div_bell_2003
03-24 06:56 PM
Your status does not change to H1B till October 1st, 2009 so by default you are on OPT till that time. Now, you might want to check with your company lawyers if they are going ahead with the filing. My feeling is , they are going to go ahead with the filing since only after an H1B is laid off, USCIS is notified by the sponsoring employer. If you don't file on the April time frame, you might miss the bus for this year and your next shot comes only in April 2010. Take a moment off and think with a cool head, what do you think would be good for you and your career.
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nixstor
02-09 06:09 PM
http://hammondlawgroup.blogspot.com/2007/02/advocacy-alert-retrogression-were.html
check it out!
check it out!
yagw
10-31 06:43 PM
I am planning to shift employers and I have a question:
Company A applied for my green card and I have an approved I-140, passed the 6 month mark and now planning to shift jobs on EAD. I have an offer from Company B with a condition that my offer would be permanent upon approval of my green card. I cannot work for company B till I physically have my GC. In the mean time can I work for Company C ( in a completely different field) till my GC gets approved without any issues?
To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Company A applied for my green card and I have an approved I-140, passed the 6 month mark and now planning to shift jobs on EAD. I have an offer from Company B with a condition that my offer would be permanent upon approval of my green card. I cannot work for company B till I physically have my GC. In the mean time can I work for Company C ( in a completely different field) till my GC gets approved without any issues?
To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
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sunny1000
12-07 03:08 PM
Thanks everyone for the replies. Appreciate it.:)
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luncheSpecials
02-11 03:22 PM
where is the link ?
caforum2
06-19 07:32 AM
EAD has nothing to do with status. He is in legal status as long as his I-485 is filed and waiting to be decided by USCIS, even if his non immigrant visa expired. EAD is work permit and he can't work based on EAD filing but only on approved ead.
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vinnysuru
03-30 12:26 AM
You can't come back on expired visa if you applied for a new visa in Canada if the request for new visa is denied. To come back on expired visa you will be using automatic visa revalidation and according to 2002 AVR memo, AVR applies only for Canada or Mexico if you visit for less than 30 days, haven't applied for a new visa stamp at a consulate abroad and are still eligible to be admitted in the status.
If you apply for visa and get denied, you can go back to home country and reapply or enter on AP if you have it. And entry on AP is not an admittance to US, it is only being paroled into US.
If you apply for visa and get denied, you can go back to home country and reapply or enter on AP if you have it. And entry on AP is not an admittance to US, it is only being paroled into US.
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lostinbeta
09-06 04:08 PM
That footer would kick arse to techno music. I love the techno music! I think you just aren't pleased with it because it's yours. I know I am not fully pleased with mine. But I keep getting compliments on it, so I guess it is good.
I guess it is because since you made it, you got to see it all the time, so to us it is new, but to you it is old, so we are like "oh wow" and you are just like "eh, its alright".
I guess it is because since you made it, you got to see it all the time, so to us it is new, but to you it is old, so we are like "oh wow" and you are just like "eh, its alright".
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sweet_jungle
11-16 02:38 AM
there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.
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thakurrajiv
11-10 12:22 PM
I entered US using AP on this Sunday from Chicago.
AP and passport were enough. They did ask for old H1 stamp which was on my older expired passport. So I will add :
carry older passports if any.
I also carried I-485 notice and EAD but was not asked for it.
AP and passport were enough. They did ask for old H1 stamp which was on my older expired passport. So I will add :
carry older passports if any.
I also carried I-485 notice and EAD but was not asked for it.
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vparam
03-10 06:11 PM
You can get SSN is you could provide a proof that it is required for taking an exam or license. You need to show that the process requires and also get a letter from the license issuer that it required to issue a license.
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pnjbindia
04-11 06:26 PM
Lasanthe,
Thanks.
When I applied for my wife's AOS 3 weeks ago as a derivative, my lawyer also wrote in the cover letter to consider my case in cross chargeability.
But I have not seen any LUDs on my case yet. One point is that , may be I have to wait till my wife has got her FP cleared? Or can I get my case approved before hers? My FP is cleared....
Do you think they can give me the GC before my wife? Or they both have to come at the sametime... she is my AOS dependent, but i am using her country for cross chargeability.... any thoughts....
Thanks.
When I applied for my wife's AOS 3 weeks ago as a derivative, my lawyer also wrote in the cover letter to consider my case in cross chargeability.
But I have not seen any LUDs on my case yet. One point is that , may be I have to wait till my wife has got her FP cleared? Or can I get my case approved before hers? My FP is cleared....
Do you think they can give me the GC before my wife? Or they both have to come at the sametime... she is my AOS dependent, but i am using her country for cross chargeability.... any thoughts....
more...
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perm2gc
11-15 11:31 PM
Hello Experts,
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
Dont about worry about your wife now..I140 is yours and you can file it...when you file I485..you attorney will guide you..
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
Dont about worry about your wife now..I140 is yours and you can file it...when you file I485..you attorney will guide you..
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rajarao
12-18 11:25 AM
Amsterdam- you don't need transit visa, same with brussels or Frankfurt
Please confirm this on the respective country consulate websites.
Friends Hi:
We are leaving for India in January 2009. I have AP and EAD approved with expired H1B visa stamp on my passport with I-485 pending since July 2007. We have booked flights to Mumbai via Amsterdam (KLM -NWA). Do I still need to get a transit visa, even though our flight will be halting for few may be 3-4 hours at Amsterdam. I am super confused. Please guide.
Thanks
RPH
Please confirm this on the respective country consulate websites.
Friends Hi:
We are leaving for India in January 2009. I have AP and EAD approved with expired H1B visa stamp on my passport with I-485 pending since July 2007. We have booked flights to Mumbai via Amsterdam (KLM -NWA). Do I still need to get a transit visa, even though our flight will be halting for few may be 3-4 hours at Amsterdam. I am super confused. Please guide.
Thanks
RPH
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STAmisha
09-30 05:53 PM
BUMP~
If somebody has an answer, please reply.
If somebody has an answer, please reply.
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BECsufferer
08-27 03:56 PM
11411 E. Jefferson Ave. Detroit.
If you schedule an infopass, the address will be their.
How long was wait? ... I reached 4 mins before so total was 5 mins.
If you schedule an infopass, the address will be their.
How long was wait? ... I reached 4 mins before so total was 5 mins.
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Desertfox
06-07 06:06 PM
I think its your LC job requirements which governs EB2/EB3. For EB2 classification on your I-140, your job must require 'Masters' or 'Bachelors+5Yrs Experience' on Labor Certification.
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royus77
05-30 06:40 PM
my advice to you is try to do it in person. i did it a few months ago in houston. i know a lot of people are not lucky enough to be close to a consulate. but when you apply in person, and you say that you will pick up your passport in person, then you take most of the problems away involving postal delivery and receipt of the passport.
so even if it may hurt to drive for a few hours, it may be well worth the drive. afterall passport with a visa stamp is probably the most important document you will ever have in your possession while you are on H1-B.
the way it works in houston is - you submit all the paperwork etc. during morning hours. they will tell you to come and pick up your passport after 3-4 weeks. you go there say a couple of days after they told you to come, pick up your passport...go home...effortless.:cool:
Washington DC is same day if you drop and collect in person ..last year i renewed the same
so even if it may hurt to drive for a few hours, it may be well worth the drive. afterall passport with a visa stamp is probably the most important document you will ever have in your possession while you are on H1-B.
the way it works in houston is - you submit all the paperwork etc. during morning hours. they will tell you to come and pick up your passport after 3-4 weeks. you go there say a couple of days after they told you to come, pick up your passport...go home...effortless.:cool:
Washington DC is same day if you drop and collect in person ..last year i renewed the same
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EndlessWait
07-31 04:41 PM
uuuhhh. I can atleast respond to the drink question! use your passport. that is valid proof of age. The law does not require everyone to have a drivers license. Driving is a privilage.......not a right. So, feel free to take your passport in as proof of age and enjoy the drinks :D
Well your temporary license is as good as ur old license. Does it have your picture and DOB..if so then take that along..passport should be avoided as long as not necessary(to prevent it from getting lost).
Well your temporary license is as good as ur old license. Does it have your picture and DOB..if so then take that along..passport should be avoided as long as not necessary(to prevent it from getting lost).
Miya Maqbool
08-16 05:20 PM
Howdy fellow Aliens,
My wife's EAD just got approved. Now I have to get her a SSN so she can start working part time. Firstly I should ask can she get a SSN provided her I-485 application is filed and she has a valid EAD ? Any idea how long it takes to get the dang SSN ? I appreciate your help as always.
Hi,
When did you file the I 485 and EAd application for your wife..what ws your PD?
Thanks
My wife's EAD just got approved. Now I have to get her a SSN so she can start working part time. Firstly I should ask can she get a SSN provided her I-485 application is filed and she has a valid EAD ? Any idea how long it takes to get the dang SSN ? I appreciate your help as always.
Hi,
When did you file the I 485 and EAd application for your wife..what ws your PD?
Thanks
kcindian
08-03 08:13 PM
Hi,
My EAD expires October 21 2008. I had applied for EAD and AP renewal July 1 and got my LIN numbers by July 7th. The official dates on the USCIS websites are for July 7th. I have not gotten my FP notices yet.
Can anybody tell me based on experience, how long is it taking for NSC to approve renewal cases?
My PD is July 2003 - EB3.
KC Indian
My EAD expires October 21 2008. I had applied for EAD and AP renewal July 1 and got my LIN numbers by July 7th. The official dates on the USCIS websites are for July 7th. I have not gotten my FP notices yet.
Can anybody tell me based on experience, how long is it taking for NSC to approve renewal cases?
My PD is July 2003 - EB3.
KC Indian
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