chandrajp
04-28 09:35 AM
You cannot change employer unfortunately with just I-140 approved. You need to apply for I-485, be with the current employer for 180 days and then you are eligible
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royus77
06-25 11:27 AM
My company pays fixed amount 3500 ( for with 2 year agreement clause ) for the GC process and the same got exhuasted by the time i got my I 140 ( Expensive attorney) . For 485 i am paying from my pocket.
Alabaman
07-11 04:54 PM
What part of "illegal" does Rep. Hostettler not understand? According to Congressional Quarterly, in April 2004, Rep. John
Hostettler (the chairman of the House Immigration Subcommittee) was detained for carrying a loaded firearm inside an airport. He called the incident a "stupid mistake," explaining that he had carried the gun while traveling through his district during a congressional recess and forgot it was in his bag. Hostettler pleaded guilty to carrying a concealed deadly weapon and received a 60-day suspended sentence. Rep. Hostettler's own actions appear to contradict his hardline no-holds-barred enforcement approach towards immigration. Although he excuses his breaking of the law as a mistake, his actions indicate that some laws are OK to break and others are not. Perhaps Rep. Hostettler should reflect on whether undocumented aliens or our nation's broken immigration system is at fault.
---> Culled from IMMIGRATION DAILY WWW.ILW.COM
Hostettler (the chairman of the House Immigration Subcommittee) was detained for carrying a loaded firearm inside an airport. He called the incident a "stupid mistake," explaining that he had carried the gun while traveling through his district during a congressional recess and forgot it was in his bag. Hostettler pleaded guilty to carrying a concealed deadly weapon and received a 60-day suspended sentence. Rep. Hostettler's own actions appear to contradict his hardline no-holds-barred enforcement approach towards immigration. Although he excuses his breaking of the law as a mistake, his actions indicate that some laws are OK to break and others are not. Perhaps Rep. Hostettler should reflect on whether undocumented aliens or our nation's broken immigration system is at fault.
---> Culled from IMMIGRATION DAILY WWW.ILW.COM
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Bogdan
10-22 11:41 AM
Good morning everyone!
I have an H1B issued in October 2006. Also, my concurently filed I-140 and I-485 were filed in November 2007 and are pending and I have just renewed my EAD.
Yesterday, I received an email from HR asking me to provide a new EAD, because the old one expires. Their records indicate that my status is pending I-485, not H1B. Obviously I never told them to use the EAD, because I know the H1B may be invalidated. I provided them with a copy of the H1B when it was issued, but later the lawyers may have provided them with a copy of the EAD and they just updated my status from H1B to pending I-485. HR doesn't know anything about immigration processes or regulations.
Given HR fixes their record now to show I am working on H1B, is there any way USCIS can find out that HR used the EAD to verify I have the authorization to work and invalidate my H1B? Is there a database where all companies input the basis on which their non-citizen employees are authorized to work that USCIS has access to on a regular basis and which shows that basis/status at each point in time (like a log)? What does to work on H1B or EAD actually mean (what does HR have to do differently - maybe when they file taxes?) and how can USCIS know whether one works with H1B or EAD?
I really appreciate any hint/advice and thank the helper(s) in advance.
I have an H1B issued in October 2006. Also, my concurently filed I-140 and I-485 were filed in November 2007 and are pending and I have just renewed my EAD.
Yesterday, I received an email from HR asking me to provide a new EAD, because the old one expires. Their records indicate that my status is pending I-485, not H1B. Obviously I never told them to use the EAD, because I know the H1B may be invalidated. I provided them with a copy of the H1B when it was issued, but later the lawyers may have provided them with a copy of the EAD and they just updated my status from H1B to pending I-485. HR doesn't know anything about immigration processes or regulations.
Given HR fixes their record now to show I am working on H1B, is there any way USCIS can find out that HR used the EAD to verify I have the authorization to work and invalidate my H1B? Is there a database where all companies input the basis on which their non-citizen employees are authorized to work that USCIS has access to on a regular basis and which shows that basis/status at each point in time (like a log)? What does to work on H1B or EAD actually mean (what does HR have to do differently - maybe when they file taxes?) and how can USCIS know whether one works with H1B or EAD?
I really appreciate any hint/advice and thank the helper(s) in advance.
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skalra
03-19 11:06 PM
If you have advance parole, check with your lawyer if you can use AP to come back. Now that you applied for stamping, AVR is out of question but AP is still an option.
I am going to Toronto next month and was thinking of getting my visa stamped, but after hearing few horror stories, I am inclined towards using AVR or AP to come back.
I am going to Toronto next month and was thinking of getting my visa stamped, but after hearing few horror stories, I am inclined towards using AVR or AP to come back.
casinoroyale
03-31 02:02 PM
Yes, immigration officers at field offices do not have knowledge of what happened on July 2nd. Even today when I atteneded Infopass, I tried to remind the story by saying July 2nd event and she had no clue what happend on that date.
Here is a link taken from other thread from IV
http://www.murthy.com/mb_pdf/030609_P.html
Here is a link taken from other thread from IV
http://www.murthy.com/mb_pdf/030609_P.html
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immique
04-15 10:26 AM
I had the same problem a few years back and I believe you have to enter the total AGI(adjusted gross income) from last year's joint return even if your wife did not earn any income. As far as I remember, if you filed a joint return last year, that number will be the same for you and your wife. if you still have any doubt, you can call IRS or consult a tax professional
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guyfromsg
09-20 02:37 PM
Just got H1 7th year ext approved. Planning a trip to Chennai in Nov. Tried to get the VFS appointment and nothing is there for this year. There used to be an emergency appointment link and it's no longer there. Am I missing something?
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ak_2006
07-08 04:38 PM
If Priority date is usable even though I-140 revoked by the employer......this looks fantastic option to join new job where we can get Eb2 process.
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gc_on_demand
12-02 09:51 AM
What are chances of Dream Act? --> No one can predict. Depends on how Bush era tax cut bill goes through. Dems has added few provision to please Republicans so they are improving chances.
What are the chances of including our provisions in the bill? --> At this point Republicans want enforcement. They may not bargain for legal immigration in this bill. Rather they may prefer to add some tough rule for dreamers.
What happens if the bill passes without our provisions? ---> We will still have a chance to have our bill as piecemeal or just sit and watch
What happens if the bill fails? --> I hope they get it done, Dreamers are more enthusiastic than us and unless they get it these lawmakers will not think about us. Also they can set example that piecemeal is possible.
WHAT ARE OUR CHANCES IN 2011? --> As I said if dreamer can get their bill done, and CHC doesn't hold any piecemeal in future chances are there. but I doubt CHC will allow any legal immigration bill until Dems are in power of either of house.
See reply in red
What are the chances of including our provisions in the bill? --> At this point Republicans want enforcement. They may not bargain for legal immigration in this bill. Rather they may prefer to add some tough rule for dreamers.
What happens if the bill passes without our provisions? ---> We will still have a chance to have our bill as piecemeal or just sit and watch
What happens if the bill fails? --> I hope they get it done, Dreamers are more enthusiastic than us and unless they get it these lawmakers will not think about us. Also they can set example that piecemeal is possible.
WHAT ARE OUR CHANCES IN 2011? --> As I said if dreamer can get their bill done, and CHC doesn't hold any piecemeal in future chances are there. but I doubt CHC will allow any legal immigration bill until Dems are in power of either of house.
See reply in red
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Sachin_Stock
02-03 02:14 PM
I do not understand the problem here! First you questioned the source and then you are saying that i am suspecting the content. If i suspect the content i won't post it here at any cost.This forum is to educate the folks not to fall prey to their employer(s)/lawyer(s) promises.
if you are open for discussion we can start with the requirements for PERM form DOL and then move on with requirements for i140 with USCIS, will be a good discussion for everybody!
There's thousands of threads that talk about porting. I don't think there's any need to re-iterate those topics again.
Specially from the crappy source you had provided.
if you are open for discussion we can start with the requirements for PERM form DOL and then move on with requirements for i140 with USCIS, will be a good discussion for everybody!
There's thousands of threads that talk about porting. I don't think there's any need to re-iterate those topics again.
Specially from the crappy source you had provided.
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abhijitp
01-26 05:46 PM
Did your write your letter?
15 minutes of yout time could save you 6-12 years of waiting!
15 minutes of yout time could save you 6-12 years of waiting!
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huchinango
04-01 03:36 PM
Dear h1bdude1:
I'm in your exact same situation. Would you mind letting me know what happened with your A# and misplaced EAD with only the copy of the front side? Did you use the old F-1 OPT A# or leave it blank?
Thanks and hope things worked out!
-H
I'm in your exact same situation. Would you mind letting me know what happened with your A# and misplaced EAD with only the copy of the front side? Did you use the old F-1 OPT A# or leave it blank?
Thanks and hope things worked out!
-H
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dvb123
03-02 09:25 AM
Bump
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prem_goel
08-29 11:06 AM
please post if anyone has been in the same situation?
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glus
11-19 01:06 PM
Hi All,
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
Generally speaking, it is always better to re-enter on nonimmigrant visa than on AP. This is because when one re-enters on non-immigrant visa, one receives a non-immigrant status, which is great. H4 is not dependent on EAD or vice versa. Remember, to loose H4 visa status you need to brake immigration law or do something that violates the immigration law. Technically speaking, if one works on EAD, one does not brake any law due to the EAD being valid. So yes, she can re-enter on h4, receiving H-4 status, and still work as long as EAD is valid. This is a gray area, but as per my attorney it is allowable due to the vague nature of the INA (Immigration and Naturalization Act), which states, that one looses non-immigrant status when one "works without authorization." However, think about it. If one is on H-4, one works on EAD at the same time, one does not loose non-immigrant status because such a person performs "authorized employment" through valid EAD.
Regards,
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
Generally speaking, it is always better to re-enter on nonimmigrant visa than on AP. This is because when one re-enters on non-immigrant visa, one receives a non-immigrant status, which is great. H4 is not dependent on EAD or vice versa. Remember, to loose H4 visa status you need to brake immigration law or do something that violates the immigration law. Technically speaking, if one works on EAD, one does not brake any law due to the EAD being valid. So yes, she can re-enter on h4, receiving H-4 status, and still work as long as EAD is valid. This is a gray area, but as per my attorney it is allowable due to the vague nature of the INA (Immigration and Naturalization Act), which states, that one looses non-immigrant status when one "works without authorization." However, think about it. If one is on H-4, one works on EAD at the same time, one does not loose non-immigrant status because such a person performs "authorized employment" through valid EAD.
Regards,
more...
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RadioactveChimp
04-16 01:50 AM
lol sorry
I formally appologize to those whom I have hurt, by ranting on their threads
Sincerely,
Dean Schneider
I formally appologize to those whom I have hurt, by ranting on their threads
Sincerely,
Dean Schneider
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thesparky007
05-17 09:14 PM
That looks really nice sparky!thanks
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spgtopper
02-03 09:41 PM
helpful_leo,
I really appreciate your urge and energy for this. We need more and more people like you as volunteers.
I read section 313. I agree with logic life. You should have the ability to transfer to F4.
It is not fair to assume that the legislation is not favourable for "current" students. Does it clearly say that? No. So, don't assume either way.
If you want to be very sure, you can call your senator's and congressman's office (of those who endoresed/creeated the bill), and talk to a person handling immigration matters or specifically this bill. Confirm your belief/assumptions and then write letters etc.
Meanwhile, see if this helps:
313: "Creates a new "F-4" student visa for doctoral candidates studying in the fields of..."
The word new refers to the visa and NOT the student. And, "studying" in implies current students. :-)
So, what is the problem?
S.
I really appreciate your urge and energy for this. We need more and more people like you as volunteers.
I read section 313. I agree with logic life. You should have the ability to transfer to F4.
It is not fair to assume that the legislation is not favourable for "current" students. Does it clearly say that? No. So, don't assume either way.
If you want to be very sure, you can call your senator's and congressman's office (of those who endoresed/creeated the bill), and talk to a person handling immigration matters or specifically this bill. Confirm your belief/assumptions and then write letters etc.
Meanwhile, see if this helps:
313: "Creates a new "F-4" student visa for doctoral candidates studying in the fields of..."
The word new refers to the visa and NOT the student. And, "studying" in implies current students. :-)
So, what is the problem?
S.
chanduv23
04-18 02:09 PM
Hello,
I am July 2nd 2007 AOS filer. My AOS application (including dependants') was received by USCIS mailroom on July 2nd 2007 at 10.20 am (according to FedEx Tracker), but the I-485 Receipt Date is Aug. 8th, 2007, and Notice Date is Oct 2nd, 2007. (USCIS took almost a month to enter our cases in their system). Now, USICS has sent rejection notices that our PD is not current in Aug.2007. Our cases are EB2, and PD is 05/2004, and PD was current in July.2007, as most of the July.2007 filers might know. The denial notice also has I-290B for us to file Appeal or Motion. I have contacted my law firm also. I remember seeing a similar thread, but couldn't find it now. I appreciate your suggestions and guidance. I have also sent a private message to Pappu, asking IV's help on this matter.
Thanks in advance.
Don't stress - take it easy. This can be fixed. i sent you a private message
I am July 2nd 2007 AOS filer. My AOS application (including dependants') was received by USCIS mailroom on July 2nd 2007 at 10.20 am (according to FedEx Tracker), but the I-485 Receipt Date is Aug. 8th, 2007, and Notice Date is Oct 2nd, 2007. (USCIS took almost a month to enter our cases in their system). Now, USICS has sent rejection notices that our PD is not current in Aug.2007. Our cases are EB2, and PD is 05/2004, and PD was current in July.2007, as most of the July.2007 filers might know. The denial notice also has I-290B for us to file Appeal or Motion. I have contacted my law firm also. I remember seeing a similar thread, but couldn't find it now. I appreciate your suggestions and guidance. I have also sent a private message to Pappu, asking IV's help on this matter.
Thanks in advance.
Don't stress - take it easy. This can be fixed. i sent you a private message
pappu
10-17 07:42 AM
Friends,
I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.
I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.
I appreciate all your comments!
Do you absolutely need to file a new I140?
Have you sought other outside legal opinions on this matter?
I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.
I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.
I appreciate all your comments!
Do you absolutely need to file a new I140?
Have you sought other outside legal opinions on this matter?
