soorigadu2003
09-13 04:48 PM
In my case wife works in the same company which is sponsoring our GC and EAD apps .our EAD expired on Aug 13th (am on H1 still, wife on EAD). But Our laywer told us its ok to continue to work and employer didt ask us any thing so far. Still waiting for EAD. Expidite req was approved about 10 days ago, still waiting for the decision.
Per my lawyer, there is no written rule really that stops us working after EAD expiry,and it also depends on how employer looks at these rules and all this mess..
Per my lawyer, there is no written rule really that stops us working after EAD expiry,and it also depends on how employer looks at these rules and all this mess..
h4_optimist
05-07 12:33 PM
guys..it is very unfortunate that you felt that im here to make sensation by creating stories out of my head..!
the qn raised afew months ago was my friend who had this profile in this community..she gave me the link of the response, and also asked me to use her profile in future as she seldom use this community herself..in my situation, when we are going through lot of stress, i did not find time to create a new profile or update the current profile...i hope its not a major crime!!
today i checked the profile page, and i did not see anything relevant information that i can add (most of it is GC application related, which im not dong). the only thing i could do is remove the state of residence of my friend!
i cannot reveal my identity or share my personal information in a public forum other than my location which is India.
My employer had filed a civil complaint, saying i have broken the contract which i signed with them that i will work with them for 18 months!
if you do not feel comfortable helping a person without knowing the identity(i dnt see anybody in this forum using their real name), it is totally fine.
the qn raised afew months ago was my friend who had this profile in this community..she gave me the link of the response, and also asked me to use her profile in future as she seldom use this community herself..in my situation, when we are going through lot of stress, i did not find time to create a new profile or update the current profile...i hope its not a major crime!!
today i checked the profile page, and i did not see anything relevant information that i can add (most of it is GC application related, which im not dong). the only thing i could do is remove the state of residence of my friend!
i cannot reveal my identity or share my personal information in a public forum other than my location which is India.
My employer had filed a civil complaint, saying i have broken the contract which i signed with them that i will work with them for 18 months!
if you do not feel comfortable helping a person without knowing the identity(i dnt see anybody in this forum using their real name), it is totally fine.
meridiani.planum
06-27 01:42 PM
Hi All
Just came accross the following information as posted by the uscis latest newsletter...
If I am filing for a replacement EAD under 8 C.F.R., Section 274.a.12(c) (9), how long is the EAD valid?
If an individual requests to replace an EAD that has not expired, USCIS will issue a replacement EAD that is valid through the same date as the previously issued EAD. However, if the previous EAD has expired, USCIS will process the request for a renewal EAD and determine the appropriate validity period based on the Department of State Visa Bulletin and the applicant�s priority date.If USCIS determines that an applicant has filed multiple Forms I-765, the agency may deny the applications for the replacement or renewal EAD.
source: Latest USCIS Monthly Newsletter
Link available via www.immigration-law.com
Dos this mean that to get 2 yead EAD we have to file for an extension after the current EAD expires ???
can you please put a question mark at the end of the line when your subject is a question instead of a statement? Looking at this link I thought USCIS came out with some new regulation!
replacement EADs are always issued for the term of the original EAD, so this is no news. If you lose your current one year EAD, and file a new one, its expiry will be same as this one. If you lose a 2 year EAD, its replacement will be granted with the same expiry as the old one, so 2 years.
Just came accross the following information as posted by the uscis latest newsletter...
If I am filing for a replacement EAD under 8 C.F.R., Section 274.a.12(c) (9), how long is the EAD valid?
If an individual requests to replace an EAD that has not expired, USCIS will issue a replacement EAD that is valid through the same date as the previously issued EAD. However, if the previous EAD has expired, USCIS will process the request for a renewal EAD and determine the appropriate validity period based on the Department of State Visa Bulletin and the applicant�s priority date.If USCIS determines that an applicant has filed multiple Forms I-765, the agency may deny the applications for the replacement or renewal EAD.
source: Latest USCIS Monthly Newsletter
Link available via www.immigration-law.com
Dos this mean that to get 2 yead EAD we have to file for an extension after the current EAD expires ???
can you please put a question mark at the end of the line when your subject is a question instead of a statement? Looking at this link I thought USCIS came out with some new regulation!
replacement EADs are always issued for the term of the original EAD, so this is no news. If you lose your current one year EAD, and file a new one, its expiry will be same as this one. If you lose a 2 year EAD, its replacement will be granted with the same expiry as the old one, so 2 years.
glus
02-27 09:13 AM
Ok, since your GC has been approved, it is not true you need to wait 180 days. There is nothing in the law that says that. What is true is something different. When you received your GC through your employer, the presumption is that you will remain with this employer for a long time to come as it was a permanent job offer position. Of course, under some circumstances, it is possible you can't work for the same employer any longer; for instance, the company is closing etc. But, if you receive a GC and you voluntarily leave your employer immediately or after a few months, you MAY have issues during naturalization. At that time your application can be scrutinized whether or not you really was going to work for the employer who sponsored you. I've seen this happening several times. If you left voluntarily after a short period of time, the USCIS may say it was fraud and you never intended to work for your sponsor. So, in general, it is advisable to remain with the original sponsor for some time. Some attorneys say 1 year is enough, some say 2 years is enough and some say 6 months is enough. It is up to you. The law does not specify what the period is, but be logical and careful about this. You can hold 5 jobs, but I would suggest to stay with your current employer for as long as possible. Think forward, and not backward.
Hope this makes sense.
Hope this makes sense.
more...
suren
10-07 01:09 PM
My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
RamBihari
02-23 05:25 PM
I successfully ported from EB3 to EB2 in the same company while on EAD
Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)
The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...
I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....
Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...
Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....
Hopefully you'll get green card in July.
Porting is not that big of an issue as it may seem, its just matter of employer being willing to cooperate with applicants, rest of things falls into place itself.
Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)
The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...
I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....
Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...
Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....
Hopefully you'll get green card in July.
Porting is not that big of an issue as it may seem, its just matter of employer being willing to cooperate with applicants, rest of things falls into place itself.
more...
ita
11-12 09:42 AM
My wife's EAD was also sent back even though we haven't moved. She got all her other receipts. I didn't have her name in the mail box. Wondering if it is the reason but again she got all her receipts, ad parole. We called USCIS they opened a Service Request. It will take a month minimum.
What is the # u called to talk to CSR?
What is the # u called to talk to CSR?
smartboy75
08-14 11:56 AM
Hi All
Just wanted to share my exp as I had been to Biometric appointment yesterday.
I had an appointment @ 9:00 AM and my wife had it @ 12:00 PM...I reached at 8:15 AM and requested the staff if my wife could get her biometric done with me instead of waiting till 12:00 ...she refused....inspite of having only a handful of people she said she will only take her by 12:00 PM.....
I had my biometric done in 1 min...they took the application, asked me to confirm my name , took index finger print , took a snap and I was done....same thing for my wife....total time for both biometric 2 mins...wait 3 hrs....
Also intrestingly my wife had received an RFE for her EAD renewal.....guess what the RFE would be ???? I could not believe when I received the letter....the RFE letter was mailed on Aug 8th ..I received it in AUg 12th...it said that USCIS has not yet received my wife's biometric information and hence her case has been put in hold......the second page said pls provide the date of bimoetric appointment, ASC code , QA Review by -------- on ----------- and confirmation number if any....
Luckily for me our Appt was on Aug 13th...so I took the letter with me and showed it to the lady at the centre and she filled it out....but had a received the letter a day later...I had no clue what the heck to fill in QA review by ------ on -------- section....
What is more ridculuos is USCIS sends in the letter that they can see that biometric has not been done and hence they put my wife's case on hold.....they can very well see that the appointment is on Aug 13...so why send a letter to me asking when the Appointment is ????
What a waste of time and money....and the bigger implication is people who r working on EAD and who desparately need the EAD renewed in time have to unnecessarily go thorough the agony of having their application put in hold till the response is sent..when time is so crutial. If this unnecessary delay causes the EAD renewal to take more that 90 days, it is again the risk of loosing employment or salary for the applicant....
Anyways, I have filled out and mailed the respose to RFE today and hopefully they should process the application now...
Thought I should share my exp for all those who may receive same letters in the future......Hope this helps....
Just wanted to share my exp as I had been to Biometric appointment yesterday.
I had an appointment @ 9:00 AM and my wife had it @ 12:00 PM...I reached at 8:15 AM and requested the staff if my wife could get her biometric done with me instead of waiting till 12:00 ...she refused....inspite of having only a handful of people she said she will only take her by 12:00 PM.....
I had my biometric done in 1 min...they took the application, asked me to confirm my name , took index finger print , took a snap and I was done....same thing for my wife....total time for both biometric 2 mins...wait 3 hrs....
Also intrestingly my wife had received an RFE for her EAD renewal.....guess what the RFE would be ???? I could not believe when I received the letter....the RFE letter was mailed on Aug 8th ..I received it in AUg 12th...it said that USCIS has not yet received my wife's biometric information and hence her case has been put in hold......the second page said pls provide the date of bimoetric appointment, ASC code , QA Review by -------- on ----------- and confirmation number if any....
Luckily for me our Appt was on Aug 13th...so I took the letter with me and showed it to the lady at the centre and she filled it out....but had a received the letter a day later...I had no clue what the heck to fill in QA review by ------ on -------- section....
What is more ridculuos is USCIS sends in the letter that they can see that biometric has not been done and hence they put my wife's case on hold.....they can very well see that the appointment is on Aug 13...so why send a letter to me asking when the Appointment is ????
What a waste of time and money....and the bigger implication is people who r working on EAD and who desparately need the EAD renewed in time have to unnecessarily go thorough the agony of having their application put in hold till the response is sent..when time is so crutial. If this unnecessary delay causes the EAD renewal to take more that 90 days, it is again the risk of loosing employment or salary for the applicant....
Anyways, I have filled out and mailed the respose to RFE today and hopefully they should process the application now...
Thought I should share my exp for all those who may receive same letters in the future......Hope this helps....
more...
h1techSlave
07-19 01:22 PM
one of my friend got his Initail EAD after 90 days by walking into local office but that was long back in 2002 . Not sure if laws changed ..
In the immigration world, 5 years is like 5 centuries.:)
In the immigration world, 5 years is like 5 centuries.:)
maristella61
04-19 04:04 PM
My PD is now current and i will be filing in May !
My attorney sent me package with all papers to sign and is requesting a letter of approval of my visa of 2001 which I do not have. I only have the approved Visa on the passport (Not the letter):confused. Does anyone know if this could be a problem? Why would they need the letter if we have the original approved Visa on the passport?
Thanks in advance and good luck to all who are still waiting.
:confused:
My attorney sent me package with all papers to sign and is requesting a letter of approval of my visa of 2001 which I do not have. I only have the approved Visa on the passport (Not the letter):confused. Does anyone know if this could be a problem? Why would they need the letter if we have the original approved Visa on the passport?
Thanks in advance and good luck to all who are still waiting.
:confused:
more...
lazycis
09-17 09:59 AM
You can start working for other company only 180 days after receipt date for your I-485. The job has to be same or similar (profession-wise). If you are planning to change companies, it's better to do it before you get your GC, rather than immediately after.
voldemar
12-31 02:30 PM
If your wife wants to work, then, of course, both of you have to be on EAD.That's not correct. Primary applicant could be on H1 and dependent use EAD. When dependent starts using EAD it doesn't affect primary applicant.
more...
sgupta33
08-28 04:07 PM
you should use another attorney. How can you go to your employer's attonery(even though he represents you) and ask about taking another job?. Its same as asking your employer.:eek:
Thanks for your response. I actually work for a community mental health agency that does not have an attorney. The attorney I am working with is someone I found on my own with no ties to my company until I asked that she represent me in my green card process.
Thanks for your response. I actually work for a community mental health agency that does not have an attorney. The attorney I am working with is someone I found on my own with no ties to my company until I asked that she represent me in my green card process.
inskrish
11-18 05:37 PM
I-485
TSC --- June 27, 2007
NSC --- July 05, 2007
:mad:
TSC --- June 27, 2007
NSC --- July 05, 2007
:mad:
more...
buehler
01-14 07:13 PM
My wife received the FP notice 3 weeks ago and her FP is tomorrow. I never received it even though I am the primary applicant. I do see updates on my I-485 application but no FP notice. The USCIS center is quite far away from my home. Can I try to go there with my wife and see if they can do my FP also tomorrow or is that a lost cause?
scorpioca
05-17 04:38 PM
Hi,
I mom is from Nepal and Dad from India. Marriages between India and nepal is very common in my place, as we are border state. even my brother is married to nepali citizen and we have all my maternal family in Nepal.
I was born in Nepal, but my parents never thought that getting nepali passport would matter, as we were in India. On passport and other documents my I put India as my birth place and no one ever asked for proof of birth place in India back then.
Now for GC, i would need proof of birth( which i have, but from nepal) and that doesnt match my passport.
Would it be advisable to correct my place of birth in Indian passport and all the records now? Can I have "nepal" as my place of birth in indian passport? Will be be still considered Indian citizen?
How does all this affect my GC process? Any unseen dangers/after affects/side effects. please give your suggestions.
I mom is from Nepal and Dad from India. Marriages between India and nepal is very common in my place, as we are border state. even my brother is married to nepali citizen and we have all my maternal family in Nepal.
I was born in Nepal, but my parents never thought that getting nepali passport would matter, as we were in India. On passport and other documents my I put India as my birth place and no one ever asked for proof of birth place in India back then.
Now for GC, i would need proof of birth( which i have, but from nepal) and that doesnt match my passport.
Would it be advisable to correct my place of birth in Indian passport and all the records now? Can I have "nepal" as my place of birth in indian passport? Will be be still considered Indian citizen?
How does all this affect my GC process? Any unseen dangers/after affects/side effects. please give your suggestions.
more...
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Jerrome
01-30 10:22 AM
Yes, you can Travel as long as the H1 Visa Stamping in Un-Expired,
My scneario was i worked for employer A,
Had H1 visa stamping Upto Oct 2006.
Changed employer and H1B transfer with Extension.
Traveled to India returned, While returning Showed the New 797 to the Officer and Got the I-94 for the new date. No problem.
Please carry just in case your new employer employement verification letter and latest paystub. Most of the time it is not necessary but just in case.
My scneario was i worked for employer A,
Had H1 visa stamping Upto Oct 2006.
Changed employer and H1B transfer with Extension.
Traveled to India returned, While returning Showed the New 797 to the Officer and Got the I-94 for the new date. No problem.
Please carry just in case your new employer employement verification letter and latest paystub. Most of the time it is not necessary but just in case.
dhirajs98
02-29 01:48 PM
Thanks guys for your replies. My employer has more than 100 consultants and I think it is a stable financially. I never had any problems in my salary. I was paid on time always.
So you mean after appeal they can approve my I140?
I do not know my PD. But my labor was filed sometime in Dec 2006.
Chantu,
I had this issue with my labor not with I140. My employer provided all the required documents and then it was approved. As long as your company is financialy sound . you should get approved.
BTW, when did you file your I-140?
EB2 or EB3?
So you mean after appeal they can approve my I140?
I do not know my PD. But my labor was filed sometime in Dec 2006.
Chantu,
I had this issue with my labor not with I140. My employer provided all the required documents and then it was approved. As long as your company is financialy sound . you should get approved.
BTW, when did you file your I-140?
EB2 or EB3?
sanjay02
08-17 02:31 PM
Hi bsnf
Are you the primary applicant?
Are you the primary applicant?
anjans
07-09 09:46 PM
thanks
adiboss007
04-16 01:29 PM
Dear Friends:
I also have a similar question on traveling abroad for 4 weeks with my 485 pending.
As you all know that when we applied our 485 AOS (EB-based) we had to also submit the copy of our latest 1-94 card (which I did). Now that I am leaving the US, I will be handing over the original 1-94 at the port of exit (a copy of which was submitted with the 485 application). Then when returing, I will be receiving another new 1-94. So my questions:
(a) Will I have to re-send the INS another copy of my new 1-94 when I return to the US (b) also might surrendering the old 1-94 and getting new one confuse my 485 records with the INS (c) Finally, do any of you know of anyone who with 485 pending, a valid H1B visa, and no Advanced Parole has had any problems returning back to the US?
Please advise, and that would be so appreciated. Regards.
read the Murthy Bulletin, "Effect of Travel While in H1B / L-1 Status and Pending I-485" :
http://murthy.com/mb_pdf/032108_P.html
-a
I also have a similar question on traveling abroad for 4 weeks with my 485 pending.
As you all know that when we applied our 485 AOS (EB-based) we had to also submit the copy of our latest 1-94 card (which I did). Now that I am leaving the US, I will be handing over the original 1-94 at the port of exit (a copy of which was submitted with the 485 application). Then when returing, I will be receiving another new 1-94. So my questions:
(a) Will I have to re-send the INS another copy of my new 1-94 when I return to the US (b) also might surrendering the old 1-94 and getting new one confuse my 485 records with the INS (c) Finally, do any of you know of anyone who with 485 pending, a valid H1B visa, and no Advanced Parole has had any problems returning back to the US?
Please advise, and that would be so appreciated. Regards.
read the Murthy Bulletin, "Effect of Travel While in H1B / L-1 Status and Pending I-485" :
http://murthy.com/mb_pdf/032108_P.html
-a
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