mattresscoil
12-09 07:58 AM
Hi,
I filed my I-140 and 485 concurrently using substitue labor by June'07. Still my I-140 is pending. Recently again I filed my Labor with the same company(No change in the compary ). it got approved last week. I am going to apply for new I-140. Can I port the previous PD?
Thanks
VK
Venkatanathen:
Your previous I140 needs to be approved. If it is pending, I dont think you can port a priority date from it. Again please have this answer qualified by an attorney.
I filed my I-140 and 485 concurrently using substitue labor by June'07. Still my I-140 is pending. Recently again I filed my Labor with the same company(No change in the compary ). it got approved last week. I am going to apply for new I-140. Can I port the previous PD?
Thanks
VK
Venkatanathen:
Your previous I140 needs to be approved. If it is pending, I dont think you can port a priority date from it. Again please have this answer qualified by an attorney.
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sixburgh
08-13 06:05 PM
I saw some information somewhere, but don't have the link right away to post here.
But here is the crux of it.
Basically the guy said that : assuming that the wife is working on EAD, and the moment she gets an H4 extension approval, she automatically comes on H4 status, but the very next day if she goes back to work on EAD, the H4 status gets invalidated and person comes on AOS status instantly.
Now should she force the company to update the I-9 on that date, is the question.
The bottom line I think is : there is nothing called as a STATUS field in any USCIS or DOS computer system. Its what you do that determines your status. I believe USCIS allows dual intent.
Does anyone think that I am wrong?
But here is the crux of it.
Basically the guy said that : assuming that the wife is working on EAD, and the moment she gets an H4 extension approval, she automatically comes on H4 status, but the very next day if she goes back to work on EAD, the H4 status gets invalidated and person comes on AOS status instantly.
Now should she force the company to update the I-9 on that date, is the question.
The bottom line I think is : there is nothing called as a STATUS field in any USCIS or DOS computer system. Its what you do that determines your status. I believe USCIS allows dual intent.
Does anyone think that I am wrong?
lazycis
12-11 06:00 AM
wow !! Good... so you too applied after your EAD had expired... and you continued to work on H1. That gives me a good feeling... thanks. Can you share your situation a little more (or I can give my email seperately). I was also wanting to know if you ae aware whether EAD can be applied from outside the US, just in case I had to do that...
That was exactly my situation - working on H1 and having EAD just in case. I was not planning on changing jobs and H1 was just extended for another 3 years so I think I waited almost a year (after EAD expired) before applying for EAD renewal. I do not see why you cannot file it from outside the US if you file by mail. There will be an issue if you e-file as you will have to appear at the ASC to have your picture taken. So file by mail, all you need to send is form I-765, a copy of I-485 receipt, a copy of current (old) EAD, 2 photos and a check for $340 payable to DHS.
That was exactly my situation - working on H1 and having EAD just in case. I was not planning on changing jobs and H1 was just extended for another 3 years so I think I waited almost a year (after EAD expired) before applying for EAD renewal. I do not see why you cannot file it from outside the US if you file by mail. There will be an issue if you e-file as you will have to appear at the ASC to have your picture taken. So file by mail, all you need to send is form I-765, a copy of I-485 receipt, a copy of current (old) EAD, 2 photos and a check for $340 payable to DHS.
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karanp25
07-21 05:08 PM
I assume he can use the AP after October 2008 for his travel--correct?
This is trouble.
They might have issued AP to you, lost somewhere in mail. Now they renewed starting expiry of first one.
On this AP - a big NO.
I hope someone familiar with this type of situation - is it possible to request USCIS by taking infopass?
This is trouble.
They might have issued AP to you, lost somewhere in mail. Now they renewed starting expiry of first one.
On this AP - a big NO.
I hope someone familiar with this type of situation - is it possible to request USCIS by taking infopass?
more...
lazycis
10-05 09:03 PM
Your H1-B does not matter. What matters is LC for your I-140. It sounds like you want to use AC21 portability. EAD allows to work for any employer(s), but you have to make sure your I-140/I-485 is intact.
conundrum
03-28 10:01 AM
Great for us...aren't are Indian PHD's in the US are as scholarly and motivated as before? lol To think that there are left over visas in this category beats me ! :D
Having a PhD alone doesn't put you in EB1. Everything depends on the job requirement. You can have a PhD and still be in EB3 if the job that you are working doesn't require an advanced degree.
Having a PhD alone doesn't put you in EB1. Everything depends on the job requirement. You can have a PhD and still be in EB3 if the job that you are working doesn't require an advanced degree.
more...
glus
07-29 10:53 AM
As soon as you adjust your status to F1 your I-485 becomes void. Further having and EAD has nothing to do being on F1.
In short it is not easy to go back full time studying while your I-485 is pending.
If you are not sure, don't give untrue info!! His F1 will be unaffected until and when he starts using EAD. He will not be able to re-enter on F1, but as long as he does not use EAD he can maintain this status. To re-enter he will need to use AP and at that point he is no longer in F1.
Also, once you file I485, there is no problem going to school as long as he maintains the job he was originally sponsored for.
In short it is not easy to go back full time studying while your I-485 is pending.
If you are not sure, don't give untrue info!! His F1 will be unaffected until and when he starts using EAD. He will not be able to re-enter on F1, but as long as he does not use EAD he can maintain this status. To re-enter he will need to use AP and at that point he is no longer in F1.
Also, once you file I485, there is no problem going to school as long as he maintains the job he was originally sponsored for.
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Hassan11
04-08 11:13 AM
is MTR the same thing as Appeal?? so far I haven't heard from the Appeal borad. as I mentioned before the HR Manager sent them a letter at the end of Jan 2008 requesting an update on my appeal but she hasn't heard anything from them. this is really taking forever. all we want them to do is to make a decision, either accept the appeal or deny, so i can move on.
I would definitely be interested to see how your MTR pans out. Please keep us posted. We filed a MTR back in 2005 for a PERM case that was denied because the salary was wrong on a job opening notice - we ended up winning the MTR and the case was approved but not until mid-2007. We have had some erroneous denials recently and are looking to file the motions to reconsider, so I would love to know your experience if you receive a decision.
I would definitely be interested to see how your MTR pans out. Please keep us posted. We filed a MTR back in 2005 for a PERM case that was denied because the salary was wrong on a job opening notice - we ended up winning the MTR and the case was approved but not until mid-2007. We have had some erroneous denials recently and are looking to file the motions to reconsider, so I would love to know your experience if you receive a decision.
more...
vali
10-23 02:10 PM
Thank you so much, I'm pretty clear now, I wish you good luck with your problems, it feels good to know that there still are nice people around.
Thanks again to you and IV.
Thanks again to you and IV.
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Anders �stberg
July 15th, 2004, 06:55 PM
I can't stop thinking about how the picture would have looked with the mother bird in focus and the young OOF... it didn't occur to me at the time but it would have been very cool to try to preset focus for the approaching bird... I hope they are still there tomorrow...
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tejonidhi
11-27 01:20 PM
My friend is in India during the July 15 period. He is being told by the consulting firm that they have applied for Labor Substitution. All I know about labor substitution is that you have to apply for I 140 along with the approved labor sheet that company gets from DOL. The company Lawyer kept saying that they have sent it to DOL for substitution. I just want to clarify that there is no other way of substitution other than applying I 140.
Thank you
Thank you
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neoneo
07-30 12:03 AM
IMHO.. one thing for sure is that post school u need to join the same position as filed for GC. However being non resident has nothing to do with USICS. It's to do with IRS and the state tax agencies. Also, you wont go on "F-1" visa since you'll use AP. But you do need an I-20.(two different things ...similar to I-797 and H1)
So, the question to be asked is not "Can one goto F-1 visa after filing EAD" rather "Can one goto school after filing EAD ?".
I don't quite understand why one can't ( I'm sure there are reasons) If a person can stay at home or be self employed after applying for EAD/AP. Then IMHO that person can goto school too.
I think you can, however u need to join the same position for which the GC was filed and u need to be paying taxes.
Any suggestions ? .. also, what happens if your spouse is on F1 when the primary applicant files for 485/EAD/AP?
So, the question to be asked is not "Can one goto F-1 visa after filing EAD" rather "Can one goto school after filing EAD ?".
I don't quite understand why one can't ( I'm sure there are reasons) If a person can stay at home or be self employed after applying for EAD/AP. Then IMHO that person can goto school too.
I think you can, however u need to join the same position for which the GC was filed and u need to be paying taxes.
Any suggestions ? .. also, what happens if your spouse is on F1 when the primary applicant files for 485/EAD/AP?
more...
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chaks7
01-20 11:24 AM
My wife is the primary on the insurance and I am the dependent. My employer does not offer insurance. It is a consulting co. I checked with him; he said there were not enough people to go with Group policy and people have to find Individual Insurance. So COBRA may be the only option if something changes with her job.
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123456mg
07-25 07:58 PM
Come on Saroj76, I know you were drunk when you posted this message that has nothing to do with the discussion thread. I wonder to see if you are doing a kind of advertisement for this lawyer in this forum. Just to let you know, this is not meant for advertisement of your buddies but a serious discussion. You are hereby warned.
He handled my case from OPT, to H1B, to Green Card. He is a very professional lawer and very responsible. He replies emails right away and answers phone calls. On the top of that his fees are much less compared to all these big law firms. I was really satisfied and impressed by his service. I would have stayed with him but my company got bought out by another big firm, so I had to switch the law firm. Check out his website.
http://webberlaw.com/
He handled my case from OPT, to H1B, to Green Card. He is a very professional lawer and very responsible. He replies emails right away and answers phone calls. On the top of that his fees are much less compared to all these big law firms. I was really satisfied and impressed by his service. I would have stayed with him but my company got bought out by another big firm, so I had to switch the law firm. Check out his website.
http://webberlaw.com/
more...
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RDB
08-03 02:38 PM
Alright - my wife and I completed the Interview today and they asked for proof of relationship (joint assets, tax returns etc.), current employment letter and Birth Certificates. After that the officer told me that he has approved the case in the system, however, as my PD is not current they can't give me the actual card.
He also mentioned that this is the last ritual in the process and once the dates become current, all they need to do is to order the card production!
I did ask him why we were called for interview when the dates are not current and he said that the best way to process the applications received during the deluge of July 2007 is this way :) - he was kind of mad at DOS for doing that!
So, I guess I just have to wait for the Dates to become current - which might take another 5-10 years :D
Thanks for the link. Looks like I will have to get ready for an interview!!!!
He also mentioned that this is the last ritual in the process and once the dates become current, all they need to do is to order the card production!
I did ask him why we were called for interview when the dates are not current and he said that the best way to process the applications received during the deluge of July 2007 is this way :) - he was kind of mad at DOS for doing that!
So, I guess I just have to wait for the Dates to become current - which might take another 5-10 years :D
Thanks for the link. Looks like I will have to get ready for an interview!!!!
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eb3retro
04-12 10:16 PM
Do we really need to attach a copy of the front page of the passport for AP renewal, wouldn't a copy of the DL be sufficient enough?
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number30
07-23 07:54 PM
I'm in a similar predicament as well. I'm on EAD and 485 is pending, can I claim unemployment benefits?
Only problem is that, it will become a documented proof of your current unemployment. Otherwise it is just insurance. Dependents can go that safely. Primary I am not sure.
Only problem is that, it will become a documented proof of your current unemployment. Otherwise it is just insurance. Dependents can go that safely. Primary I am not sure.
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singhsa3
11-15 09:39 AM
Simply and bluntly put
IV is we. If you are not there , there is no IV. We are in agony and pain. Let us scream so loud that even deafs may lend their ears.
What is at stake is you career. We have every thing to loose by doing nothing. I know, I have lost a whole lot. Probably I were better off moving to India after my MBA. I might have been doing much better there. But I am at the point where I cannot let got without trying. Have you reached that point yet?
Here is my personal story, if you think you can do better here without the Green Card. Think again! I have been slogging in this mess since 1999, even though I have world class qualifications (Full time MBA from a top US school, several years of work experience, PMP and marching toward CFA). All this are futile , if I don't have that stupid work permit with out any strings attached (Green Card)
Yes I do have EAD. But it is full of restriction. At least let us work together to remove that restriction..
I don't want any freaking loosers. Loosing is their nature. I want winners to work with me. Are you the one?
IV is we. If you are not there , there is no IV. We are in agony and pain. Let us scream so loud that even deafs may lend their ears.
What is at stake is you career. We have every thing to loose by doing nothing. I know, I have lost a whole lot. Probably I were better off moving to India after my MBA. I might have been doing much better there. But I am at the point where I cannot let got without trying. Have you reached that point yet?
Here is my personal story, if you think you can do better here without the Green Card. Think again! I have been slogging in this mess since 1999, even though I have world class qualifications (Full time MBA from a top US school, several years of work experience, PMP and marching toward CFA). All this are futile , if I don't have that stupid work permit with out any strings attached (Green Card)
Yes I do have EAD. But it is full of restriction. At least let us work together to remove that restriction..
I don't want any freaking loosers. Loosing is their nature. I want winners to work with me. Are you the one?
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WaitingForMyGC
01-09 02:30 PM
It would definately move..but movement would be backward. :-)
Queen Josephine
June 19th, 2005, 08:53 PM
It is out and installed. I loaded up the rainbow picture, did an adjustment layer, but don't seem to be making changes that really improve the shot. I'll try some more later, but I have to go, the sun is about to rise :)
If you get frustrated with it, drop a note. I actually did the rainbow pic this am before I left the house.... took screen shots while doing it and made a pdf file for you. I just haven't had time to get it up on my website yet though. Maybe tomorrow!
If you get frustrated with it, drop a note. I actually did the rainbow pic this am before I left the house.... took screen shots while doing it and made a pdf file for you. I just haven't had time to get it up on my website yet though. Maybe tomorrow!
ramaonline
07-15 02:10 PM
You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.
But on H4 you can still work on EAD, while maintaining your H4 status.
H4 status ends the moment you start using EAD for employment. You would need to use AP for travel and re-entry.
But on H4 you can still work on EAD, while maintaining your H4 status.
H4 status ends the moment you start using EAD for employment. You would need to use AP for travel and re-entry.
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