aj1234567
08-24 02:11 PM
Thanks for your reply "WeShallOvercome", The question which you answered is on top of my head from so many days, I asked some many people and they are not sure, Thanks your help
One more question is right now my wife is on H4, My I140 and 485 are in pending, if my wife got EAD she can use it right?
2) If my I140 denied and her EAD become Void, Is she permitted to stay in USA or She needs to go out of country and enter with h4 status?
Thanks
Ajay
Yes, You can use EAD and start working on it before I-140 approval BUT you can not change employer using AC21 without an approved I-140 even if your I-485 is pending for more than 180 days.
Let me clarify some doubts people have on this thread...
It's your choice whether to use EAD or H1 to work,
You can change employer on EAD as well as H1(EAD is just easier, no application fee involved), provided your 485 is pending for 180 days and 140 is approved.
EAD does not give you the freedom to change employer if the other 2 conditions are not met(140 approval and 485 pending for 180 days). Once these 2 conditions are met, you can change even on H1....
One more question is right now my wife is on H4, My I140 and 485 are in pending, if my wife got EAD she can use it right?
2) If my I140 denied and her EAD become Void, Is she permitted to stay in USA or She needs to go out of country and enter with h4 status?
Thanks
Ajay
Yes, You can use EAD and start working on it before I-140 approval BUT you can not change employer using AC21 without an approved I-140 even if your I-485 is pending for more than 180 days.
Let me clarify some doubts people have on this thread...
It's your choice whether to use EAD or H1 to work,
You can change employer on EAD as well as H1(EAD is just easier, no application fee involved), provided your 485 is pending for 180 days and 140 is approved.
EAD does not give you the freedom to change employer if the other 2 conditions are not met(140 approval and 485 pending for 180 days). Once these 2 conditions are met, you can change even on H1....
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miapplicant
11-13 01:43 PM
^^^^^bump^^^^
WillIBLucky
11-22 08:24 AM
One of our members has written this as below, it looks good.
PLEASE READ AND CHANGE AS REQUIRED.
Hi,
The plight of legal immigants has been lost in all the noise and focus on illegal immigration. There are about 500K legal high-skilled immigrants from around the world who are presently working in the US legally on a temporary work visa issued by the US Citizenship and Immigration Services and in the queue for a permanent resident card also known as Green Card (GC).
There are only 140K GCs given per year for all employment based categories and the employer who sponsors the immigrant has to prove that the job cannot be filled by an American Citizen through a lbour market test. The 140K number is also used to count the spouse and children of the high skilled immigrant. So in essence there are only about 60K high skilled immigrants given a GC each year. Also there is a per country limit of 7%, so only about 5000 GCs are given to high-skilled geal immigrants from each country. This has lead to a huge backlog in GCs especially from countries which send may high-skilled immigrants like China and India. To make matters worse the Congress authorized about 250K illegal aliens a one time waiver to adjust status in the year 2000 and those numbers come out of the regular 140K per year granted to legal high-skilled immigrants.
All this has resulted in a expected wait of "8-12 years" for getting a GC for a "Play-By The Rules" legal high-skilled immigrant. Add another % years after that to get US Citizenship. Seeing these kind of numbers many talented young engineers , scientists and doctors are moving to other countries in droves. No one would like a wait for 15 years to become a naturalized citizen. America is losing a lot due to this Retrogression (Backlog) in GCs, especially when there is a global competition for Talent. The only ones who have patience to stick on is those who have already been in the waiting game for
years and have a lot at stake to leave it at this stage. And for those that chose to wait in this manner life is hell. For 7-10 years they cannot change jobs, cannot get promoted or even change job roles within the same company, cannot get transferred to a different location in same company. Any of these events will mean starting in line all over again. Also their spouses cannot work and they cannot buy homes or make other investment decisions due to the uncertainity, many who have kids in college have to pay higher tution.
I am one of these stuck in this GC hell for the last 9 years, I came to the United States as a student in 1995 to pursue graduate studies in Engineering in a top-ranked university. I have been employed legally in the US since I graduated in 1997 and been pursuing the GC dream for the last 9 years. The end is not in sight and if Congress does not pass any relief I expect the wait to last at least another 5 years.
What does it take for congress to pass some relief? Just some simple relief measures
1. Increase the numbers of GCs to 250K per year temporarily for 2-3 years to alleviate the current problem.
2. Allow to recover unused GC numbers from previous 5 years to be used to alleviate the current retrogression.
3. Do not count spouse and dependents towards the annual number
4. Do not count against the annual cap count certain high-skilled immigrants who have a advanced degree from the US and have worked in a high-skilled job legally in the United states for 3 years .
PLEASE READ AND CHANGE AS REQUIRED.
Hi,
The plight of legal immigants has been lost in all the noise and focus on illegal immigration. There are about 500K legal high-skilled immigrants from around the world who are presently working in the US legally on a temporary work visa issued by the US Citizenship and Immigration Services and in the queue for a permanent resident card also known as Green Card (GC).
There are only 140K GCs given per year for all employment based categories and the employer who sponsors the immigrant has to prove that the job cannot be filled by an American Citizen through a lbour market test. The 140K number is also used to count the spouse and children of the high skilled immigrant. So in essence there are only about 60K high skilled immigrants given a GC each year. Also there is a per country limit of 7%, so only about 5000 GCs are given to high-skilled geal immigrants from each country. This has lead to a huge backlog in GCs especially from countries which send may high-skilled immigrants like China and India. To make matters worse the Congress authorized about 250K illegal aliens a one time waiver to adjust status in the year 2000 and those numbers come out of the regular 140K per year granted to legal high-skilled immigrants.
All this has resulted in a expected wait of "8-12 years" for getting a GC for a "Play-By The Rules" legal high-skilled immigrant. Add another % years after that to get US Citizenship. Seeing these kind of numbers many talented young engineers , scientists and doctors are moving to other countries in droves. No one would like a wait for 15 years to become a naturalized citizen. America is losing a lot due to this Retrogression (Backlog) in GCs, especially when there is a global competition for Talent. The only ones who have patience to stick on is those who have already been in the waiting game for
years and have a lot at stake to leave it at this stage. And for those that chose to wait in this manner life is hell. For 7-10 years they cannot change jobs, cannot get promoted or even change job roles within the same company, cannot get transferred to a different location in same company. Any of these events will mean starting in line all over again. Also their spouses cannot work and they cannot buy homes or make other investment decisions due to the uncertainity, many who have kids in college have to pay higher tution.
I am one of these stuck in this GC hell for the last 9 years, I came to the United States as a student in 1995 to pursue graduate studies in Engineering in a top-ranked university. I have been employed legally in the US since I graduated in 1997 and been pursuing the GC dream for the last 9 years. The end is not in sight and if Congress does not pass any relief I expect the wait to last at least another 5 years.
What does it take for congress to pass some relief? Just some simple relief measures
1. Increase the numbers of GCs to 250K per year temporarily for 2-3 years to alleviate the current problem.
2. Allow to recover unused GC numbers from previous 5 years to be used to alleviate the current retrogression.
3. Do not count spouse and dependents towards the annual number
4. Do not count against the annual cap count certain high-skilled immigrants who have a advanced degree from the US and have worked in a high-skilled job legally in the United states for 3 years .
2011 Dubai from Inside the World#39;s
ashres11
07-30 03:54 PM
My priority date is EB3 (August 2005). Last week her status changed to following. The thing is I checked with my lawyer & my employer and both said that they never received any RFE or never responded anything for my wife to USCIS.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Response to request for evidence received, and case processing has resumed.
On July 24, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Response to request for evidence received, and case processing has resumed.
On July 24, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
more...
nandakumar
04-04 03:05 PM
I really appriciate the work of the core members.
i actively particiapted in the tech workers yahoo group, irrespective of hard work by many it failed to make a huge impact, probably because of lack of clear leadership & focus but in the case of IV, the core team's active role and leadership makes our voice being heard in the media and in the US congress.
Thanks a lot.
i actively particiapted in the tech workers yahoo group, irrespective of hard work by many it failed to make a huge impact, probably because of lack of clear leadership & focus but in the case of IV, the core team's active role and leadership makes our voice being heard in the media and in the US congress.
Thanks a lot.
matrixneo
05-27 06:06 PM
So....What's the point? The employees at USCIS are humans too. Give them a break will ya? They are doing the best they can to accomodate everyone in here.
Good joke :)
Good joke :)
more...
janey6152
June 8th, 2004, 06:41 PM
Thanks all
I think i'll get the Nikon D70
I think i'll get the Nikon D70
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pointlesswait
03-16 01:31 PM
i ave been advocating that each section must be moderated... and ppl with incomplete info must not have access to
a.) secure sectiono of the forum.
b.) volunteer moderators must have limited access..like deleting/disabling profiles or posts..
i see too many bots and worms on this posts...
act now..else RIP for ever..;)
IMO, there could be unfortunate situations for anybody which may seem to be like one will go out-of-status. Best option is go to a good attorney. It is not cheap option but certainly it is best way to get things answered professionally within a specific time period. It will also prevent your case to be wide open on forums for any agency or anti-s to target you. You will also be protected by attorney client confidentiality agreements.
I saw some questions like "I am not working on H1B though I have visa. Or things like "I am not paid on bench. Is that alright". Does it need anybody to confirm that you could be out of status? Quite naive to ask that on forum.
Best option, do not violate any law intentionally. When we take so much care by not even jay-walking, we should be super careful about the immigration laws and statuses.
a.) secure sectiono of the forum.
b.) volunteer moderators must have limited access..like deleting/disabling profiles or posts..
i see too many bots and worms on this posts...
act now..else RIP for ever..;)
IMO, there could be unfortunate situations for anybody which may seem to be like one will go out-of-status. Best option is go to a good attorney. It is not cheap option but certainly it is best way to get things answered professionally within a specific time period. It will also prevent your case to be wide open on forums for any agency or anti-s to target you. You will also be protected by attorney client confidentiality agreements.
I saw some questions like "I am not working on H1B though I have visa. Or things like "I am not paid on bench. Is that alright". Does it need anybody to confirm that you could be out of status? Quite naive to ask that on forum.
Best option, do not violate any law intentionally. When we take so much care by not even jay-walking, we should be super careful about the immigration laws and statuses.
more...
pmb76
07-15 02:21 PM
These people are worse than any bad people. They dont deserve flowers.
chandu, I agree with you. They definitely don't deserve flowers. They deserve a pile of **** - you know what. Although I did send flowers as per IV's directive I am not Gandhian. I think Gandhian philosophy only works in movies and books. Although this is very controversial and I might invite the wrath of many on this board - but hey I am entitled to my opinion :D - Peace
chandu, I agree with you. They definitely don't deserve flowers. They deserve a pile of **** - you know what. Although I did send flowers as per IV's directive I am not Gandhian. I think Gandhian philosophy only works in movies and books. Although this is very controversial and I might invite the wrath of many on this board - but hey I am entitled to my opinion :D - Peace
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augustus
07-13 01:35 PM
Good news could only be this. Accept I-485 and issue EADs. Country limit cannot be removed that quickly. I think a legislation needs to be passed to be in effect. What say??
more...
RNGC
02-24 01:36 PM
Friends,
I just joined this portal and I am very impressed...., wish I had joined earlier....
If we can quickly put together some PPT presentations and our problems in immigration, we should rush it to President and PMO office in India and make a request to hand it over to Mr.Bush when he is visiting India....., It may be too late but we can give a shot.
What you think ?
I just joined this portal and I am very impressed...., wish I had joined earlier....
If we can quickly put together some PPT presentations and our problems in immigration, we should rush it to President and PMO office in India and make a request to hand it over to Mr.Bush when he is visiting India....., It may be too late but we can give a shot.
What you think ?
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milind70
10-17 02:41 PM
I got an RFE for I-131 for both myself and my wife. They have asked for absolutely everything (I-485 receipt, I-140 approval, I-94s, I-797s, marriage certificate, Passport copies etc). As my lawyer said "they have thrown the kitchen sink at you".
I dont even know why - but the amount of documentation they have asked for seems absurd just to issue a travel document.
BTW - my EAD from the sample application was approved!
______________________
EB3 India (PD: 05/01/2004)
I-485 Receipt date: 07/23/2007
EAD approved: 09/04/2007
FP notices: ????
I-131 - RFE
GC: god knows when
Which Service Center has asked for these docs???
NSC or TSC ????
I dont even know why - but the amount of documentation they have asked for seems absurd just to issue a travel document.
BTW - my EAD from the sample application was approved!
______________________
EB3 India (PD: 05/01/2004)
I-485 Receipt date: 07/23/2007
EAD approved: 09/04/2007
FP notices: ????
I-131 - RFE
GC: god knows when
Which Service Center has asked for these docs???
NSC or TSC ????
more...
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HV000
02-28 09:47 PM
Do you have your I-140 approved and if yes, have you passed 180 days since you filed your I-485? If answer to both the response is yes, then nothing to worry about as you can simply work on EAD.
If you are still considering transfering H1-B, start looking for a company immediately. Small India companies who do H1 transfer can be little helpful in your scenario but watch out for crooks.
Yes. my I-140 is Approved and 180 days has passed. How much time will i have to transfer H1B without loosing H1B status? Thanks for your response.
If you are still considering transfering H1-B, start looking for a company immediately. Small India companies who do H1 transfer can be little helpful in your scenario but watch out for crooks.
Yes. my I-140 is Approved and 180 days has passed. How much time will i have to transfer H1B without loosing H1B status? Thanks for your response.
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kaisersose
04-18 11:56 AM
my new 140 is file in april and is approved. got my EAD and AP. But no FP.
I also dont expect to get the GC so fast. its more of a red flag and concern what they are trying to look for.
No Red Flag as the letter clearly says it is a standard interview.
It will be a formality where you show your status was always legal and you have a valid job offer in line with your Labor. That will be it.
I also dont expect to get the GC so fast. its more of a red flag and concern what they are trying to look for.
No Red Flag as the letter clearly says it is a standard interview.
It will be a formality where you show your status was always legal and you have a valid job offer in line with your Labor. That will be it.
more...
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GCwaitforever
10-19 07:16 AM
If you get H1 transfer with sponsorship for GC, you can port your old PD to the new I-140 petition. Better to apply for 3-year extension now itself, if you think there will be layoffs. This gives you sufficient time to apply for perm LC/I-140.
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breddy2000
03-26 12:12 PM
Guys:
It appears we did not get to have a leader for this chapter. Since I am in lansing Michigan, the heart of where all the lawmakers are in MI. I will be happy to coordinate any IV activity.
I have just sent some of you an email to contact me, so that we can plan to meet the lawmakers next week. Please send me your name, email add and phone number. Please send a PM or email.
Thanks
Thanks for taking this initiative.
Sent you PM with my details.
Thanks
It appears we did not get to have a leader for this chapter. Since I am in lansing Michigan, the heart of where all the lawmakers are in MI. I will be happy to coordinate any IV activity.
I have just sent some of you an email to contact me, so that we can plan to meet the lawmakers next week. Please send me your name, email add and phone number. Please send a PM or email.
Thanks
Thanks for taking this initiative.
Sent you PM with my details.
Thanks
more...
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vkannan
08-13 05:24 PM
Count me in. Even though I am in a EB2-India category, I will ensure to render my full support.
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glus
01-25 08:04 AM
As far as I know, starting a PERM application in itself does not amount to an intent to immigrate - it is simply a labor market test for a future position.Remember, the employer can port the LC to a different employee at a later date. I-140, however is an application to immigrate permanently to the US; hence a violation of the F1 visa. You may have a difficult time getting your I-485 approved or have to go in for consular processing. It is best you consult a lawyer on this one; don't count on random opinions on the forum for such a serious issue.
You are correct!
You are correct!
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dpp
07-13 01:54 PM
May be they can accept I-485s for July to honor original July bulletin. They can do this without changing any law as they can say they are accepting as per DOS bulletin for ones who already filed or going to file as per original bulletin.
abhijitp
08-20 01:43 PM
Nice of you abhijitp, I amd northwest part of country won't be able to make it , But I am telling my friends in Tri-State and VA to attend that
Not to single you out, but why aren't people from the West willing to attend the rally?
1. Too much workload (cannot afford to take even 1 day off)
2. Cannot afford flying into DC, accomodation, etc.
3. I didn't attend the SJ rally, what will they say if I attend the DC rally;)
4. DC Rally is a waste of time, I do not support it
5. I don't have to have a green card, I can live without it, for the next 10 years!
6. I am happy to eat the fruit of someone else's hardwork, I don't want to put in any hardwork myself
Answers:
1. Oh come on, how do you then keep browsing IV for so many hours?
2. We may be able to help you... go here:
http://immigrationvoice.org/forum/showthread.php?t=12441
3. Don't worry, as soon as you attend the DC rally, you will have washed all your sins in the past:)
4. Thank you... but why are you even reading this?
5. Great... maybe you should ask your spouse and children too... how long do you want them to go through all that they go through... because of your temporary status
6. I envy you... for I cannot even imagine thinking like you! But please at least thank IV when you receive the fruit of its hardwork!
Not to single you out, but why aren't people from the West willing to attend the rally?
1. Too much workload (cannot afford to take even 1 day off)
2. Cannot afford flying into DC, accomodation, etc.
3. I didn't attend the SJ rally, what will they say if I attend the DC rally;)
4. DC Rally is a waste of time, I do not support it
5. I don't have to have a green card, I can live without it, for the next 10 years!
6. I am happy to eat the fruit of someone else's hardwork, I don't want to put in any hardwork myself
Answers:
1. Oh come on, how do you then keep browsing IV for so many hours?
2. We may be able to help you... go here:
http://immigrationvoice.org/forum/showthread.php?t=12441
3. Don't worry, as soon as you attend the DC rally, you will have washed all your sins in the past:)
4. Thank you... but why are you even reading this?
5. Great... maybe you should ask your spouse and children too... how long do you want them to go through all that they go through... because of your temporary status
6. I envy you... for I cannot even imagine thinking like you! But please at least thank IV when you receive the fruit of its hardwork!
qplearn
10-09 04:57 PM
yes!!
with AC21, you do not have to do the whole thing again......... that I am sure of!!
Does the job title have to be same? What if there is a promotion involved, i.e., the new job title is at a higher level? Will USCIS accept that?
with AC21, you do not have to do the whole thing again......... that I am sure of!!
Does the job title have to be same? What if there is a promotion involved, i.e., the new job title is at a higher level? Will USCIS accept that?
