keepwalking
05-16 05:24 PM
I applied for my EAD in the last week of Nov 10. I got mine in the first week of Jan 11.
For the question of 'if she can leave while USCIS is processing her AP', I am not sure...
My PD is Jul 31, 2006 and I am going to add my wife to the application on June 1st. She is on H-4 right now.
How long does it take to get the AP and EAD? Can she leave the country without the AP.
For the question of 'if she can leave while USCIS is processing her AP', I am not sure...
My PD is Jul 31, 2006 and I am going to add my wife to the application on June 1st. She is on H-4 right now.
How long does it take to get the AP and EAD? Can she leave the country without the AP.
raysaikat
03-28 11:01 PM
Saikat,
Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?
-rgpr
Note that "status" is different from "visa".
Since this will be your first H1-B visa, it is very unlikely that USCIS will grant you change of status without going out of US. That is, assuming that USCIS approves your H1-B petition, most likely you will get an I-797 (which would be valid from Oct 1, 2010) without an attached I-94. This means to get in the H1-B status, you need to go out and reenter US around Oct 1 (I think you will not be able to enter more than a couple of weeks before the start date of I-797).
Coming to the denial, what denial are you referring to? There are many situations.
In general, your status is determined by the latest I-94 card. For F-1 students, that usually says "D/S" which means Duration of study (or Duration of status). That means, the moment you quit your school --- i.e., you no longer remain a student in good standing at your University --- you lose your F-1 status.
Now supposing that you do not quit your school:
(i) If your H1-B petition is denied (i.e., no approved I-797), then no harm. You remain in F-1 status.
(ii) If your H1-B petition is approved, but comes without I-94 card, then you continue to remain in your F-1 status until you go out of US and reenter using your H1-B VISA (that means, you need to get an H1-B visa stamp on your passport as well) and get the corresponding I-94 card.
In this scenario, I believe that if you decide not to use the approved H1-B visa (i.e., you continue your Ph.d., and do not go out, or do not reenter using the H1-B visa), then you would continue to remain in F-1 status even after Oct 1, 2010. However, you may want to confirm that with a lawyer.
(iii) If your H1-B petition is approved and comes with an attached I-94 card (this is unlikely), then you lose your F-1 status from the day written on the I-94 card. At that day you would go in the H1-B status and must be working.
Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?
-rgpr
Note that "status" is different from "visa".
Since this will be your first H1-B visa, it is very unlikely that USCIS will grant you change of status without going out of US. That is, assuming that USCIS approves your H1-B petition, most likely you will get an I-797 (which would be valid from Oct 1, 2010) without an attached I-94. This means to get in the H1-B status, you need to go out and reenter US around Oct 1 (I think you will not be able to enter more than a couple of weeks before the start date of I-797).
Coming to the denial, what denial are you referring to? There are many situations.
In general, your status is determined by the latest I-94 card. For F-1 students, that usually says "D/S" which means Duration of study (or Duration of status). That means, the moment you quit your school --- i.e., you no longer remain a student in good standing at your University --- you lose your F-1 status.
Now supposing that you do not quit your school:
(i) If your H1-B petition is denied (i.e., no approved I-797), then no harm. You remain in F-1 status.
(ii) If your H1-B petition is approved, but comes without I-94 card, then you continue to remain in your F-1 status until you go out of US and reenter using your H1-B VISA (that means, you need to get an H1-B visa stamp on your passport as well) and get the corresponding I-94 card.
In this scenario, I believe that if you decide not to use the approved H1-B visa (i.e., you continue your Ph.d., and do not go out, or do not reenter using the H1-B visa), then you would continue to remain in F-1 status even after Oct 1, 2010. However, you may want to confirm that with a lawyer.
(iii) If your H1-B petition is approved and comes with an attached I-94 card (this is unlikely), then you lose your F-1 status from the day written on the I-94 card. At that day you would go in the H1-B status and must be working.
gcisadawg
06-25 11:05 PM
Hi,
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
Although you dont realize, in this case, you would be using AC21....Your I-140 is approved and I-485 pending for 180 days, and you are moving from your original GC sponsor to a different employer. That is AC21 for you! The part of law that allows you to port your GC from original GC sponsor to a different employer.
Think of this scenario. You work for Company A on H1/L1. Company B sponsors your GC. You join B after you get your GC. In this case, there is no Ac21 involved. But in your case, according to my understanding, you would be invoking AC21.
Thanks!
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
Although you dont realize, in this case, you would be using AC21....Your I-140 is approved and I-485 pending for 180 days, and you are moving from your original GC sponsor to a different employer. That is AC21 for you! The part of law that allows you to port your GC from original GC sponsor to a different employer.
Think of this scenario. You work for Company A on H1/L1. Company B sponsors your GC. You join B after you get your GC. In this case, there is no Ac21 involved. But in your case, according to my understanding, you would be invoking AC21.
Thanks!
viper673
06-16 08:05 PM
The 180 days AC-21 rule only applies if your I-140 has been approved.
If you only have a receipt notice, then you don't have the option to invoke the AC-21.
Lay low...
If you only have a receipt notice, then you don't have the option to invoke the AC-21.
Lay low...
more...
ek_bechara
05-14 12:02 PM
If you don't know something please keep quiet. Don't spread nonsense rumors. First of all the primary GC applicant is not affected in anyway. Spouse GC will show up anywhere between 7 to 12 months depending upon how the documentation is done.
This might delay your GC for another 2years. Mainly due to security concerns after 9 / 11. Better option is to get your GC and then apply as family. Will take at least 4 to 5 years.
This might delay your GC for another 2years. Mainly due to security concerns after 9 / 11. Better option is to get your GC and then apply as family. Will take at least 4 to 5 years.
ho_gaya_kaya_?
11-30 07:44 AM
I have not recieved any email from USCIS either when my status changes
I am tracking by an igoogle widget.
I am tracking by an igoogle widget.
more...
ss1026
07-06 01:27 PM
Since 2000, a total of 182,694 work-based visas have not been given out because the immigration agency had fallen behind in processing applications, according to the 2007 report of the immigration agency�s ombudsman.
as per ny times report...
http://www.nytimes.com/2007/07/06/us/06visa.html?_r=1&hp&oref=slogin
This number is down to 132K as 50K were captured by the nursing/medical lobby probably in 2004 or 2005. Google for more info
as per ny times report...
http://www.nytimes.com/2007/07/06/us/06visa.html?_r=1&hp&oref=slogin
This number is down to 132K as 50K were captured by the nursing/medical lobby probably in 2004 or 2005. Google for more info
singhsa3
07-25 04:06 PM
Excellent point, I think, this is exactly the sort of pros and cons analysis we need on the ideas generated on this forum.
BTW: I thank you for the constructive tone of your message when providing the feedback.
this is a very good idea..but theres only one problem..we had gone to a blood donation drive to give blood..but were not allowed to because they do not take blood from people who have visited third world countries like India in the past 3 yrs.
so we can organise a campaign like this..but blood can be donated only by people who havent visited any third world countires in the past 3 yrs.
BTW: I thank you for the constructive tone of your message when providing the feedback.
this is a very good idea..but theres only one problem..we had gone to a blood donation drive to give blood..but were not allowed to because they do not take blood from people who have visited third world countries like India in the past 3 yrs.
so we can organise a campaign like this..but blood can be donated only by people who havent visited any third world countires in the past 3 yrs.
more...
GCMATRIX
08-22 09:10 PM
Got approval emails on August 14th, received approval notice by mail on August 20th, and finally got the physical green cards by mail today.:)
Please can you tell me which service centre i yours . I also got CPO mail on 08/14 and 08/15 and on 08/19/ I-485 approval sent by mail and soft lud on 08/20 ,but no physical card
Please can you tell me which service centre i yours . I also got CPO mail on 08/14 and 08/15 and on 08/19/ I-485 approval sent by mail and soft lud on 08/20 ,but no physical card
chi_shark
10-19 12:32 PM
sue him for medical malpractice...
Can anyone point me to any documentation for physicians that suggests repeated follow-ups even after the medical report has been signed, sealed and submitted to the immigration office?
As with a lot of applicants from India, I tested positive for tuberculin because of the type of immunization we receive and had the requisite skin test and chest x-rays done. After this the doctor signed the medical report and gave me the sealed envelope. He has then put me on a 6-month medication program for tuberculosis. The medication is quite strong and is supposed to affect the liver. He also wants me to come in on a regular basis (and spend $80 every time) to get blood work done to "make sure the medication is in my blood stream".
I am not sure why I am being put on this medication for such a long period as I don't have tuberculosis. When I questioned my doctor, he said it was necessary - not giving any more details.
Have others gone through such an experience? Am I a source of residual income for his office?
Thanks in advance,
V
Can anyone point me to any documentation for physicians that suggests repeated follow-ups even after the medical report has been signed, sealed and submitted to the immigration office?
As with a lot of applicants from India, I tested positive for tuberculin because of the type of immunization we receive and had the requisite skin test and chest x-rays done. After this the doctor signed the medical report and gave me the sealed envelope. He has then put me on a 6-month medication program for tuberculosis. The medication is quite strong and is supposed to affect the liver. He also wants me to come in on a regular basis (and spend $80 every time) to get blood work done to "make sure the medication is in my blood stream".
I am not sure why I am being put on this medication for such a long period as I don't have tuberculosis. When I questioned my doctor, he said it was necessary - not giving any more details.
Have others gone through such an experience? Am I a source of residual income for his office?
Thanks in advance,
V
more...
ArkBird
07-12 01:21 PM
Its NATIVE INDIAN AMERICANS not 'RED INDIANS'. The term you used is considered derogatory by many.
Nope. That will be us... "Native Indian" Americans. They are "Native Americans"
Oh.. Damn Parenthesis ....! :)
Nope. That will be us... "Native Indian" Americans. They are "Native Americans"
Oh.. Damn Parenthesis ....! :)
franklin
06-19 08:12 PM
Sorry if this is too basic. But can anyone tell me if passport photos taken from Kinko's will work for filing 485, AP, EAD, etc.?
Someone told me that USCIS does not accept digital photos or the digital photos have to meet certain quality requirement (something like that). I went to Kinko's near by and found out their pictures were digital too. So wondering if anyone had any problems with that (like USCIS rejection of the photos).
Thanks in advance!
Digital are fine, but there are some quality requirements. Check these sites for more details
http://travel.state.gov/passport/guide/guide_2081.html
http://travel.state.gov/visa/temp/info/info_1287.html
http://www.uscis.gov/files/nativedocuments/M-603.pdf
Someone told me that USCIS does not accept digital photos or the digital photos have to meet certain quality requirement (something like that). I went to Kinko's near by and found out their pictures were digital too. So wondering if anyone had any problems with that (like USCIS rejection of the photos).
Thanks in advance!
Digital are fine, but there are some quality requirements. Check these sites for more details
http://travel.state.gov/passport/guide/guide_2081.html
http://travel.state.gov/visa/temp/info/info_1287.html
http://www.uscis.gov/files/nativedocuments/M-603.pdf
more...
kumar1
03-05 11:12 AM
Yestogc- Please do not write "plz" instead of "please". We have "English Language Cop" hovering over us.
You know what I am saying....
I am apologetic if my message sent any wrong signals anywhere.
But Sledge Hammer........... plz mind the words that you write we are all civilized people and need to behave live one.
You know what I am saying....
I am apologetic if my message sent any wrong signals anywhere.
But Sledge Hammer........... plz mind the words that you write we are all civilized people and need to behave live one.
greatguy
08-24 05:08 PM
A potential employer has offered me to substitute 2001 EB3 labor. Would DOL accept unapproved labor substitution ? what is the probability of rejection (assuming there is very good match).
What kind of queries can we expect from the DOL ? what questions should I ask the potential employer ?
Incidentally, How many applications are there in the backlog processing center by priority year ?
What kind of queries can we expect from the DOL ? what questions should I ask the potential employer ?
Incidentally, How many applications are there in the backlog processing center by priority year ?
more...
div_bell_2003
01-12 02:33 PM
Search IV for an awesome thread by DhunDhun regarding EAD/AP renewal. It has everything.
I'm on H1B and my family members are on H4. I'm still working on H1B and never used EAD/AP.
I would like to renew my EAD/AP which has expired in Oct'08.
My lawyer is charging huge fees and it is turning out to be very expensive to renew EAD and AP for all my family members.
Have anyone renewed EAD and AP after such a long gap of expiry? Will e-filing
help or paper filing is efficient? Any experiences from forum members regarding
this will be appreciated.
cheers
Iad
I'm on H1B and my family members are on H4. I'm still working on H1B and never used EAD/AP.
I would like to renew my EAD/AP which has expired in Oct'08.
My lawyer is charging huge fees and it is turning out to be very expensive to renew EAD and AP for all my family members.
Have anyone renewed EAD and AP after such a long gap of expiry? Will e-filing
help or paper filing is efficient? Any experiences from forum members regarding
this will be appreciated.
cheers
Iad
goel_ar
12-20 11:39 AM
^^^^
more...
WeShallOvercome
09-07 02:42 PM
As I understand, your GC application is based on your husband's I-140.
Does your husband work for a different employer or the same employer as yours?
If different, you can kick your employer's A$$ and they can't do a thing.
If same, they may be blackmailing you because your husband's GC depends on them for some time - 3 more months.
If it is the second case, why don't you just work on H1 for the next 3 months and then do whatever you want..
BTW, he can not do any damage to you or your pending GC in any way by cancelling your H1.. Doing it will put them in bad light for wasting a precious H1 visa by misrepresenting the facts..
Does your husband work for a different employer or the same employer as yours?
If different, you can kick your employer's A$$ and they can't do a thing.
If same, they may be blackmailing you because your husband's GC depends on them for some time - 3 more months.
If it is the second case, why don't you just work on H1 for the next 3 months and then do whatever you want..
BTW, he can not do any damage to you or your pending GC in any way by cancelling your H1.. Doing it will put them in bad light for wasting a precious H1 visa by misrepresenting the facts..
arc
10-25 05:30 PM
^bmp^
no_more_anger
02-06 05:46 PM
> If you are promoted as IT manager having significant overlap of job functions, you should be fine.
No. That is incorrect. A manager is responsible for managing people (besides other
duties). That is a totally different job description and different category for labor.
Some useful info:
* If you are on H1 and job description changes (like u become a manager), H1
amendmend MUST be filed.
* If you are using EAD, then company doesn't need to file anything. If a RFE comes,
you are required to show proof of job position with job description corresponding to
that of approved labor. If your company is ready to do that (or u can get that somehow),
you are good.
* If you don't follow the rules, you WILL be fine as long as a RFE does not come :-)
* Lastly, I know people in many companies where for HR purposes they are still a
developer (or whatever) and for real, they perform totally different job functions (like
marketing). If your company allows this, then it's an option (not legal, but practiced ).
Disclaimer: I am not a lawyer.
No. That is incorrect. A manager is responsible for managing people (besides other
duties). That is a totally different job description and different category for labor.
Some useful info:
* If you are on H1 and job description changes (like u become a manager), H1
amendmend MUST be filed.
* If you are using EAD, then company doesn't need to file anything. If a RFE comes,
you are required to show proof of job position with job description corresponding to
that of approved labor. If your company is ready to do that (or u can get that somehow),
you are good.
* If you don't follow the rules, you WILL be fine as long as a RFE does not come :-)
* Lastly, I know people in many companies where for HR purposes they are still a
developer (or whatever) and for real, they perform totally different job functions (like
marketing). If your company allows this, then it's an option (not legal, but practiced ).
Disclaimer: I am not a lawyer.
jy1021
02-15 08:53 AM
yes, you can. I did it last summer. the first officer at the border did not know the rule and said we could not enter, then an older officer came and said we could. they let us in with expired visa but approved h-1b extension notice
Lasantha
02-20 11:09 AM
I would think No too.
Dear All..need expert guidance on my situation.
1) Company A. Approved I-140 and LC for more than 6 months in 2006
2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.
3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?
I assume answer is No but thought I will get some expert guidance.
Thanks for your help
Dear All..need expert guidance on my situation.
1) Company A. Approved I-140 and LC for more than 6 months in 2006
2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.
3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?
I assume answer is No but thought I will get some expert guidance.
Thanks for your help
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