desi3933
06-22 07:40 AM
Hi,
Can you pls help:
My wife is currently on H4.
She has H1B approved for 3 years for company A with start date of October 1, 2007. My company just filed both mine and my wife's I-485 and EADS.
Now, (Say for example), my wife receives the EAD which was filed though my company on August 1, 2007.
Questions are:
1. Can she work for the company A on EAD from August 1 - September 30 and then fall-back (re-instated) on H1B (already approved) from October 1 - next 3 years for the same company A ?
2. If she uses the EAD to work for the company A for a single day before October 1 (start date of her H1), will that invalidate her already 3 years approved H1B for the SAME company A?
I understand H1B is the best practice option and understand EAD canbe renewed yearly basis but unsure about relationship of EAD vs H1B (already approved) in the perspective of working from same company "A".
Please advise and help - thanks in advance.
1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Good Luck.
Not a legal advice.
-----------------------------------
Permanent Resident since May 2002
Can you pls help:
My wife is currently on H4.
She has H1B approved for 3 years for company A with start date of October 1, 2007. My company just filed both mine and my wife's I-485 and EADS.
Now, (Say for example), my wife receives the EAD which was filed though my company on August 1, 2007.
Questions are:
1. Can she work for the company A on EAD from August 1 - September 30 and then fall-back (re-instated) on H1B (already approved) from October 1 - next 3 years for the same company A ?
2. If she uses the EAD to work for the company A for a single day before October 1 (start date of her H1), will that invalidate her already 3 years approved H1B for the SAME company A?
I understand H1B is the best practice option and understand EAD canbe renewed yearly basis but unsure about relationship of EAD vs H1B (already approved) in the perspective of working from same company "A".
Please advise and help - thanks in advance.
1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Good Luck.
Not a legal advice.
-----------------------------------
Permanent Resident since May 2002
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abchi
09-22 04:35 PM
EB2- July 2004, I140-I485 applied in August 2007, recently laid off.
The company is keeping me on the payroll till end of october. I have not received my EAD yet and it hasnt been 6 months since I applied for I140/I48. I am already on an yearly H-1b extension which expires first week of January 2008.
What are my options? Does the company have an obligation to cancel the I140 process after the person is laid off? Are there any risks involved for the company?
Thanks for the help.
The company is keeping me on the payroll till end of october. I have not received my EAD yet and it hasnt been 6 months since I applied for I140/I48. I am already on an yearly H-1b extension which expires first week of January 2008.
What are my options? Does the company have an obligation to cancel the I140 process after the person is laid off? Are there any risks involved for the company?
Thanks for the help.
hemasar
05-25 03:29 PM
Does anyone have recent experience with the Chicago office of Consulate of India for passport renewal. How long does it take? 2 weeks, 3 weeks, more than 3 weeks.
I renewed my passport at Chicago in 2003 it took just one week. I felt they are much better than the central government offices in India.
I renewed my passport at Chicago in 2003 it took just one week. I felt they are much better than the central government offices in India.
2011 images of cute anime
Yeldarb
02-05 11:26 AM
Thanks. I'll check it out.
The ball is just a circle with a gradient fill, where the fill is from black at 100% alpha to 0% alpha.
The ball is just a circle with a gradient fill, where the fill is from black at 100% alpha to 0% alpha.
more...

sjhugoose
February 12th, 2004, 11:08 AM
And Fujifilm too. But I think its a "business decision" somehow, and I don't expect it will happen, when Canon is so dominant, for that market segment concerned. At least not now, not soon. I wish I am wrong.
Steven
Steve will you just give up this Facade! You know your gonna go the way of the mighty CANON. You know you want it! You've been trying to convince yourself for so long that you can stick with Nikon mount. But thats just it you need to convince yourself not to get Canon!!
FEEL THE FORCE obiwan!! :D:D:D:D:D
Its gonna happen sooner or later. might as not waste any more time HAHAHAHAHA
Oh, ISO 6---> buy ND filters!
Scott
Steven
Steve will you just give up this Facade! You know your gonna go the way of the mighty CANON. You know you want it! You've been trying to convince yourself for so long that you can stick with Nikon mount. But thats just it you need to convince yourself not to get Canon!!
FEEL THE FORCE obiwan!! :D:D:D:D:D
Its gonna happen sooner or later. might as not waste any more time HAHAHAHAHA
Oh, ISO 6---> buy ND filters!
Scott
Iamthejuggler
02-09 04:09 AM
Holy crap that was close. Congrats folks. I'm pleased as punch!
more...
saint_2010
08-13 11:26 AM
looks like they will make us wait till 17th and accept/reject case from July 2nd...and most of the rejected cases might not be eligible to refile :mad:...this is my guess!
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anilsal
10-10 02:00 PM
You got your GC.
more...
dreamworld
09-26 07:26 PM
Great. Congrats!!!
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va_labor2002
08-23 01:03 PM
I see a lot of people flocking into "Orkut". How about incorporating a dose of IV through orkut if some of us are already there? What is more important is, making people aware of the consequences they might have to face, even if they havent filed for their GC yet.
That's a nice idea. Who has orkut membership ?
What about sending one more Fax to congressmen and senators ?
That's a nice idea. Who has orkut membership ?
What about sending one more Fax to congressmen and senators ?
more...
rjgleason
February 23rd, 2004, 07:49 AM
Thre words for you: Because They Can!
Reminds me of a local dealer here in Princeton.........
Reminds me of a local dealer here in Princeton.........
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MerciesOfInjustices
03-06 08:32 PM
All,
In every campaign, every battle, there is a bunch of people who move the agenda forward, and there is a bunch of people who sit on the sidelines predicting the worst. Gnashing their teeth, ruing their fate, wondering if the people who are working are working hard enough...
...Read our basic documents and educate yourselves. I'm continually shocked by the number of people caught in this jam who can't be bothered to read about the mess they are in. If you are wondering which documents -- go to the Resources for lawmaker meetings page -- that has a list of 5 with links.
best,
Berkeleybee
Well said!
There are 270,000 in retrogression and nearly double this number in back-logs. If you wonder where are they, I think you will end up spending all of your time doing that!
I hear the refrain everywhere that - "they" will do something because of the sheer numbers, and the basic fairness of the US!
Please do not count on it! Our hopes failed once last year, and it can very well happen again! The cause is just, but it can only succeed if there is a clamor for it! So, call your lawmakers, and send personal emails to others to make them do so.
Send personal emails to members of the Indian community urging them to recall their days of struggle, and now contribute to those in the struggling phase.
Organize 'chai-samosa' or 'idli-sambar' fund-raisers, for God's sake, if nothing else - to raise funds!
Time is of essence - we may have just a month or two to board this bus together, or wait for the next one, God knows when!
In every campaign, every battle, there is a bunch of people who move the agenda forward, and there is a bunch of people who sit on the sidelines predicting the worst. Gnashing their teeth, ruing their fate, wondering if the people who are working are working hard enough...
...Read our basic documents and educate yourselves. I'm continually shocked by the number of people caught in this jam who can't be bothered to read about the mess they are in. If you are wondering which documents -- go to the Resources for lawmaker meetings page -- that has a list of 5 with links.
best,
Berkeleybee
Well said!
There are 270,000 in retrogression and nearly double this number in back-logs. If you wonder where are they, I think you will end up spending all of your time doing that!
I hear the refrain everywhere that - "they" will do something because of the sheer numbers, and the basic fairness of the US!
Please do not count on it! Our hopes failed once last year, and it can very well happen again! The cause is just, but it can only succeed if there is a clamor for it! So, call your lawmakers, and send personal emails to others to make them do so.
Send personal emails to members of the Indian community urging them to recall their days of struggle, and now contribute to those in the struggling phase.
Organize 'chai-samosa' or 'idli-sambar' fund-raisers, for God's sake, if nothing else - to raise funds!
Time is of essence - we may have just a month or two to board this bus together, or wait for the next one, God knows when!
more...
house cute anime boy with brown
leo2606
01-09 11:44 PM
Probably you are right for EB3 ROW but I don't think that is true for EB2 ROW.
I would have said 2020 but as you are not part of India or china may be 2015.
I would have said 2020 but as you are not part of India or china may be 2015.
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kevinkris
07-10 05:33 PM
Hi,
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
4. If we leave about GC, Can he do H1 transfer atleast?
Thanks for your valuable suggestions.
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
4. If we leave about GC, Can he do H1 transfer atleast?
Thanks for your valuable suggestions.
more...
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mdipi
10-22 08:43 PM
sintax thanks so much! i like the avatar a bit more, but i like both! and i took the pic of the flower outside of my house, i cant belive how well it came out! like professional.
-mike:cyclops:
-mike:cyclops:
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pappu
08-10 01:16 PM
Everyone. Calling and worrying about notices and checks is of no use. We are in constant communication with USCIS and they have told us that it will take about 40-60 days to clear the huge backlog for these notices and checks. So everyone needs to be patient. We have tried to explain several times but people keep opening threads or keep asking the same questions on various threads. Today everyone is tracking notices. Tommorrow we will all be tracking EADs and APs. By the time we get our EADs and APs, it will be time to apply for them again next year. So tracking of checks and notices will continue forever and will yield no productive result for our cause. We should be instead worried if the Greencard should come soon and if we dont have to keep applying for EADs and APs every year for the next 5-6 years. Is anyone worried about Namechecks and RFEs? Nobody. Instead of calling USCS we should be calling our lawmakers and ask them to fix the system. We should be working on making this rally successful so that we can all stop worrying about our notices and quickly get our greencards.
We should be worried that if the law does not pass soon, it is not likely to pass for another 2-3 years. And thus use that worry to help out with the rally.
Hope this helps reduce anxiety in everyone.
Please refer this post to anyone who is worried about notices and checks. It is mostly new members that are unaware of the history of the backlogs or the process worry about notices. Others then also start worrying about it seeing everyone worried and panic.
We should be worried that if the law does not pass soon, it is not likely to pass for another 2-3 years. And thus use that worry to help out with the rally.
Hope this helps reduce anxiety in everyone.
Please refer this post to anyone who is worried about notices and checks. It is mostly new members that are unaware of the history of the backlogs or the process worry about notices. Others then also start worrying about it seeing everyone worried and panic.
more...
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Googler
02-14 04:24 PM
"Based on a review of the facts and bedrock principles of administrative agency law, the Court finds that USCIS�s name check requirement has
(1) never been authorized by Congress;
(2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and
(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions..."
http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
What a fabulous ruling this is.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the �fingerprint check� described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
(1) never been authorized by Congress;
(2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and
(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions..."
http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
What a fabulous ruling this is.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the �fingerprint check� described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
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desi_scorpion
08-10 12:01 PM
Called the NSC on wed and today....and was told that I need to wait 90 days from the date of submitting the 485 to receive a receipt number. Expecting something similar in todays update.....thats a pretty long wait.
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va_labor2002
08-24 09:13 AM
I am wondering why it is that nobody knows whether a bill will be introduced in Sept. The house and senate have their timetables set long in advance.
Also, if it goes beyond Nov, and the Dems win, they might forget all about us; they care far more for the illegals, unfortunately.:(
We must try to get this passed before the elections in Nov.
qplearn
Any comments from IV Core Team ? What is our plan of Action? what's cooking inside IV ?
Also, if it goes beyond Nov, and the Dems win, they might forget all about us; they care far more for the illegals, unfortunately.:(
We must try to get this passed before the elections in Nov.
qplearn
Any comments from IV Core Team ? What is our plan of Action? what's cooking inside IV ?
krishnam70
05-05 01:47 PM
Hi All,
Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
1. Can we ourselves respond to the RFE and save the $400.00,
2. If so, What's the process and what documents that we need to send to prove that we are still married.
Appreciate all of your help in this regard.
Thanks
http://immigrationvoice.org/wiki/index.php/US_I-485_RFE_Bonafide_Marriage
-cheers
kris
Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
1. Can we ourselves respond to the RFE and save the $400.00,
2. If so, What's the process and what documents that we need to send to prove that we are still married.
Appreciate all of your help in this regard.
Thanks
http://immigrationvoice.org/wiki/index.php/US_I-485_RFE_Bonafide_Marriage
-cheers
kris
rajnag21
07-17 07:23 PM
as I understand the process, I fyou apply and get the green card approval before marriage, you cannot bring your wife over here as it will become family based immigration.
The ideal thing is to do it while still on h1 and then do the 485 application.
Since you are from rest of the world ? the rules and dates will be different for you. not sure how though ? sorry !
I look to more senior members here for better direction than the advice that I have regurgitated for you.
The ideal thing is to do it while still on h1 and then do the 485 application.
Since you are from rest of the world ? the rules and dates will be different for you. not sure how though ? sorry !
I look to more senior members here for better direction than the advice that I have regurgitated for you.
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