indianabacklog
04-02 01:06 PM
Simple answer is there is no such thing as a temprorary EAD. There used to be but they were eliminated some years ago.
You will just have to wait and hope. If however, the processing time exceeds 90 days you can take an infopass appointment and the local office will contact the service center to get things rolling.
You will just have to wait and hope. If however, the processing time exceeds 90 days you can take an infopass appointment and the local office will contact the service center to get things rolling.
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Ann Ruben
02-01 09:50 PM
Deepadandamudi,
Because you are not currently invalid non-immigrant status, you are not entitled to a change of status to H-1. But, once an H-1 petition is approved on your behalf, you can leave the US, obtain an H-1 visa stamp in your passport and then return to the US using that visa. Unless your employer is exempt from the H-1 cap, the earliest you could do this would be Oct. 2010.
As long as you remain legally married you are entitled to the EAD, and you can maintain both documents. However, if you work for another employer using your EAD you will violate your H-1 status.
Because you are not currently invalid non-immigrant status, you are not entitled to a change of status to H-1. But, once an H-1 petition is approved on your behalf, you can leave the US, obtain an H-1 visa stamp in your passport and then return to the US using that visa. Unless your employer is exempt from the H-1 cap, the earliest you could do this would be Oct. 2010.
As long as you remain legally married you are entitled to the EAD, and you can maintain both documents. However, if you work for another employer using your EAD you will violate your H-1 status.
apahilaj
09-24 03:30 PM
It depends on the I-140 you requested USCIS to consider while you aplied for I-485. There is some process called interifling, where you can later request USCIS to use the I-140 with better priority date against the I-485 so you can avoid multiple I-485.
hello Jai_Immigration,
I am in a similar situation and was wondering if you have any idea...I had applied for my 485 using an approved I140. Last year I had another I140 applied (since the first 140 application was about to get denied) and this application is still pending at USCIS. USCIS has sent an RFE on this second application last week (which my lawyer hasn't received yet).
Do you think this second I140 application will cause any effect on my 485 application? I had used my first 140 which was approved for my 485 application.
Thanks.
hello Jai_Immigration,
I am in a similar situation and was wondering if you have any idea...I had applied for my 485 using an approved I140. Last year I had another I140 applied (since the first 140 application was about to get denied) and this application is still pending at USCIS. USCIS has sent an RFE on this second application last week (which my lawyer hasn't received yet).
Do you think this second I140 application will cause any effect on my 485 application? I had used my first 140 which was approved for my 485 application.
Thanks.
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Lukus
04-08 05:43 PM
Nah you are right, that is all I did, but I honestly doubt anyone would make a fuss :) I mainly made them for the sake of it, the only ones I'd definately want to see on there are the first 2 anyway so you can take the others off if ya don't want them :)
Cheers Kirupa :)
Cheers Kirupa :)
more...
monkeyman
08-30 02:11 PM
I applied my 485 as a single on July 17th.
I got married and then applied my spouse's on Aug 16th.
Since I am married now, will that cause my application to get rejected as I applied as Single.
I am not sure how would this be handled at USCIS end ?
Any idea ?
Should not have any impact - your spouse will receive a conditional GC if her GC comes within two years of your marriage. You shall (as a primary member) receive a 10 year GC. You will need to file for your wife again to remove the conditions after completing two years of your marriage. No big deal. Just chill and attend the rally. No one can tell you how long will it take it to get your actual GC though.
I got married and then applied my spouse's on Aug 16th.
Since I am married now, will that cause my application to get rejected as I applied as Single.
I am not sure how would this be handled at USCIS end ?
Any idea ?
Should not have any impact - your spouse will receive a conditional GC if her GC comes within two years of your marriage. You shall (as a primary member) receive a 10 year GC. You will need to file for your wife again to remove the conditions after completing two years of your marriage. No big deal. Just chill and attend the rally. No one can tell you how long will it take it to get your actual GC though.
BNB326
08-20 03:06 PM
Hello, Thanks for your reply
Currently, i am in H1b and my Spouce is in H4. She is attending school in H4 visa (She got stampted and has valid i-94 till June 2011). My employer said my job will be termineted after 1 month. Can my spouce change H4 to F1 and start to attend the school or she has to wait until she get F1 COS approved? In the mean time, can i change my H1 to her f2(dependent) once she file F1 but not approved.
And are there any other options if i did not get a job to transfer my H1B?
Thanks
Currently, i am in H1b and my Spouce is in H4. She is attending school in H4 visa (She got stampted and has valid i-94 till June 2011). My employer said my job will be termineted after 1 month. Can my spouce change H4 to F1 and start to attend the school or she has to wait until she get F1 COS approved? In the mean time, can i change my H1 to her f2(dependent) once she file F1 but not approved.
And are there any other options if i did not get a job to transfer my H1B?
Thanks
more...
Becks
01-21 06:47 PM
This is relevant question and I feel that if recession hits US, consultancy companies may ask people go and work offshore till situation gets better. Most of big consultancy firms have projects from non-US countries so they may utilize people offshore.
I hope situation wont get that worse. Just a thought.
I hope situation wont get that worse. Just a thought.
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starscream
09-10 09:40 PM
Friends please see situation below:
My PERM labor mentions 24 months of experience required for my current position. PERM has been approved and I-140 is pending.
I got experience letters from 2 of my previous employers as proof of experience:
Letter from Company A on company letterhead signed by the Director stating I worked there from Feb, 2004 to oct 2005.(18 months)
Letter from Company B on company letterhead signed by my former manager stating I worked there for approx 17 and a half months.
Both these letters together cover all the skills mentioned in PERM 9089 form that are required for my current position as well as the experience of 24 months and the content of both letters has been okayed by my employer's lawyers.
There is one issue tough: On PERM labor form 9089 in Section K (alien work experience) for my company A job, start date has been mentioned as 12/01/2003, whereas the Company A letter mentions it as february 2004. This is because from 12/01/2003 to the beginning of February 2004 I was being trained and started my client engagement in February 2004. Hence company A mentioned February 2004 as the start date. For Company B the start/end dates on the letter and fPERM labor form 9089 match exactly.
Would the 2 months difference in start date for Company A cause a issue with the I-140 like geting RFE - even tough skills and duration of work experience that were mentioned in the labor are supported by the 2 letters???
Thanks
My PERM labor mentions 24 months of experience required for my current position. PERM has been approved and I-140 is pending.
I got experience letters from 2 of my previous employers as proof of experience:
Letter from Company A on company letterhead signed by the Director stating I worked there from Feb, 2004 to oct 2005.(18 months)
Letter from Company B on company letterhead signed by my former manager stating I worked there for approx 17 and a half months.
Both these letters together cover all the skills mentioned in PERM 9089 form that are required for my current position as well as the experience of 24 months and the content of both letters has been okayed by my employer's lawyers.
There is one issue tough: On PERM labor form 9089 in Section K (alien work experience) for my company A job, start date has been mentioned as 12/01/2003, whereas the Company A letter mentions it as february 2004. This is because from 12/01/2003 to the beginning of February 2004 I was being trained and started my client engagement in February 2004. Hence company A mentioned February 2004 as the start date. For Company B the start/end dates on the letter and fPERM labor form 9089 match exactly.
Would the 2 months difference in start date for Company A cause a issue with the I-140 like geting RFE - even tough skills and duration of work experience that were mentioned in the labor are supported by the 2 letters???
Thanks
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badluck
08-02 11:22 AM
I dont think so..Fingerprinting is necessary
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buehler
02-12 08:28 AM
My wife was also in the same situation. We hired a good Driving Violations lawyer. He reduced it to a no points 'Reckless Driving' ticket. It did increase our insurance premiums but no other effect.
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beautifulMind
04-17 10:35 PM
I am currently on EAD from 485 application (no H1b)..My 485 is applied in eb3 category. Also i-140 is approved.. I have moved to a new position in the same compnay where the job duties are 50% different from the earlier position.The Position also entitles me to start another Green card application under EB2. My QUestion is
Is it possible to apply for another GC in Eb2 and use the EAd status from the Eb3 application? Since I do not have
an h1b my only valid status in US is EAD and 485 from the Eb3 application
Is it possible to apply for another GC in Eb2 and use the EAd status from the Eb3 application? Since I do not have
an h1b my only valid status in US is EAD and 485 from the Eb3 application
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hibworker
11-24 04:08 PM
What I mentioned above applies to new H1 filing. The person can start working as soon as H1 is approved which can be as quickly as 15 days or less if done under Premium Processing.
People who have been counted against the quota in the last 6 years are exempt from it and can apply for new H1 with different employer without being subjected to the quota again.
People who have been counted against the quota in the last 6 years are exempt from it and can apply for new H1 with different employer without being subjected to the quota again.
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gcformeornot
06-16 03:07 PM
___________
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vik352
03-20 12:40 PM
Hi,
I have a master's degree from a top US university but my current employer applied my GC in the EB3 category. I am planning to move to a different company which is willing to apply in the EB2 category. I have an approved 1-140 with the current employer and my I-485 was sent in July/August. Here are the steps I think I should take after moving to the new company:
1) After I move to the new company, I can send AC-21 and continue my GC in the Eb3 category.
2) File a new LC. Send new I-140 in EB2 asking them to use the old PD from the approved EB3 category.
My question is
1) Will I run into any issues for my EB3 because the new I-140 is in EB2? I dont want to jeopardise my EB3 application.
2) Should I not send AC21 if I am planning to switch to EB2 category. My current employer does not revoke I140 even after I move to the new company (anyway, I am doing this after 180 days of I-485).
Any input is appreciated.
I have a master's degree from a top US university but my current employer applied my GC in the EB3 category. I am planning to move to a different company which is willing to apply in the EB2 category. I have an approved 1-140 with the current employer and my I-485 was sent in July/August. Here are the steps I think I should take after moving to the new company:
1) After I move to the new company, I can send AC-21 and continue my GC in the Eb3 category.
2) File a new LC. Send new I-140 in EB2 asking them to use the old PD from the approved EB3 category.
My question is
1) Will I run into any issues for my EB3 because the new I-140 is in EB2? I dont want to jeopardise my EB3 application.
2) Should I not send AC21 if I am planning to switch to EB2 category. My current employer does not revoke I140 even after I move to the new company (anyway, I am doing this after 180 days of I-485).
Any input is appreciated.
more...
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pdakwala
05-27 02:11 PM
Hey Folks,
I want to talk to an individual who is stuck at the Backlog elemination center. I am in touch with the reporter who is working on the story for the people who are stuck at BEC.
The topic is how would the current bill debated in the senate would affect people who are stuck at the labor process and their application is stuck at the BEC.
This is very urgent so please call me at 408 204 2200 if you are living in bay area. Please call me directly. DO NOT SENT ME A PM.
I want to talk to an individual who is stuck at the Backlog elemination center. I am in touch with the reporter who is working on the story for the people who are stuck at BEC.
The topic is how would the current bill debated in the senate would affect people who are stuck at the labor process and their application is stuck at the BEC.
This is very urgent so please call me at 408 204 2200 if you are living in bay area. Please call me directly. DO NOT SENT ME A PM.
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furiouspride
08-24 07:10 PM
Ok you have an H1 with an employer and you got another job offer in a different company through this employer? How is this possible?
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nviren
05-24 08:06 PM
Guys,
Please give me your inputs.
Thanks,
Please give me your inputs.
Thanks,
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psaxena
01-14 02:16 PM
While driving back , at POE the process is simple. Always show your AP before passport and they will let you in. Never show the passport before the AP.
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aguy
07-27 05:40 PM
Does it mean that if she graduates before the I-485 is approved, she cannot work? Or can she accept employment on the green card EAD even though the I-140/I-485 are pending. What will be her status during that period?
bsrik77
08-01 01:09 AM
I got a response from my lawyer too and he said that there are no issues with this - she can change her job without a problem. Thanks everyone for the responses.
Blog Feeds
11-05 08:40 AM
Philip Wolgin lists on Huffington Post his ideas for smaller items Congress could consider since CIR is effectively dead. Some are obvious, but others less so. They are 1. DREAM Act 2. AgJobs 3. Make the EB-1 category more reasonable. 4. Create a more reasonable bar on those accused of providing material support to terrorists to cover those essentially involuntarily providing the support. 5. Eliminate the one year bar on asylum claims.
More... (http://blogs.ilw.com/gregsiskind/2010/11/five-ideas-that-might-appeal-to-reasonable-republicans.html)
More... (http://blogs.ilw.com/gregsiskind/2010/11/five-ideas-that-might-appeal-to-reasonable-republicans.html)
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