary slip shows the number of hrs worked per month which will be lesser than 160 (in case the month has 4 weeks).
BTW, I am on EAD and 140 approved couple of years back.
Thanks
Pavan -
You should maintain 40/hr per week. This could mean - your consulting company paying these days for your "full time job". The other option is - taking paid time off for these days. Again, it should be paid time off.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
Do you guys think its gonna impact 485 application. I am asking this question cause the labor was approved for 40/hrs per week and the salary slip shows the number of hrs worked per month which will be lesser than 160 (in case the month has 4 weeks).
BTW, I am on EAD and 140 approved couple of years back.
Thanks
Pavan -
You should maintain 40/hr per week. This could mean - your consulting company paying these days for your "full time job". The other option is - taking paid time off for these days. Again, it should be paid time off.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
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Ann Ruben
01-28 09:49 AM
Because you remained in the US for more than a year after USCIS denied your change of status you are barred from entering the US for 10 years. However, you are entitled to apply for a waiver of this 10 year bar pursuant to �212(d)(3)(A) of the INA which, if granted, would enable you to obtain an L-2 visa and legally enter the US.
If you are not upfront about your prior overstay, you commit visa fraud. As a consequence, you will face a lifetime bar to enter the US with little or no possibility of a waiver.
If you are not upfront about your prior overstay, you commit visa fraud. As a consequence, you will face a lifetime bar to enter the US with little or no possibility of a waiver.
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ragz4u
05-09 09:46 AM
And we might be in the final edited version (very good chance) for a few minutes
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vivek_ut
09-12 09:51 PM
Rajiv Khanna from immigration.com held two conference calls on going back to school with a pending green card application. Not sure if your particular situation is covered but you can listen to the conference call recordings on his website. I believe these were in the April/Mat time frame.
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kunjakka
07-13 06:07 AM
Hello All,
I e-filed my first EAD renewal yesterday(07.12.2008). Mine is the classical case where i submitted in the window of August 2007 window and the AP and EAD was approved in October 2007.
My wife is an F-1 student and I concurrently filed on her behalf in Aug 2007.
Now while renewing my wife's EAD in the efile process, I did the following steps
1. Started a new I-765 for wife
2. Filled all the details.
3. Added I-131 also
i went ahead and efiled her application (both EAD and AP). Mine is the emplyment based I-485. Assuming that since she is dependent on me, I marked her application as family based I-485.
Reviewing the pdf, I saw that her documents need to go to the National Benefits Center, while mine is the Texas Service Center.
Did I commit a mistake? If so, how can I correct it.
Thanks for all your input on this one, and also the countless other experiences in the past when i have consulted this wonderful forum......
UK
I e-filed my first EAD renewal yesterday(07.12.2008). Mine is the classical case where i submitted in the window of August 2007 window and the AP and EAD was approved in October 2007.
My wife is an F-1 student and I concurrently filed on her behalf in Aug 2007.
Now while renewing my wife's EAD in the efile process, I did the following steps
1. Started a new I-765 for wife
2. Filled all the details.
3. Added I-131 also
i went ahead and efiled her application (both EAD and AP). Mine is the emplyment based I-485. Assuming that since she is dependent on me, I marked her application as family based I-485.
Reviewing the pdf, I saw that her documents need to go to the National Benefits Center, while mine is the Texas Service Center.
Did I commit a mistake? If so, how can I correct it.
Thanks for all your input on this one, and also the countless other experiences in the past when i have consulted this wonderful forum......
UK
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gcnirvana
02-19 06:17 PM
Another nail in the H1B Coffin :mad:
http://www.immigration-law.com/Canada.html
02/19/2009: H-1B Transfer Alert
* AILA has reported that it is the practice and policy of Vermont Service Center that if it receives a revocation letter from the current employer before it receives the transfer H-1B petition by a new employer, they deny the transfer petition because it is the VSC position that at the time the current employer revokes the current position, the H-1B alien immediately falls into a period of "unauthorized stay" in the U.S. This policy can push the transfer H-1B aliens into a tricky situation when the alien employees invoke AC 21 H-1B portability against the will of the current employer and the current employment contract requires 14-day advance resignation notice. It is thus imperative that the transfer H-1B employees should neither notify nor turn in the resignation before the new H-1B petition is "filed." Worse situation could be termination of H-1B employees by the current employer in a hostile environment. Since the current employer is likely to file the revocation (withdrawal) notice in the latter situation immediately, such H-1B alien can face a serious problem unless they are eligible for nun pro tunc H-1B filing.
http://www.immigration-law.com/Canada.html
02/19/2009: H-1B Transfer Alert
* AILA has reported that it is the practice and policy of Vermont Service Center that if it receives a revocation letter from the current employer before it receives the transfer H-1B petition by a new employer, they deny the transfer petition because it is the VSC position that at the time the current employer revokes the current position, the H-1B alien immediately falls into a period of "unauthorized stay" in the U.S. This policy can push the transfer H-1B aliens into a tricky situation when the alien employees invoke AC 21 H-1B portability against the will of the current employer and the current employment contract requires 14-day advance resignation notice. It is thus imperative that the transfer H-1B employees should neither notify nor turn in the resignation before the new H-1B petition is "filed." Worse situation could be termination of H-1B employees by the current employer in a hostile environment. Since the current employer is likely to file the revocation (withdrawal) notice in the latter situation immediately, such H-1B alien can face a serious problem unless they are eligible for nun pro tunc H-1B filing.
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EndlessWait
01-13 12:01 PM
???
mrsr
08-10 10:06 PM
I buy your words, I think they are working half day on saturdays
GCwaitforever
12-12 10:39 AM
Concurrent H-1Bs have no quota restriction. You just have to mention hourly rate and number of hours per week for the second job.
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