GCBy3000
02-06 05:09 PM
I have seen lots of thread talking about filing 485 and getting EAD and having the opportunity to jump jobs. I faced a unique situation where I realized being on H1 is lot better than having EAD and invoking AC21. Correct me if I am wrong.
H1B:
1. Spouse cannot work.
2. Do not worry about 485 rejection.
3. Jump companies and go up the ladder as you are in H1 and not in EAD and still port the PD. THIS IS VERY USEFUL. CORRECT ME IF I AM WRONG.
4. No expenses for the employee for H1 related issues ( legally).
5. Stamping required. But only once in three years if you get 3 year extn after 140 approval.
EAD / AC21:
1. Spouse can work.
2. Invoke AC21, but you have to switch to similar job. This is very frustrating if you are looking to go up the ladder.
3. If you dont have any time left in your first 6 years of H1, you will be in big trouble if your 485 gets rejected for unknown reasons.
4. No stamping, but advance parole required.
5. Spend yearly on parole, EAD.
Anything else to be added to the above list?
H1B:
1. Spouse cannot work.
2. Do not worry about 485 rejection.
3. Jump companies and go up the ladder as you are in H1 and not in EAD and still port the PD. THIS IS VERY USEFUL. CORRECT ME IF I AM WRONG.
4. No expenses for the employee for H1 related issues ( legally).
5. Stamping required. But only once in three years if you get 3 year extn after 140 approval.
EAD / AC21:
1. Spouse can work.
2. Invoke AC21, but you have to switch to similar job. This is very frustrating if you are looking to go up the ladder.
3. If you dont have any time left in your first 6 years of H1, you will be in big trouble if your 485 gets rejected for unknown reasons.
4. No stamping, but advance parole required.
5. Spend yearly on parole, EAD.
Anything else to be added to the above list?
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genscn
01-29 11:58 AM
Although website mention 15 days for the PIO card, how long does it actually takes to process and receive PIO card?
yabadaba
06-14 08:04 PM
lets say we dont apply for ead and ap now...will that affect filing ead and ap in the future if the priority dates retrogress?
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friend99
08-12 12:08 AM
Thanks a lot for the replies! I am going to wait and see and hope for the best as I know sending any contradicting document at this point will just make matters worse.
Thanks a lot!
Thanks a lot!
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prasadn
09-02 07:03 PM
I went to border and security deffered inspection site at Raliegh NC from this url
http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf.
The Immigration Officer said to me I 94 can be given only till visa date.He said that you can stay as long as you want in US as you have 797 valid after your H1 stamp date.He said everything is fine not to worry.What shall i do now? I am confused.Can some one point me to site or link on USCIS which states this law.Can some attorneys point this link.
Interpretation of such a situation varies by CBP location/officer that you talk to. If they issue you a new I-94 I'd say you are lucky. We had deal with a similar situation about 6 months ago. Our lawyer clearly said "last action" always overrides I-797 and that one cannot work beyond the I-94 date. We crossed into Mexico by walk and walked back in with a new I-94. That way no ambiguity and peace of mind.
Hope this helps.
http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf.
The Immigration Officer said to me I 94 can be given only till visa date.He said that you can stay as long as you want in US as you have 797 valid after your H1 stamp date.He said everything is fine not to worry.What shall i do now? I am confused.Can some one point me to site or link on USCIS which states this law.Can some attorneys point this link.
Interpretation of such a situation varies by CBP location/officer that you talk to. If they issue you a new I-94 I'd say you are lucky. We had deal with a similar situation about 6 months ago. Our lawyer clearly said "last action" always overrides I-797 and that one cannot work beyond the I-94 date. We crossed into Mexico by walk and walked back in with a new I-94. That way no ambiguity and peace of mind.
Hope this helps.
kumar1
12-27 12:02 PM
I would say, you will be unemployed during that search period.
what if i want to join a company(like Teksystems,GCI,etc,...) on an hourly basis on their W2.What will be my status when an assignment is over and i have to search for another project.
what if i want to join a company(like Teksystems,GCI,etc,...) on an hourly basis on their W2.What will be my status when an assignment is over and i have to search for another project.
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nashorn
12-18 02:25 PM
It could be anything but approval of your case, since you are not current. Any change they made on you case will result in a LUD. A guy here got a LUD because somebody reentered his address. But since you got so many in so short period of time, it is very likely they are looking at your case. But when they reach the point that they have to make a decision on your case, let's just say your case is approvalble otherwise, they'll send your case on visa hold (because you are not current), and send your file to some visa hold shelf based on your PD and chargeability. When your PD become current, they'll approve it.
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Macaca
01-22 06:22 PM
My company filed my (non-PERM) LC before I joined the company. I was on H1B with another organization. My LC was approved immediately after I joined the company.
I don't know if there is a point at which the person should join the company that has already started processing his/her GC. I know that you can get GC before joining the company processing your GC; for example, if person is not in the country.
All,
Please help with contributions. If you have contributed, please help in contributions from other persons. Thanks.
I don't know if there is a point at which the person should join the company that has already started processing his/her GC. I know that you can get GC before joining the company processing your GC; for example, if person is not in the country.
All,
Please help with contributions. If you have contributed, please help in contributions from other persons. Thanks.
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kaisersose
05-28 12:43 PM
Greatly apprecite if anyone can give their inputs...
I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?
Highly unlikely that they would approve a 485 when the PD is not current. The problem here is, even it has happened to someone, we will not see them come out and make an announcement as they fear their approval will be revoked. So we never hear of such cases.
So my query is...
1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).
Any inputs will be greatly apprecited....
Yes. You have to go through the process all over again, except you will be eligible for an earlier PD. The alternative is to seek employment with you original sponsor in which case, you can directly apply for 485 when your PD becomes current.
My advise is to stick to your 485 as 2006 is unlikely to become current by the time you get married. In the unlikely event of that happening, deal with the problem by trying to get your spouse in through other means.
I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?
Highly unlikely that they would approve a 485 when the PD is not current. The problem here is, even it has happened to someone, we will not see them come out and make an announcement as they fear their approval will be revoked. So we never hear of such cases.
So my query is...
1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).
Any inputs will be greatly apprecited....
Yes. You have to go through the process all over again, except you will be eligible for an earlier PD. The alternative is to seek employment with you original sponsor in which case, you can directly apply for 485 when your PD becomes current.
My advise is to stick to your 485 as 2006 is unlikely to become current by the time you get married. In the unlikely event of that happening, deal with the problem by trying to get your spouse in through other means.
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zofa30
09-13 04:21 PM
Hi a_yaja,
Thank you very much for taking the time to give me an example. I appreciate it. I just have some comments/questions that will further clarify the situation for me.
1- You mantioned "For your date to be current, the cut-off date has to be July 8th, 2010 or later." I think you ment that the cut-off date has to be July 7th, 2006 or later because my Priority Date is July 7th, 2006 based on the example you gave?
2- Could you please guide me to the bulliten that states the cut off date for countries. That will help me to understand if it worth to worry about porting the PD or not.
3- I am not from China or India. Is that mean the priority date is current for Eb-2 + perm (employment based (2nd category))? If this is the case why should I worry about porting PD from old EB2 to new EB2?
Thanks,
Thank you very much for taking the time to give me an example. I appreciate it. I just have some comments/questions that will further clarify the situation for me.
1- You mantioned "For your date to be current, the cut-off date has to be July 8th, 2010 or later." I think you ment that the cut-off date has to be July 7th, 2006 or later because my Priority Date is July 7th, 2006 based on the example you gave?
2- Could you please guide me to the bulliten that states the cut off date for countries. That will help me to understand if it worth to worry about porting the PD or not.
3- I am not from China or India. Is that mean the priority date is current for Eb-2 + perm (employment based (2nd category))? If this is the case why should I worry about porting PD from old EB2 to new EB2?
Thanks,
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canmt
10-19 02:46 PM
The old lawyer has to notify USCIS that he is pulling out of your case or the new lawyer has to send the new G-28.
bump
^^^^^^^
What if he/she chose not to let USCIS know about it? Basically, you have no options than to hire a new lawyer to file G-28; otherwise USCIS will continue to send correspondence to the lawyer on file. If you don't file new G-28, the old lawyer can get every information on file from USCIS. Read G-28 for more information.
You are required to send the letter to where your case is filed.
I hope this helps and good luck on your green card chase.
bump
^^^^^^^
What if he/she chose not to let USCIS know about it? Basically, you have no options than to hire a new lawyer to file G-28; otherwise USCIS will continue to send correspondence to the lawyer on file. If you don't file new G-28, the old lawyer can get every information on file from USCIS. Read G-28 for more information.
You are required to send the letter to where your case is filed.
I hope this helps and good luck on your green card chase.
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waiting4gc
04-16 01:45 PM
pros --
- no state taxes
- cheap housing (renting or buying)
cons
- (for me at least) Houston is terribly humid and hot
- concrete jungle pretty much sums up the city. There is hardly any good public transportation in any texas city
I am thinking to moving from Allentown (PA) to Houston. Just wondering if anybody can enlighten me on the challenges that I am likely to face.
Drivers License,Commute to downtown, childcare etc.
I will probably get flamed again for posting a non immigration related (mostly except the DL part I guess) topic.
I have an approved i-140 and EAD and 180 days past on 485 filing.
- no state taxes
- cheap housing (renting or buying)
cons
- (for me at least) Houston is terribly humid and hot
- concrete jungle pretty much sums up the city. There is hardly any good public transportation in any texas city
I am thinking to moving from Allentown (PA) to Houston. Just wondering if anybody can enlighten me on the challenges that I am likely to face.
Drivers License,Commute to downtown, childcare etc.
I will probably get flamed again for posting a non immigration related (mostly except the DL part I guess) topic.
I have an approved i-140 and EAD and 180 days past on 485 filing.
more...
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gveerab
08-21 11:06 PM
Don't worry about GC, all these calculations are useless. Based on your luck your GC will be approved, not based on all these logical things.
If you invoke AC21, that might trigger GC approval also. :D
:D
Thanks for your opinions.
Sorry, I should have included my Category EB2 and Country India in the original post.
I am leaning more towards AC21 as well. But not sure how it will affect the overall scenario (as far as paperwork right now and may be years from now).
I have been patient enough for 5+ years and one thought says "stick it out" the other says "enough is enough, its time to move on"
I am sure there are many on the board like me, and I guess I am looking for some courage, either way.
If you invoke AC21, that might trigger GC approval also. :D
:D
Thanks for your opinions.
Sorry, I should have included my Category EB2 and Country India in the original post.
I am leaning more towards AC21 as well. But not sure how it will affect the overall scenario (as far as paperwork right now and may be years from now).
I have been patient enough for 5+ years and one thought says "stick it out" the other says "enough is enough, its time to move on"
I am sure there are many on the board like me, and I guess I am looking for some courage, either way.
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shivaniraina
07-21 02:20 PM
You are exempt from the cap:) . Your immigration lawyer can confirm this.
I was on HIB till 2005. I quit my job sometime last year as I was pregnant and we moved to another city. I went back to a new job/new company/new HIB early this year even though quota was exhausted. However, i had no problem is getting the approval as people holding HIB previously in 6 years do not count under quota. The only difference is that you will have to wait for the approval before you join new job unlike visa transfer. I had consulted several lawyers before i decided to quit my job.
I was on HIB till 2005. I quit my job sometime last year as I was pregnant and we moved to another city. I went back to a new job/new company/new HIB early this year even though quota was exhausted. However, i had no problem is getting the approval as people holding HIB previously in 6 years do not count under quota. The only difference is that you will have to wait for the approval before you join new job unlike visa transfer. I had consulted several lawyers before i decided to quit my job.
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priderock
06-30 02:56 PM
Hey can we sue these law firms who have spread the rumors, I could not sleep all night yesterday. Think about those who have not submitted the paperwork to their lawyer yet ....
I saw immigration law (Matthew Oh) & Murthy publizing these rumors. Even Shusterman could have done the same he is one of the top immg attorneys but I feel just to make us already suffering souls file before the holiday these firms has run some water down our drain ....
I feel like repeated my self , but why do you guys blame the messenger ? I would like to know the bad news in advance if possible and be prepared rather than caught by surprise. May be it is just me.
Again those firms/web sites did not call you and inform you, if you don't want to listen things that are depressing (probably truths) , don't read, Send in your application and wait for your lawyer to give you an update.
I understand that every one is on their nerves, but lets keep our calm and appreciate their info. We are all educated and can get all kinds of information (good , bad , depressing) and process it.
May be at the end of the day, nothing bad might happen. May be we get 15 days grace period(For their mixup) for sending our applications. May be they would accept through out July. This is all speculation until official word comes out. Lets all hope for the best.
I saw immigration law (Matthew Oh) & Murthy publizing these rumors. Even Shusterman could have done the same he is one of the top immg attorneys but I feel just to make us already suffering souls file before the holiday these firms has run some water down our drain ....
I feel like repeated my self , but why do you guys blame the messenger ? I would like to know the bad news in advance if possible and be prepared rather than caught by surprise. May be it is just me.
Again those firms/web sites did not call you and inform you, if you don't want to listen things that are depressing (probably truths) , don't read, Send in your application and wait for your lawyer to give you an update.
I understand that every one is on their nerves, but lets keep our calm and appreciate their info. We are all educated and can get all kinds of information (good , bad , depressing) and process it.
May be at the end of the day, nothing bad might happen. May be we get 15 days grace period(For their mixup) for sending our applications. May be they would accept through out July. This is all speculation until official word comes out. Lets all hope for the best.
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comstar8199
08-25 06:45 PM
I think someone should make a Pwnd smilie...
and by the way Templarian Kalamazoo isn't too far away, I live there.
and by the way Templarian Kalamazoo isn't too far away, I live there.
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GC9180
06-19 05:52 PM
same rules apply to medical center. If you donot have MMR how can they give one shot and then give the medical report when another dose is pending next month.
Does that mean those who get MMR shot at medical center have one more pending ...but got their report in advance????
Does that mean those who get MMR shot at medical center have one more pending ...but got their report in advance????
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needhelp!
03-14 04:25 PM
Infact I know one Texas member who has contributed a percentage of his tax return last year, and will be doing it again.
BTW.. please explain what is this $600 rebate? I already filed my taxes myself, and maybe I missed this.
BTW.. please explain what is this $600 rebate? I already filed my taxes myself, and maybe I missed this.
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gapala
07-06 05:54 PM
Did you mean to say new H1B from a different sponsor? If it is the same sponsor and new H1B, what difference would that make? Since they have not provided any reason, MTR is the best option and this could be a genuine mistake from CIS.
anilkumar0902
01-26 12:10 PM
I read Eden Prairie,MN has been rated the "Best city to live" by CNN Money magazine for 2010. Great schools, affordable living, low unemployment, community oriented life are pluses..Weather is definitely a damper. As the previous post suggests...we will have to trade-in the weather for everything else that is important to us.
Cheers
Cheers
alterego
01-04 09:30 AM
Anyone with recent experience moving to Texas on EAD? Please share your experience with regards to Drivers license etc.
What does one do when less than 180 days left on EAD? Do they accept an approved 140 or pending 485 proof?
What does one do when less than 180 days left on EAD? Do they accept an approved 140 or pending 485 proof?
