milind70
09-16 02:16 PM
Hello Gurus,
I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.
My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.
Thanks in advance.
--Srinivas
Well if you have used EAD to join the new employer you have no other option but use valid AP for reentry, if you have used H1 transfer and if you plan to get the H1 stamping (if the passport H1 stamp is expired) then you enter normally,
if you already have a valid stamping in passport make sure you show the latest I 797 showing the latest employer whom you are currently working so the IO enters the correct employer details.
This travel will not have any impact as long as you have AP and the new employer is supporting you GC process( i meant was providing documents as requested by USCIS if any)
I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.
My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.
Thanks in advance.
--Srinivas
Well if you have used EAD to join the new employer you have no other option but use valid AP for reentry, if you have used H1 transfer and if you plan to get the H1 stamping (if the passport H1 stamp is expired) then you enter normally,
if you already have a valid stamping in passport make sure you show the latest I 797 showing the latest employer whom you are currently working so the IO enters the correct employer details.
This travel will not have any impact as long as you have AP and the new employer is supporting you GC process( i meant was providing documents as requested by USCIS if any)
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ras
05-24 12:15 PM
My attorney told me that EAD to H1 will not counted against the cap if the person was on H1 before going on EAD. Is it true.
couple of attorneys with whom I enquired also told me that if you still have time on h1 then you are not counted under the cap and do not need to file afresh which goes through the process of lottery etc. I think at the most you need to go to the consulate to get the visa stamping. Can some one experience corroborate this.
Has anyone in the forum did EAD to H1?
couple of attorneys with whom I enquired also told me that if you still have time on h1 then you are not counted under the cap and do not need to file afresh which goes through the process of lottery etc. I think at the most you need to go to the consulate to get the visa stamping. Can some one experience corroborate this.
Has anyone in the forum did EAD to H1?
jack_suv
07-20 10:49 AM
After analyzing the normal benefits of filing 485 are:
1. get Advance Parole so no need to go for visa stamping
2. get EAD for spouse so spouse can start working
Other benefits but rarely used.
3. AC21 portability. This is rarely used as it may generate unnecessary RFE from USCIS.
For unmarried both the normal benefits are not applicable since you need to be on H1 to bring spouse on H4; and since no spouse no need for EAD for spouse.
The only true benefit for unmarried is AC21 portability with H1 transfer under layoffs or low salary.
The big negative is spouse loses H4 on GC approval if your PD is not current before GC approval unless a status change had already been made.
1. get Advance Parole so no need to go for visa stamping
2. get EAD for spouse so spouse can start working
Other benefits but rarely used.
3. AC21 portability. This is rarely used as it may generate unnecessary RFE from USCIS.
For unmarried both the normal benefits are not applicable since you need to be on H1 to bring spouse on H4; and since no spouse no need for EAD for spouse.
The only true benefit for unmarried is AC21 portability with H1 transfer under layoffs or low salary.
The big negative is spouse loses H4 on GC approval if your PD is not current before GC approval unless a status change had already been made.
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pappu
07-30 09:41 AM
obviously,
Thanks for your comment. The aim was not to create any rift. But to express disappointment when such arguments have taken place between members. I have deleted the post to avoid any futher discussion. We need to focus. Thanks for pointing it out.
Thanks for your comment. The aim was not to create any rift. But to express disappointment when such arguments have taken place between members. I have deleted the post to avoid any futher discussion. We need to focus. Thanks for pointing it out.
more...
kdprasad
07-08 07:19 PM
Any Drive in Minneapolis???
immuser
12-09 11:15 PM
Not really .... My brother worked in India for 3 years and worked here in US for 5 years before moving back to India and he is earning good too.
Salary for any job depends on lot of factors. How one negotiates is a key factor.
_________________
Not a legal advice.
I am skeptical about these high salaries. Companies have range for each position. good negotiation may get you the higher end but you can not go from 25L to 45L by negotiating.
The media there (and ppl too) like to talk about high salaries. This facebook article shows ppl obsession on the topic and a whole article about one studen't offer is ridiculous and vulgar in a way .
Salary for any job depends on lot of factors. How one negotiates is a key factor.
_________________
Not a legal advice.
I am skeptical about these high salaries. Companies have range for each position. good negotiation may get you the higher end but you can not go from 25L to 45L by negotiating.
The media there (and ppl too) like to talk about high salaries. This facebook article shows ppl obsession on the topic and a whole article about one studen't offer is ridiculous and vulgar in a way .
more...
texcan
10-17 12:23 AM
thanks and i am expecting more details
you can do any job you want in US, it does not have to be in any specific field.
Since you are/were on h4 you are a beneficiary. Only the primary applicant has to
work in the field in which his/her labor was filed, that too untill one gets the green card.
There are many thread in this forum on EAD benefits.
Go to Homepage-> Forums ( on left menu) and look for EAD specific topics.
Or search on this topic.
Now sure what more details you want,unless i can understand "Details" of your questions. Feel free shoot your questions and details will be provided at best i/we can.
you can do any job you want in US, it does not have to be in any specific field.
Since you are/were on h4 you are a beneficiary. Only the primary applicant has to
work in the field in which his/her labor was filed, that too untill one gets the green card.
There are many thread in this forum on EAD benefits.
Go to Homepage-> Forums ( on left menu) and look for EAD specific topics.
Or search on this topic.
Now sure what more details you want,unless i can understand "Details" of your questions. Feel free shoot your questions and details will be provided at best i/we can.
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continuedProgress
05-13 10:58 PM
This is something I've been wondering for a while reg. EB3->EB2 process.
After PERM and 140 approval (making sure past approved 140/PD are indicated) - do I need to file a fresh 485?
Thanks for any responses!
After PERM and 140 approval (making sure past approved 140/PD are indicated) - do I need to file a fresh 485?
Thanks for any responses!
more...
inthehole
07-30 03:34 PM
In my case, I filed in Nebraska on June 16 along with my wife's application. My application is still pending but my wife's got her EAD.
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manderson
11-25 11:45 AM
that's right. if u switch to F1 now then u will pretty much throw away your GC app. Plus you can only go to school part time on H1 with explicit written permission from the employer (consult lawyer to see if additional paperwork is needed). But you can go full time on EAD.
I am also thinking of going back to school. The way I plan to do this is to activate EAD (via I-9 form with employer) and abandon the H1. You see, after the AC21 period, I will have leverage to negotiate w/ the employer. If he can accomodate my going back to school I will stick with him, otherwise I can find a new employer....
Ofcouse the risk is, if GC gets denied, then by law you have to leave immediately.
I am planning to pursue my studies part-time, while working fulltime on H1B or EAD. If you move to F1 visa, you will have to forego your immigration application. To apply for immigration later will require you to start all over again. It is unbelievable !! :mad:
So, depending upon your age and other factors, you should consider studying part-time or wait till you get your GC.
------------------------
EB3 March 2003
AOS RD: June 22 '07
EAD, AP Received
I am also thinking of going back to school. The way I plan to do this is to activate EAD (via I-9 form with employer) and abandon the H1. You see, after the AC21 period, I will have leverage to negotiate w/ the employer. If he can accomodate my going back to school I will stick with him, otherwise I can find a new employer....
Ofcouse the risk is, if GC gets denied, then by law you have to leave immediately.
I am planning to pursue my studies part-time, while working fulltime on H1B or EAD. If you move to F1 visa, you will have to forego your immigration application. To apply for immigration later will require you to start all over again. It is unbelievable !! :mad:
So, depending upon your age and other factors, you should consider studying part-time or wait till you get your GC.
------------------------
EB3 March 2003
AOS RD: June 22 '07
EAD, AP Received
more...
thamizhan
07-17 10:17 PM
CHEERS TO AILA, AILF AND IMMIGRATION VOICE
Aside from Representative Lofgren, thanks are also due to the American Immigration Lawyers Association, the American Immigration Law Foundation and Immigration Voice. AILA as usual worked behind the scenes to try and push USCIS to reverse course while it's sister organization AILF quickly assembled a large number of plaintiffs for a major class action law suit. With the threat of a lawsuit of a massive lawsuit, USCIS felt the heat needed to motivate them and the fact that the suit was about to be filed surely contributed to USCIS' quick reversal of course. AILF is playing an increasingly vital role in the pro-immigration community giving us the ability to stand up for immigrants in the courts - often the only place many problems can be resolved.
Finally, a new voice - Immigration Voice - emerged to do what has never been effectively done in the past - organize the grassroots employment immigrant community. IV's Flower Campaign and its San Jose protest were firsts and garnered the attention of the nation's media and managed to humanize what for many was a dry technical issue. IV was also extremely effective at conveying news to its members and to the entire pro-immigration community (including this lawyer) and know IV will now be a critical part of future advocacy efforts. I'm looking forward to seeing the organization grow in size and influence.
Just a few days back I was decrying how the anti-immigration community was able to whip the pro-immigration community in the CIR bill because of their ability to mobilize their grassroots supporters. Now you can see how our side - which, after all, represents the views of most Americans - can win the same way.
Aside from Representative Lofgren, thanks are also due to the American Immigration Lawyers Association, the American Immigration Law Foundation and Immigration Voice. AILA as usual worked behind the scenes to try and push USCIS to reverse course while it's sister organization AILF quickly assembled a large number of plaintiffs for a major class action law suit. With the threat of a lawsuit of a massive lawsuit, USCIS felt the heat needed to motivate them and the fact that the suit was about to be filed surely contributed to USCIS' quick reversal of course. AILF is playing an increasingly vital role in the pro-immigration community giving us the ability to stand up for immigrants in the courts - often the only place many problems can be resolved.
Finally, a new voice - Immigration Voice - emerged to do what has never been effectively done in the past - organize the grassroots employment immigrant community. IV's Flower Campaign and its San Jose protest were firsts and garnered the attention of the nation's media and managed to humanize what for many was a dry technical issue. IV was also extremely effective at conveying news to its members and to the entire pro-immigration community (including this lawyer) and know IV will now be a critical part of future advocacy efforts. I'm looking forward to seeing the organization grow in size and influence.
Just a few days back I was decrying how the anti-immigration community was able to whip the pro-immigration community in the CIR bill because of their ability to mobilize their grassroots supporters. Now you can see how our side - which, after all, represents the views of most Americans - can win the same way.
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seekerofpeace
09-09 10:16 AM
Gimmegreen,
I received same email as you did....just "Approval notice sent" and that too for me nothing so far for my wife....
I was wondering that the difference between..."approval notice sent" and "welcome/CPO email" is that the former is still far from getting the card and needs some actions and more stress test done before the actual cards and the latter is all clear...
Also my case was "Texas original" though it moved to CSC and back....I think different centers are sending different emails...." a WAC case...
Will keep my finger crossed...just worried that my wife may miss the boat this time too...she was a dependent and our files must have moved together....Her status is still the old one "Case transfered to the center which has jurisdiction"
SoP
I received same email as you did....just "Approval notice sent" and that too for me nothing so far for my wife....
I was wondering that the difference between..."approval notice sent" and "welcome/CPO email" is that the former is still far from getting the card and needs some actions and more stress test done before the actual cards and the latter is all clear...
Also my case was "Texas original" though it moved to CSC and back....I think different centers are sending different emails...." a WAC case...
Will keep my finger crossed...just worried that my wife may miss the boat this time too...she was a dependent and our files must have moved together....Her status is still the old one "Case transfered to the center which has jurisdiction"
SoP
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Sakthisagar
04-30 10:01 AM
Even if CIR fails it is good for Legal immigrants. let amnesty fail but the amendment for Visa recapture wil be passed. Let the CIR come to the floor call all senators and congressmen, tell your story participate with IV
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saibaba
12-18 03:51 PM
You can set up register on the website of USCIS. After you get an account, put in your case receipt #, and you can monitor the progress of the case.
I did it on 12/06 and it shows the same date since then...
in fact it has not allowed me to add our app recipt numbers earlier and when I tried on 12/06 they got added to the online website...
so can I consider that there are no recent LUD's on our 485 apps?
thanx a lot for the info...
I did it on 12/06 and it shows the same date since then...
in fact it has not allowed me to add our app recipt numbers earlier and when I tried on 12/06 they got added to the online website...
so can I consider that there are no recent LUD's on our 485 apps?
thanx a lot for the info...
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rghrdr777
10-24 05:34 PM
TSC (Sent to NSC. Got transferred to TSC)
RD: 06/25/2007
ND: 08/01/2007
EAD Self Card Received: 08/23
EAD Spouse Card Received: 08/25
FP done for myself and Spouse: 09/06
AP: Waiting
GC: Waiting
RD: 06/25/2007
ND: 08/01/2007
EAD Self Card Received: 08/23
EAD Spouse Card Received: 08/25
FP done for myself and Spouse: 09/06
AP: Waiting
GC: Waiting
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rbalaji5
02-09 03:48 PM
Hi,
I have gone to India last Nov (2008) and got the H1B stamping upto Aug 2010. while entering the U.S due to the expiry of passport, I got the I-94 upto July 2009. Now I need extend my I-94.
I am planning to go out of country to get the I-94. Shall I go to Mexico to get the new I-94 ?. Note I have the stamping.
Shall I fly or drive ?. Which is the preferred way to get the new I-94. ? Any one did like this before ?. Your help is appreciated.
Thanks.
I have gone to India last Nov (2008) and got the H1B stamping upto Aug 2010. while entering the U.S due to the expiry of passport, I got the I-94 upto July 2009. Now I need extend my I-94.
I am planning to go out of country to get the I-94. Shall I go to Mexico to get the new I-94 ?. Note I have the stamping.
Shall I fly or drive ?. Which is the preferred way to get the new I-94. ? Any one did like this before ?. Your help is appreciated.
Thanks.
more...
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msp1976
02-12 10:28 AM
msp1976, I found out that it would take at least a month to get a new passport (is this right?), and I did not have time for it. I'll be sure to post my experience here.
Thank you!
I have heard of people getting passport in 1 day or so in New York...But you have to go in person.....The mail service would take longer....
Also once they give you a stanp for the whole duration.. as someone mentioned earlier...you need to carry the old passport and the new booklet they give you...That works out just fine.....
About what happnes at the POE depneds on the USCIS officer....It is just a draw of luck..
Thank you!
I have heard of people getting passport in 1 day or so in New York...But you have to go in person.....The mail service would take longer....
Also once they give you a stanp for the whole duration.. as someone mentioned earlier...you need to carry the old passport and the new booklet they give you...That works out just fine.....
About what happnes at the POE depneds on the USCIS officer....It is just a draw of luck..
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surabhi
05-29 08:21 PM
I have been working for a University for the last 3 yrs(2005-2008). The H1 they have is quota exempted and is non transferable. In 2006 a consultant A offered me a job and filed for H1b in the quota it has got approved.But due to certain reasons i have not joined them and still continued it the university job. In 2008 i got an another job oppurtunity with an another consultant B. They filed a H1 transfer from company A to Company B ,showing my university h1 that i am still in status.This H1 application by company B got denied and i have left the university job. Can i join the company A because they have an H1 approved in my name in oct 2006. I contacted consultant A and they still have not cancelled the H1 they have in my name.
Thank you for the help
YOu were in status until you were with the University. Did you start working with Company B pending approval. In that case you MAY be in status while you were working there. You are certainly out of status since your h1b is denied. Make sure you are not accumulating > 180 days.
USCIS denial seem to be consistent with the fact that you cannot transfer from cap-exempt to cap based job. Even though you petitioned from Company A to B, your H1 in use was from the University.
It should be possible to go back to Company A, assuming it is still valid and it has I-94 attached to it. The case is slightly complex, and a paid telephone consultation with a good attorney will be money well spent.
Thank you for the help
YOu were in status until you were with the University. Did you start working with Company B pending approval. In that case you MAY be in status while you were working there. You are certainly out of status since your h1b is denied. Make sure you are not accumulating > 180 days.
USCIS denial seem to be consistent with the fact that you cannot transfer from cap-exempt to cap based job. Even though you petitioned from Company A to B, your H1 in use was from the University.
It should be possible to go back to Company A, assuming it is still valid and it has I-94 attached to it. The case is slightly complex, and a paid telephone consultation with a good attorney will be money well spent.
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sagar_nyc
01-30 11:11 AM
I am hearing lot of cases about H1 extension denial. My advise to people is that if you have option to work on EAD please do so. I think because of current economic condition extention is becoming difficult
Hello Sac-r-ten,
Thanx a lot for your compliment. I had been following this forum online since 2007 july fiasco & this forum had given me lot of knowledge & helped me out to make the right decission whenever I was underguided or misguided by lawyers (very unfortunate though that we spend a lot on fee to give such professional people). I will always try to do my best if my knowledge can help any person like me who falls as a pray in the hands of immigration people.
Anyways, if you don't mind, can you pls. explain the reason on what basis did they deny your I-140 application. You did mention on education basis, but can you pls. elaborate the reason. I am really tensed about it at my I-140 is pending since more then 2.5 years now. I also received an RFE on it & havn't heard about it since then.
Your input might help me. Thank you in advance
Hello Sac-r-ten,
Thanx a lot for your compliment. I had been following this forum online since 2007 july fiasco & this forum had given me lot of knowledge & helped me out to make the right decission whenever I was underguided or misguided by lawyers (very unfortunate though that we spend a lot on fee to give such professional people). I will always try to do my best if my knowledge can help any person like me who falls as a pray in the hands of immigration people.
Anyways, if you don't mind, can you pls. explain the reason on what basis did they deny your I-140 application. You did mention on education basis, but can you pls. elaborate the reason. I am really tensed about it at my I-140 is pending since more then 2.5 years now. I also received an RFE on it & havn't heard about it since then.
Your input might help me. Thank you in advance
admin
02-09 10:32 PM
Everyone, I am working on a way to customize the WebFax. I should be able to complete it over the weekend.
xela
04-23 05:59 PM
June 31?
lol Thanks,....yeah the impossible day....no it was the 30th, my bad
lol Thanks,....yeah the impossible day....no it was the 30th, my bad
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