HRPRO
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:
Thanks
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.
HRP
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:
Thanks
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.
HRP
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cbpds
08-05 02:23 PM
Guys as gk_2000 said it does not apply to us
Log In (http://www.uscis.gov/portal/site/usc...0048f3d6a1RCRD)
Log In (http://www.uscis.gov/portal/site/usc...0048f3d6a1RCRD)
desiin_va
01-04 04:03 PM
Clink on members list, you should see the number at the bottom
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mariner5555
05-15 11:32 PM
wow ..so I guess there is hope :)
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gc_on_demand
04-22 11:12 AM
Hello Folks
I had valid stamp till 2011 but at POE I was given H1b till Nov 2010. My lawer told me that person at POE may have made mistake. My old stamp has validity Nov 2007. So he may have overlooked and give me 3 years stay based on that stamp. ( US consulate didont put dark stamp ( Cancelled without prejuidice ) . It was just marked with pen.
Now my 6th year will expire in Nov 2011. I have I 140 approved. so when I apply for H1b ext in Nov 2010 will I get 3 years or just till Nov 2011 and then again new extention for 3 years ?
I had valid stamp till 2011 but at POE I was given H1b till Nov 2010. My lawer told me that person at POE may have made mistake. My old stamp has validity Nov 2007. So he may have overlooked and give me 3 years stay based on that stamp. ( US consulate didont put dark stamp ( Cancelled without prejuidice ) . It was just marked with pen.
Now my 6th year will expire in Nov 2011. I have I 140 approved. so when I apply for H1b ext in Nov 2010 will I get 3 years or just till Nov 2011 and then again new extention for 3 years ?
hellomms
02-12 11:34 AM
Should have asked this question a year ago. Sorry, not rubbing it in but if you had applied last year you probably would have had your PErm approved and possibly 140.
Anyhow, I think you should apply for it anyway, see how far you can go. Agree with forgerater's response. you have about 1.5 years. Assuming that everything goes fine, you could have your labor in a few months (approx 6) and then 140 in another six months. And if I understand the system, you can extend your H1 once you get to I-485
Anyhow, I think you should apply for it anyway, see how far you can go. Agree with forgerater's response. you have about 1.5 years. Assuming that everything goes fine, you could have your labor in a few months (approx 6) and then 140 in another six months. And if I understand the system, you can extend your H1 once you get to I-485
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bank_king2003
06-04 01:48 PM
Hi,
My H1b visa stamp is of Company A with expiry date Dec 1, 2007.
I work for company B. I have gone back to India and came back with company B�s 1797 and company A�s visa stamp last year (October) without any issues. So we can come back on our previous H1 B visa stamp if we have a valid 797 with us at the port of entry.
My question is below.
Company B�s 797 is going to expire in Oct 24 2007 and I have to travel India during this time and will be entering USA again on November 11th 2007. I am soon going to apply for new 797 with 3 year extension with the same company (i.e B). Assuming I get the extension with 797 till Oct24 2010. Can I still enter USA(on Nov 11,2007) with the old H1B stamp pf company A (expiring on Dec 1,2007) and new 797 of company B(expiring on Oct 2010)
I am also going to talk to my lawyer regarding this. Just in case if someone has anything to share with me, I will appreciate it.
Thanks
My H1b visa stamp is of Company A with expiry date Dec 1, 2007.
I work for company B. I have gone back to India and came back with company B�s 1797 and company A�s visa stamp last year (October) without any issues. So we can come back on our previous H1 B visa stamp if we have a valid 797 with us at the port of entry.
My question is below.
Company B�s 797 is going to expire in Oct 24 2007 and I have to travel India during this time and will be entering USA again on November 11th 2007. I am soon going to apply for new 797 with 3 year extension with the same company (i.e B). Assuming I get the extension with 797 till Oct24 2010. Can I still enter USA(on Nov 11,2007) with the old H1B stamp pf company A (expiring on Dec 1,2007) and new 797 of company B(expiring on Oct 2010)
I am also going to talk to my lawyer regarding this. Just in case if someone has anything to share with me, I will appreciate it.
Thanks
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glus
11-19 01:06 PM
Hi All,
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
Generally speaking, it is always better to re-enter on nonimmigrant visa than on AP. This is because when one re-enters on non-immigrant visa, one receives a non-immigrant status, which is great. H4 is not dependent on EAD or vice versa. Remember, to loose H4 visa status you need to brake immigration law or do something that violates the immigration law. Technically speaking, if one works on EAD, one does not brake any law due to the EAD being valid. So yes, she can re-enter on h4, receiving H-4 status, and still work as long as EAD is valid. This is a gray area, but as per my attorney it is allowable due to the vague nature of the INA (Immigration and Naturalization Act), which states, that one looses non-immigrant status when one "works without authorization." However, think about it. If one is on H-4, one works on EAD at the same time, one does not loose non-immigrant status because such a person performs "authorized employment" through valid EAD.
Regards,
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
Generally speaking, it is always better to re-enter on nonimmigrant visa than on AP. This is because when one re-enters on non-immigrant visa, one receives a non-immigrant status, which is great. H4 is not dependent on EAD or vice versa. Remember, to loose H4 visa status you need to brake immigration law or do something that violates the immigration law. Technically speaking, if one works on EAD, one does not brake any law due to the EAD being valid. So yes, she can re-enter on h4, receiving H-4 status, and still work as long as EAD is valid. This is a gray area, but as per my attorney it is allowable due to the vague nature of the INA (Immigration and Naturalization Act), which states, that one looses non-immigrant status when one "works without authorization." However, think about it. If one is on H-4, one works on EAD at the same time, one does not loose non-immigrant status because such a person performs "authorized employment" through valid EAD.
Regards,
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manderson
11-05 02:25 PM
i know. but psychologically it's soo hard. and counting towards the 180 days makes it even harder
What if USCIS had not screwed up by using all "C"s in July bulletin? You would not have even filed AOS !! Think positively. And don't show even a sign that you are waiting for 180 days; just count them inside. Until then your sponsor can pull the plug anytime by revolking your I-140, and if that happens, you are back to square one.
What if USCIS had not screwed up by using all "C"s in July bulletin? You would not have even filed AOS !! Think positively. And don't show even a sign that you are waiting for 180 days; just count them inside. Until then your sponsor can pull the plug anytime by revolking your I-140, and if that happens, you are back to square one.
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ivuser9
04-09 04:05 PM
I think we can be on one visa at any given point of time. either use EAD or H1B.. gurus please clarify
:confused:
:confused:
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greyhair
01-29 10:02 PM
There is no issue with going for fingerprinting after getting GC. So no big deal if that is your concern. They will not cancel your daughter's green card just because she went for fingerprinting responding to the notice received from USCIS. Don't think too much. Your GC might be in the pipeline. In the meantime, relax and enjoy the wait time.
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BMS1
09-10 11:08 AM
Among other things, one important change for H1-b program would be to make H1-B transfer easier for folks that are laid off or had to resign abruptly due to various reasons by providing some legal leg room to land a new job. The current rule for laid off / abruptly resigning people is to pack up and leave the very next day of separation for their country of origin and start the H1B process again if they need to maintain a clean legal record. That is not always pracitcally possible due to ticket availability, disposing of residence lease etc. This is very much acknowledged by USCIS by overlooking some minor gaps between employments for H1-B transfer. So provision of some gap (60 days?) between job changes for H1B transfer will provide some legal/legislative back-up to the procedures currently being followed by USCIS as a matter of practicality.
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HV000
03-09 01:26 PM
Can somebody recommend/suggest good immigration attorneys in Chicago for filing G-28 and AC-21?
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truthinspector
12-18 09:22 AM
I entered in Atlanta GA, with 45 days of validity remaining on my AP. No questions asked.
My wife will be coming back in April 2nd week through Denver. CO POE. Her AP is valid until June 3rd week.
My question is that is 2 months of AP validity / cushion enough or safe to enter the US.
My wife will be coming back in April 2nd week through Denver. CO POE. Her AP is valid until June 3rd week.
My question is that is 2 months of AP validity / cushion enough or safe to enter the US.
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snathan
02-15 12:18 PM
I know but when there is a chance, we must make sure. Who told u that always works.
They advertise in the company's message board and recently I have seen they did not mention anything about qualifications for one EB2 GC of my friend.
Hence I got a doubt.
Again,
Is it a must that education like MS or equivalent experience is needed for EB2. Please let me know.
Yes you need Masters or Bachlor + 5 years progressive experience.
They advertise in the company's message board and recently I have seen they did not mention anything about qualifications for one EB2 GC of my friend.
Hence I got a doubt.
Again,
Is it a must that education like MS or equivalent experience is needed for EB2. Please let me know.
Yes you need Masters or Bachlor + 5 years progressive experience.
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dontcareanymore
07-31 01:16 PM
Thanks.
Now something that had been on top of my mind for long. Does anyone know how to make Google include subjective interpretation to search query? I will elaborate ...
Say you want to search for all the work been done or being done on say "teapot". Normally you type in "teapot" in search bar and Google will dump millions of results. And those results would be screened objectively based on the search query i.e. "teapot". But interestingly, "kettle" is also a synomous for "teapot" but since the search was objectively driven, this subjective association would be excluded. This is just an example, I framed to explain my point.
A quick answer to above would be to include any synomous words, but we all know in techonological world and especially in the IP area, their could numerous ways to hid the information while maintaining it on public forums. If you have been engaged in IP development, you will understand what I am talking about.
"Semantic search" is what you are looking for. There is a lot of work going on in this area.
I think you know how to know more about it :)
Now something that had been on top of my mind for long. Does anyone know how to make Google include subjective interpretation to search query? I will elaborate ...
Say you want to search for all the work been done or being done on say "teapot". Normally you type in "teapot" in search bar and Google will dump millions of results. And those results would be screened objectively based on the search query i.e. "teapot". But interestingly, "kettle" is also a synomous for "teapot" but since the search was objectively driven, this subjective association would be excluded. This is just an example, I framed to explain my point.
A quick answer to above would be to include any synomous words, but we all know in techonological world and especially in the IP area, their could numerous ways to hid the information while maintaining it on public forums. If you have been engaged in IP development, you will understand what I am talking about.
"Semantic search" is what you are looking for. There is a lot of work going on in this area.
I think you know how to know more about it :)
more...
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sk.aggarwal
06-01 08:42 AM
This is true for most full time positions. I used to work for Wachovia and after merger with Wells Fargo they even withdrew approved I-140s, refused to file responses for perm audits and off course start new GC process. I left after working from them for 5 years. Idea is not to scare you, but just be careful. As someone adviced above, give you best shot in interviews and once you have an offer ask them to confirm in writing that they will process GC in EB2 immediately on joining. Dont join if they dont give you firm assurance. And once you join, start working on this process immediately.
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immilaw
12-14 11:42 AM
This is what I meant when I said how they are doing random enforcement raids to bring CIR back onto the front burner. Way to go.
3-4 more big raids like these and CIR will be passed in a jiffy.
3-4 more big raids like these and CIR will be passed in a jiffy.
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gsc999
09-01 12:59 PM
That was a hard working moderator who seems to have disappeared off of the face of the earth in early June 2006. I don't think he was abducted by aliens, because he is one.
I wanted to start this thread in members only, but it wouldn't let me.
Thanks.
---
It is good to know that BerkleyBee is doing well.
Infact, I became a member after watching BB's presentation on IV.
I wanted to start this thread in members only, but it wouldn't let me.
Thanks.
---
It is good to know that BerkleyBee is doing well.
Infact, I became a member after watching BB's presentation on IV.
inskrish
04-18 04:41 PM
Don't stress - take it easy. This can be fixed. i sent you a private message
Nice talking to you, and thanks much for your guidance, help, and time Chandu. The short phone conversation with you was quite informative and helpful. Thanks to IV for your initiatives to help the members who are in trouble with immigration matters.
Thanks.
Nice talking to you, and thanks much for your guidance, help, and time Chandu. The short phone conversation with you was quite informative and helpful. Thanks to IV for your initiatives to help the members who are in trouble with immigration matters.
Thanks.
bluez25
07-26 02:44 PM
Guys ... please help. I am trying to get PCC from my local police station and they are giving me hell time here... and I am running out of time. The local police station guys are saying that they will only give a letter in white paper (No letter head) and they are insisting that it will not be used. What shall I do and I have to submit my documents by tuesday by latest.....
Questions for friends around
1.. is the letter given by the local police station with out the letter head will e accepted in the Consulate?
2.. If not can we get a PCC from the commisioner office?
Please give me some directions.
Questions for friends around
1.. is the letter given by the local police station with out the letter head will e accepted in the Consulate?
2.. If not can we get a PCC from the commisioner office?
Please give me some directions.
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