Tuesday, June 14, 2011

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  • svn
    05-10 05:02 PM
    So this is why all lawyers recommend to keep your h1 status valid, when you file your 485. Getting into EAD is a risk, which some bold take and survive, others like me who try to play safe....stay on H1 until the 485 is approved.

    That would have been my preference as well - unfortunately I did not have a choice since my company had a RIF and I am now looking for work! Any help on what the status is called (other than jobless!) would be appreciated

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  • jayZinDC
    05-30 03:07 PM
    Is it the receipt number, where did you check it??

    yes, put in u'r receipt # here, it usually takes 24 hrs for online status to show up

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    05-04 01:26 PM
    Hello experts,

    My situation:

    1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
    2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
    Now using ead for working with the present (second) employer as a permanent employee.
    3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
    In 2011, I used it,since my H1 was also expired.

    4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
    PD July 2006

    Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
    Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
    Using travel visa won't be helpful for longer stay.

    My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.

    Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
    Since I am working as a permanent employee, it will be easy to renew/maintain H1.

    Is it possible to convert ead to H1? What could be the consequences?

    Please advice.:confused:


    You can switch back to a H-1 and have an EAD in parallel. In fact it is a safer bet and gives you the flexibility to travel easily. I would not recommend you use the EAD unless you have to and stay on H as long as possible. But irrespective of whether you use your EAD or not, do not let it expire and dont forget to renew it. Just keep your options open.


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  • GCapplicant
    06-30 01:14 PM
    Thanks pappu...


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  • Almond
    07-17 07:43 PM
    yeah why bank statment? My attoreny did say anything about tax return either ? are you sureeeeeeeeeeeee?

    I used my tax returns to get approved for the I140. Maybe he filed both together.

    I've never heard about the bank forms though. Nooooooo:(

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  • uma001
    07-21 06:33 PM
    Hello Uma001, Kindly refrain from giving misleading information. It does put a thought on several people's mind that breaking the law is "chalta hai". Especially cases like these should be asked to be handled by qualified attorney.

    It is not a misleading information..I told what happened to the people I know. Recently In march , mid march my friend filed H1 to h4 transfer and it got approved in 17 days. She did not work from October 2007 till date. She did not get any queries. There is one more case like this,. But hat person got her h1-h4 in one year with no queries, SOmetimes people do get queries, I do not know how they manage it.
    So what is your advice to the OP. consult a lawyer. If she/he consult a lawyer, what will the lawyer say..Same thing, you are staying illegally here. Go back to India and apply fresh H4. Because I heard this from many lawyers. or they will simply file for H1 - H4 transfer.
    Even then My advice is also consult a lawyer and let us know what did the lawyer say.Please update us. There are thousands of H1s who didnot get pay and converted to h4. Have all these people got queries are sent back to India. I dont think so. I am not saying staying without pay on H1 is not breaking law. it is breaking law. But there must be a way ...when you convert to H4. I do not know what is that way? If all these payless H1 are breaking the law and USCIS finds them then thousands will be banned for 10 years from entering US rt. Can anybody tell me to how many people it happened till now?


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  • snathan
    05-04 01:45 PM
    Probably USCIS figured they would run into a guy like you at some point and very clearly defined the law. You cannot start a company and do your own H-1 out of it. :D:D:D:D Sorry, better luck next time:D:D:D:D:D

    When the employe and employer are two different entity...why can not?

    I will have a very good employer- employe relationship...:D

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  • gimme Green!!
    01-02 03:43 PM
    Thanks Sam

    Yes, as per the new guidelines time spent on H4 does not count towards H1.


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  • kanshul
    05-07 07:03 PM
    I agree..

    Having one document is (almost) as good as a conditional GC...

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  • gccovet
    06-17 04:07 PM
    What happens if I transfer my H1B from A to B (A has concurrently filed I140/485, >180 days, I 140 NOT approved). Can I have B do AC21 after I 140 from A gets approved (may take 4-5 more months) ? Do I HAVE to be with employer "A" till I 140 gets approved? (employer A does not intend to revoke I 140...and I understand there is a risk if ther is an RFE on I 140 during this period)


    If Company A does not withdraw -140 then you are in good shape. But if A withdraws, you have to start all over again.

    TO be on AC-21 (EAD) you just have to get new I-9 to 'B' and (your choice) send letter to USCIS.


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  • TeddyKoochu
    12-28 10:54 AM
    Do you still have the I 94 which came with I 797A ?? if have that just give that i 94


    Yes I believe that the I797 should have the latest I94 also try going to the nearest international airport or the one you are travelling from, the customs and immigration there may be able to help, they do issue replacement I94's. I have had this done once for my wife we had to get a correction done on the date as the IO's handwriting was not clear its a quick process. Make sure that you staple both I94's and surrender both of them. Even without the I94 you will be allowed to board the flight, the airline staff just detach it if there is one on your passport.

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  • americandesi
    09-09 03:55 PM
    The problem is that most H1 employee's don't know their rights.

    They think it's a norm to pay for H1 expenses from their own pocket and not getting paid on bench, which is a violation as per DOL rules.

    Hello! Wake Up! This is United States. A single complaint to DOL is enough to make most Desi employers fall to their knees and beg for mercy.


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  • purgan
    09-13 03:14 PM
    Oh God!

    Waiting for over 5 years for the damn green card and still no end in sight.
    No wonder there's a lot of pent up anger and frustration.:mad:

    Want to know how I feel like- I'm standing in a line for over five years through rain, storm hail and wind (i mean layoffs, company shutdowns, M&A, bad economy, etc), and still haven't come to the counter. The wait is endless....imagine how many Americans would tolerate a 5 year+ wait!!

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  • copsmart
    02-21 07:36 PM
    I feel sorry for your situation, and I know how difficult it is, because I am pretty much on the same boat (I mean, we have a newborn too, 4 weeks old). Except, I recently lost my job and got some severance pay for February. Plus, I took advantage of the law and collected some money from my employer for the return ticket. I ask them to pay cash rather than buying me the actual ticket. So, I do have some time to breath.

    I am actively looking for a job right now, and the only thing happening is the meetings with the recruiters every so often. If you call a recruiter, they will obviously want to see you in person before they submit your resume. Time goes by so fast, it�s been a month already, no client interviews yet.

    But, I do see some positions open for my skill set, it�s not so dry. So, I haven�t lost my hope yet.

    Anyway, I�ve decided not to look for a H1 sponsor anymore, because it is going to be a total waste of time in this tough economy. I�m only looking to use my EAD. I�m ready to relocate, if the job is in a different location. I�ve also decided to take a pay cut, if at all necessary.

    So, that�s my side of the story�

    BTW, if you have made up your mind to go back to your home country, why can�t you take advantage of the unemployment benefits? Some states like Massachusetts even pay your COBRA premiums when you apply for unemployment. Because, that will give you some more time to survive.

    I hope you will find a job pretty soon. Good luck and take care of the newborn.

    God bless the Jobless!!!

    >>Looks like you are on EAD. Are you still finding it difficult to find a job?
    If I am on H1, I could have already packed my bags.

    Here is the temporary crisis for me.
    With out a job, cash is running out. Needs to pay attention to my newborn. getting interviews are tough. hopefully something comes in another 1,2 moths.


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  • pnjbindia
    04-07 06:48 PM
    what is he is the primary applicant and he is in ROW coz of his wife..how does that change things?

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  • arc
    10-08 02:03 PM
    did anyone get FP notice?


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  • eb3retro
    03-04 05:15 PM
    Is there anything i can do on H4 visa??

    Yes, you can do your household work or volunteer in some local libraries or hospitals.

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  • mariner5555
    04-03 04:09 PM

    My husband and my EAD and AP renewal time is approaching. We were thinking to do it ourselves but we don't know how to do it.

    Could you please guide us in self filing?

    a) Is there E- renewals? What about photographs for such renewals?

    b) What documents are required for renewing?

    c) Where can we find information regarding EAD and AP renewals?

    Please help us. Thank you very much.

    o.k ..here is the link
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
    let me ask something related ..guys please reply.
    which is better - using efile or by sending the application by mail ?
    if sending it by mail - do you have to go for fingerprinting ??
    I guess - if we efile, then we have to go for FP ..gurus ..please reply Thanks in advance !!

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  • coopheal
    12-28 07:34 AM
    Currently EB3 is on May 01
    What are the chances of EB3 also getting stuck around Jan 03.
    Does any one know reason why so many EB2 were filed before Jan 03. Was there Apr 01 type of deadline??

    03-05 01:45 PM
    our friends at numbers usa have this on their homepage

    New Senate GOP Immigration Package in the Offing
    (March 5) At 11:30 a.m. this morning, a group of Republican senators will hold a press conference to showcase a package of 10-15 bills designed to make critical improvements to America’s immigration system.

    Each bill in the package is expected to represent a specific step toward securing America’s borders; increasing enforcement at the workplace; or restoring law and order to our nation’s broken immigration system. The package is also expected to illustrate achievable, "bite-sized" steps that Congress – working in a bipartisan manner – should be able to accomplish between now and November.

    Many of the ideas contained in the forthcoming bills have already passed the Senate or been voted on before, but have yet to become law.

    The coalition, led by Sen. Jeff Sessions (R-Ala.), will call for full Senate consideration on each of the 10-15 bills as amendments to any legislative vehicle deemed appropriate by Senate Republicans this year


    01-26 02:33 PM
    Sounds like a far shot.. but if government can start distributing money.. why in the name of all that is Holy can they not do this:
    "All pending immigration adjustment applications get expedited with an appendage clause that the beneficiaries need to express commitment to staying in US by buying a residence."
    How will that not help the ailing real estate market? I know this idea has been shot down gazillion times ... but we need to really stop looking through the cloudy kaliedoscope to atleast give this idea the merit it deserves.

    After all these is something called as 'GC by investment'. Why not something in between?

    The good part is that then anybody opposing this would then be indirectly opposing the future and much needed growth in US.


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