clarify21
11-25 03:29 PM
Hello everyone,
I have an H1-B from my current employer and my green card is in process. I have received my EAD.
I would like to work parttime at a different place while working fulltime with my current employer. There are soooo... many forums which talk about not using EAD with H1-B since this will cause the H1-B void.
Is there a USCIS source where we can get a clarification of using EAD with H1B? Looking forward to your replies.
Thanks!
I have an H1-B from my current employer and my green card is in process. I have received my EAD.
I would like to work parttime at a different place while working fulltime with my current employer. There are soooo... many forums which talk about not using EAD with H1-B since this will cause the H1-B void.
Is there a USCIS source where we can get a clarification of using EAD with H1B? Looking forward to your replies.
Thanks!
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GCwaitforever
05-24 09:59 PM
It depends on job duties mentioned in the LCA. For example, you might be a solution architect and this comes with experience. Some roles could be guiding junior folks, interviewing people, reviewing work done by others, project management, vendor management etc ... Essentially you need to prove your 5-year experience is worth and that is what is needed to fill your current role. Prove that this can not filled by a plain BS graduate with no experience or even a guy/girl with MS degree and no experience. DOL might be thinking why not just a BS degree or BS + 5 years = MS degree.
I am not an expert in this. Please discuss with your attorney for better advice.
I am not an expert in this. Please discuss with your attorney for better advice.
pbuckeye
08-24 07:36 AM
Convert H1 into Premium. You need to get the results before Sept-20. So that you can apply for F2 visa.
Preferably yes, you should apply before the I-94 expires.
However, I am not sure if a new H1B or F2 application MUST be filed before the I-94 expiry date. If the I-94 is expired, it won't be an "extension of H1B status" or "change of status to F-2" but it will be a new visa. So, she can still get an approval, then go out of the country to get the new visa stamped.
P.S. I am not a lawyer.
Preferably yes, you should apply before the I-94 expires.
However, I am not sure if a new H1B or F2 application MUST be filed before the I-94 expiry date. If the I-94 is expired, it won't be an "extension of H1B status" or "change of status to F-2" but it will be a new visa. So, she can still get an approval, then go out of the country to get the new visa stamped.
P.S. I am not a lawyer.
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amindarshana
11-28 03:26 PM
Is there any NewJersey Based applicant who filed 140/485 after July 30th ..got transfered to TSC and got receipt?
My Cases is
I filed 140/485 on Aug 3rd at NSC. Did not received receipt yet.
I opened Service request on 11/6.. and today IO told me that my application must have been transfered to texas, as I am NJ applicant.
I worried , if my application is not lost somewhere.
If there is anybody in similar situation. Please respond.
Thanks
My Cases is
I filed 140/485 on Aug 3rd at NSC. Did not received receipt yet.
I opened Service request on 11/6.. and today IO told me that my application must have been transfered to texas, as I am NJ applicant.
I worried , if my application is not lost somewhere.
If there is anybody in similar situation. Please respond.
Thanks
more...
LONGGCQUE
02-03 08:34 AM
^^^ BUMP^^^
I have same situation. Gurus please reply.
I have same situation. Gurus please reply.
ajp5
08-05 04:50 PM
There is just one thing you can do......pray........however gods immigration dept is as slow as USCIS............IV community will attest to that:)
Ofcourse you dont need approved h1b to leave the country......only to come back..so if you will be there for a few weeks you can get PP done till then........make sure stamping etc is taken care of before you show up at POE.........
Ofcourse you dont need approved h1b to leave the country......only to come back..so if you will be there for a few weeks you can get PP done till then........make sure stamping etc is taken care of before you show up at POE.........
more...
sundarpn
04-07 10:45 PM
I am a resident working on H1b. Got married and wife joined me in July 2010.
1. First question in the ITIN form w-7 is: Reason you are submitting Form W-7. (there are couple of options)
Is the option in my case: "Spouse of U.S. citizen/resident alien"? (and it asks for the resident's i.e. my name and SSN.)
2. Item 6d. "Identification documents submitted" ?
Options are for passport, Divers License, USCIS documentation.
My wife has all the three. Her H4 visa is stamped and valid. What all should I submit?
Thx
1. First question in the ITIN form w-7 is: Reason you are submitting Form W-7. (there are couple of options)
Is the option in my case: "Spouse of U.S. citizen/resident alien"? (and it asks for the resident's i.e. my name and SSN.)
2. Item 6d. "Identification documents submitted" ?
Options are for passport, Divers License, USCIS documentation.
My wife has all the three. Her H4 visa is stamped and valid. What all should I submit?
Thx
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roseball
07-20 06:08 PM
First of all you would need a visa to visit UK.
I don't think Malaysian nationals residing legally in US and travelling to UK need a visitor visa...But I am not sure if UK visa law considers pending I-485 (AOS) a valid status....If you still maintain a valid H1 status but plan to re-enter on AP, you should be ok in my view...
I don't think Malaysian nationals residing legally in US and travelling to UK need a visitor visa...But I am not sure if UK visa law considers pending I-485 (AOS) a valid status....If you still maintain a valid H1 status but plan to re-enter on AP, you should be ok in my view...
more...
gc_chahiye
11-17 07:43 PM
I have received FP notices both for my wife and myself for both 485 & 765. Code 3 ,2 . The question is :I dont know how FP process works. My wife has very smooth and sweaty hands. When i applied for Canadian immigration during FBI FP process even after n no. of attempts we couldnt get good prints on FP Sheet using INK. Ofcourse through speaking with Canadian Consulate they gave her an exemption over this. Now many of my friends have informed me that FP process is Electronic is this true?
I think she has no problem with electronic FP as US consulate could take her FP's when initially she went for H4 in i ndia. please comment.
its electronic, so you should be ok. They are also very patient, and try a lot ways to get clean prints (using wipes etc) [atleast at the Oakland ASC]
I think she has no problem with electronic FP as US consulate could take her FP's when initially she went for H4 in i ndia. please comment.
its electronic, so you should be ok. They are also very patient, and try a lot ways to get clean prints (using wipes etc) [atleast at the Oakland ASC]
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pyrosleepy
07-24 03:11 PM
Hi ,
I was working for company A and got my labor and I-140 approved and then i changed to company B. My priority date is jan 2005. Is there any way that i can continue my green card process with company A. WOuld be of great help if somone can tell me if there is any way to do it.
Why did you quite your previous employer when they got your I-140 approved?
I was working for company A and got my labor and I-140 approved and then i changed to company B. My priority date is jan 2005. Is there any way that i can continue my green card process with company A. WOuld be of great help if somone can tell me if there is any way to do it.
Why did you quite your previous employer when they got your I-140 approved?
more...
ya3
04-17 02:18 AM
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GotGC??
01-03 12:09 PM
For those worried about not being able to live in the UK, I say "Don't worry, you are not missing a great deal".
I have lived & worked in UK for a couple of years many years back. Like most of my acquaintances at that time I didn't (want to) live there long. Most of my friends left for US, I returned to India. And then to US.
Life is US has its problems, the immigration backlog is one of them. But it is really a walk in the park compared to that in Britain. UK is one of the most racist society I have ever seen. There is racism in all countries (even in India, we call it Casteism) but no where as overt as in UK. In UK, the work culture isn't all that great, life is boring and the weather sucks. No wonder a recent investigation by BBC reported that 7 out of 10 Britons now prefer to live outside UK mainly because it's high cost of living, lack of livable space and for little more sunshine. And that number is growing every year. In % terms, that's the highest number and in absolute terms it is the 3rd highest expat population of any country, only India & China ranks higher. Britons now prefer the sunny & more livable places such as Spain (culture), Australia (language) and Florida (proximity).
When I left UK, it was with relief. Now when I visit UK on work or enroute to other countries, I feel sorry for the folks back there. I would any day prefer living in India - if not in US - than living in UK.
http://timesofindia.indiatimes.com/Good_or_bad_Britain_tears_itself_to_pieces_on_immi gration_issue/articleshow/1040632.cms
I have lived & worked in UK for a couple of years many years back. Like most of my acquaintances at that time I didn't (want to) live there long. Most of my friends left for US, I returned to India. And then to US.
Life is US has its problems, the immigration backlog is one of them. But it is really a walk in the park compared to that in Britain. UK is one of the most racist society I have ever seen. There is racism in all countries (even in India, we call it Casteism) but no where as overt as in UK. In UK, the work culture isn't all that great, life is boring and the weather sucks. No wonder a recent investigation by BBC reported that 7 out of 10 Britons now prefer to live outside UK mainly because it's high cost of living, lack of livable space and for little more sunshine. And that number is growing every year. In % terms, that's the highest number and in absolute terms it is the 3rd highest expat population of any country, only India & China ranks higher. Britons now prefer the sunny & more livable places such as Spain (culture), Australia (language) and Florida (proximity).
When I left UK, it was with relief. Now when I visit UK on work or enroute to other countries, I feel sorry for the folks back there. I would any day prefer living in India - if not in US - than living in UK.
http://timesofindia.indiatimes.com/Good_or_bad_Britain_tears_itself_to_pieces_on_immi gration_issue/articleshow/1040632.cms
more...
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maco
07-31 04:10 PM
Receipt Number: lin0720551216
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. 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. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA 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.
i saw this in one of the other forums
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. 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. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA 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.
i saw this in one of the other forums
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seahawks
03-02 09:17 AM
only if termination is initiated by the employer, not employee. If you resign, the company is not required to provide you the one way ticket to your home country.
more...
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avantika.nandamuri
04-08 09:23 PM
As soon I got the receipt number, I started working for Company B. Now I have paystubs for almost 8 months. With those pay stubs, can i transfer to company C? If Company C files for a H1 transfer, with which H1B receipt will he file for transfer-H1B approval copy of employer A or H1B receipt of employer B? My attorney feels that my H1 transfer petition with Company B has got stuck in a security/background check, since USCIS has not responded to 2 SR's placed by my attorney and added that PP will not help if my petition got stuck in security check.
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90210
03-28 04:35 PM
Hello All,
I have to fill up the form I-539 for the extension of H4. Because we already applied for I-485, can someone please clarify what we should mention against these questions?
Part 4:
3. Answer the following questions. If you answer "Yes" to any question, please describe the circumstances in detail and explain on a separate sheet(s) of paper.
a. Are you, or any other person included on the application, an applicant for an immigrant visa?
b. Has an immigrant petition ever been filed for you or for any other person included in this application?
c. Has a Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any other person included in this application?
I am thinking we should say "Yes" to all these questions. But what we say on a separate sheet of paper?
I have to fill up the form I-539 for the extension of H4. Because we already applied for I-485, can someone please clarify what we should mention against these questions?
Part 4:
3. Answer the following questions. If you answer "Yes" to any question, please describe the circumstances in detail and explain on a separate sheet(s) of paper.
a. Are you, or any other person included on the application, an applicant for an immigrant visa?
b. Has an immigrant petition ever been filed for you or for any other person included in this application?
c. Has a Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any other person included in this application?
I am thinking we should say "Yes" to all these questions. But what we say on a separate sheet of paper?
more...
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Green.Tech
03-20 02:54 PM
my 140 approved and 485 pending over 180 days. now plan to switch job from a big IT company to university (not study, but work in one of dept at Univ), title and job duty will be similar as before, but salary will be lower due to job industry and location changed. does this impact my 485 final approval? thanks
If our answers were helpful, can you please update your profile.
If our answers were helpful, can you please update your profile.
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siddar
03-29 09:46 AM
Hi,
I changed employer in 2010 so my wife got new H4 valid until 03/2013 ( I-94 valid until 03/2013). She traveled to India last year and while returning she did not show her new H4 approval to immigration office so got I-94 until 08/2011 (old H4 was stamped until 08/2011).
My question is does she need to file I-539 for I-94 extension? If yes, process is similar like any other(B1, B2) extension? I appreciate any kind of help.
Thanks,
Venkat.
You might want to try CBP deferred inspection. For further details, go through the link below:
U.S. Customs and Border Protection - Contacts (http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/)
Talk to any CBP site at nearby International Airport, and tell them that "while entering I've submitted all the documents, but the I-94 was given based on the old petition".
If one site denies, then try another site. Otherwise, you need to submit the application to USCIS to extend the I-94.
I changed employer in 2010 so my wife got new H4 valid until 03/2013 ( I-94 valid until 03/2013). She traveled to India last year and while returning she did not show her new H4 approval to immigration office so got I-94 until 08/2011 (old H4 was stamped until 08/2011).
My question is does she need to file I-539 for I-94 extension? If yes, process is similar like any other(B1, B2) extension? I appreciate any kind of help.
Thanks,
Venkat.
You might want to try CBP deferred inspection. For further details, go through the link below:
U.S. Customs and Border Protection - Contacts (http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/)
Talk to any CBP site at nearby International Airport, and tell them that "while entering I've submitted all the documents, but the I-94 was given based on the old petition".
If one site denies, then try another site. Otherwise, you need to submit the application to USCIS to extend the I-94.
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Suva
07-18 04:05 PM
This discussion is already going on in another thread.
Here is the link http://immigrationvoice.org/forum/showthread.php?t=10428&page=2
Please search in the forums before opening a new thread.
Here is the link http://immigrationvoice.org/forum/showthread.php?t=10428&page=2
Please search in the forums before opening a new thread.
CADude
07-27 01:16 PM
You are OK per Q25 of USCIS FAQ. Hope this help.
Because, if my applications(I-140 & I-485) reached today(Friday) I am safe as I have included the old filing fees for I-140. If the receipt date is Monday(July 30th), then USCIS would expect me to pay the new fees for I-140. Hence my concern.
Because, if my applications(I-140 & I-485) reached today(Friday) I am safe as I have included the old filing fees for I-140. If the receipt date is Monday(July 30th), then USCIS would expect me to pay the new fees for I-140. Hence my concern.
davesmith
01-28 09:59 AM
hi,
Where can i find the Family Based Inventory Information? Same like employment Based ( below link).
employment based inventory statistics (http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20%28Left%20Nav%20Children%29/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf)
Thanks a lot
Where can i find the Family Based Inventory Information? Same like employment Based ( below link).
employment based inventory statistics (http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20%28Left%20Nav%20Children%29/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf)
Thanks a lot
