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  • inskrish
    04-11 10:51 PM
    I lost my job.My 140 is approved and I 485 is over 180 days.I have 2 yr EAD .I was laid off on 6 th April and I see LUD on I-485 on 9 april.I am so much worried that I may get RFE.
    What are my option if I get RFE on Employment before getting new job.How can I get my RFE from company lawyer becase Lawyer address is on my 485 Receipt.


    I am 99.99 % confident that the soft LUD has nothing to do with your job loss. Had USCIS been that efficient to update our cases with in a couple of days of change request, we wouldn't have this messy immigration system. Lately, USCIS has been working aggresively to reduce the backlog of pending 485 applications applied during the July.2007 fiasco, by processing those applications. The "processing" means validating the application and the documentary evidences. If everything is fine with the application and the applicant's PD is also current, USCIS approves the I-485. If the PD is not current, USCIS preadjudicates the application and the application is kept pending until the PD becomes current. This triggers a soft update in LUD in I-485; besides, there are also several other scenarios that might trigger soft LUD in I-485.


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  • jambapamba
    08-03 05:11 PM
    Not advisable for the same company unless the new job duties are changed significantly.:cool:

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  • I_need_GC
    10-15 09:56 AM
    Clif is right I used EAD to work part time while still maintaining my H1B and full time job. During this time I traveled numerous times outside US. The IO never asked where or how many jobs I had. Before using EAD to work part time I confirmed this with my attorney and he said the same thing as clif. So its safe to work part time on EAD as long as you maintain your full time job.

    There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.

    EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.

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  • malibuguy007
    10-01 06:28 PM
    Sorry forgot to put the confirmation number in 86FWC-M9PFC


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  • logiclife
    01-05 01:42 PM
    In addition to that, there is a 90% chance that there will be an inquiry from USCIS when change of status petition (B1/B2 to H1) is filed, mostly asking the routine questions and the query would have to be replied by a good attorney in a proper manner.

    That would cost your friend here some money as replying the USCIS inquiries is pretty routine but its not free and lawyers would charge you $$ for that. If you are doing this thru a small company, the company might charge you / your friend here for reply to the USCIS query. It would be a minimum of $1000 to respond to such inquiries by an average attorney.

    Its better to go to India, get a fresh H1 approval (I-797) for yourself, get the visa stamp of H1 on your passport in India and then come here. You wont be able to start working until Oct 1 anyways.

    Also, please dont open 2 threads for the same question. I am going to delete the other thread.

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  • delhikadesi
    05-03 10:00 AM
    thats bad to hear beautiful mind..
    sometimes we say things without the complete context...

    in that case you deserve to be eb2


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  • gsrmurthy
    11-22 12:51 AM
    >I have a confusion. My H1 stamp on passport is expired but I have valid H1 >document untill December 2008. Can I go for stamping with valid H1 document?

    If you have a valid I-797 document that shows the validity of your H1B visa, I believe you should not have a problem. Also,check with your lawyer about the same.

    Since your I-485 will not get processed until your priority date is current, Once your wife is here on H4B, can you apply for her EAD? I'm in same boat as you but not yet married.

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  • reddog
    06-18 04:28 PM
    No one ever has gone to court over a Noncompete agreement issue. No one will.
    Most things in Business run on 'the word', and a non-compete is one of them.

    Now, if the company you are working for has more consultants working for the client, the client should be able to convince your company to let you go without any issues.

    Also, there are always some loopholes that are not covered in the non-compete, and it would help to explore along those lines.
    Very common idea is if job responsibilities change or if you are moved to a different project via a different vendor..
    Also, is the non-compete between the two companies written by a law firm and is of any legal binding? If not, what good is that outside the two businesses?

    I still do not know why would you want to work thru a different Vendor?
    Is this a Preferred Vendor issue?
    I mean, if you are anyways going on an AC21(assuming you are one of us :))
    why not push for a direct employment, that would ease the non-compete issue far more then the Vendor move.

    And finally, if the Non-compete is between the Client and the Vendor, why are you worried?

    someone please explain me how complete agreement works. I am working for the client through the main vendor who has a noncompete agreement with my employer (This is signed by my employer, not me). Now I am planning to leave my employer but the client is interested keeping me in the project through another vendor. Can someone explain me if it is possible?

    Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant


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  • add78
    03-20 10:01 AM
    I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.

    am I missing somthing here.

    Frankly, I am surprised to see such a question from someone with so many posts.
    If you read the OP and desi3933 responses, the OP is currently NOT in H1B status.
    Since there is no such thing as H1 "transfer", a new H1B petition is needed, if one is inside the country AND currently maintaining H1B status while the new H1B is requested, USCIS can issue the new H1B WITH a new I-94 (i.e. new I-797 with I-94 at the bottom). In that case, next time if the person goes out, while coming back can use this new I-797 with I-94 along with a previously unexpired visa stamp. Since OP is currently NOT in H1B status, USCIS will NOT issue new H1B (I-797) with I-94 and therefore, as the old visa stamp is now invalid (no longer working for older employer and no longer in H1B), the OP MUST apply at the consulate for new H1B stamp which will enable his/her entry and upon entry will get a new I-94 (white card).

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  • priderock
    05-31 03:52 PM
    Looks great. So how does it go with this amendment? Has it been ordered to lie on the table or sit up straight in a chair?
    From the status message it is referred to judiciary committee. So I guess, it is not killed yet.


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  • waitingmygc
    04-16 04:08 PM

    No need to worry if your employer is consulting company. If so, then in reply to USICS mention that you are employed by employer, but works/worked on different client sites for them which are in different states.

    Keep all your previous LCA ready or better attach copies of all with your reply. Not a big deal.

    I think its not a difficult RFE to respond. Consult your attorney for formal reply.

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  • milind70
    04-06 12:55 PM
    Can anyone please give me some suggestions..

    My dad health is not stable and has been admitted to hospital. I would like to visit him. Does this qualify for emergency appointment. Mine is H1 revalidation.

    Also please let me know what forms I need to complete before going to india.

    Your suggestions are appreciated. Thanks

    In word from your situation yes you can qualify for the emergency situation

    the below are the reasons VFS mentioned when i was going for revalidation
    1.Returning worker
    2. For attending a funeral
    3. If some family member is seriously ill

    But things change i would advise you to check the website it tells u clearly who qualify for the emergency appointment. Also write to the consulate with your situation they will definately respond to you.


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  • dilbert_cal
    03-25 02:00 AM
    We should try for

    1. Either to remove country quota
    2. Re-instate soft quota.

    The above is a long term and final solution.

    Other solutions - allowing to file 485, h1 extension for 3 more years will ease our life while we wait for the green card but the first two would make the wait shorter - do we want to "comfortably" wait longer or get to the end point faster ?

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  • msyedy
    01-10 09:06 AM

    As I had indicated that I had admission to study for MBA in europe starting Sep/Oct 2007, looks like I have to drop it due to the GC process ( entangled)

    My last discussion wirh Immi and employer drove the nail in the coffin.

    I would appreciate any suggestion fromfolks like you.


    I can quit the job and proceed for MBA at my risk ( leave spouse behind in the US in I-485 pending stage). If for example my PD ( July 2002 EB3 india) comes up during my absence in the US and if there is a RFE, my current employer WILL NOT provide a job offer so far into the future ( ie post Sep 2008). the least they said they can do is not pull labor and I-140 ( both approved and I-485 pending for 4 yrs)

    Since I am in the Mechanical egnineering field , i dont know who to find , ( unlike adundant software body shoppers present) who will draft an offer in case of RFE.

    I have few more weeks before I see this opportunity slip by.

    Can anyone guess if the EB3- India PD will move to July 2002 or beyond before September 2008?

    Any suggestion./directions will be appreciated... Around me i have no one who has even changed jobs , used AC21 etc.

    Thanks for your time

    No one can guess on this issue., believe me.......... Dont keep hope that in 1 year ,2 years you will have GC.
    Guessing is not allowed in this situation......................


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  • cheg
    08-14 06:26 PM
    Correct! One can only file EAD or AP when applying for I-485 when dates are current or after getting I-485 notice.

    But you cannot apply for first EAD/AP before applying for 485, correct? I would be surprised if we can apply for EAD/AP just after LC or 140 approval and when dates are not current for 485.

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  • rkat
    02-06 01:27 PM
    Thanks again for all answers - Another Q that i had is - i am applying for a extension of my H1 Visa. My current validity is till June 2008. My 6 years will be completed in August 2009. I have a approved I-140!

    My Q is - can i apply for a 3 year extension right now based on my 140 approval.? That is - can i extend H1 from July 2008 till June 2011..?? OR do i have to wait to complete all 6 years till i can use the benefit of the 140 approval for H1 extension?

    Thank you!


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  • nrk
    06-04 08:32 AM
    Hi Guys,

    This is my second job on EAD and never filed AC21. Do we need file one (Is it mandatory or optional)

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  • alterego
    05-28 09:49 AM
    As a quadruple renewer, let me share with you that the date on the EAD is from the point at which it is approved. You lose some time each year. Between myself and my wife we have had 8 and it has been the same each time.

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  • srikondoji
    06-18 08:46 AM
    What are you trying to convey? Are you saying we should not write up stories?
    If so think again.

    This is a right time to do it.

    I did not say that nor even remotely meant that.

    We should try and do all things that can improve our chances of success.

    10-23 08:38 AM
    I filed 485 on July 18 in NSC. I called USCIS on Oct 16 (exactly the 90th day), early in the morning. 1-800-375-5283(1,2,2,6,2,2,1). The lady who picked up said they have introduced a new system to raise a 'Service Request' for those who are waiting for more than 90 days for check clearance. She siad that mine was the first case she was entering into the system. She keyed in my details and gave me a Service Request # and said that an agent will be assigned to my case within two days to look for my application. On Oct 18th, I found that my checks were cleared. But the rec # are not showing on online yet. So, pls call USCIS and raise a service req if you don't see any activity yet, it worked for me, though the rec # s not updated online yet.
    I found that my appln was moved from NSC to TSC, as my rec # starts with SRC-08.

    03-04 06:58 PM
    It could be because there are no lnger any cases left with namechecks pending more than 180 days. See link

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