kc_p21
06-15 09:43 PM
Hello :
My EAD expires on July 28, 2010. I have sent the application today with request to expedite with employer letter.
If I don't receive my new EAD card by July 28, 2010, then
1) Will/Should I stop working?
2) If I do stop working, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
3) If I continue to work, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
4) Can I continue to work/remain IN-STATUS as long as my EAD application shows "Approved" on USCIS website but I don't have the physical card with me?
Any response to these questions will be highly appreciated.
Thanks!
My EAD expires on July 28, 2010. I have sent the application today with request to expedite with employer letter.
If I don't receive my new EAD card by July 28, 2010, then
1) Will/Should I stop working?
2) If I do stop working, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
3) If I continue to work, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
4) Can I continue to work/remain IN-STATUS as long as my EAD application shows "Approved" on USCIS website but I don't have the physical card with me?
Any response to these questions will be highly appreciated.
Thanks!
wallpaper Mark Salling Actress Dianna
kanakabyraju
08-18 01:57 PM
Hi All,
Please let me know, based on your personal experience, Does Change of Address 'triggers' an RFE from USCIS????
I recently found a project (after many months) and am working for this new employer on EAD. However, I have not vacated my old apt....still paying rent and keeping it as my current one, and sharing accommodation with others in the new city where I am working....because of the only reason that I fear, which is an RFE.
Please let me know.
Thanks.
RFE shall not stop you from doing the right thing and as long as you have all the necessary documents and employment. If I were you, I would not hesitate to update my address and pay rent for my old apartment.
Please let me know, based on your personal experience, Does Change of Address 'triggers' an RFE from USCIS????
I recently found a project (after many months) and am working for this new employer on EAD. However, I have not vacated my old apt....still paying rent and keeping it as my current one, and sharing accommodation with others in the new city where I am working....because of the only reason that I fear, which is an RFE.
Please let me know.
Thanks.
RFE shall not stop you from doing the right thing and as long as you have all the necessary documents and employment. If I were you, I would not hesitate to update my address and pay rent for my old apartment.
brandon
July 18th, 2004, 04:33 PM
Thanks. I was a little disappointed that the purple edges did not show up well in the original photo. That makes a big difference.
Some reactions:
On the rainbow shot, I would clone or crop out the dead twig on the right. Cropping is probably the better option because it will call more attention to the rainbow. I tried to process the image to bring the rainbow out more, but didn't have much success. Maybe someone else can help or maybe it can't be done.
I recropped the flower image and did a little minor processing to bring out more of the detail, particularly in the highlights.
Hope you don't mind me adjusting and reposting your images.
Gary
Some reactions:
On the rainbow shot, I would clone or crop out the dead twig on the right. Cropping is probably the better option because it will call more attention to the rainbow. I tried to process the image to bring the rainbow out more, but didn't have much success. Maybe someone else can help or maybe it can't be done.
I recropped the flower image and did a little minor processing to bring out more of the detail, particularly in the highlights.
Hope you don't mind me adjusting and reposting your images.
Gary
2011 mark salling and dianna agron
NKR
11-11 11:24 AM
I would love to trade places with you if I could buddy, so just relax� on the other hand I sympathize with you, a 2001 PD seems so old to me. Being current is the boon, for you to have to stick with the same employer is the curse.
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vin13
07-15 09:24 AM
Hmm.. maybe i did not make it clear.
What I meant was, if you make 4 copies of your photo and use two of them in one application, then USCIS is not allowing you to use remaining two afterwards claiming that picture should be recent and 'unused'. They are asking of 'different' picture altogether.
USCIS do request you provide pictures that are less than 6 months old. I had a situation where i recieved an RFE for my AP application with a request for another set of photos without reason. They were new and taken from a reputed photo studio. I had to submit new pictures. Not sure if USCIS lost the first set.
Sometimes there is no valid reasoning.
I had a friend who got a RFE requesting new pictures. He told me that he had submitted new pictures. With further discussion, i found that he had a old negative that he got prints developed recently. So he considered them as new. :D
What I meant was, if you make 4 copies of your photo and use two of them in one application, then USCIS is not allowing you to use remaining two afterwards claiming that picture should be recent and 'unused'. They are asking of 'different' picture altogether.
USCIS do request you provide pictures that are less than 6 months old. I had a situation where i recieved an RFE for my AP application with a request for another set of photos without reason. They were new and taken from a reputed photo studio. I had to submit new pictures. Not sure if USCIS lost the first set.
Sometimes there is no valid reasoning.
I had a friend who got a RFE requesting new pictures. He told me that he had submitted new pictures. With further discussion, i found that he had a old negative that he got prints developed recently. So he considered them as new. :D
Dhundhun
06-25 02:16 AM
Thanks for replying.
For question number 3 can you give more details. What is AVR.
Basically when going to neighbouring countries we give our I94 card and when entering the country(USA) they give a new I94card and stamp and put the date on it.
so is it advisable to go out of country and reenter that way i will have new I94 card with new date on it, My only concern i got my ssn does it mean i lost H4 status as H4 are never given ssn, so in this situation if i go out of country and enter again will they put me questions as i have valid visa, i never applied AP and applied EAD but never used it.
AVR stands for Automatic Visa Revalidation (http://www.wright.edu/ucie/students/travelautorevalidation.html).
AVR is used, when travel is less than 30 days, Visa expired but I94 is valid.
As a result of AVR procedures (even if you don't want to use AVR because you have valid visa), when you go to neighbouring country (such as Canada) and returning, at POE (point of entry) officer asks for I94 and if I94 is valid, you don't get new I94.
Getting SSN does not put you out of H4 status. You need to show intention to work - as one of the examples using I-9 form to notify an employer puts out of H4 status.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
You have valid Visa.
#1. You go to India and when you come back, you get new I94.
#2. If you go to Canada, after I94 is expired (less than 6 months out of status) you defenetely get new I94.
#3. If you go to Canada, while I94 is valid you may request new I94. For business visitor they refuse new I94. Can someone commet, what happens in case of H1B or H4 Visa?
For question number 3 can you give more details. What is AVR.
Basically when going to neighbouring countries we give our I94 card and when entering the country(USA) they give a new I94card and stamp and put the date on it.
so is it advisable to go out of country and reenter that way i will have new I94 card with new date on it, My only concern i got my ssn does it mean i lost H4 status as H4 are never given ssn, so in this situation if i go out of country and enter again will they put me questions as i have valid visa, i never applied AP and applied EAD but never used it.
AVR stands for Automatic Visa Revalidation (http://www.wright.edu/ucie/students/travelautorevalidation.html).
AVR is used, when travel is less than 30 days, Visa expired but I94 is valid.
As a result of AVR procedures (even if you don't want to use AVR because you have valid visa), when you go to neighbouring country (such as Canada) and returning, at POE (point of entry) officer asks for I94 and if I94 is valid, you don't get new I94.
Getting SSN does not put you out of H4 status. You need to show intention to work - as one of the examples using I-9 form to notify an employer puts out of H4 status.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
You have valid Visa.
#1. You go to India and when you come back, you get new I94.
#2. If you go to Canada, after I94 is expired (less than 6 months out of status) you defenetely get new I94.
#3. If you go to Canada, while I94 is valid you may request new I94. For business visitor they refuse new I94. Can someone commet, what happens in case of H1B or H4 Visa?
more...
sripk
07-17 10:01 PM
Thanks Elaine for your prompt reply to my question.
2010 Mark Salling amp; Dianna Agron:
wandmaker
07-19 03:20 AM
I have a question, I am working with my GC sponsoring employer, filed I485 during July '07. My I-140 approved during 2007. My company has applied for H1B extension (for 3 years based on approved I140) recently. Please note that this 3 year extension will stretch beyond my 6 year (H1B) period.
+ You will receive a 3 year extension only if the PD is retrogessed otherwise it will be upto your end of 6 years period. I assume this is a non-cap H1B extension of stay
After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).
++ Your new employer should be non-cap company otherwise H1B transfer is not possible - If they are non-cap then your new employer can file a transfer and (a) request for validity of 3 years from the date of filing of H1B transfer filed as long as you have an approved 140 and it is not revoked by your previous employer and your PD is not current OR (b) request for the validity with the end date of last approved H1B - Most employer(s) will choose option b, to keep it simple
I have EAD and AP but wondering why I can not transfer H1B?
+++ When you have an option to move to a new employer on H1B then why not
Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140.
+++++ Not true
Somebody else said I can transfer until my 6 year period but not beyond to that?
++++++ Not true, see "++"
Others said no matter what I can transfer my H1b to any employer.
+++++++ True
I am confused, please help.
++++++++ Dont get confused by the hearsay, check with any attorney - s/he will be of my opinion. If your hear a different opinion from the immigration attorney(s), please update - it will help many
Hope this helps :)
+ You will receive a 3 year extension only if the PD is retrogessed otherwise it will be upto your end of 6 years period. I assume this is a non-cap H1B extension of stay
After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).
++ Your new employer should be non-cap company otherwise H1B transfer is not possible - If they are non-cap then your new employer can file a transfer and (a) request for validity of 3 years from the date of filing of H1B transfer filed as long as you have an approved 140 and it is not revoked by your previous employer and your PD is not current OR (b) request for the validity with the end date of last approved H1B - Most employer(s) will choose option b, to keep it simple
I have EAD and AP but wondering why I can not transfer H1B?
+++ When you have an option to move to a new employer on H1B then why not
Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140.
+++++ Not true
Somebody else said I can transfer until my 6 year period but not beyond to that?
++++++ Not true, see "++"
Others said no matter what I can transfer my H1b to any employer.
+++++++ True
I am confused, please help.
++++++++ Dont get confused by the hearsay, check with any attorney - s/he will be of my opinion. If your hear a different opinion from the immigration attorney(s), please update - it will help many
Hope this helps :)
more...
indianabacklog
12-04 03:40 PM
I fail to see why these cases you are referring to are any worse off than many others.
I filed my I485 in May 2007, have been current for more than a third of the interim period and still waiting.
I have filed two service requests, two congressional enquiries and nothing. So have other people and it has not helped them either.
We are all in a black hole hoping for our cases to see the light of day some time just like the WAC cases you refer to.
I filed my I485 in May 2007, have been current for more than a third of the interim period and still waiting.
I have filed two service requests, two congressional enquiries and nothing. So have other people and it has not helped them either.
We are all in a black hole hoping for our cases to see the light of day some time just like the WAC cases you refer to.
hair mark salling and dianna agron
ebizash
07-23 10:42 AM
I have two options:
1. Stick with my current company and take the money.
2. Switch to new employer right away and file new PERM.
With option 2, if I change to this employer, I will lose that good chunk of money.
I don't have a suggestion but a question for you. What is this money that you get if you stick with the company after they lay you off. Why would you lose the money if you join company B? I am sorry I just thought it was kind of strange.
1. Stick with my current company and take the money.
2. Switch to new employer right away and file new PERM.
With option 2, if I change to this employer, I will lose that good chunk of money.
I don't have a suggestion but a question for you. What is this money that you get if you stick with the company after they lay you off. Why would you lose the money if you join company B? I am sorry I just thought it was kind of strange.
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gauravster
04-22 11:07 AM
What I say should not be construed as any form of legal advice but based on what I know I list the following things.
1. Most likely if you are in EB3, your labor PERM application would have only required things that qualify you for EB3. So the same labor cannot be used to file for EB2.
2. You should go ahead and file for I-140. It is imperative that you be employed in the same/similar job as your EB3 application when I-140 is filed for, in case there is an RFE (request for evidence).
3. Once your I-140 is approved, I think you get some flexibility in moving within the organization and you could be moved to a role with different job requirements. These job requirements might qualify you for a EB2 job role. You can then file for a EB2 labor PERM(job postings, application etc). Once this labor is approved, when you file the I-140 for this, you can ask that the priority date be ported. Most certainly there will be an RFE for this I-140 application. Some employer attroneys (esp those conservative) require that for new Labor to be filed, your job role must be more than 50% different to be justified in case of a RFE.
Step 3 might also require an amendment to your H1B. I am not very sure about how exactly this goes. Potentially, I think you can also change employer and apply again from new employer as long as the I-140 is not revoked by the previous employer.
I hope this helps.
Cheers,
Gaurav
Hi, I just got my LC approved after about 7 months of waiting as EB3, My PD is Sep 08. Its now time to start filing for the I-140, what can I do to port my EB3 to EB2? (I'm from Europe and I have 6 years of work experience and a MS Finance degree from a US university).
Do I need to "change" job within my company?
Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?
1. Most likely if you are in EB3, your labor PERM application would have only required things that qualify you for EB3. So the same labor cannot be used to file for EB2.
2. You should go ahead and file for I-140. It is imperative that you be employed in the same/similar job as your EB3 application when I-140 is filed for, in case there is an RFE (request for evidence).
3. Once your I-140 is approved, I think you get some flexibility in moving within the organization and you could be moved to a role with different job requirements. These job requirements might qualify you for a EB2 job role. You can then file for a EB2 labor PERM(job postings, application etc). Once this labor is approved, when you file the I-140 for this, you can ask that the priority date be ported. Most certainly there will be an RFE for this I-140 application. Some employer attroneys (esp those conservative) require that for new Labor to be filed, your job role must be more than 50% different to be justified in case of a RFE.
Step 3 might also require an amendment to your H1B. I am not very sure about how exactly this goes. Potentially, I think you can also change employer and apply again from new employer as long as the I-140 is not revoked by the previous employer.
I hope this helps.
Cheers,
Gaurav
Hi, I just got my LC approved after about 7 months of waiting as EB3, My PD is Sep 08. Its now time to start filing for the I-140, what can I do to port my EB3 to EB2? (I'm from Europe and I have 6 years of work experience and a MS Finance degree from a US university).
Do I need to "change" job within my company?
Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?
hot featuring Dianna Agron,
HV000
10-10 07:08 PM
What if USCIS didnt have this nonsense LUD field in their online status, won't you have lived in peace?
TRUE! My LUD is also not updated after FP so do not know when they update the LUD. One thing you could do is to contact FBI verifying the status.
Also, FP is valid only for 15 months so there is a good chance for a 2nd FP based on current backlog.
TRUE! My LUD is also not updated after FP so do not know when they update the LUD. One thing you could do is to contact FBI verifying the status.
Also, FP is valid only for 15 months so there is a good chance for a 2nd FP based on current backlog.
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crystal
07-11 12:07 PM
^^^^
tattoo Agron seemed to kiss Mark+
hope2007
04-15 11:37 AM
SKIL Act says NON US advance degree holders should have 3 year experience before filing immigrant petition. Is this experience before filing LABOR or before filing I-485. My LABOR and I-140 is approved and I have NON US Masters degree but did not had 3 years of US experience before filing LABOR.
Now I have more than 5 years of US experience, will I fall into this category when I file I-485.
Now I have more than 5 years of US experience, will I fall into this category when I file I-485.
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pictures mark salling and dianna agron
usgc07
02-15 08:35 AM
As you all know, spouse of a greencard holder does not get any visa.
So the option is to see if H1B visa can be obtained.
She has the right qualification and work experience.
Thanks
So the option is to see if H1B visa can be obtained.
She has the right qualification and work experience.
Thanks
dresses Dianna Agron and Mark Salling
shivarajan
04-07 04:45 PM
I agree TARP revceived firms cannot renew H1B after 6 years or apply for GC. Those rules may change as per time. Most of the firms who like to hire H1B. So don't know whether it will get better or worst for your situation.
I don't think above is correct!
Existing employees are eligible for extensions as of now and did not hear that the no gc clause for existing employees either!
In fact if u r in non-h1b working for TARP companies then u r even eligible for new H1. All rules apply for new hires only.
I don't think above is correct!
Existing employees are eligible for extensions as of now and did not hear that the no gc clause for existing employees either!
In fact if u r in non-h1b working for TARP companies then u r even eligible for new H1. All rules apply for new hires only.
more...
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sdrblr
08-21 02:33 PM
The dates in the first couple of sentences are all messed up ( came to US through Company A in June 2007 and was with them until Dec 2006...........I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. )
It would help to answer if you can correct the dates.
I received an RFE from USCIS 10 days after the date on the letter and need to respond in 33 days.
I came to US through Company A in June 2007 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.
During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.
I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want �a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary�
Is this RFE bad? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.
It would help to answer if you can correct the dates.
I received an RFE from USCIS 10 days after the date on the letter and need to respond in 33 days.
I came to US through Company A in June 2007 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.
During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.
I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want �a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary�
Is this RFE bad? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.
girlfriend Dianna Agron Mark Salling.
meghanap2000
09-09 03:34 PM
This is the always problem with USCIS in porting PD. In my case they have put PD as 485 application received date. The only solution to this is ..Keep your attorney in the loop and ask them to send letters repeatedly and call the customer service center repeatedly..
There is no other way you can correct the PD. In my case I had an interview with officer and we gave both i-140 documents and told officer PD was printed wrong on interview letter. Officer said she will look into it and we dont know whether she corrected it or not.
There is no other way you can correct the PD. In my case I had an interview with officer and we gave both i-140 documents and told officer PD was printed wrong on interview letter. Officer said she will look into it and we dont know whether she corrected it or not.
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RollingStone12
04-25 02:48 PM
SURE I WILL GO BACK NO PROBLEM AND TAKE ALL THE MONEY I EARNED WHILE LIVING HERE.......OH BTW I am a AMERICAN CITIZEN...LOL !
Take whatever Sh&*t you want...dont forget your son.
BTW its not 'a' American and its 'an' American.
Big LOL :)
P.S: Dont tell your son you have money...:)
Take whatever Sh&*t you want...dont forget your son.
BTW its not 'a' American and its 'an' American.
Big LOL :)
P.S: Dont tell your son you have money...:)
garga
12-09 04:26 PM
Thank you all for the replies. I had an inclining that my lawyer was pulling stuff out of thin air...your replies does prove it.
I will google some more on the 104c rule but once again, Thanks to all of you!
I will google some more on the 104c rule but once again, Thanks to all of you!
kart2007
11-18 07:55 PM
its down, so .. so what? how does it matter?
Did you even read my first post?
No one would like their documents delivered to a wrong address, sent back and lost in mail etc?
Did you even read my first post?
No one would like their documents delivered to a wrong address, sent back and lost in mail etc?
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