jackisback
06-03 12:17 PM
Anyone used this to inform CIS of their AC-21 case since it was announced?
Any experiences??? I had sent this to my attorney for his inputs but got no response
Any experiences??? I had sent this to my attorney for his inputs but got no response
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dil_ip3
02-25 11:35 AM
Thanks Kopra for the reply.
Also, if their are any Questions form the Port of Entry officer about Paystubs, can we say that employer couldn't find me a project; hence I'm changing back my status to H4 or is there anything else that we can say more appropriate.
Also, if their are any Questions form the Port of Entry officer about Paystubs, can we say that employer couldn't find me a project; hence I'm changing back my status to H4 or is there anything else that we can say more appropriate.
meridiani.planum
06-19 03:54 PM
Hi,
I am posting this on my friend's behalf. Here's his situation:
a) He's on H1
b) Applied for 485 / 765 / 131 through his employer.
c) Still on H1; EAD & AP approved.
d) Priority date no longer current for 485
e) He gets married.
f) Wife comes to US on H-4.
g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
h) Another thing is, she is also interested in working but can't do that on H-4.
Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.
Please let me know if it's possible to add the dependent regardless of PD being current or not.
Thanks in advance.
She cant file her 485/EAD/AP if the spouse's PD is not current.
her only option if she wants to work is filing her own H1. Until she changes status to her own H1, husband cannot use EAD (he needs to maintain H1 so she has H4 status).
However he *CAN* change jobs using AC-21, the new employer must sponsor his H1, he cant join on EAD. You dont HAVE to use EAD to switch jobs using AC-21, switching on H1 is also ok.
I am posting this on my friend's behalf. Here's his situation:
a) He's on H1
b) Applied for 485 / 765 / 131 through his employer.
c) Still on H1; EAD & AP approved.
d) Priority date no longer current for 485
e) He gets married.
f) Wife comes to US on H-4.
g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
h) Another thing is, she is also interested in working but can't do that on H-4.
Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.
Please let me know if it's possible to add the dependent regardless of PD being current or not.
Thanks in advance.
She cant file her 485/EAD/AP if the spouse's PD is not current.
her only option if she wants to work is filing her own H1. Until she changes status to her own H1, husband cannot use EAD (he needs to maintain H1 so she has H4 status).
However he *CAN* change jobs using AC-21, the new employer must sponsor his H1, he cant join on EAD. You dont HAVE to use EAD to switch jobs using AC-21, switching on H1 is also ok.
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kartikiran
08-17 05:24 PM
Recently(July 12th 2009) travelled from Hyd to JFK via Dubai on AP. No problems with the airlines. Had to clear the secondary inspection at JFK airport ala Shahrukh Khan...;)
Note, was using my AP for the 2nd time within an year travelling from India.
I just came back this afternoon (1:30 PM EST) via Dubai...Atlanta..from Chennai.. Just showed AP document and passport.. no questions asked...
Airline just verified AP at Chennai and Dubai to ensure I travel with valid documentation to USA.
sanjay02: Dependents may need to produce Primary Applicant's 485 receipt just incase they ask.. Not sure if it really matters as there is no primary or dependent on AP document mentioned.
Hope this helps!
Note, was using my AP for the 2nd time within an year travelling from India.
I just came back this afternoon (1:30 PM EST) via Dubai...Atlanta..from Chennai.. Just showed AP document and passport.. no questions asked...
Airline just verified AP at Chennai and Dubai to ensure I travel with valid documentation to USA.
sanjay02: Dependents may need to produce Primary Applicant's 485 receipt just incase they ask.. Not sure if it really matters as there is no primary or dependent on AP document mentioned.
Hope this helps!
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logiclife
03-28 06:26 PM
I read dailykos.com, a liberal blog site, often. Recently, there has been a spate of postings there that are anti H-1B and anti high tech immigration. One example, from today, is: http://www.dailykos.com/story/2007/3/28/82450/4208. I have been posting comments as cacophonix.
dailykos.com is the most powerful and most popular liberal blog. Opinion that gets set there is influential with Democratic legislators. There is significant support there for high-tech immigration, but I think the tide could easily turn.
I need help from fellow IVers in refuting such ridiculous diaries as the one above. Please register and follow developments there, and please post responses when these issues come up.
I can't stress this enough: dailykos has a strict trolling/abuse policy. If you lose your cool and start abusing, you will get banned in a flash. So please be courteous.
You have indeed done an amazing job in totally making that diary hopeless.
Kudos to you for doing that and many thanks for defending this community on that site.
dailykos.com is the most powerful and most popular liberal blog. Opinion that gets set there is influential with Democratic legislators. There is significant support there for high-tech immigration, but I think the tide could easily turn.
I need help from fellow IVers in refuting such ridiculous diaries as the one above. Please register and follow developments there, and please post responses when these issues come up.
I can't stress this enough: dailykos has a strict trolling/abuse policy. If you lose your cool and start abusing, you will get banned in a flash. So please be courteous.
You have indeed done an amazing job in totally making that diary hopeless.
Kudos to you for doing that and many thanks for defending this community on that site.
ram_nara303
01-15 10:50 AM
I don't think it is not a issue as my friend's father also a retired Navy personel with the INdian Navy had no issues. All he had to so is show that he is a retired personnel and may have to show proof that he is just coming to visit and not to stay back.
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smsthss
11-15 01:13 PM
I am working as a full time emp and not as a consultant. So i think i dont have to worry about client letters.
So according to you, i am eligible for another 3 year extension based on approved I-140 irrespective of whether my I-485 has been filed or not?
What i have been reading in some forum is that, if you have an approved I-140 and if your I-485 has not been filed due to retrogression, then you are eligible for 3 year extension. If you have an approved I-140 and if you have already filed your I-485, then you are eligible only for 1 year extension.
If anyone has been in such a situation, if you know please let me know which one is correct.. or please forward me to any article.
smsthss:
1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.
2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.
Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)
So according to you, i am eligible for another 3 year extension based on approved I-140 irrespective of whether my I-485 has been filed or not?
What i have been reading in some forum is that, if you have an approved I-140 and if your I-485 has not been filed due to retrogression, then you are eligible for 3 year extension. If you have an approved I-140 and if you have already filed your I-485, then you are eligible only for 1 year extension.
If anyone has been in such a situation, if you know please let me know which one is correct.. or please forward me to any article.
smsthss:
1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.
2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.
Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)
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StarSun
04-12 09:24 AM
Please send in your questions for this week (Thursday, Apr 14th) to ivcoordinator@gmail.com
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desi3933
02-25 01:08 PM
You are wrong. Since she is currently on an H1B, her previous H4 stamp is invalid. She will need to get it restamped. When she returns, at the port of entry, unless she gets her H4 restamped, her status will be H1B and she will not be let in on her old H4 stamp.
>> Since she is currently on an H1B, her previous H4 stamp is invalid.
Incorrect. Total BS in your post.
Re-entry using H4 visa will get her back into H4 status, like your attorney suggested.
__________________
Not a legal advice.
US Citizen of Indian Origin
>> Since she is currently on an H1B, her previous H4 stamp is invalid.
Incorrect. Total BS in your post.
Re-entry using H4 visa will get her back into H4 status, like your attorney suggested.
__________________
Not a legal advice.
US Citizen of Indian Origin
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bsbawa10
09-10 12:32 PM
I think members have written tons of pages on forums, spent days not hours predicting the actions of USCIS. But we need to understand that nothing and nobody can predict three things.
1. Earthquakes
2. Shooting stars and
3. USCIS
1. Earthquakes
2. Shooting stars and
3. USCIS
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krishna.ahd
11-27 12:59 PM
I have read many threads that discusses the pros and cons of using EAD over H1 and the common benefit that everyone mentions is that the salary is usually better for a person on an EAD. I spoke to several people who've started using their EAD and realized that even though it opened up opportunities with companies that do not have a policy of sponsoring H1, it DID NOT give them a boost in the salary.
My question is how do people intend to leverage on having an EAD for a higher salary?
Thanks!
Yes , as you are the one negotiating the deal (rate) on W2 or PERM with future employer and removing the agency ( your original H1B sponsoring compnay) between you and client, you should able to get better rate/salary. Again all depends on location, your experience and technology you are in.
Good Luck.
My question is how do people intend to leverage on having an EAD for a higher salary?
Thanks!
Yes , as you are the one negotiating the deal (rate) on W2 or PERM with future employer and removing the agency ( your original H1B sponsoring compnay) between you and client, you should able to get better rate/salary. Again all depends on location, your experience and technology you are in.
Good Luck.
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raysaikat
06-22 10:47 AM
For I-485 Applicant, it is not of much significance.
At POE, AP is stamped for one year (with I-94), but when it expires, it does not matter. One can continue working on H1 or EAD. And if someone is in USA on H4 (and not working on EAD) also remains in vaild status.
So there should not be any reason to worry, however, as suggested by "kshitijnt" better to get in touch with USCIS and let them do corrective action as required.
Please post your experience afterwards.
S/he has to have an unexpired I-94 to stay in the country. It is not about AP or EAD.
At POE, AP is stamped for one year (with I-94), but when it expires, it does not matter. One can continue working on H1 or EAD. And if someone is in USA on H4 (and not working on EAD) also remains in vaild status.
So there should not be any reason to worry, however, as suggested by "kshitijnt" better to get in touch with USCIS and let them do corrective action as required.
Please post your experience afterwards.
S/he has to have an unexpired I-94 to stay in the country. It is not about AP or EAD.
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sweet_jungle
11-25 02:30 AM
Sweet_jungle, I am in a similar situation. My attorney sent a request to TSC 3 months back to fix the PD but no response yet. What did you do to open the obmudsman inquiry? Did you send him an email or did you send him a letter in the email
Ombudsman responded saying that my PD is the older PD. Looks like the earlier response was an error.
NSC AILA liason has also confirmed it.
Ombudsman responded saying that my PD is the older PD. Looks like the earlier response was an error.
NSC AILA liason has also confirmed it.
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jotv
10-16 11:14 PM
:(hi gcpadmavyuh ,
here is my question i got h1 that is starting from oct 1st and i got ead also .
i dont have ssn also . my i-94 got expired.
1) now i am on which status ?
2) how to come from h4 to ead in my situation ?
3) how to actually use ead or h1 ?
4) should i get salary( payroles every month ) on h1 from this oct 1st onwards ?
5) in my situation how uscis will recognise am i using ead /h1 /h4 ?
6) in my situation if i got ssn and driving license after showing ead card in that offices , but i didnt work until this year end then by the year end on which status i am h4 or ead or h1 ?
7) in my situation if once i used my ead is there any chance to come from ead to h1 in future if i need ?
please clarify this doubts . please other experts suggest me.
thank you in advance
here is my question i got h1 that is starting from oct 1st and i got ead also .
i dont have ssn also . my i-94 got expired.
1) now i am on which status ?
2) how to come from h4 to ead in my situation ?
3) how to actually use ead or h1 ?
4) should i get salary( payroles every month ) on h1 from this oct 1st onwards ?
5) in my situation how uscis will recognise am i using ead /h1 /h4 ?
6) in my situation if i got ssn and driving license after showing ead card in that offices , but i didnt work until this year end then by the year end on which status i am h4 or ead or h1 ?
7) in my situation if once i used my ead is there any chance to come from ead to h1 in future if i need ?
please clarify this doubts . please other experts suggest me.
thank you in advance
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looneytunezez
03-08 01:15 PM
Congrats............
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GCInThisLife
07-18 05:44 PM
thanks for posting.. may be junior members do not have permission to post attachments..:)
Yeah received it. Posting shortly. Could you please remove my id from ur follow up post. Just want to avoid future junk mails :)
Yeah received it. Posting shortly. Could you please remove my id from ur follow up post. Just want to avoid future junk mails :)
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@ndy
05-10 10:43 AM
A lot of lawyers do not charge money for every question you ask if you are their client. You can easily email them and ask questions or post on their intranet. It is part of their service that helps them get more business.
If your employer is their client, then of course the lawyer may not respond to you. Why should he?
My PD is August 2009 , and i seem to loose patience.....I can imagine how those people who have been in this queue from 4-5 years must be feeling........Lets hope for the best :)
If your employer is their client, then of course the lawyer may not respond to you. Why should he?
My PD is August 2009 , and i seem to loose patience.....I can imagine how those people who have been in this queue from 4-5 years must be feeling........Lets hope for the best :)
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kanshul
02-01 10:08 AM
Honestly you are not in very good shape. You can't use AC21 so can't port your GC.
If your old employer withdraws your 140 (which many small firms do) you won't get to retain your PD. Now some lawyers think you may retain your PD but it is debatable.
Also, if you file your GC through a respectable non H1B dependent firm and your case does not go for audit, you will get labor + 140 within a year. Else it may take 3+ years.
If your old employer withdraws your 140 (which many small firms do) you won't get to retain your PD. Now some lawyers think you may retain your PD but it is debatable.
Also, if you file your GC through a respectable non H1B dependent firm and your case does not go for audit, you will get labor + 140 within a year. Else it may take 3+ years.
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fadingblack
09-20 07:30 AM
Screw em if they don't like it. I know if I don't like the program, it goes right off my machine and probebly wont ever be tested again.
he, he... we speak the same languaje here. :P
Thanks for those opinions. I will try to mess a bit with painter to see if something comes up. I will let you know who won the fight, my patience or the bloddy million of buttons!!!
Thanks David! Oh, and thanks for the "bookseek" too. =)
he, he... we speak the same languaje here. :P
Thanks for those opinions. I will try to mess a bit with painter to see if something comes up. I will let you know who won the fight, my patience or the bloddy million of buttons!!!
Thanks David! Oh, and thanks for the "bookseek" too. =)
dhenuva123
02-22 03:47 PM
am still in the same situation....my case is still in " initial stage":confused: ......so friends, my sincere advice is go for premium.....don't go for normal processing .......p
saileshdude
04-16 11:23 AM
Hi RareRFe,
Can you post a scanned copy of your RFE here. You can take out all the personal info.
Can you post a scanned copy of your RFE here. You can take out all the personal info.
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