pappu
05-31 03:59 PM
Please do not start new threads on the same topics
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up_guy
08-22 09:31 AM
Coming back on H-1B after using EAD
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
mdross2
11-16 01:19 PM
Hi All
I have a query, Maybe some of the experts here can help me out.
1. I came to the US in 2003 on a L-1 via company A.(I have the original petition)
2. I switched to H-1 via company B in 2005 .(I have the copy of I-797A)
3. In 2006 I switched to company C. (I have the original for I-797A)
All this while I was here(U.S) only . I am going for a vacation (much needed :-) to India next month. I need to get a VISA stamped to come back.
Question 1. - The I-94 I have stapled in my passport is when I entered US. There have been 2 I-94's after that (from I-797A from company B and company C) ... Which one of those I need to submit when I go to India ? If its from A,B and C ...Does it have to be from the original since I don't have the original I-797A from company B ?)
Question 2. - As far as docs required for VISA stamping interview are concerned I have read various websites and posts and most of them say that I need the original I-797A only for the current (company C) H-1 petition.The copies of I-797A from the old employers will suffice too. Is that correct ?
Thanks.
I have a query, Maybe some of the experts here can help me out.
1. I came to the US in 2003 on a L-1 via company A.(I have the original petition)
2. I switched to H-1 via company B in 2005 .(I have the copy of I-797A)
3. In 2006 I switched to company C. (I have the original for I-797A)
All this while I was here(U.S) only . I am going for a vacation (much needed :-) to India next month. I need to get a VISA stamped to come back.
Question 1. - The I-94 I have stapled in my passport is when I entered US. There have been 2 I-94's after that (from I-797A from company B and company C) ... Which one of those I need to submit when I go to India ? If its from A,B and C ...Does it have to be from the original since I don't have the original I-797A from company B ?)
Question 2. - As far as docs required for VISA stamping interview are concerned I have read various websites and posts and most of them say that I need the original I-797A only for the current (company C) H-1 petition.The copies of I-797A from the old employers will suffice too. Is that correct ?
Thanks.
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anurakt
01-14 07:55 PM
You need visa to enter or exit. When you exit you need to turn in I94 on the pp with the stamp of your entrance as well as your new extension. On entrance they will check the old visa and write down the visa number on the new I94 that they officer will provide. The I94 usually has the visa duration as the end date. Next you apply for an amended h4 to reflect the new I94 number which was provided at the POE. Asfar as I know the I94 date is always linked to a visa and not the Notice of Action.
what's the process for amending H4 and how much time does it take ?
what's the process for amending H4 and how much time does it take ?
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munnu77
09-29 03:59 PM
HI,
My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.
I just want to prepare for the worst case. Can any one please help with some information.
What are my options to get a H1B extension.
Thank you,
dont worry..it took my frnd almost 4 months
My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.
I just want to prepare for the worst case. Can any one please help with some information.
What are my options to get a H1B extension.
Thank you,
dont worry..it took my frnd almost 4 months
gc26
02-05 02:09 PM
Does the 45 day limit on being able to use a LC mean that priority dates from an approved LC and I-140 can no longer be ported when the GC process is started again through a new employer ?
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pani_6
07-06 11:44 PM
If I have to apply for a new PERM Lc and then I-140 in EB2..how long would the entire process take
PERM-How many months??.
I-140- How mnay months??..(10th year of h1b can I get Premium Processing) done
Thanks for your answers guys...I am really tired of waiting...
PERM-How many months??.
I-140- How mnay months??..(10th year of h1b can I get Premium Processing) done
Thanks for your answers guys...I am really tired of waiting...
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sbmallik
06-12 03:30 PM
Yes, you can stay in US as long as your I-485 is pending. In order to work, you need EAD, which you can file at any point of time (even if the previous one gets expired). Please note that you have to wait for the I-765 approval before stating to work on EAD.
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newyorker123
09-28 10:53 AM
Yes. You can file another FOIA to get the I-140 approval notice.
You want to specify that you're looking for a copy of I-797 of the I-140 approval for receipt number LINXXXXXXXXXX. That should get you the approval notice.
A friend filed the FOIA with this verbiage and it worked for him. Of-course, he had to reference his Alien number etc... in the G-639 form.
I hope this helps.
Thanks friend, I already know the A# so I will just put it in.
You want to specify that you're looking for a copy of I-797 of the I-140 approval for receipt number LINXXXXXXXXXX. That should get you the approval notice.
A friend filed the FOIA with this verbiage and it worked for him. Of-course, he had to reference his Alien number etc... in the G-639 form.
I hope this helps.
Thanks friend, I already know the A# so I will just put it in.
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vnanjunda
07-16 12:27 PM
No Problems at Dullas Airport, I weant to india twice with AP they never asked about my employer.
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sertasheep
03-31 01:15 AM
Excellent newspiece, there. Here's hoping you're able to sort out your situation, Anand. By the way, salaries in India are now nearly 1/3rd of that in the US(in the bigger companies, of course)
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chanduv23
09-03 09:51 PM
If it is in one of the three locations listed(Jersey City or Edison or Bridgewater ), I will be able to make it, as I expect to be in the Philadelphia region during that time. Anyone interested in carpooling can mail me at sertasheep AT immigration voice. org
Point of Departure: Malvern, PA
Other points of pickups possible: Exton/Frazer, PA; King of Prussia, PA;
Can accomodate upto 4 more people in my vehicle
Great - thanks for offering car pool options. Venue will be finalised soon.
Point of Departure: Malvern, PA
Other points of pickups possible: Exton/Frazer, PA; King of Prussia, PA;
Can accomodate upto 4 more people in my vehicle
Great - thanks for offering car pool options. Venue will be finalised soon.
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rakesh_one
03-20 03:25 PM
I believe, you dont have choice but to go with EB3 of the new company. That way, you will still be in US and EB3 (India) is not going to be bad going forward as it crossed major hurdle of April'01. With April 08 bulletin, everyone learned that unused visas flow into different categories. So pretty soon, EB3 ROW will be current and there wouldnt be many people to use all of them. They will flow into EB3 India.
I needed some advice on this situation I've found myself in.
I have a PERM application filed with my current employer (EB2, Oct 2007). Like most EB2 apps, mine is under a business necessity audit and we have filed an audit response for it. My lawyers are pretty sure that we will clear the audit. Guessing from , the response may be 2-3 months away.
Now I have a second offer from another company. Everything about the job and company is better than my current, but the legal team at this second company says that they will only file in EB3 (even though the job requirement says Bachelors + 8 yrs). They say that they have other EB2 audits going on and have made it a policy to only do EB3 going forward.
I'm on the 5th year of my H1 (don't ask, had a PD of 2005, caught up in BEC and got laid off last May) and this probably will be the last chance for me to change jobs before I cool my heels and wait for the repercussions of the July Fiasco to be over with.
I can't decide of weather to keep my existing EB2 job or take the new offer and step down to EB3.
Please help!
I needed some advice on this situation I've found myself in.
I have a PERM application filed with my current employer (EB2, Oct 2007). Like most EB2 apps, mine is under a business necessity audit and we have filed an audit response for it. My lawyers are pretty sure that we will clear the audit. Guessing from , the response may be 2-3 months away.
Now I have a second offer from another company. Everything about the job and company is better than my current, but the legal team at this second company says that they will only file in EB3 (even though the job requirement says Bachelors + 8 yrs). They say that they have other EB2 audits going on and have made it a policy to only do EB3 going forward.
I'm on the 5th year of my H1 (don't ask, had a PD of 2005, caught up in BEC and got laid off last May) and this probably will be the last chance for me to change jobs before I cool my heels and wait for the repercussions of the July Fiasco to be over with.
I can't decide of weather to keep my existing EB2 job or take the new offer and step down to EB3.
Please help!
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ayaskant
02-01 09:48 AM
I updated my profile with the information I know.
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MCQ
10-26 04:03 PM
Here's how I see it.
If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.
Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).
so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.
one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.
Hope that helps
McQ
If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.
Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).
so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.
one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.
Hope that helps
McQ
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raminmd
08-14 05:00 PM
Hi all:
I am a July 2nd filer and I was not married at the time of my green card application. My green card was files under EB2 and my priority date is March 06. I got married in November 07 and got my wife to the US under H4. When the dates became current for March 06, we sent my wife's 485 app in on the 2nd to USCIS. We got a rejection notice this Tuesday (12th) with a notice date of the 4th saying that her "priority date could not be established". My lawyer received the package back today and said that she thinks it was wrongfully rejected and everything was o.k. We were going to resend the application today.
However, I just got an approval email for my I-485 and the online status has been changed to approved too.
What are my options here? Will USCIS accept the application if we sent it in? Does this mean she is out of status?
We are really worried. Has anyone been in this situation? What is the best way to resolve this?
I can honestly say that I never thought I would look at my 485 approval and get depressed.
Thanks.
I am a July 2nd filer and I was not married at the time of my green card application. My green card was files under EB2 and my priority date is March 06. I got married in November 07 and got my wife to the US under H4. When the dates became current for March 06, we sent my wife's 485 app in on the 2nd to USCIS. We got a rejection notice this Tuesday (12th) with a notice date of the 4th saying that her "priority date could not be established". My lawyer received the package back today and said that she thinks it was wrongfully rejected and everything was o.k. We were going to resend the application today.
However, I just got an approval email for my I-485 and the online status has been changed to approved too.
What are my options here? Will USCIS accept the application if we sent it in? Does this mean she is out of status?
We are really worried. Has anyone been in this situation? What is the best way to resolve this?
I can honestly say that I never thought I would look at my 485 approval and get depressed.
Thanks.
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bigboy007
04-18 03:50 AM
But here is the key point when one uses EAD uscis doesnt outright know what status he is in as he just signs I-9 form which is just with employer. so weigh your options but to be safe once taking up EAD means done with H1b
Thanks virtual55.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who �moonlights� pursuant to an EAD has not �left� his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
Thanks virtual55.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who �moonlights� pursuant to an EAD has not �left� his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
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wanaparthy
03-24 12:21 PM
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freeskier89
01-20 08:40 AM
I thought it was kind of inherent in a programming competition. If he would allow external libraries, the contests could become jigsaw puzzle contests where the person who could find the best open source libraries, and piece them together properly could beat someone who made something completely from scratch.
Even if you throw that argument aside, you are still dealing with external input. The correlation with sound makes your entry really cool, but, what then would prevent me from doing a n-body simulation in C on a server farm, rendering a video, reading that data into flash, and plotting each pixel as a circle? lol.
The original constitution is the base of our government, but the amendments are critical too :D
ps: can you post your code? and btw... i like what you did with your swarming code :)
Even if you throw that argument aside, you are still dealing with external input. The correlation with sound makes your entry really cool, but, what then would prevent me from doing a n-body simulation in C on a server farm, rendering a video, reading that data into flash, and plotting each pixel as a circle? lol.
The original constitution is the base of our government, but the amendments are critical too :D
ps: can you post your code? and btw... i like what you did with your swarming code :)
dixie
08-18 01:42 PM
Maybe. But parallel filing itself has been dysfunctional ever since retrogression hit. Talk of replacing one dysfunctional system with another.
Correct me if I am wrong.
They started premium processing for I140 so that they could stop parallel filing of 140 and 485.
Correct me if I am wrong.
They started premium processing for I140 so that they could stop parallel filing of 140 and 485.
harapatta
07-11 04:53 PM
Did you submit any documents for proof of PD
Hello All,
Just received in mail - 2 Year EAD card for me and my wife. Valid till July 2010. I have e-filed myself for both of us. Still waiting for AP docs.
Hello All,
Just received in mail - 2 Year EAD card for me and my wife. Valid till July 2010. I have e-filed myself for both of us. Still waiting for AP docs.
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