gcdreamer05
01-21 02:17 PM
What an irony, these guys will not let us file nor to withdraw, :mad:
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ChainReaction
08-10 09:12 AM
http://www.murthy.com/chatlogs/ch073007_P.html
Hi, i was looking at Murthy chat log and it states since H1b is a dual intend visa one may keep H1b status and do part time job on EAD ... she did mention that the rules is not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc., has anyone done that in the past or knows somenone please reply?
Chat User : As many of us plan to start part-time businesses using EAD, if we are on H-1 and use an EAD for a part-time business, does it mean we abandon H1B status? Thank you for your service.
Attorney Murthy : Actually, the H1B allows for dual intent. So even if one uses the EAD to start a PT business, if one closes the business or files an H1B extension with the current employer, that is an option to resume H-1 status. The rules are not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc.
Chat User : I am applying for I-485 for my family, and my wife is on H1B. Can she travel to India on AP and work on H-1? Does she need to get H1B stamping, or can she use AP for travel and H-1 for work?
Attorney Murthy : The general rule is that, after a person uses the AP, the safer approach is to work on the EAD, but the law allows such a person to also file for H1B extensions, as long as s/he is working with the H1B employer. As mentioned above, the law is not crystal clear on what must happen, and we find that it has been quite broad in this respect, since there are no clear-cut limitations. It would be safer / clearer to have the EAD.
Hi, i was looking at Murthy chat log and it states since H1b is a dual intend visa one may keep H1b status and do part time job on EAD ... she did mention that the rules is not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc., has anyone done that in the past or knows somenone please reply?
Chat User : As many of us plan to start part-time businesses using EAD, if we are on H-1 and use an EAD for a part-time business, does it mean we abandon H1B status? Thank you for your service.
Attorney Murthy : Actually, the H1B allows for dual intent. So even if one uses the EAD to start a PT business, if one closes the business or files an H1B extension with the current employer, that is an option to resume H-1 status. The rules are not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc.
Chat User : I am applying for I-485 for my family, and my wife is on H1B. Can she travel to India on AP and work on H-1? Does she need to get H1B stamping, or can she use AP for travel and H-1 for work?
Attorney Murthy : The general rule is that, after a person uses the AP, the safer approach is to work on the EAD, but the law allows such a person to also file for H1B extensions, as long as s/he is working with the H1B employer. As mentioned above, the law is not crystal clear on what must happen, and we find that it has been quite broad in this respect, since there are no clear-cut limitations. It would be safer / clearer to have the EAD.
va_dude
05-07 04:59 PM
The online system has been inconsistent in the past too. So you can never really tell what's happening behind the scenes.
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Hinglish
03-05 03:04 PM
No worries ... this bill aint going no where .... it is just a political ploy to corner Dems and force them to take a harder stance on immigration
more...
getgreensoon1
03-15 11:30 AM
Didn't most of us came to US through "Desi Companies/Body Shopper/Outsourcer"?
Now that we are feeling the pinch, we want to close this door for the other folks?
Guys, this is pinnacle of hypocrisy. Please convince me how this is different from the Anti Immigrants??
Please note. I have no axe to grind and I have never worked for Desi Company/Body Shopper/Outsourcer.
You may have ....I did not. The so called software professionals have no other avenue than coming through the bodyshops. Infy, TCS and Wippro are no different than other desi bodyshops. Its the difference between a nice hair cutting saloon and a road side one. Infy, TCS are nice hair cutting saloon.
Its not a question about feeling the pinch. Its about the validity of credentials. Most of underskilled people get undue advantage by working at these bodyshops.
Now that we are feeling the pinch, we want to close this door for the other folks?
Guys, this is pinnacle of hypocrisy. Please convince me how this is different from the Anti Immigrants??
Please note. I have no axe to grind and I have never worked for Desi Company/Body Shopper/Outsourcer.
You may have ....I did not. The so called software professionals have no other avenue than coming through the bodyshops. Infy, TCS and Wippro are no different than other desi bodyshops. Its the difference between a nice hair cutting saloon and a road side one. Infy, TCS are nice hair cutting saloon.
Its not a question about feeling the pinch. Its about the validity of credentials. Most of underskilled people get undue advantage by working at these bodyshops.
freddy22
04-25 02:34 PM
Then why you live here...pack your bags you Big A Hole.
I live here b4ecause of the country not the PEOPLE who are all mainly A HOLETTES like you
I live here b4ecause of the country not the PEOPLE who are all mainly A HOLETTES like you
more...
gnrajagopal
08-19 02:15 AM
Does your welcome letter/approval say anything about ADIT process?. thanks
Cant seem to find anything about it. There is only details on when i would receive the card and stuff like that.
Cant seem to find anything about it. There is only details on when i would receive the card and stuff like that.
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anilsal
10-24 01:26 PM
It may be better to contact Judy Woodruff, who is driving this whole program at Yahoo. I remember seeing Judy as a former CNN anchor (quite a prominent one).
Judy may be the link to other possibilities for IV.
http://www.nndb.com/people/805/000050655/
Pappu?
Judy may be the link to other possibilities for IV.
http://www.nndb.com/people/805/000050655/
Pappu?
more...
cinqsit
02-02 08:56 PM
My I-140 and I-485 also has different A numbers. I had 2 more approved I-140s which has different A numbers as well. How and when will get consolidated to a single file?
Gurus who have more insight into this process, please enlighten us.
Thanks -
I think its ok to have different A#'s except when you are trying to get your I-485 adjudicated and you want to use the earliest PD from your multiple I-140's.
I think its easier for USCIS to consolidate your I-140's and 485's into a single A-file
if they all have the same A number
There is no easy way to consolidate all your I-140s and link them to your I-485 - get infopass, contact IO, get congressperson or senator involved, write to the ombudsman etc people have tried various means and no one knows what clicked for them - but
something does work!
Most of the times they will accept your request only if you are current (according to your earliest PD - if you have multiple I-140s)
cinqsit
Gurus who have more insight into this process, please enlighten us.
Thanks -
I think its ok to have different A#'s except when you are trying to get your I-485 adjudicated and you want to use the earliest PD from your multiple I-140's.
I think its easier for USCIS to consolidate your I-140's and 485's into a single A-file
if they all have the same A number
There is no easy way to consolidate all your I-140s and link them to your I-485 - get infopass, contact IO, get congressperson or senator involved, write to the ombudsman etc people have tried various means and no one knows what clicked for them - but
something does work!
Most of the times they will accept your request only if you are current (according to your earliest PD - if you have multiple I-140s)
cinqsit
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MLS
06-19 12:37 PM
I dont know exactly what is the issue here, but I have filed for EAD extentions 3 times in last three years and it was a very straight forward and easy process. We filed the extentions about 2 months before the expiration and got EADs and APs done in about a month.
I wanted to start this thread so we could get together a plan of action for victims of undue processing delays for EAD/AP. This is a very serious and upcoming issue and we would all be well served to pool ideas.
Here is what I have so far. Some ideas based on my experience and some on searching the web.
1) Apply for your EAD atleast 120 days ahead of the expiry of the current one(USCIS now reccomends 6mths ahead!) Yes you may lose time if they approve it early but atleast, you have the peace of mind and it gives you 30 days breathing space in case of RFE or to get an interim EAD.
2) Check for a LUD at or slightly after 80 days pending. Contact your lawyer at about this time for suggestions.
3) Schedule an infopass appointment for day 91. Ask for the interim EAD.
You can also call the regional service center if you wish.
4) Contact your congressman's office at about this time and ask for their assistance in expediting this request.
5) Fedex an application for an interim EAD the same day. Include a copy of your current EAD copy, your pending 485 on which the interim benefits are based and a copy of attendance at any recently done biometrics.
6) Consider talking with your employer to take a few days off while sorting this out.
If anyone has any additions to this checklist of items or suggestions/modifications. Let me know.
I wanted to start this thread so we could get together a plan of action for victims of undue processing delays for EAD/AP. This is a very serious and upcoming issue and we would all be well served to pool ideas.
Here is what I have so far. Some ideas based on my experience and some on searching the web.
1) Apply for your EAD atleast 120 days ahead of the expiry of the current one(USCIS now reccomends 6mths ahead!) Yes you may lose time if they approve it early but atleast, you have the peace of mind and it gives you 30 days breathing space in case of RFE or to get an interim EAD.
2) Check for a LUD at or slightly after 80 days pending. Contact your lawyer at about this time for suggestions.
3) Schedule an infopass appointment for day 91. Ask for the interim EAD.
You can also call the regional service center if you wish.
4) Contact your congressman's office at about this time and ask for their assistance in expediting this request.
5) Fedex an application for an interim EAD the same day. Include a copy of your current EAD copy, your pending 485 on which the interim benefits are based and a copy of attendance at any recently done biometrics.
6) Consider talking with your employer to take a few days off while sorting this out.
If anyone has any additions to this checklist of items or suggestions/modifications. Let me know.
more...
vishwak
08-05 02:14 PM
I think he should consider awarding citizenship to LONG waiting GC applicants. :D
Nice one.....lets wait and see.
Nice one.....lets wait and see.
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transpass
03-23 05:07 PM
Hello gurus,
need little help from you guys. Right now i am on H1b.
I am about to file my Family based I-485, I-130, I-765, I-131. on all these forms they are asking for A# ( Alien Registration Number).
I was on F1 visa before. so i have one expired EAD card which i got during my OPT in 2005. this card has a A#.
so should i put this A# on all forms( I-485,I-130,I-765,I-131) or leave it blank.???
H1bdude1
As far as I know, the OPT A# is different from what you will get from filing 140. Once you receive 140 approval notice, it should have the A# which you can use on 485...If you don't have one or don't know, leave it blank...
need little help from you guys. Right now i am on H1b.
I am about to file my Family based I-485, I-130, I-765, I-131. on all these forms they are asking for A# ( Alien Registration Number).
I was on F1 visa before. so i have one expired EAD card which i got during my OPT in 2005. this card has a A#.
so should i put this A# on all forms( I-485,I-130,I-765,I-131) or leave it blank.???
H1bdude1
As far as I know, the OPT A# is different from what you will get from filing 140. Once you receive 140 approval notice, it should have the A# which you can use on 485...If you don't have one or don't know, leave it blank...
more...
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marcus12
01-26 05:17 PM
Hello Guys help me out
I have been in USA from last 3 years on student visa. I was first in 1 university and finished my Masters there and than moved to other university for 2nd master
Between the gap of transferring the school I started a small business online which went off good and is still going on. the beauty of business is that its everything online so it does not matter if I stay in USA or not.
Real problem is here: I just got engaged and getting married in June. So my wish is to bring my wife here for few months, show her around and than go back permanently.
University in which I am doing 2nd MS is not accredited and giving me hard time by saying that they will drop me off if I dont concentrate. Now I cannot go to school and attend classes because I have to handle the business.
Now I am thinking of leaving USA in April and leave the school too from between. These will give the end to student visa and the fees which I am paying every semester. Than I am thinking to apply back as a visitor visa in August which I will get for 10 years.
I dont want to stay here in USA just want to come from time to time as I like it here. My question is should I continue school and bring my wife on dependent visa or should I leave the school and apply for tourist visa again?
I see more changes in 2nd one because consulate can also understand that I didnt wanted to stay in USA even when my student visa was valid so why I will overstay on Tourist visa. Also I have good balance and good properties In India by my name. I am the only son to my parents
So I dont see any reason to get rejected?. But please give your suggestion
I have been in USA from last 3 years on student visa. I was first in 1 university and finished my Masters there and than moved to other university for 2nd master
Between the gap of transferring the school I started a small business online which went off good and is still going on. the beauty of business is that its everything online so it does not matter if I stay in USA or not.
Real problem is here: I just got engaged and getting married in June. So my wish is to bring my wife here for few months, show her around and than go back permanently.
University in which I am doing 2nd MS is not accredited and giving me hard time by saying that they will drop me off if I dont concentrate. Now I cannot go to school and attend classes because I have to handle the business.
Now I am thinking of leaving USA in April and leave the school too from between. These will give the end to student visa and the fees which I am paying every semester. Than I am thinking to apply back as a visitor visa in August which I will get for 10 years.
I dont want to stay here in USA just want to come from time to time as I like it here. My question is should I continue school and bring my wife on dependent visa or should I leave the school and apply for tourist visa again?
I see more changes in 2nd one because consulate can also understand that I didnt wanted to stay in USA even when my student visa was valid so why I will overstay on Tourist visa. Also I have good balance and good properties In India by my name. I am the only son to my parents
So I dont see any reason to get rejected?. But please give your suggestion
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wandmaker
10-23 05:46 PM
From what I know she can still work for 180 days while the 485 is investigated. You can appeal against the denial.
AFAIK, you will start accruing unlawful status once your 485 denied and you do not have a non-immigrant to status to backup. You should stop working. You will regain the status (i.e. pending AOS) only after the MTR is approved.
If you can post the legal references to support your point, it will really help many IVans.
AFAIK, you will start accruing unlawful status once your 485 denied and you do not have a non-immigrant to status to backup. You should stop working. You will regain the status (i.e. pending AOS) only after the MTR is approved.
If you can post the legal references to support your point, it will really help many IVans.
more...
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$eeGrEeN
08-02 01:28 PM
>>>>>>>>>>>>>>> USPS Issued MO's <<<<<<<<<<<<<<<<<
The way you track money orders is , after 30 days from the date u gave them out , pull out the Money Order Sequence "Number" at the bottom of the top slip that you have. Give that in along with $5 to your local post office. they would track it for you and give a report.
CAREFUL though. USPS , when it goes to track the MO, if it has not been cashed, they will give back the value on that MO (say the face value of the MO is $500 , if un-cashed , they give u $500 ). So, the person intended to cash it cannot.
If cashed they give you the person's ID who cashed it.
So, wait for a while before you invoke the process.
The way you track money orders is , after 30 days from the date u gave them out , pull out the Money Order Sequence "Number" at the bottom of the top slip that you have. Give that in along with $5 to your local post office. they would track it for you and give a report.
CAREFUL though. USPS , when it goes to track the MO, if it has not been cashed, they will give back the value on that MO (say the face value of the MO is $500 , if un-cashed , they give u $500 ). So, the person intended to cash it cannot.
If cashed they give you the person's ID who cashed it.
So, wait for a while before you invoke the process.
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desi3933
09-25 02:28 PM
My H1B expired in April 2008. My company is not willing to extend H1B any more due to the reason that I got EAD and I-140 approved and pending 485. Is it possible to get H1B extension from current or future company based on approved I-140? Or Is it too late?
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
You are eligible for H1 extension, though you may need visa stamp and re-entry to be back in H1 status. In such cases, one gets H1 extension approval without new I-94. That's why person needs to get new stamp and re-entry.
*** Not a legal advise ***
____________________________________
Proud Indian-American and Legal Immigrant
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
You are eligible for H1 extension, though you may need visa stamp and re-entry to be back in H1 status. In such cases, one gets H1 extension approval without new I-94. That's why person needs to get new stamp and re-entry.
*** Not a legal advise ***
____________________________________
Proud Indian-American and Legal Immigrant
more...
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panduputhran
08-26 11:11 PM
I assume your pd is Aug 04 with EB2. How come applied for 485 on january. Dates were not current for aug 04 PD.
Please let me know.
Please let me know.
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abhi2001
02-24 02:54 PM
Thanks Jerrome for the quick reply.
Company B can file an H1 for me but since I have already spent 5 years in USA I just have about an year left out of the total 6 years. So that's an issue.
Also some more info - when I came to USA I was on an H1B which expired in Mar2008 and I filed a COS to L1A. So to my knowledge company B can revoke my L1A and I can go back to H1B without going through the 2009 quota and waiting till Oct2009. And in this way join company B. Is my understanding correct? But in this case my L2-EAD spouse will loose her job.
Company B can file an H1 for me but since I have already spent 5 years in USA I just have about an year left out of the total 6 years. So that's an issue.
Also some more info - when I came to USA I was on an H1B which expired in Mar2008 and I filed a COS to L1A. So to my knowledge company B can revoke my L1A and I can go back to H1B without going through the 2009 quota and waiting till Oct2009. And in this way join company B. Is my understanding correct? But in this case my L2-EAD spouse will loose her job.
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illinois_alum
03-05 09:11 PM
your wife is exempt from EAD/AP fees. If you apply online for her EAD or AP, the system will automatically figure that out and will not charge anything additional
bslraju
09-13 05:48 PM
Came to USA in 2001 Feb. As many other stories, my old employer did file my labor on Jan 2006 on EB3 though i was eligible to file under EB2. I have 3 + 2 years in India.
Changed employer using EAD in 08.
Current company is doing porting to EB2.
Unlike before, Now USCIS rule is have MSc(Computers) after completing 3 year degree in india is no longer equal to US master degree
it should be eaither 4(engineering)+2 (masters) or 3(BS)+3(MCA/other)
thus its equivalent to US bachelors degree.
So my employer (big 17k employees) decided to file based on my exp.
Job description says "Bachelors degree (B.A) in related area and 4-6 years of experience
in the field or in a related area."
Will this be a problem as one of EB2 requirement is BS or equivalent US degree with 5 years of experience. But this job desc says its 4-6 years..
Changed employer using EAD in 08.
Current company is doing porting to EB2.
Unlike before, Now USCIS rule is have MSc(Computers) after completing 3 year degree in india is no longer equal to US master degree
it should be eaither 4(engineering)+2 (masters) or 3(BS)+3(MCA/other)
thus its equivalent to US bachelors degree.
So my employer (big 17k employees) decided to file based on my exp.
Job description says "Bachelors degree (B.A) in related area and 4-6 years of experience
in the field or in a related area."
Will this be a problem as one of EB2 requirement is BS or equivalent US degree with 5 years of experience. But this job desc says its 4-6 years..
shivarajan
09-20 01:46 AM
have been using mobissimo.com search engine for flights and works gr8. It's searches across all other travel sites. :p
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