uma001
11-16 04:51 PM
so, 9 days means urgent....
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raysaikat
07-25 10:34 AM
Hi,
I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.
Now the questions:
1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?
Each individual will have his/her I-485, and EAD is a derived benefit of I-485. Your wife can file for I-485 while on OPT and get EAD. However, technically her F-1 status, hence the OPT, terminates after applying for I-485 (since she expresses intent to immigrate).
2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?
Conservative view is that as soon as her I-485 is officially submitted (i.e., received by USCIS), she has expressed intent to immigrate, which invalidates her F-1 (note that OPT is not a status, she is still in F1).
3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?
That may be a better route. Once her H-4 is approved (with new I-94 form), her OPT will terminate and she will not be able to work.
4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?
She cannot work while she is in H-4. There is no such thing as "2-month gap"!
4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.
Thanks,
A. Singh
No idea. The application fee is probably a few 100 dollars. Not sure how much your lawyer would charge for preparing the application.
I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.
Now the questions:
1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?
Each individual will have his/her I-485, and EAD is a derived benefit of I-485. Your wife can file for I-485 while on OPT and get EAD. However, technically her F-1 status, hence the OPT, terminates after applying for I-485 (since she expresses intent to immigrate).
2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?
Conservative view is that as soon as her I-485 is officially submitted (i.e., received by USCIS), she has expressed intent to immigrate, which invalidates her F-1 (note that OPT is not a status, she is still in F1).
3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?
That may be a better route. Once her H-4 is approved (with new I-94 form), her OPT will terminate and she will not be able to work.
4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?
She cannot work while she is in H-4. There is no such thing as "2-month gap"!
4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.
Thanks,
A. Singh
No idea. The application fee is probably a few 100 dollars. Not sure how much your lawyer would charge for preparing the application.
gc28262
12-17 08:22 AM
Even in today's condition, you are legally clear. Why didn't company cancel the H1 ? That is company's problem. You don't have to worry about it.
IMO most likely you can get in to the country without an issue. It is worth giving a try.
Also see this uscis link
Q : Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
IMO most likely you can get in to the country without an issue. It is worth giving a try.
Also see this uscis link
Q : Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
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Sachin_Stock
02-03 08:51 AM
Your company would be better off by submitting audited financial to avoid any possible RFP on ability to pay! Also ability to pay not only depends on current standing, if your employer is filing more EB2 for future jobs then he/she may have to prove the business necessity as well.
Good luck.;)
Just curious. Who's the author/source of that article that you provided the link for? :)
Good luck.;)
Just curious. Who's the author/source of that article that you provided the link for? :)
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nefrateedi
07-27 10:21 AM
Since I did not know how to write my name in my native alphabet, I askd my wife to write it for me. Is this an issue? Is there any requirement that one must write the name in native alphabet in one's own handwriting?
You'll be fine.
You'll be fine.
prem_goel
08-29 01:05 PM
Thanks Guys! I knew IV won't disappoint me!
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gc_coming
04-09 04:34 PM
Hi Gurus,
I have got a new job and the company is asking me to work on EAD. Could anyone please tell me how to use AC21. do i need to fill any forms and is there any approval process involved ?
I have got a new job and the company is asking me to work on EAD. Could anyone please tell me how to use AC21. do i need to fill any forms and is there any approval process involved ?
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dreamworld
05-05 12:24 PM
Hi
I was under the impression that there would be some talks about the discussed bills on floor this week.I see no signs of any debate or any discussion.I have some read some posts saying that nothing would happen this year. This really confuses me as I had & I think many of us had hopes that coming weeks would decide something.
I would appreciate if someone could give everyone very clear picture of what going on ?
Thanks
GCcomesoon
If you think out-off-box.... guess what? If US-govt wants to give employment-based-green card based on priority date. Then there won�t be any new immigration law in place without clearing Backlog center cases/queue and I140.
So what... As per the labor department web site, the DOL needs another 17/18 months to clear all pending labors.
I guess any new bill to become law will take another 19 to 24 months. Keep your spirit going to support the best immigration-bill.
My 2 cents.
I was under the impression that there would be some talks about the discussed bills on floor this week.I see no signs of any debate or any discussion.I have some read some posts saying that nothing would happen this year. This really confuses me as I had & I think many of us had hopes that coming weeks would decide something.
I would appreciate if someone could give everyone very clear picture of what going on ?
Thanks
GCcomesoon
If you think out-off-box.... guess what? If US-govt wants to give employment-based-green card based on priority date. Then there won�t be any new immigration law in place without clearing Backlog center cases/queue and I140.
So what... As per the labor department web site, the DOL needs another 17/18 months to clear all pending labors.
I guess any new bill to become law will take another 19 to 24 months. Keep your spirit going to support the best immigration-bill.
My 2 cents.
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AUNTYMARGARET
04-16 04:13 PM
1. Sell all my stuff.
2. Transfer all my liquid money to home country.
2. Rent a one way van in New York.
3. Drive cross country with family and have fun. Meet all my friends on the way.
4. Return the van in San Francisco, take one way ticket to India.
5. Start a fresh life in India, free of immigration woes.
6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).
If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]
I LIKE YOU... this is what I call going out with your head held up high!! Go Guru!!
2. Transfer all my liquid money to home country.
2. Rent a one way van in New York.
3. Drive cross country with family and have fun. Meet all my friends on the way.
4. Return the van in San Francisco, take one way ticket to India.
5. Start a fresh life in India, free of immigration woes.
6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).
If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]
I LIKE YOU... this is what I call going out with your head held up high!! Go Guru!!
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abdulazeez77
08-11 11:23 AM
Thank you so much. Really appreciate the help.
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java06
03-09 11:23 AM
Is there a way to find out if the employer has revoked I-140? I have changed employers in Feb and my I1-40 was approved back in June. There was an update on my I-140 recently in Mar. I was wondering what could that be for?
Can anyone throw some light on this. Thanks
Can anyone throw some light on this. Thanks
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eb3India
07-05 12:35 PM
I agree with you 100% but be sure nothing is going to change three months will in a blink of time and dates will be current or will advance for good number of years. so IV memeberw will get busy filing again and forget IV, look at fund driving effort and see how low it has been
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starving_dog
10-17 06:31 AM
It took me 6 days to get my approval and about another week to get the card in the mail. This happened in September of this year and I was registered in the Texas Service Center.
That is assuming that you have gone through your biometrics appointment.
That is assuming that you have gone through your biometrics appointment.
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pthoko
08-10 11:10 PM
Thank you, your response is clear.
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cleopatra
02-07 10:03 AM
My company applied for PERM as a project manager for me. It got classified as Computer information systems manager and got a very high PW.
My company knows the job I am doing is not CIS manager's job. So they appealed it, but the appeal was denied and DOL insists that it is CISM and the pay should be this high.
I have not come across a single PM making this pay (though I wouldn't object to it if I can get it :) ). This is totally absurd.
How do we prove that PM != CIS Manager and get Project manager certified under EB2 with proper wages?
Any help is greatly appreciated.
My company knows the job I am doing is not CIS manager's job. So they appealed it, but the appeal was denied and DOL insists that it is CISM and the pay should be this high.
I have not come across a single PM making this pay (though I wouldn't object to it if I can get it :) ). This is totally absurd.
How do we prove that PM != CIS Manager and get Project manager certified under EB2 with proper wages?
Any help is greatly appreciated.
dresses more.
pappusheth
05-08 01:33 AM
i filed for EAD in early April this year. I could check the case status online and see it as "case received and pending". On the last day of April I received my EAD in mail but the status still showed the same.. There was neither soft nor hard LUD. Rather I checked it again today on May 7th and the status is still the same, no soft or hard lud..!
i think there's some disconnect.
i think there's some disconnect.
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waitingimmigrant
10-22 05:19 PM
Thanks for the encouraging words Admin. We must unite in this journey together.
God bless everyone !
God bless everyone !
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Eternal_Hope
04-22 03:55 PM
This should also act as an eyeopener for those people on H-1B who are just about now starting their GC process. Such people can forget getting a GC for the next 12-15 years.
If you are young (in late 20s), you should reevaluate this whole idea of coming here on EB GC. It maynot be worth the wait and the suffering.
----------------------------------
I think I will change my ID to "(Non)Eternal_Hope"
If you are young (in late 20s), you should reevaluate this whole idea of coming here on EB GC. It maynot be worth the wait and the suffering.
----------------------------------
I think I will change my ID to "(Non)Eternal_Hope"
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MightyIndian
11-05 11:08 AM
He is the ex-chief minister of Andhra pradesh, a state in India of which Hyderabad is the Capital. As for CBN's agenda, he is too concerned about his chances of getting re-elected to worry about other things. My take.
Aligning with Communists, he may not the same reformist as he was before. It was those reforms that brought the change. Initially everwhere reforms face stiff resistance and and as time goes by people bear the fruits. But people of Ap could not wait and threw him out of power.
Now we see his reforms being applauded everwhere.
MI
Aligning with Communists, he may not the same reformist as he was before. It was those reforms that brought the change. Initially everwhere reforms face stiff resistance and and as time goes by people bear the fruits. But people of Ap could not wait and threw him out of power.
Now we see his reforms being applauded everwhere.
MI
div_bell_2003
09-18 02:24 PM
Any response to that ? My wife's EAD is expiring on Oct 22nd , I have e-filed for her EAD renewal , got the receipt and the FP notice promptly, but after Sep 03 FP, no status update and I have seen people applying after me ( paper filed ) getting CPO emails :( , so can she work on the receipt or not ? any pointers ?
Just to add, her EAD renewal is pending at NSC but the FP notice came from MSC, hope NSC can access the biometrics from MSC ( heard some cases where once center could not access the other center's biometrics )
Just to add, her EAD renewal is pending at NSC but the FP notice came from MSC, hope NSC can access the biometrics from MSC ( heard some cases where once center could not access the other center's biometrics )
nousername
04-29 08:33 PM
Summer travel season is around the corner, and unfortunately, because of the swine flu scare, each and every person entering India from USA (and some other countries) will have to go through a medical screening (http://timesofindia.indiatimes.com/India/American--European-visitors-to-be-screened-for-swine-flu/articleshow/4457075.cms) at the airports beginning yesterday. Some chaos is expected, particularly in busy terminals such as Delhi and Mumbai, given that "Airport authorities said they are still in the dark and are yet to gear up for these checks". So, it may be a good idea if those of you, who have just returned from India, share your experiences with this procedure; for example, the likelihood of facing stricter screening (or even a brief quarantine) if someone sneezes/coughs for any reason, or the "fitness certificate" forms that airlines are supposed to hand over to each passenger, etc.
I personally think this is nothing but a pay back time.. Remember when Bird Flu or SARS breakout happened, how US and other countries reacted and were screening people (travelers) from East.. In a way this "might" help in containing the virus but deep down this is just stupid ego.
You did to me so I will do the same to you..
I personally think this is nothing but a pay back time.. Remember when Bird Flu or SARS breakout happened, how US and other countries reacted and were screening people (travelers) from East.. In a way this "might" help in containing the virus but deep down this is just stupid ego.
You did to me so I will do the same to you..
