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  • desi3933
    06-22 09:50 AM
    [QUOTE=desi3933][COLOR="Blue"]1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st


    As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?

    Please advise.

    I have answered this question in my last post (#1 in post). Here we go again --

    By working on EAD she will be on AOS Pending status. In order to change to H4 back again, she needs to go out of country and re-enter US on H1 visa on or after Oct 1st.

    Not a legal advice.
    -----------------------------------
    Permanent Resident since May 2002




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  • jungalee43
    03-16 09:55 AM
    Thank you very much for your post. I am in identical situation and planning to use AP to travel to India. Your post gives me some confidence to travel.

    I just entered US using AP, and i am not working for my GC sponsored employer. POE is SFO, I had no issues. I will update this post with all the details tomorrow (since i am very tired after travelling). But just thought I will post this thread to let know that you may not have any issues if you dont work for the GC sponsored employer and enter using AP.

    Update to my post:

    Yesterday I entered US (POE = SFO) , all 3 in the family using AP. We also have one US citizen child. Used the visitors line. First level officer stamped the US citizen passport and gave it and told all 3 of us to go to the secondary. No other questions was asked.

    Went to a seperate room for secondary. There were around 15 people. We placed our passports in the holder there. 3 officers were there calling each one and asking them some questions. I was very much worried abt the much dreaded question - "are you working for the same company that sponsored ur GC". But to our greatest surprise, the officer checked everything in his computer, took one of the given 3 APs, put a parole stamp until one year from yesterday and gave us back 2 copies each. We were not even called to the counter. The officer did this and bought all the passports back to the seats where we were waiting. and he told us we are all set and said "Welcome back".. We believe that they did not call us because, we had a child with us. Thats it..so no issues. So dont worry folks, i hope and pray everyone should be ok for those who use AP.




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  • Tantra
    07-12 05:39 PM
    ^^^




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  • sidd_k2002
    02-11 01:45 PM
    Kederex,
    Were you working on H1 when you sponsored your parents for graduation? Because i am working on my OPT and that fears me most when i think of sponsoring my parents, since OPT is nothing but simply a part of F1 visa



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  • vin13
    02-11 03:04 PM
    There may not be a logical reason as to why your wife got an RFE for Medical and not you.

    I had a similar situation. I got an RFE for photos for AP application. But my wife did not get one. We had both got our pictures taken and processed at the same location. There was no issue with quality of photo either.

    Now we both have our AP. I do not care why she did not get an RFE.

    Maybe if you explain the details of the RFE someone may be able to discuss about it.

    Without details asking why did you not receive RFE does not make sense.:confused:




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  • logiclife
    05-14 04:37 PM
    Guys,

    The timing of this visa bulletin is suspicious. Right at the nick of time, when the senate is discussing increasing EB quotas, this news comes in. Plus they are saying that there will be forward movement, in the EB cut-off dates in the coming months to rhyme with the current negotatitions in Congress on CIR/ SKIL.

    IV should not step behind in their legislation efforts. Even, if visa bulletin dates are current today, they might retrogress later, when the I-485 application starts to process (Current I-485 processing time shows applications processing as of Sept. 10, 2006, which is 8 months before). No one knows, if eight months from now, the cut-off dates will retrogress further or advance, due to the BEC closing out in Sept. 2007 and PERM applications processed from March 2005 onwards.

    No one is scaling back. I dont really think there is any conspiracy to this and I think this is really good news.

    However the core group is still committed to getting retrogression issue addressed by congress. In fact, I am right now in DC and I am attending a briefing event tommorow. Aman was here last week thurs and Friday and will be here again next week. We are continuing efforts regardless of this big jump because we know that dates can move in reverse direction as it has in the past. In Oct 2005, EB3 dates took a huge movement backwards into 1998 and such reverse movements can happen again this year in October or in last quarter of fiscal year 2007. So we are taking this with cautious optimism and continuing our work with this.



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  • LostInGCProcess
    09-02 11:15 AM
    as per IRS - OP is on EAD not on H1B. I-9 form is sent to the Pay-roll company , they report the legal work status to IRS. If you have filled EAD on I-9 your legal work status is EAD and not H1b.
    OP does not have a F-1 EAD? clearly says he used AC21 whcih can only be used for employement based EAD.
    Our admin dept gets alert from Pay roll company when EAD validity is close to expiration. When I use EAD, USCIS does not know if I am using EAD untill I file a EAD renewal. there is a question in EAD renewal form - current status - H1B or AOS pending.
    If you want to remain on H1B- you have to go out of country - enter as h1B and also inform pay-roll about your new status.
    you might want to double check this info from valid source :)

    By far the best response to the question posted. I gave you a green. :)




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  • map_boiler
    07-18 09:26 AM
    I don't understand why you don't want to depend on I-485 as the only source? If it is a straight forward case, there should be no issues. Your husband can be on EAD and there is no need for him to be on a "365 day exile", as you put it. Unless of course, you're worried that the labor sub I-140 could be denied?



    I dont want to depend on pending I485 as the only source. I want each of us to have status independent of it.

    I do understand that he can apply H1 only in Apr 08 and start working from Oct 08.

    I am hoping a short visit will not reset his 365 day exile. One more query I have is can he leave US for around 10 days immediately after applying for I485. Should he apply for AP along with I485 or should he wait once he comes back after his short trip on a valid L2? Will it be OK ?



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  • nonimmi
    06-11 12:17 PM
    pappu,

    Can you please stop each such individual starting a new thread and misguide members. We have serious things to do and this guys are making it too annoying. I believe allowing all such people to start a new new thread is not a good idea.

    thanks.




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  • Shams
    10-24 03:04 PM
    Axilleus,

    My EAD status changed to "Card Production Ordered" on 10/15, changed to "Approval Notice Sent" on 10/20. I have received my card today (10/24).



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  • yagw
    07-27 12:28 AM
    I need your input.
    My PD was Feb 2006-EB2.
    I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.

    I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.

    1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
    I am thinking since the job change is very recent they might not know about this job change.


    Its not mandatory to file AC21. If at all any RFE for EVL, you can respond at that time with your new job info.


    2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?



    My understanding is, till your MTR is approved, you cannot work. Ofcourse, this applies only if you're using EAD based on that i-485. If you're still on H1/other visa or using EAD based on some other I-485, this wont apply to you.


    Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.


    I agree.. at this time just let it take the course...



    Thank you very much for your advice and help in this matter.

    BTW, if your address changed (since you mentioned the job is in different city), then you HAVE to file the AR-11 within 10 days. Don't take chance on that...

    DISCLAIMER: I am not an Attorney and this is not a legal advice.




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  • hopelessGC
    08-18 10:19 AM
    This is actually a very important matter for you; my best advise would be to contact a good attorney and get the advise. You do not want to put your GC in jeopardy based on opinion from other people who may have incomplete information.
    Just my opinion.
    Good Luck.

    I second that.



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  • vverma17
    08-19 06:44 PM
    Jingi I might not be able to help you, but I am also expecting RFE for my wife. Just anxious to know what was you RD and at which Service center.




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  • prolegalimmi
    03-27 08:41 PM
    Prolegalimmi,

    Our team is in contact with NPR. Are you working with sunil on this?

    Thanks,
    Berkeleybee

    No Berkeleybee. I just wrote the comments to the editor, and would like to, and wanted to encourage others to do the same so NPR feels a need to bring this view to the public. There are 300,000 of us affected, if only everyone wrote about this to anyone they could. If I am duplicating efforts, my apologies.



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  • Roger Binny
    05-27 10:44 PM
    Got the RFE document.
    Attorney forgot to mention "NONE" in Part3 - Sction C of my 485 application.

    Which center your 485 is in ?




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  • lonedesi
    05-03 06:37 AM
    I think it makes a lot of sense in what Janakp is conveying. These online petitions are no good and will achieve nothing. It is better we meet our congressmen/senators and convey these issues to them or their staff.



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  • Jaime
    09-14 05:25 PM
    To attend the rally:

    1- I canceled a business meeting - employer didn't like it
    2- I moved business travel around the rally, my boss also had to reschedule
    3- I am flying in from Texas

    Those of us near Washington, it will be so much easier than this for you to make it! Just get in your car or the train and go to DC for the day!

    WE REALLY REALLY NEED YOU!!! THIS IS NO JOKE GUYS!!!! PLEASE MAKE UP YOUR MIND AND ATTEND, YOU WILL BE SO GLAD YOU DID! ALREADY WE HAVE SOME GOOD PRESS BUZZ AND ARE BACKED BY HIGHER-UPS LIKE THE GOVERNORS AND SEN. CORNYN WITH HIS LATEST LEGISLATION. NOW ALL WE NEED IS YOU!!!!! PLEASE JOIN US!!!! YOU WILL BE GLAD YOU DID AND WE WILL SUCCEED TOGETHER!!! LET'S GO GUYS! THIS WILL BE HISTORIC!!!!




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  • Mera_Bharat_Mahan
    02-28 07:07 PM
    I am not sure why you all are all so worried about finger printing. No one is getting their GC anytime soon. PD for both EB2 and EB3 is either unavailable or in 2001. Even if FP takes a little while, don't worry.

    I have a friend who never got finger printed till he got his GC. So relax.




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  • bobby
    05-17 07:33 PM
    Contact the USCIS Ombudsman's office directly. http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
    If you search online you should be able to find the telephone number for the main switchboard at DHS in Washington and then ask for the ombudsmna's office. You will probably need to submit your problem in writing with supporting documentation. Weve had a problem where USCIS made an error and have been dealing with the ombudsman's office for over a year. Patience is needed and followup on a regular basis. Eventually the problem will be escalated to senir USCIS staff in Washington for resolution. Be tenacious!




    IllinoisGC
    05-26 01:09 PM
    Wondering, can any body clarify what 'now pending standard processing at a USCIS office.' means - if its a good sign - why and any experiences?? also 'a USCIS office' means National Benefits Center (MSC) or a local office?

    We really appreciate some one posting on this. Thanks in advance

    -------------------------------Status update on May 26 2009 ---------------

    Receipt Number: LINXXXXXXXXXX

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: This case is now pending at the office to which it was transferred.

    The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.

    this is final stage of processing, get ready for GC stamp on passport.
    Good luck.




    Dhundhun
    06-08 01:34 AM
    My Job ad says: Sr Business analyst wanted ... with MS/MBA or foreign equivalent with 5 yrs exp.

    I have
    BSc in physics - 3 yr India degree
    PG diploma in Instrumentation - 1 Yr India PG diploma
    PG dip in marketing mgmt - 1 Yr India PG dip (E learning)
    PG dip in buiness admin - 1 Yr India PG dip (E learning)
    MBA - 3 Yr India PG degree (E learning)

    6 yrs in healthcare, 2 yrs in sales, 5 yrs as Business analyst with Indian s/w vendor. 13 yrs in total.

    Does my job ad allow me to qualify for EB2? Will I have any issues at my I-140 stage? Pls share your thoughts

    If 5 yr exp. is there, then the required exp. should match. Can you match requirement list and show matching previous exp.? If so it should be EB2 - if not then I-140 will not be approved.

    This is the place lawyers provide better advise - how to match (req. vs exp.), so that they can defend case in case of RFE.

    As such the job req. seems to be EB2. It has no relationship with individual. Individual have to match it.