TomTancredo
03-16 04:33 PM
I was in a similar frame of mind like you a few days ago...thinking whether to switch to EAD with different company or not.
On technical side, job title and description does not need to be word-to-word same. Just use common-sense (if a programmer is going to be working as an Electrician or Systems Administrator, that might cause a problem. Otherwise you should be able to prove the similarity.)
On the other side, EAD is a gift USCIS has given while your 485 is pending. Even being on H1B, there is nothing much you can do if you run out of luck. So, why not enjoy the freedom? Come out in the sky. You will "feel" it, especially if your current employer is "desi" or if you have to call them 10 times in a month to get your paycheck.
I am myself invoking AC21 in April. Whatever happens, I know I will survive. Wherever I live later (India or US), I know I will be with my family and I will still have tens of reasons to thank God for.
If you want to be a little more conservative, spend few dollars and get a back-up of an attorney.
Let go of the negativity. Do it.
Good luck.
There is no point in worrying about a future RFE ... My lawyer told me not to file AC21..
I dont think its worth it to fight the rejection of 485 and start all over again.. If they reject my 485 I will go home and be happy ... Most of the people on this forum are blessed compared to so many other Indians ..
This is my view with 2004 PD :)
On technical side, job title and description does not need to be word-to-word same. Just use common-sense (if a programmer is going to be working as an Electrician or Systems Administrator, that might cause a problem. Otherwise you should be able to prove the similarity.)
On the other side, EAD is a gift USCIS has given while your 485 is pending. Even being on H1B, there is nothing much you can do if you run out of luck. So, why not enjoy the freedom? Come out in the sky. You will "feel" it, especially if your current employer is "desi" or if you have to call them 10 times in a month to get your paycheck.
I am myself invoking AC21 in April. Whatever happens, I know I will survive. Wherever I live later (India or US), I know I will be with my family and I will still have tens of reasons to thank God for.
If you want to be a little more conservative, spend few dollars and get a back-up of an attorney.
Let go of the negativity. Do it.
Good luck.
There is no point in worrying about a future RFE ... My lawyer told me not to file AC21..
I dont think its worth it to fight the rejection of 485 and start all over again.. If they reject my 485 I will go home and be happy ... Most of the people on this forum are blessed compared to so many other Indians ..
This is my view with 2004 PD :)
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tabletpc
11-29 04:45 PM
Thanks everyone..i will send it 2m with bank draft in C$.
its better to have plan B...
its better to have plan B...
gc28262
07-11 02:53 PM
My last EAD renewal was processed very fast from TSC
Applied: 10/22
Card Production Ordered: 11/12
Applied: 10/22
Card Production Ordered: 11/12
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Munna Bhai
04-27 11:41 AM
Hi,
I am in a unique situation as far as capture of earlier PD is concerned.
My company had filed an LC for me in EB3 with PD of Oct '03.
I get fed up waiting for that and got another LC filed with PD Nov 05 in EB2.
I have got my I140 approved for the same and also 3yr ext. based on that as well.
My EB3 LC is approved as well now.
My question to somehow capture the PD of my EB3 LC.
Is it possible ? Is anyone in the same boat ?
Regards.
Get I-140 approved for EB3 case and then swtich to another company and start fresh GC and once you are ready to file I-140 at new company, take this approved I-140 for EB3 and port it.
Hope this helps.
I am in a unique situation as far as capture of earlier PD is concerned.
My company had filed an LC for me in EB3 with PD of Oct '03.
I get fed up waiting for that and got another LC filed with PD Nov 05 in EB2.
I have got my I140 approved for the same and also 3yr ext. based on that as well.
My EB3 LC is approved as well now.
My question to somehow capture the PD of my EB3 LC.
Is it possible ? Is anyone in the same boat ?
Regards.
Get I-140 approved for EB3 case and then swtich to another company and start fresh GC and once you are ready to file I-140 at new company, take this approved I-140 for EB3 and port it.
Hope this helps.
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ragz4u
04-13 10:07 PM
My point exactly.
So then maybe the wait is only the 3 months (90 days) that Sen Sessions wishes to impose, correct?
I just cannot recollect where I had read that the law has to be published somewhere and there is 90 days delay (when someone can comment if necessary) and only then it becomes a law. I could be absolutely wrong though
Also, Sessions was able to get an amendment passed last time since SJC was in a tearing hurry. That might not be the case this time and they might want to implement this bill soon to 'stem the flow across the borders'. Personally I cannot wait for some new bill to take effect.
I really wish that you are right about the first point and I am right about the second ;-)
So then maybe the wait is only the 3 months (90 days) that Sen Sessions wishes to impose, correct?
I just cannot recollect where I had read that the law has to be published somewhere and there is 90 days delay (when someone can comment if necessary) and only then it becomes a law. I could be absolutely wrong though
Also, Sessions was able to get an amendment passed last time since SJC was in a tearing hurry. That might not be the case this time and they might want to implement this bill soon to 'stem the flow across the borders'. Personally I cannot wait for some new bill to take effect.
I really wish that you are right about the first point and I am right about the second ;-)
FinalGC
12-02 02:55 PM
I heard that if the labor is approved and h1b is about to expire, I can apply I-140 under premium processing due to a recent rule change>>>
>>This is not true for your case, since you did not apply for GC 365 days prior to completion of 6 year h1.....
You cannot transfer to H4, since the 6 year limit is for the "H" category.
I dont think you can work on OPT immediately after applying for F1.
As I think you have another option. I am giving you the conceptual idea, but check with your lawyer to see the exact details....
=> Apply for GC and also apply for F1 (check with lawyer the details).....Keep working with company until H1 expires, then jump into F1 status. Go on an extended vacation from work, maybe without pay. As soon as 140 gets approved apply for 3 year h1 (check details with lawyer), then jump back with company and continue on your new H1 and GC process....who knows you might change your mind about US in a couple of years, after earning all the $$$ and the GC might help you stay for ever...:-)
>>This is not true for your case, since you did not apply for GC 365 days prior to completion of 6 year h1.....
You cannot transfer to H4, since the 6 year limit is for the "H" category.
I dont think you can work on OPT immediately after applying for F1.
As I think you have another option. I am giving you the conceptual idea, but check with your lawyer to see the exact details....
=> Apply for GC and also apply for F1 (check with lawyer the details).....Keep working with company until H1 expires, then jump into F1 status. Go on an extended vacation from work, maybe without pay. As soon as 140 gets approved apply for 3 year h1 (check details with lawyer), then jump back with company and continue on your new H1 and GC process....who knows you might change your mind about US in a couple of years, after earning all the $$$ and the GC might help you stay for ever...:-)
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go_guy123
01-20 10:29 AM
None of us here has little luck... We were close to CIR this year and now new math is in picture.. Two possibility for CIR in 2010...
(1) Dems will not touch it.
(2) GOP will not support it because people will think Dems passed it and that will help them to win midterm election.
CIR was impossible all along. It was delusional to think such a political hot potato can pass.
Not just my opinion ...but also that of IV board member: Greg Siskind.
The good part is as democratic party losses seats....the CIR lobby weakens and piecemeal will have better chance.
(1) Dems will not touch it.
(2) GOP will not support it because people will think Dems passed it and that will help them to win midterm election.
CIR was impossible all along. It was delusional to think such a political hot potato can pass.
Not just my opinion ...but also that of IV board member: Greg Siskind.
The good part is as democratic party losses seats....the CIR lobby weakens and piecemeal will have better chance.
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dc4opera
05-19 01:07 PM
One more thing, never disclose anything with company's attorney, they will be loyal to your employer and not you. Look for soem other attorney.
A few more questions:
1. While the I-140 is pending, can I get a different lawyer to file the I-485?
2. If I wait until the I-140 is approved and then get a different lawyer to process my I-485 (or do it myself), will this be a problem?
3. Can my employer withdraw the I-140 AFTER it's been approved?
Please advise me.
A few more questions:
1. While the I-140 is pending, can I get a different lawyer to file the I-485?
2. If I wait until the I-140 is approved and then get a different lawyer to process my I-485 (or do it myself), will this be a problem?
3. Can my employer withdraw the I-140 AFTER it's been approved?
Please advise me.
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senk1s
09-25 08:30 PM
at this juncture quota-exempt organizations looks like the most feasible option
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rock945
08-08 11:20 AM
I think you can earn upto maximum 4 credits per year. so to get 40 credits you have to work for 10 years.
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Jerrome
08-18 03:34 PM
Yes she was and is currently out of status. As for as i know the following are some of the options.
a) Apply for H4 by requesting from earlier date(say 2008 November)
b) If she has got H4 stamping then ask her to re-enter USA with H4
I guess both are risky, but these are only the options available unless if someone knows better.
In 2008 My wife applied for H1B and My wife got her H1B approved and along with the approval she got new I-94
valid till Sep 2011.
But she was not able to start working/ find a job due to family reasons and economy conditions.
1. Whether she Out of status since she did not work on her H1?
2. If she starts working now for the employer can she get back the status?
3. What are the ways for her get back to H4 if she not going work?
4. How we can correct her status?
a) Apply for H4 by requesting from earlier date(say 2008 November)
b) If she has got H4 stamping then ask her to re-enter USA with H4
I guess both are risky, but these are only the options available unless if someone knows better.
In 2008 My wife applied for H1B and My wife got her H1B approved and along with the approval she got new I-94
valid till Sep 2011.
But she was not able to start working/ find a job due to family reasons and economy conditions.
1. Whether she Out of status since she did not work on her H1?
2. If she starts working now for the employer can she get back the status?
3. What are the ways for her get back to H4 if she not going work?
4. How we can correct her status?
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Beta_mle
02-20 06:52 PM
Since you already got H4 extensions with attached I-94s, current status is not an issue. The issue will be with his I-485 application as he was out-of-status when it was applied. You should try and go to the US consulate outside US and get a H4 stamped. In my opinion, getting new VISAs will not be an issue since it was an honest mistake on your part and as soon as you realized it you applied for extensions and you should acknowledge it in your visa application. You have to get this done before USCIS issues an RFE asking for your son's status information. For how long was your son out of status. The duration of invalid status has different implications. In any case, before leaving US, you should take advise from a good attorney. Once your son gets H4 visa stamped and re-enters US on a valid H4 status, his previous out-of-status issue will be void. Please note that re-entering on AP does not void earlier out-of-status.
Thanks for your response, Roseball. I really appreciate this community where we can share information and ideas and people like you who share. I gave you green by the way.
Upon further review, I have realized that his 485 was filed when he was in status, ie after his H4 had been extended again. I got mixed up because we had a previous set of 485 applications which were withdrawn on a technicality and when answering previously I looked at the wrong one. The current pending applications happened after we had re-applied and were approved with no trouble at all. I surmise therefore based on your previous post that we should be in good standing and have no trouble when it comes to adjudication? What do you think? I might still consider going to get a stamp, just in case, or is this overkill?
Thanks!
Thanks for your response, Roseball. I really appreciate this community where we can share information and ideas and people like you who share. I gave you green by the way.
Upon further review, I have realized that his 485 was filed when he was in status, ie after his H4 had been extended again. I got mixed up because we had a previous set of 485 applications which were withdrawn on a technicality and when answering previously I looked at the wrong one. The current pending applications happened after we had re-applied and were approved with no trouble at all. I surmise therefore based on your previous post that we should be in good standing and have no trouble when it comes to adjudication? What do you think? I might still consider going to get a stamp, just in case, or is this overkill?
Thanks!
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GCFever007
07-19 10:04 AM
I was in the same shoes once...did some reseach and gather some info hope it will be helpful to resolve your case.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
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theOne
09-09 03:13 PM
What is the difference between 1099 and W2 ?
Thanks,
theOne
Thanks,
theOne
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Soul
06-14 07:02 AM
Haha :beam:
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rolrblade
07-20 01:26 PM
I sent in form G-325 for both me and my wife along with my I-485 instead of the G-325A as required on I-485 instructions by oversight. What do you guys recommend I do? Should I send in a new application or just send in the G-325A form with a letter stating the issue? Please help.
When did you file? How long has it been?
if you just recently filed, I would recommend that you wait for the Receipt notice of the 485 (at this stage they have not worked on your case yet) and then send the letter along with the correct form.
Atleast that way they can track it and put it where it is supposed to go. Right now, if you send it where are they going to find your form in 700K+ applications comming n and and you not even being in the system.
Consult with your attorney thugh.
Just my 2 cents.
When did you file? How long has it been?
if you just recently filed, I would recommend that you wait for the Receipt notice of the 485 (at this stage they have not worked on your case yet) and then send the letter along with the correct form.
Atleast that way they can track it and put it where it is supposed to go. Right now, if you send it where are they going to find your form in 700K+ applications comming n and and you not even being in the system.
Consult with your attorney thugh.
Just my 2 cents.
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eastindia
04-22 09:28 AM
So basically you are saying you cannot sue the people responsible for greencard problem.
I think the only option left is to either sue God or sue yourself for your bad luck.
I think the only option left is to either sue God or sue yourself for your bad luck.
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gcseeker2002
05-13 10:41 AM
Does anyone have access to this article :
http://www.diversityinc.com/members/login.cfm?hpage=21367.cfm&CFID=1754493&CFTOKEN=26728028
It looks like favoring us ....
http://www.diversityinc.com/members/login.cfm?hpage=21367.cfm&CFID=1754493&CFTOKEN=26728028
It looks like favoring us ....
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Madhuri
06-15 12:26 AM
So is it that, if you already have approved 3 yr H1 extension after 6 yrs
then it will not become invalid even if you get EAD now?
You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.
then it will not become invalid even if you get EAD now?
You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.
number30
04-17 02:20 PM
Hello,
Thanks a lot for your answers.
Despite the situation sounds illegal and I agree it is - I didn't wanted to make something illegal and was just waiting for my employer to fill the papers.
I am as well what they call a skilled worker, I basically get a o1 visa to work as manager for a big company and I don't give a fuck - but yeah I get another job offer and didn't waited to have the new visa to start. You know sometimes you can take bad decisions, people can tell you things which never happen, and that's unfortunately how life is.
Last week I get another job offer, it's real and not illegal - I worked a lot to get this offer and spent so much time working hard instead to have fun.
I am currently filling a new o1 with a lawyer and plan anyway to leave the US asap. Maybe I will never have this visa and will probably be bar for 3 years but I really need to try to make everything possible.
When I get the first job offer in the US - I was working as manager in Europe, and everything was pretty fine. I accepted this job, sold and gave all the stuff I owned to come here, in the United States, to work. Today I have no apartment or place to live in my country and I know as well that when you get a non immigrant visa you are supposed to can get back to your country easily but it's like hard to keep 2 rent and 2 places.
I will be very grateful if you can give me your point of view about my case and share your experiences.
Thanks a lot
If he has canceled the visa that is not over stay. It is illigal stay which quite lesser offence then the over stay. What is your I-94 expiry date? If it is not surpassed yet you are not subjected to any bars.
Thanks a lot for your answers.
Despite the situation sounds illegal and I agree it is - I didn't wanted to make something illegal and was just waiting for my employer to fill the papers.
I am as well what they call a skilled worker, I basically get a o1 visa to work as manager for a big company and I don't give a fuck - but yeah I get another job offer and didn't waited to have the new visa to start. You know sometimes you can take bad decisions, people can tell you things which never happen, and that's unfortunately how life is.
Last week I get another job offer, it's real and not illegal - I worked a lot to get this offer and spent so much time working hard instead to have fun.
I am currently filling a new o1 with a lawyer and plan anyway to leave the US asap. Maybe I will never have this visa and will probably be bar for 3 years but I really need to try to make everything possible.
When I get the first job offer in the US - I was working as manager in Europe, and everything was pretty fine. I accepted this job, sold and gave all the stuff I owned to come here, in the United States, to work. Today I have no apartment or place to live in my country and I know as well that when you get a non immigrant visa you are supposed to can get back to your country easily but it's like hard to keep 2 rent and 2 places.
I will be very grateful if you can give me your point of view about my case and share your experiences.
Thanks a lot
If he has canceled the visa that is not over stay. It is illigal stay which quite lesser offence then the over stay. What is your I-94 expiry date? If it is not surpassed yet you are not subjected to any bars.
desidas
01-23 08:28 PM
Ramba,
Please advise
I dont work for my GC Sponsoring employer anymore and I dont have H1B either
Will it be any issue at Port of Entry if they ask why I am not working from my GC employer anymore?
I changed jobs using AC-21 and working on EAD now and H1B not valid anymore
Please advise
I dont work for my GC Sponsoring employer anymore and I dont have H1B either
Will it be any issue at Port of Entry if they ask why I am not working from my GC employer anymore?
I changed jobs using AC-21 and working on EAD now and H1B not valid anymore
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