HRPRO
05-04 01:26 PM
Hello experts,
My situation:
1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
Now using ead for working with the present (second) employer as a permanent employee.
3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
In 2011, I used it,since my H1 was also expired.
4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
PD July 2006
Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
Using travel visa won't be helpful for longer stay.
My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.
Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
Since I am working as a permanent employee, it will be easy to renew/maintain H1.
Is it possible to convert ead to H1? What could be the consequences?
Please advice.:confused:
Thanks
You can switch back to a H-1 and have an EAD in parallel. In fact it is a safer bet and gives you the flexibility to travel easily. I would not recommend you use the EAD unless you have to and stay on H as long as possible. But irrespective of whether you use your EAD or not, do not let it expire and dont forget to renew it. Just keep your options open.
HRP
My situation:
1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
Now using ead for working with the present (second) employer as a permanent employee.
3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
In 2011, I used it,since my H1 was also expired.
4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
PD July 2006
Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
Using travel visa won't be helpful for longer stay.
My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.
Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
Since I am working as a permanent employee, it will be easy to renew/maintain H1.
Is it possible to convert ead to H1? What could be the consequences?
Please advice.:confused:
Thanks
You can switch back to a H-1 and have an EAD in parallel. In fact it is a safer bet and gives you the flexibility to travel easily. I would not recommend you use the EAD unless you have to and stay on H as long as possible. But irrespective of whether you use your EAD or not, do not let it expire and dont forget to renew it. Just keep your options open.
HRP
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austingc
07-31 11:15 AM
Yes thats right. I never thought i would face this issue with a single line on the ETA form.
I have taken this issue with my HR, and they are changing the immigration lawyers.
As a contingency measure, my HR is applying for 1 H1 extension, just in case the I-140 is denied. I hope the USCIS adjudicator is a cool guy and get satisfied with the evidence i submit.
That’s good. In addition to the evaluation, it doesn’t hurt to get a letter from the university to show that the degree is actually computer and mathematics related.
I have taken this issue with my HR, and they are changing the immigration lawyers.
As a contingency measure, my HR is applying for 1 H1 extension, just in case the I-140 is denied. I hope the USCIS adjudicator is a cool guy and get satisfied with the evidence i submit.
That’s good. In addition to the evaluation, it doesn’t hurt to get a letter from the university to show that the degree is actually computer and mathematics related.
bach007
08-21 10:15 PM
It's not cheating. The August 16 date is the Processing Up-date, not the posting date.
Check this out on header:
Service Center Processing Dates for Nebraska Service Center Posted August 16, 2007 ;)
Check this out on header:
Service Center Processing Dates for Nebraska Service Center Posted August 16, 2007 ;)
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desi3933
02-26 11:14 PM
Thank you for your reply. The scenario would be...if my husband loses his H1B due to a layoff, etc, then I would lose my H4 status. In that case, will I still be able to enter the US on a B1/B2 as it was initially valid till 2013.
No.
___________________
Not a legal advice.
No.
___________________
Not a legal advice.
more...
virginia_desi
02-13 03:28 PM
PD: October 2, 2002
Country: India
First Labor: EB3 (approved in May 2006)
First I-140 approved: July 2006
Second Labor: EB2 (filed in June 2007 and approved in December 07)
Second I-140: Filed in January 2008 requesting retention of priority date
I-485: Filed in April 2008
Second I-140 approved in August 2008 with incorrect priority date
Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
USCIS email on February 9.
Country: India
First Labor: EB3 (approved in May 2006)
First I-140 approved: July 2006
Second Labor: EB2 (filed in June 2007 and approved in December 07)
Second I-140: Filed in January 2008 requesting retention of priority date
I-485: Filed in April 2008
Second I-140 approved in August 2008 with incorrect priority date
Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
USCIS email on February 9.
andy.jones110
10-16 10:37 PM
Thanks for the reply.
So you mean to say that I will get the Approval for Visa Transfer, but with consular processing and I need to Travel to my country of origin to get Visa stamped and I will get new I-94 when I enter US again.
Am I correct?
So you mean to say that I will get the Approval for Visa Transfer, but with consular processing and I need to Travel to my country of origin to get Visa stamped and I will get new I-94 when I enter US again.
Am I correct?
more...
LookingForGC
01-25 06:35 PM
Oh man, i was really interested to see the post after looking the title, but :)
Take your time...
Take your time...
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zuhail
10-30 02:02 PM
I completely disagree with what gc_on_demand is saying.
Even as recently as this week, Congress has passed some immigration provisions that has been added to other major bills and Obama has signed them into law. I do not believe that Hispanic Caucus is simply blocking every immigration legislation until CIR- that's just BS.
Based on the statistics published by USCIS,
MurthyDotCom : USCIS Shares Useful Info in Pending I-485 Charts (http://www.murthy.com/news/n_pndchr.html)
http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
I think passing this bill help will definitely help the EB2 category which would consequently make more visa numbers available for EB3 category.
I believe that IV should start a dedicated fund raising movement for lobbying efforts to help pass this bill.
Sri.
Even as recently as this week, Congress has passed some immigration provisions that has been added to other major bills and Obama has signed them into law. I do not believe that Hispanic Caucus is simply blocking every immigration legislation until CIR- that's just BS.
Based on the statistics published by USCIS,
MurthyDotCom : USCIS Shares Useful Info in Pending I-485 Charts (http://www.murthy.com/news/n_pndchr.html)
http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
I think passing this bill help will definitely help the EB2 category which would consequently make more visa numbers available for EB3 category.
I believe that IV should start a dedicated fund raising movement for lobbying efforts to help pass this bill.
Sri.
more...
jonty_11
11-02 10:54 AM
BTW - I140 has to be filed by a sponsor Company and as far as I485 is concerned, you can do it on ur own, but it has to be based off of LC and I140 approvals which are with your Company..so its very difficult to file 485 on ur own..
Sounds like somegchuh wants to know this to be ready with documentation when his Company is ready to file for 140/485 ( some day)
Sounds like somegchuh wants to know this to be ready with documentation when his Company is ready to file for 140/485 ( some day)
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brasil
07-29 07:20 PM
I’m a legal immigrant, I140 approved and on EB3 waiting list, priority date 04/2006. I need to renew my valid SC driver's license that will expire on 08/15/2010. Went to SC DMV today and they confiscated my valid SC drivers license card, issued a sheet of paper (Letter size) with letter head "Temporary driver's license card" without photo on it. This "document" is only valid in SC. This means that I cannot travel outside SC and May take up to 60 days to re-issue my SC DL card. I'm a professional electronic engineer and my work requires to travel outside the SC state. Why do I need to be punished? Just because I am a foreigner! This is an interesting story where the SC and other states illegal Immigration Reform Act is affecting legal immigrants very badly. Is all about illegal immigrants or there is a growing xenophobia in the USA? If you are a foreigner but legally in this country you are consider guilty until proven innocent? Or all immigrants are consider illegal?
more...
bestia
07-17 02:48 AM
cover letter doesn't matter. they don't want it, more over you made officer read extra page of stuff... :) creating backlogs :)
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sumkam
07-28 03:01 PM
It takes roughly 20 business days. We just got ours.
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satishku_2000
07-30 05:08 PM
Thanks for posting this. I was thinking of creating a thread for this purpose. Self filers please make sure that you file the "correct" versions of 131 and 765
Here is a link for your reference.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D
Here is a link for your reference.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D
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nixstor
10-25 08:46 AM
Yeah! You are right. I will post one too.
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fightforit
01-26 10:29 AM
In that case I apologize. But of late there has been a spate of such suspicious activity. Look at the number of new threads opened about people being sent back by accounts with only 1 post. Looks at the pointless argument going over between messers snram4 and u.misc. Check their history and make up your own mind. I cannot imagine someone with any semblance of maturity could engage in just hideously low level argument. So obviously there is an agenda at work. To each is own . But please, its funny only if your audience finds it funny and there is nothing funny about the Feb visa bulletin no matter which part of the world you are from.
I only recently discovered IV and use to just read posts on Murthy earlier. It seems like some of the imbeciles from Murthy may have made their way here. There is so much nonsensical and agenda based talk on Murthy its not funny. And most galling is the fact that two of my posts that contained strong arguments against certain **famous** posters were not published!! They allow posts with name calling and rude language, but not with strong rebuttals against certain schools of thought.
I only recently discovered IV and use to just read posts on Murthy earlier. It seems like some of the imbeciles from Murthy may have made their way here. There is so much nonsensical and agenda based talk on Murthy its not funny. And most galling is the fact that two of my posts that contained strong arguments against certain **famous** posters were not published!! They allow posts with name calling and rude language, but not with strong rebuttals against certain schools of thought.
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GCKarma
01-12 01:41 PM
wht is WOM?
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luckylavs
07-16 12:48 PM
hk196712 ,
Please dont mind , when you ask / post a question please provide a brief describtion about ur situation which will enable all the readers and gurus to provide you an accurate answers. Say for example : PD, date filed and other details that you can see on many of signatures. Insdead of asking 10 questions to you , you might get the answer straight away...
Not just you , but many of the users who are new to this form , please first explain your situation with details and then ask the actual question.
Thanks
Please dont mind , when you ask / post a question please provide a brief describtion about ur situation which will enable all the readers and gurus to provide you an accurate answers. Say for example : PD, date filed and other details that you can see on many of signatures. Insdead of asking 10 questions to you , you might get the answer straight away...
Not just you , but many of the users who are new to this form , please first explain your situation with details and then ask the actual question.
Thanks
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fromnaija
05-19 10:44 AM
You might want to have your transcripts and/or mark sheet evaluated by an approved degree evaluation agency. They will be able to offer a professional opinion as to what your diploma is equivalent to.
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Venkat_175
04-08 11:40 AM
It looks my ex-employer us not going to take any action as they are getting some business from the client. Thank you very much for helping me.
Regards,
Venkat.
Regards,
Venkat.
Raj Iyer
09-13 04:52 PM
Due to the denial of your H-1B extension, you did not have any underlying non-immigrant status at the time of filing the H-1B transfer. IF your petition gets approved, normally USCIS will only approve it with consular processing. Assuming your H-1B extension was successful, they will approve a transfer.
8 months is a long time for a pending H-1B. You should immediately follow up. Since it is a premium processing, you should be able to send an email to the premium processing division. I would be very worried if the case is taking so long.
8 months is a long time for a pending H-1B. You should immediately follow up. Since it is a premium processing, you should be able to send an email to the premium processing division. I would be very worried if the case is taking so long.
coopheal
02-19 05:32 PM
Please one of you summarize handling of EAD/AP for multiple I-485s on wiki.
http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS/I485_FAQ#How_does_USCIS_handles_EAD.2FAP_for_Multi ple_I-485s
Thanks,
Coopheal
http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS/I485_FAQ#How_does_USCIS_handles_EAD.2FAP_for_Multi ple_I-485s
Thanks,
Coopheal
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