kaisersose
06-02 03:24 PM
You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?
Here is how I see it,
1. You use your EAD and quit your employer.
2. Your H employer cancels your H-1 and therefore the H-4 is cancelled too.
3. When it is time for your wife to apply for AOS, she has show proof that she is legally in the US at that time.
4. But she is no longer in the US legally and so she cannot really apply.
I would not take this route. Instead I suggest you try to get her a different visa (h1, F1, etc) and make her status independent of yours. If not, then you will have to hold on to a H status until her PD becomes current.
Here is how I see it,
1. You use your EAD and quit your employer.
2. Your H employer cancels your H-1 and therefore the H-4 is cancelled too.
3. When it is time for your wife to apply for AOS, she has show proof that she is legally in the US at that time.
4. But she is no longer in the US legally and so she cannot really apply.
I would not take this route. Instead I suggest you try to get her a different visa (h1, F1, etc) and make her status independent of yours. If not, then you will have to hold on to a H status until her PD becomes current.
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gcseeker2002
01-02 02:56 PM
Please anyone.........help me.
I couldn't find any other thread in this forum discussing the same problem as mine. Please let me know if it has been discussed already.
Thank you very much.
You dont have to get it stamped if you are returning before your current stamping expires. However it is better to get stamping if you are planning travel after your current stamping expires.
I couldn't find any other thread in this forum discussing the same problem as mine. Please let me know if it has been discussed already.
Thank you very much.
You dont have to get it stamped if you are returning before your current stamping expires. However it is better to get stamping if you are planning travel after your current stamping expires.
ngopikrishnan
07-13 09:44 AM
Good news to report!!
AP (for myself & spouse) and EAD (for myself) Renewal Paper filed at TSC - Self Filed
USPS'd AP & EAD apps - 6/2
Reached TSC - 6/3
Receipt Date - 6/4
LUDs on AP & EAD apps - 6/11
AP Approval Email (for myself & spouse) - 6/29
LUDs on AP apps (for myself & spouse) - 6/30
APs (for myself & spouse) received on - 7/4
EAD Card Production Ordered Email (for myself) - 7/13 *** Card Production was ordered on 7/11 ***
AP (for myself & spouse) and EAD (for myself) Renewal Paper filed at TSC - Self Filed
USPS'd AP & EAD apps - 6/2
Reached TSC - 6/3
Receipt Date - 6/4
LUDs on AP & EAD apps - 6/11
AP Approval Email (for myself & spouse) - 6/29
LUDs on AP apps (for myself & spouse) - 6/30
APs (for myself & spouse) received on - 7/4
EAD Card Production Ordered Email (for myself) - 7/13 *** Card Production was ordered on 7/11 ***
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vallabhu
11-13 04:47 PM
I asked her if it is change of address they sent she is not sure but she said usually it is the card when Current Status: is "Document mailed to applicant."
She put in a service request for me and she some one is going to contact me in 30 business days.
She put in a service request for me and she some one is going to contact me in 30 business days.
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theperm
05-07 03:21 PM
Thanks! :-)
rsdang
10-30 04:05 PM
Dude you have the AP use it... I have travelled on AP multiple time no issues. I have an approved H1 which I dont use any more...
All the best
All the best
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gxr
10-01 03:29 PM
Anyone with Oct 06 or earlier RD still waiting for I-140 approval?
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pablo8000
04-16 07:36 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
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
more...
prem_goel
01-29 11:02 AM
My sister got her H-1B in 2008 but didn't work for her employer due to health problems. After about 3 to 4 months she left for India and recovered. Over there she joined a multi-national who sent her on B1 this year. (She already had traveled on B1 from a very old employer and used that).
Now after coming here on B1, she has a job offer from an Indian MNC. My understanding is that the MNC will have to file two petitions:
1. A Change of Status from B1 to H1B
2. A I-129 requesting H-1B (or H-1B transfer)
Question -
a) Can she start working for the Indian MNC after filing both of these two, or will we have to wait for both approvals?
b) Do we require paystubs from the original H-1B employer from 2008 for H-1B transfer? My understanding is that paystubs are usually required to establish one is currently in status, but she is on B1 right now and not H1B.
Attorneys, please advise.
Much thanks in advance,
P
Now after coming here on B1, she has a job offer from an Indian MNC. My understanding is that the MNC will have to file two petitions:
1. A Change of Status from B1 to H1B
2. A I-129 requesting H-1B (or H-1B transfer)
Question -
a) Can she start working for the Indian MNC after filing both of these two, or will we have to wait for both approvals?
b) Do we require paystubs from the original H-1B employer from 2008 for H-1B transfer? My understanding is that paystubs are usually required to establish one is currently in status, but she is on B1 right now and not H1B.
Attorneys, please advise.
Much thanks in advance,
P
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mdy_tvr
02-04 06:34 PM
yes, since she has a pending 485 she does not have to worry about status, that pending 485 keeps the status around. She can even file for an EAD.
Thanks meridiani.planum for the response.
Thanks meridiani.planum for the response.
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Quest99
09-14 03:30 PM
Here is my story:
I work for Company A. Got an offer from Company B who is a consulting company. Got placed in a project which is like 1.5 hrs away from my home (I accepted this opportunity for my GC and everything was fine). Company B filed for my LCA for the H1-B transfer. They accepted to pay all the H1-B transfer fees.
Here is my problem:
1 week after my LCA was filed, I came to know that my wife was pregnant. As per the doctor she needs some close attention and care because of her health condition(atleast for 2 months). Also, I have to take her for tests minimum once per week at a hospital which is quite opposite in direction where company B placed me (2hrs ride).
I came to a conclusion not to take this opportunity because of my wife's health and also keeping in mind how the new job will treat me (in terms of flexibility. leaving early, WFH etc - for my wife's treatment). I felt this was a genuine reason from my side.
I informed Company B about this change of plan because I cannot commute such a long distance having these constraints in mind (not good for me as well as not good for the new project).
Company B is asking me pay $3000 for some damages and they say that it is as per the contract.
To my true knowledge I did not sign any kind of contract with them neither the recruiter told me anything. Now Company B is saying that minimum 3 months is required or I have to pay for H1-B transfer and all other fees.
The offer letter that I signed clearly stated that the employment is "At Will" in nature which when asked now, Company B is saying that is for GC and Citizens (which is not mentioned anywhere in the offer letter).
The thing is that they are threatening me and they were so rough and hard when I finally spoke to them. They said that they will be sending the vouchers for me to pay them back.
I thank God for not joining this company as I came to know about their true colors now, they are so money minded and the words they spoke were so harmful. I am pretty sure they would have created more problems for some other reasons if I had joined them.
Even though I did not sign any bond, I am really scared by the way they spoke to me. Any help or advice will be greatly appreciated.
I work for Company A. Got an offer from Company B who is a consulting company. Got placed in a project which is like 1.5 hrs away from my home (I accepted this opportunity for my GC and everything was fine). Company B filed for my LCA for the H1-B transfer. They accepted to pay all the H1-B transfer fees.
Here is my problem:
1 week after my LCA was filed, I came to know that my wife was pregnant. As per the doctor she needs some close attention and care because of her health condition(atleast for 2 months). Also, I have to take her for tests minimum once per week at a hospital which is quite opposite in direction where company B placed me (2hrs ride).
I came to a conclusion not to take this opportunity because of my wife's health and also keeping in mind how the new job will treat me (in terms of flexibility. leaving early, WFH etc - for my wife's treatment). I felt this was a genuine reason from my side.
I informed Company B about this change of plan because I cannot commute such a long distance having these constraints in mind (not good for me as well as not good for the new project).
Company B is asking me pay $3000 for some damages and they say that it is as per the contract.
To my true knowledge I did not sign any kind of contract with them neither the recruiter told me anything. Now Company B is saying that minimum 3 months is required or I have to pay for H1-B transfer and all other fees.
The offer letter that I signed clearly stated that the employment is "At Will" in nature which when asked now, Company B is saying that is for GC and Citizens (which is not mentioned anywhere in the offer letter).
The thing is that they are threatening me and they were so rough and hard when I finally spoke to them. They said that they will be sending the vouchers for me to pay them back.
I thank God for not joining this company as I came to know about their true colors now, they are so money minded and the words they spoke were so harmful. I am pretty sure they would have created more problems for some other reasons if I had joined them.
Even though I did not sign any bond, I am really scared by the way they spoke to me. Any help or advice will be greatly appreciated.
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pappu
02-18 01:06 AM
Hello Varsha and NJ chapter members,
Thank you for taking the lead with the Meet the lawmaker initiative. It is very important for our EB community to be active and vibrant on the issues that are important to us. We cannot emphasize enough the importance of meeting the lawmaker in our home states. As you already know, in campaign like ours, it is the most vibrant communities who ultimately succeed.
The real question is when would there be sufficient number of community members who would feel the need and the motivation to be vibrantly active. It is the fence sitters that we have to convince so that more number of green card applicants, suffering due to retrogression, would feel the urge to actively participate in fixing their own issues. And your act of sharing your experiences with the community about what you were able to accomplish, is a big step in the right direction to motivate others to emulate what you have been able to do. In effect, today, you helped raise the level of consciousness of the community and prompted a sizeable number of members to think and believe that they could meet the lawmakers and make the difference in this debate. I am confident that most members, who listened to your narration tonight, were convinced that they could do it too. That is the message that we have to send out so that the energies emanating from our frustration due to delays with the system, which are often times visible on IV forums, could be channelized into positive direction. We see that there are many reasons why people do not actively participate in Immigration Voice efforts. A large part of these community members could be described in two broad categories:-
(1.) Green card applicants who are totally unaware of the current situation and thus they are indifferent towards the reasoning and the depth of the problem causing delays in the system. They think that their individual applications will get approved in "few months" so there is nothing they need to do.
(2.) The victims of the retrogression come from various parts of the world.
The members who belong to this group are already disheartened with the delay of their application and have waited patiently for their turn in the line for several years. This long period of wait has made this group of people to lose faith and so they do not believe in themselves. They don't actually think that they can make any difference in this debate to facilitate anything that would change the system. Because they do not believe in themselves, these people do not also believe that others like them can do anything to change the system either. So often times they refuse to participate, not knowing that they are refusing to participate in an effort that will ultimately facilitate the change in the system.
The positive message, like the one from you on the conference call today will help more and more members to believe that they can actively participate in changing the system to change their and their families' lives. And it is this belief in our own self that will ultimately wake-up this community. I am confident that after listening to your narration on today's call, more and more members will sincerely attempt to meet their lawmakers and will educate other members about their efforts. I believe that this community has a massive potential to make the change. The only question is when would the sizable number of IV members feel motivated enough to get up to actively participate in this process to facilitate the coming change? After today's call, I believe that the answer to this question is, very soon.
Again, Thank you for actively participating in the effort and more importantly, encouraging others to participate actively. Please continue to help and motivate other members in the organization.
Regards,
Pappu on behalf of IV team
Thank you for taking the lead with the Meet the lawmaker initiative. It is very important for our EB community to be active and vibrant on the issues that are important to us. We cannot emphasize enough the importance of meeting the lawmaker in our home states. As you already know, in campaign like ours, it is the most vibrant communities who ultimately succeed.
The real question is when would there be sufficient number of community members who would feel the need and the motivation to be vibrantly active. It is the fence sitters that we have to convince so that more number of green card applicants, suffering due to retrogression, would feel the urge to actively participate in fixing their own issues. And your act of sharing your experiences with the community about what you were able to accomplish, is a big step in the right direction to motivate others to emulate what you have been able to do. In effect, today, you helped raise the level of consciousness of the community and prompted a sizeable number of members to think and believe that they could meet the lawmakers and make the difference in this debate. I am confident that most members, who listened to your narration tonight, were convinced that they could do it too. That is the message that we have to send out so that the energies emanating from our frustration due to delays with the system, which are often times visible on IV forums, could be channelized into positive direction. We see that there are many reasons why people do not actively participate in Immigration Voice efforts. A large part of these community members could be described in two broad categories:-
(1.) Green card applicants who are totally unaware of the current situation and thus they are indifferent towards the reasoning and the depth of the problem causing delays in the system. They think that their individual applications will get approved in "few months" so there is nothing they need to do.
(2.) The victims of the retrogression come from various parts of the world.
The members who belong to this group are already disheartened with the delay of their application and have waited patiently for their turn in the line for several years. This long period of wait has made this group of people to lose faith and so they do not believe in themselves. They don't actually think that they can make any difference in this debate to facilitate anything that would change the system. Because they do not believe in themselves, these people do not also believe that others like them can do anything to change the system either. So often times they refuse to participate, not knowing that they are refusing to participate in an effort that will ultimately facilitate the change in the system.
The positive message, like the one from you on the conference call today will help more and more members to believe that they can actively participate in changing the system to change their and their families' lives. And it is this belief in our own self that will ultimately wake-up this community. I am confident that after listening to your narration on today's call, more and more members will sincerely attempt to meet their lawmakers and will educate other members about their efforts. I believe that this community has a massive potential to make the change. The only question is when would the sizable number of IV members feel motivated enough to get up to actively participate in this process to facilitate the coming change? After today's call, I believe that the answer to this question is, very soon.
Again, Thank you for actively participating in the effort and more importantly, encouraging others to participate actively. Please continue to help and motivate other members in the organization.
Regards,
Pappu on behalf of IV team
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nozerd
01-15 02:34 PM
The centers seem pretty spread out Geographically. Which part of the country do you live ?
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jonty_11
01-22 12:01 PM
Thank you JAPS19 - This Helps - Thank you.
I dont have H1B for the new company, just employment letter and pay stubs.
Can you please advise why you were sent to downtown? for what verification?
Which airport was your port of entry?
I dont have a lawyer anymore as I got laid off from the sponsoring company and working on a new company with EAD.
Guys, take it easy, if they deport you from the port of entry the world will not come crashing down....Always keep your head up high and walk upright....we are more educated and learned than most of the folks around the world...so why be afraid....Just be honest and tell the truth...and let time take its course...NO FEAR and HONESTY should be our motto in these times of trial!!!!
I dont have H1B for the new company, just employment letter and pay stubs.
Can you please advise why you were sent to downtown? for what verification?
Which airport was your port of entry?
I dont have a lawyer anymore as I got laid off from the sponsoring company and working on a new company with EAD.
Guys, take it easy, if they deport you from the port of entry the world will not come crashing down....Always keep your head up high and walk upright....we are more educated and learned than most of the folks around the world...so why be afraid....Just be honest and tell the truth...and let time take its course...NO FEAR and HONESTY should be our motto in these times of trial!!!!
more...
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jamesbond007
12-03 12:48 PM
Thanks for your advice guys, I have found a university which allows people to go on CPT from 1st semester itself. They charge $3000 for this arrangement (along with $2400 for 6 credit hours) and their MBA/MS program is weekend only classes. I expect to convert to F1 and work with my present employer on CPT upon the my H1B expiration in Sept' 09 (I don't want to recapture the 2 months in Indian vacation). Classes start in 1st week of Oct 2009. The worst part is my course load will be really heavy as I have to continue with my regular M.B.A coursework in my present university.
Check to make sure the CPT from that university does not have any conditions on the type of employment you can take under it. And also check the number of hours you can work under that CPT - fulltime/parttime?.
Check to make sure the CPT from that university does not have any conditions on the type of employment you can take under it. And also check the number of hours you can work under that CPT - fulltime/parttime?.
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hopeful08
04-21 12:29 PM
Isn't this everyody's concern ? GC process is something that has absolutely no predictability. It's all luck...I've been waiting for that moment from almost 8 years postponing many important decisions in life. So, I've come to the realization that the only thing we can do is hope.
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pappu
05-20 08:31 PM
Good post
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ssdtm
10-13 03:34 PM
You are going there for a visa as a professional ( in IT, medicine etc). Dress like a professional. Need not be in a tie, but semi formal is recommended. How you carry yourself speaks about you. There is no rule, no norm, and no guideline but when it comes to communication, non-verbal communication counts a lot.
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sury
11-07 10:26 AM
If EB2 PD is 1 APR 2004 then what does the ProcessingTimeFrame Date(August 25, 2006) mean for I-485 in Texas Service Center.
Can anyone clarify. Guys exuse my Ignorance...I just want to know the rule
Can anyone clarify. Guys exuse my Ignorance...I just want to know the rule
immi2006
10-09 07:11 PM
Otherwise it is a time waste...
I applied on 2nd July and got Receipts on 08/27/2007. Still waiting for the FP notice. There are lot of ppl in the same boat. Take it easy. I called USCIS last week and they opened Service Request for myself and mywife. Call USCIS and ask them to open SR.
I applied on 2nd July and got Receipts on 08/27/2007. Still waiting for the FP notice. There are lot of ppl in the same boat. Take it easy. I called USCIS last week and they opened Service Request for myself and mywife. Call USCIS and ask them to open SR.
starscream
07-05 04:39 PM
I have got my canadian PR approval for me and my wife and have sent the passports to the Canadian Consulate in NYC for immigrant visa stamping. To get my PR card I have to land in Canada before Dec 19, 2007 when the visa expires.
I have not traveled outside the US after I got my H1B and am planning to go to Canada for stamping H1B for me H4 for my wife.
Would there be any problem for me to land in Canada since I will not be landing there with the intention to settle but will return after getting my H1B stamped in a couple of days.
Anyone gone through my kind of situation before. Please send me a PM.
I am concerend about being denied entry in Canada and then I will be nowhere because I cannot return to US without a vaid H1B stamp.
I have not traveled outside the US after I got my H1B and am planning to go to Canada for stamping H1B for me H4 for my wife.
Would there be any problem for me to land in Canada since I will not be landing there with the intention to settle but will return after getting my H1B stamped in a couple of days.
Anyone gone through my kind of situation before. Please send me a PM.
I am concerend about being denied entry in Canada and then I will be nowhere because I cannot return to US without a vaid H1B stamp.
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