VMH_GC
07-22 12:46 PM
our ead is expiring in sep1st week. My attorney has just filed for ead renewal, am still waiting for a receipt no.
Since am working in H1 and not used EAD yet, i wont have any problem.
My wife is currently working on H1B and had plan to switch on EAD, although she has not started using the current EAD.
And her H1 is also expiring in september.
I am now afraid what will happen if her EAD doesnot get renewed before the expiry date. She may neither be able to work in H1 nor EAD.
i should have applied for ead renewal myself instead of waiting for employer to file. The process is getting delayed now.
Guys, is there any way to expedite her EAD to be approved soon?
can she continue work in h1 even if her h1 has expired until 90 days?
Since am working in H1 and not used EAD yet, i wont have any problem.
My wife is currently working on H1B and had plan to switch on EAD, although she has not started using the current EAD.
And her H1 is also expiring in september.
I am now afraid what will happen if her EAD doesnot get renewed before the expiry date. She may neither be able to work in H1 nor EAD.
i should have applied for ead renewal myself instead of waiting for employer to file. The process is getting delayed now.
Guys, is there any way to expedite her EAD to be approved soon?
can she continue work in h1 even if her h1 has expired until 90 days?
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kevnss
04-01 02:01 PM
If you have to use EB2, you have to interfile your application to EB2 after the EB2 I140 gets approved. Until then, your category is EB3. If you change the employer now, you would be using the AC21 for the EB3.
If you want to interfile with EB2, you would need to wait until the EB2 I140 gets approved.
The process with interfiling is not very clear. This means that, once you interfile for EB2, until you get a letter stating the interfiling was successful, you don't know which job position and job duties to follow while changing company.
So that means I can switch based on EB3 and AC21.
If you want to interfile with EB2, you would need to wait until the EB2 I140 gets approved.
The process with interfiling is not very clear. This means that, once you interfile for EB2, until you get a letter stating the interfiling was successful, you don't know which job position and job duties to follow while changing company.
So that means I can switch based on EB3 and AC21.
abqguy
08-19 01:39 PM
Our travel doc is expiring in October 2010. My wife would like to travel in Sep and return in Nov/Dec timeframe and now we are waiting since mid July on the renewal. Airfares are already high this year for some reason and we can't make travel plans or book tickets until the last minute. Very frustrating. I remember last year my renewal got approved in less than a month, not sure whats the delay this year...How do we even go about contacting them to expedite?
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desi3933
02-18 11:36 AM
......
As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
......
..... I don't know much about the legal process.
Thank you!
First, you should know about rights of H-1B employee. You must get paid for all times including unproductive times (knows as "bench") as well.
Read this pdf
http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62I.pdf
You should consider getting your salary for "bench" time, otherwise you are out of status. Being out of status can cause issues for H-1B "transfer" as well.
________________
Not a legal advice.
As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
......
..... I don't know much about the legal process.
Thank you!
First, you should know about rights of H-1B employee. You must get paid for all times including unproductive times (knows as "bench") as well.
Read this pdf
http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62I.pdf
You should consider getting your salary for "bench" time, otherwise you are out of status. Being out of status can cause issues for H-1B "transfer" as well.
________________
Not a legal advice.
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02-16 04:49 AM
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prk_stl
06-30 04:28 PM
Thanks. I am guessing the same.. but for my friend, his lawyer entered the Card valid start and end dates on the EAD card for this date field...
that is why I am looking for a confirmation.
that is why I am looking for a confirmation.
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CHHAYA
04-26 01:01 PM
I am working on EAD and want to work 20 hrs. What is the risk involved in I-485 processing? Thanks in advance for any light.
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DDash
10-27 08:28 PM
Could you share information about your attorney?
If you are case is straight forward and If you are doing H-1 transfer, dont waste money on AC-21. Wait until if and when you get a RFE and respond. Do you need an example of some one who got his GC by not filing but who shifted his residence from east coast to west coast?...you are looking at his message.
Just my 2 cents for what it is worth....
Good luck!
If you are case is straight forward and If you are doing H-1 transfer, dont waste money on AC-21. Wait until if and when you get a RFE and respond. Do you need an example of some one who got his GC by not filing but who shifted his residence from east coast to west coast?...you are looking at his message.
Just my 2 cents for what it is worth....
Good luck!
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sushilup
10-23 08:35 AM
Hello Guys,
I never received FP notice and got EAD/AP almost three weeks back. Is there a need to worry? or just wait..
My application reached to texas..they transfered to Cal...cal issued the EAD/AP and senta transfer notice for 485 to nebraska..didn't hear anything from nebraska..
thank you
I never received FP notice and got EAD/AP almost three weeks back. Is there a need to worry? or just wait..
My application reached to texas..they transfered to Cal...cal issued the EAD/AP and senta transfer notice for 485 to nebraska..didn't hear anything from nebraska..
thank you
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Becks
03-29 05:30 PM
They would have verified PIMS while giving your wife the H4. But they will again verify with PIMS as one of the steps to issue the H1 visa. I dont think they will bypass it.
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gc_peshwa
05-21 02:01 PM
+1 on above post...I have done my bit now its your turn guys...please dont miss this historic opportunity...It might seem to you they ignore you but if thousands of guys call them it will certainly have an impact...
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90210
03-28 05:41 PM
Thank you. So we do have to answer "Yes" to all the 3 questions!
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jkvaisnavi
04-02 11:21 AM
Hope this helps!
USCIS - Emergency Travel (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5436f0cb861c5210VgnVCM100000082ca60aRCR D&vgnextchannel=4c790a5659083210VgnVCM100000082ca60a RCRD)
Emergency Advance Parole Documents
If you are experiencing an extremely urgent situation, you may visit your local office to request an emergency advance parole document. When visiting a local office to request emergency advance parole, you should bring the following items:
A completed and signed Form I-131, Application for Travel Document
The correct I-131 filing fee
Evidence to support the emergency request (e.g. medical documentation, death certificate)
Two passport-style photos.
USCIS - Emergency Travel (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5436f0cb861c5210VgnVCM100000082ca60aRCR D&vgnextchannel=4c790a5659083210VgnVCM100000082ca60a RCRD)
Emergency Advance Parole Documents
If you are experiencing an extremely urgent situation, you may visit your local office to request an emergency advance parole document. When visiting a local office to request emergency advance parole, you should bring the following items:
A completed and signed Form I-131, Application for Travel Document
The correct I-131 filing fee
Evidence to support the emergency request (e.g. medical documentation, death certificate)
Two passport-style photos.
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vegasbaby
04-23 04:38 AM
Hi, I have an approved I 140 (EB3) and my priority date is Nov 2007. I have a Canadian PR and my employer has agreed to let me work from our Canada Office. My question is, what should I do when/if my priority date becomes current while we are in Canada ? Should we come back to USA on visitors visa and apply for AOS or should be go for Consular Processing ? What are the pros and cons of each approach ?
Question is why you want to move to Canada. If you want that your Canadian PR does not get invalidated bcoz you didn't stay 3 yrs out of 5 in Canada, then, I would rather suggest, that you work thru your company (Canadian company) in US. The number of days you spend outside Canada working thru a canadian company in US are counted towards your day of stay in Canada. You can check this info.
To ans your question, you can come to US on visitor visa/business visa whatever visa to file for your I-485 but as far as I know, you cannot stay more than 6 months outside US on AOS. So I would rather do a CP.
There are some differences in AOS & CP. In AOS, you get EAD & AP which is as good as GC. If your case is denied, you can challenge it in US Courts in case of AOS.
In case of CP, the consulate will call you for interview & you have to be there on that specified date & time else its curtains for your case. You cannot challenge their decision.
Question is why you want to move to Canada. If you want that your Canadian PR does not get invalidated bcoz you didn't stay 3 yrs out of 5 in Canada, then, I would rather suggest, that you work thru your company (Canadian company) in US. The number of days you spend outside Canada working thru a canadian company in US are counted towards your day of stay in Canada. You can check this info.
To ans your question, you can come to US on visitor visa/business visa whatever visa to file for your I-485 but as far as I know, you cannot stay more than 6 months outside US on AOS. So I would rather do a CP.
There are some differences in AOS & CP. In AOS, you get EAD & AP which is as good as GC. If your case is denied, you can challenge it in US Courts in case of AOS.
In case of CP, the consulate will call you for interview & you have to be there on that specified date & time else its curtains for your case. You cannot challenge their decision.
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monk097
02-19 09:49 PM
Hello,
I am currently on H4 visa and I am planning to pursue an MBA program. If i choose to study in H4, i know i qualify for the California resident fee discount. If i change my visa to F1 for studies, would i not be eligible for the california resident discount? or would i lose the residency status?
Thanks.
I am currently on H4 visa and I am planning to pursue an MBA program. If i choose to study in H4, i know i qualify for the California resident fee discount. If i change my visa to F1 for studies, would i not be eligible for the california resident discount? or would i lose the residency status?
Thanks.
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CRAZYMONK
09-23 04:02 PM
Hi,
I have an approved H1B for teaching Maths, but I got an offer for teaching ESL (I am certified in both the subject). Am I allowed to teach ESL also? Is the visa subject specific?
Thanks!
What title they used in your labor certification? Did they explicitly mentioned as MATHS in LCA?
Unless and until you are working in the same professional, as the one filed in your LCA, you should be good. Suppose if they filed for a teacher and you are working as a programmer, then it becomes the technical violation of your LCA.
Though you want to teach ESL, as you are still teaching some thing, it should be good.
I have an approved H1B for teaching Maths, but I got an offer for teaching ESL (I am certified in both the subject). Am I allowed to teach ESL also? Is the visa subject specific?
Thanks!
What title they used in your labor certification? Did they explicitly mentioned as MATHS in LCA?
Unless and until you are working in the same professional, as the one filed in your LCA, you should be good. Suppose if they filed for a teacher and you are working as a programmer, then it becomes the technical violation of your LCA.
Though you want to teach ESL, as you are still teaching some thing, it should be good.
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CrewNYC
09-25 01:31 PM
wow that was quick, can I see it somewhere?
Thanks!
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linuxra
09-28 09:34 PM
Before i present my RFE I will explaing My GC:
I did masters and worked on OPT for sometime with Company A and they applied H1B,
still working for Company A as H1B as Senoir Programmer ANalyst.
At one point CompanyB filed GC process and I-140 approved as a IT Manager in EB2
PD=jan 2006
Still working with H1B from COmpany A
I never worked for Company B and it no longer exists...
Company A recently merged with ANother Company X
I recently got an RFE How do i respond PLease help me:
Below are the details
Please submit a properly completcd Form G-325A, Biographic Information Sheet, for yourself. Your original
signature is required on the Form G-325A. Photocopied signatures are not acceptable. Blank immigration forms
and information are available online from the official Service website: USCIS Home Page. You may also ordcr
immigration forms by phone at 1-800-870-3676.
Submit documentary evidencc to establish your employmcnt history listcd on Form G-325A. Such evidence
should include, but is not limited to:
Clear copies ofIRS Form W -2 wage and tax statcmcnts;
Pay vouchers;
Complete copies of properly filcd Federal Individual Income Tax Returns (IRS Form 1040);
Any additional documentation which confirms your employment history.
You must submit a currcntly dated letter from your intended permanent employer dcseribing your present job
duties and position in the organization, your proffered position, if different from your current position, the date
you began employment and the offered salary or wage. This letter must be in the original and signed by an
executive or officer of the organization who is authorized to make or confirm an offer of permanent
employment. The letter must also indicate whether the terms and conditions of your employment-based visa
petition or labor certification continue to exist.
If you have changed employers since filing your application for adjustment of status, please submit a statement
which lists the names and locations of all employers you have had in the US and the beginning and end dates of
each position unless these have been included on Form G-325A.
Nebraska
I did masters and worked on OPT for sometime with Company A and they applied H1B,
still working for Company A as H1B as Senoir Programmer ANalyst.
At one point CompanyB filed GC process and I-140 approved as a IT Manager in EB2
PD=jan 2006
Still working with H1B from COmpany A
I never worked for Company B and it no longer exists...
Company A recently merged with ANother Company X
I recently got an RFE How do i respond PLease help me:
Below are the details
Please submit a properly completcd Form G-325A, Biographic Information Sheet, for yourself. Your original
signature is required on the Form G-325A. Photocopied signatures are not acceptable. Blank immigration forms
and information are available online from the official Service website: USCIS Home Page. You may also ordcr
immigration forms by phone at 1-800-870-3676.
Submit documentary evidencc to establish your employmcnt history listcd on Form G-325A. Such evidence
should include, but is not limited to:
Clear copies ofIRS Form W -2 wage and tax statcmcnts;
Pay vouchers;
Complete copies of properly filcd Federal Individual Income Tax Returns (IRS Form 1040);
Any additional documentation which confirms your employment history.
You must submit a currcntly dated letter from your intended permanent employer dcseribing your present job
duties and position in the organization, your proffered position, if different from your current position, the date
you began employment and the offered salary or wage. This letter must be in the original and signed by an
executive or officer of the organization who is authorized to make or confirm an offer of permanent
employment. The letter must also indicate whether the terms and conditions of your employment-based visa
petition or labor certification continue to exist.
If you have changed employers since filing your application for adjustment of status, please submit a statement
which lists the names and locations of all employers you have had in the US and the beginning and end dates of
each position unless these have been included on Form G-325A.
Nebraska
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bhasky25
12-20 06:38 PM
I just received a NOID for my 485(No LUD on the online status, received direct mail) saying that my underlying 140 is withdrawn and AC21 not filed. I have filed for AC21 last june (yes June 2009) along with my RFE (asking for G325a, Medical, Birth Certificate and 10th marksheet - this was during the Pre-adjudication time). My 140 was withdrawn by my employer as I had changed jobs under AC21 provisions(left employer in Jan 2009, filed AC21 in June 2009 and 140 withdrawn Dec 2009). Guess I will send the entire paper work again. I am EB3 India with Feb 2004 PD and I am no where near being current so I am trying to figure out if it is just me or is this the new scam that USCIS found to harass us!!!
PS: My friend who is from the same employer, similar case (Nov 2003, EB3 with AC21 filed) also got a NOID. He responded to it yesterday. Guys, post here if you also received the same.
PS: My friend who is from the same employer, similar case (Nov 2003, EB3 with AC21 filed) also got a NOID. He responded to it yesterday. Guys, post here if you also received the same.
ashrock11
06-14 12:12 AM
Hi,
Situation- PD Current and eligible to file 485
Married but seperated. What should that person mention in the form?
If he mentions his wife's name on the form, would she get GC as well?
Does he need to submit any docs for his wife? Currently planning to file for himself only.
Please advise
Thanks
Situation- PD Current and eligible to file 485
Married but seperated. What should that person mention in the form?
If he mentions his wife's name on the form, would she get GC as well?
Does he need to submit any docs for his wife? Currently planning to file for himself only.
Please advise
Thanks
perm2gc
09-15 10:57 AM
As they just started I-140 premium processing, I wonder why they cannot initiate 3rd stage premium processing.
I wouldn't mind spending a couple thousand dollars if I can get the actual green card in a couple of weeks after starting the 3rd stage. Time is money. If I can buy it, I will buy it.
I don't think it is very constructive to repeat the same story to the congress, which they are not tuned to. We'd better make various suggestions from many different angles so that they can pick at least some of them in a timely manner.
The last stage is already messy when USCIS made everything CURRENT and everyone filed whether visa numbers are available or not.. Do you want to add more to it?
But your idea of various suggestion is encouraging.
I wouldn't mind spending a couple thousand dollars if I can get the actual green card in a couple of weeks after starting the 3rd stage. Time is money. If I can buy it, I will buy it.
I don't think it is very constructive to repeat the same story to the congress, which they are not tuned to. We'd better make various suggestions from many different angles so that they can pick at least some of them in a timely manner.
The last stage is already messy when USCIS made everything CURRENT and everyone filed whether visa numbers are available or not.. Do you want to add more to it?
But your idea of various suggestion is encouraging.
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