desidude
12-22 10:12 AM
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
Technically speaking, your 180 days start from the day you filed your I-485. ie. 180 days start from July 2nd in your case. You can still clarify with your attorney to make sure.
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
Technically speaking, your 180 days start from the day you filed your I-485. ie. 180 days start from July 2nd in your case. You can still clarify with your attorney to make sure.
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desi3933
02-11 11:59 AM
Doesn't the H1 takes effect only if you join them. I dont think just getting approval alone change your status.
Otherwise is there any source for this claim
If the approval notice has new I-94 then new status has taken effect. Infact new I-94 will also have H-1B written as well, if the new status is H-1B.
Person has to file for another change of status if he/she wants to go back to old status.
__________________
Not a legal advice.
Otherwise is there any source for this claim
If the approval notice has new I-94 then new status has taken effect. Infact new I-94 will also have H-1B written as well, if the new status is H-1B.
Person has to file for another change of status if he/she wants to go back to old status.
__________________
Not a legal advice.
satishku_2000
08-03 04:43 PM
I understand everyone is anxious but this is simple language. I am sure you can 'decipher' it
I am not sure whether you got a chance to read the whole thread. :) In normal circumstances there is no need to decipher...:)
I am not sure whether you got a chance to read the whole thread. :) In normal circumstances there is no need to decipher...:)
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waitnwatch
12-12 03:18 PM
I have personal experience with this correction. I entered through LA and they marked my wife's I-94 card with the date of expiry of passport. Apparently they should be marking it till the end of the I-797 expiry. Anyway I went to Denver Airport and got a fresh I-94. Those guys were helpful. Only thing is they tried to tell me that the I-94 date didn't matter as I had I-797 till a future date. I kind of persisted politely and they changed it so that I had "peace of mind". Anyway it is always better to get inconsistencies corrected earlier than later. You never know!
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chtting2me
01-02 07:32 PM
Still waiting for FP. Filled on 19th July @TSC
pal351
02-11 05:57 PM
http://www.prweb. com/releases/ 2009/02/prweb200 0494.htm
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GC Khichdi
10-24 03:44 PM
Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
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thakkarbhav
08-26 03:07 PM
My friend's wife got a job. company didn't ask for ead card so far. she filed the employment applicaiton where they asked her if she is a citizen or green card, she filled everything correct, they made an offer and did the background check, she is supposed to start in 2 weeks.
Question, does she need to disclose about EAD now or wait until start give the information while filling I-9 Form. Does employeer right to not hire people on EAD?
Please clarify.
They will ask for it when you fill the I-9 form on first day of joining. Make sure to bring it with you.
Question, does she need to disclose about EAD now or wait until start give the information while filling I-9 Form. Does employeer right to not hire people on EAD?
Please clarify.
They will ask for it when you fill the I-9 form on first day of joining. Make sure to bring it with you.
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greencardvow
07-31 04:56 PM
you can't once it is rejected.
Hi, I am planning to goto india and i don't want to visit US Embassy in Chennai as i am working for a small consulting company. They will ask so many things.
I hope canada will be smooth.
My question is if US embassy in Canada don't want to extend my H1 will they cancel my current H1? Can i re-enter USA?
Hi, I am planning to goto india and i don't want to visit US Embassy in Chennai as i am working for a small consulting company. They will ask so many things.
I hope canada will be smooth.
My question is if US embassy in Canada don't want to extend my H1 will they cancel my current H1? Can i re-enter USA?
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mhtanim
10-09 12:07 PM
For the past 2 renewals in FL for me it was like that. They will give exactly for 1 year and will have TEMPORARY in red color font.
Couple of times during travel, Airport TSA authorities asked me why it is temporary in DL and asked me do you have any other photo id proof. So I started carrying Passport with me during the travel to avoid this mess.
Nice... each year they are making money out of you. We will keep paying every year for being legal while illegals will keep driving without any or fake licenses and no insurance. Another great way to make us feel NOT Welcome.
Couple of times during travel, Airport TSA authorities asked me why it is temporary in DL and asked me do you have any other photo id proof. So I started carrying Passport with me during the travel to avoid this mess.
Nice... each year they are making money out of you. We will keep paying every year for being legal while illegals will keep driving without any or fake licenses and no insurance. Another great way to make us feel NOT Welcome.
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sanju
01-23 11:41 AM
I just found out that I have an employment gap of 11 months working without authorization. I applied for an I-485 in 2007 (I-140 approved) and my paralegal told me I didn't need to renew my H-1 nor apply for EA, I was covered by the pending I-485. Today I got a RFE requesting proof of authorization to work since my h-1 expired, and realized I couldn't be working when I hired a real lawyer to take care of this case and she informed me so. How to respond my RFE??? Would they forgive 11 months of working without permit because of bad advice? I have a 9 year history of keeping my papers legal and up to date until this incident. Please help!
Did you apply for I-765 (EAD card) along with your I-485 application. If you did, that could be the posible reason why the paralegal recommended you for not applying extension of H1. Try to find out if you have a valid EAD card and that should help to reply the RFE. If not, try to check if you have a valid I-131 (advance parole). Just drive to Canada and fly back in, using AP, and say that you were not even here for last many years ;-) How about that?
.
Did you apply for I-765 (EAD card) along with your I-485 application. If you did, that could be the posible reason why the paralegal recommended you for not applying extension of H1. Try to find out if you have a valid EAD card and that should help to reply the RFE. If not, try to check if you have a valid I-131 (advance parole). Just drive to Canada and fly back in, using AP, and say that you were not even here for last many years ;-) How about that?
.
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nhfirefighter13
May 3rd, 2005, 04:55 AM
Nice work Anders. Personally, I pan for the stuff on the ground and leave the in air stuff static.
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lghtslpr
02-09 12:56 PM
we can set up web fax with the same content.
Please just do it! Then let people know here and there. I'll try to get the word out too.
(This is a grass roots effort, so there is little top-down orchestration.)
Please just do it! Then let people know here and there. I'll try to get the word out too.
(This is a grass roots effort, so there is little top-down orchestration.)
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amslonewolf
05-10 10:38 PM
FYI check out http://yourmaninindia.com site as well. They provide some good services like getting BC for you etc.
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johnamit
08-02 01:01 PM
I was wanted to know what is the best way to get something from India, please share if you had any experience.
thanks
thanks
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desibechara
04-08 12:08 PM
Hi,
EAD cleared Oct 2007,Fp done Oct, 2007, AP dec12, 2008, recevd jan 12008
No LUDS since sep 19, 2007
db
EAD cleared Oct 2007,Fp done Oct, 2007, AP dec12, 2008, recevd jan 12008
No LUDS since sep 19, 2007
db
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WeShallOvercome
12-26 12:10 PM
Hello all,
not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
1) non-permanent resident aliens
OR
2) non-resident aliens?
thanks
Filing I-485 makes you an 'adjustee' (Under Adjustment of Status).
But you continue to be a non-resident alien under AOS if you keep working on H1. If you switch to EAD/AP, you are just an Adjustee waiting for your status to be adjusted to that of a permanent resident.
not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
1) non-permanent resident aliens
OR
2) non-resident aliens?
thanks
Filing I-485 makes you an 'adjustee' (Under Adjustment of Status).
But you continue to be a non-resident alien under AOS if you keep working on H1. If you switch to EAD/AP, you are just an Adjustee waiting for your status to be adjusted to that of a permanent resident.
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bodhi_tree
12-15 10:32 AM
I have been interviewed a couple of times at a very good stable company and the engineering manger seem to like my skill sets and experience. The issue is the company has no previous experience with H1 visa whatsoever....They haven't said they wont do it..but they are bit edgy in terms of how legally involved it would be...I have a final interview with the HR boss next week and am looking for ideas to quell their H1 anxiety...
I'd appreciate if some one can point to any websites/documents/ideas...some thing to show the HR guy that its not as complex or involved process and they are perceiving it to be would be great..
I'd appreciate if some one can point to any websites/documents/ideas...some thing to show the HR guy that its not as complex or involved process and they are perceiving it to be would be great..
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sku
09-11 01:54 PM
This Poll is for EB2 applicant whose priority Date is current but are waiting for approval.
Last Option Sept 2004 - Jan 2005 Priority Date ...Should be read as Oct 2004 - Jan 2005 Priority Date.
I
Last Option Sept 2004 - Jan 2005 Priority Date ...Should be read as Oct 2004 - Jan 2005 Priority Date.
I
snathan
05-29 10:28 PM
Check with attorney , there is rule which states last action counts and that means as soon you H1 is approved your status changed to H1, if h1 transfer is denied means you are out of status
try applying h1 transfer from another company with in 30 days and go for premium processing if it gets approved you status will be h1 but the approval will not have I94 and that will force you to go out of country and get stamped to return to USA.
1. If you are still with university and the H1 is valid, you are not out of status.
2. If you are out of university and if company A's H1 is valid, you can start work with company A.
If you are out of university and company A's H1 is valid, but you are not getting job or salary - you are out of status
If you are out of university and company A's H1 is not valid, you are out of stats.
Please check with attorney asap.
try applying h1 transfer from another company with in 30 days and go for premium processing if it gets approved you status will be h1 but the approval will not have I94 and that will force you to go out of country and get stamped to return to USA.
1. If you are still with university and the H1 is valid, you are not out of status.
2. If you are out of university and if company A's H1 is valid, you can start work with company A.
If you are out of university and company A's H1 is valid, but you are not getting job or salary - you are out of status
If you are out of university and company A's H1 is not valid, you are out of stats.
Please check with attorney asap.
CantLeaveAmerica
04-16 02:08 PM
Trust me. That's a move you will surely enjoy....I moved in the opposite direction.......Houston to Allentown
Houston is the best. Lovely weather, Really "BIG" city so you can get or do whatever you want. The metro system is not the best but if you only need it to commute to work(downtown) then no problem. By the way they don't give a crap about driver's licenses in houston, too many applications. They'll give you 6yrs easily on ur license.
Yep, dont worry about DL in texas, I renewed my TX license over the internet for 6 years, till 2013:)
Houston is the best. Lovely weather, Really "BIG" city so you can get or do whatever you want. The metro system is not the best but if you only need it to commute to work(downtown) then no problem. By the way they don't give a crap about driver's licenses in houston, too many applications. They'll give you 6yrs easily on ur license.
Yep, dont worry about DL in texas, I renewed my TX license over the internet for 6 years, till 2013:)
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