flresident
04-08 01:55 PM
Question regarding Current Immigration Status field on EAD renewal form:
I am applying for EAD renewal for my spouse. Currently she is on H-4 but I am soon planning to use EAD to start another job. I guess my spouse's status will also change from H-4 to AOS (I guess) at the same time. What should be current immigration status for my spouse when I have already started working on another job using EAD.
BTW, I used paper filing for both of us.
Thanks for your input.
I am applying for EAD renewal for my spouse. Currently she is on H-4 but I am soon planning to use EAD to start another job. I guess my spouse's status will also change from H-4 to AOS (I guess) at the same time. What should be current immigration status for my spouse when I have already started working on another job using EAD.
BTW, I used paper filing for both of us.
Thanks for your input.
chanduv23
10-09 10:35 AM
^^^^^^^^^^^^
geniousatwork
03-31 12:16 PM
Congratulations...
andycool
12-14 05:14 PM
Well, you have to quit job in USA before moving to India. When you go out of USA, your H1-B status is gone. Read gain, your H1 status is gone. So your spouse can not be on H4.
You should consider getting professional advice both for your immigration issues as well as your personality disorder.
Get a life!!!
________________
Not a legal advice.
kavitha Tell your husband go file for a new H1B for him or file a F1 , if not once your company withdraws your H1B petition he is out of status and will be come illegal ...
hope this helps
Thanks
You should consider getting professional advice both for your immigration issues as well as your personality disorder.
Get a life!!!
________________
Not a legal advice.
kavitha Tell your husband go file for a new H1B for him or file a F1 , if not once your company withdraws your H1B petition he is out of status and will be come illegal ...
hope this helps
Thanks
more...
VivekAhuja
11-25 11:27 PM
CIR must be defeated. It has no benefits for legal immigrants but only for illegal immigrants. Worksite enforcement must be increased to make it impossible for illegal immigrants to make a living in the USA. If not, USA will become like Mexico and USA will lose it's magnet for attracting the world's best!
The economic basis for CIR is stupid. Illegals can still pay taxes using a TIN number. Most illegals make minimum wage - some might not even fall under the preview of the US tax law.
CIR is only a way for hispanic politicians to gain ground in the US. 90% of US problems are because of illegal immigration. Imagine if we have 15 million illegals legal - now, they are no longer doing jobs tha Americans want to do but they feel (and are probably going get fast track) like they are American citizens and demand non-farm American jobs. The whole cycle is stupid.
The economic basis for CIR is stupid. Illegals can still pay taxes using a TIN number. Most illegals make minimum wage - some might not even fall under the preview of the US tax law.
CIR is only a way for hispanic politicians to gain ground in the US. 90% of US problems are because of illegal immigration. Imagine if we have 15 million illegals legal - now, they are no longer doing jobs tha Americans want to do but they feel (and are probably going get fast track) like they are American citizens and demand non-farm American jobs. The whole cycle is stupid.
greenhorn
12-09 01:55 PM
When does the H-1 B fiscal year start? Is it April? So for example, people apply in April 2007 for the 2007 fiscal year and start working from April 2007?
In this case of transfer from non profit to for profit, is the priority date portable after I-140 approval?
This is a different question. Is the government job also regarded as cap exempt non profit?
Thank you very much for your help! Our immigration gods bless you!
Best,
I am surprised some one in an earlier post said they switched from a non-profit to a for-profit, without being counted against the cap.
I work for an NPO too and here is what i know:
If u have always worked for a non-profit on ur H1, transferring from a non-profit to a for-profit does require that u are subject to the H1B quota. So u will need to make sure the h1B quota is available before u switch. And that can be tricky.. because though, the quota opens in Apr, from what i understand, u would have to wait until October of that year to start working. You would have to find an employer who would be willing to file for an H1 for u by Apr/May before the H1 quota fills up, and wait until October for u to start work.
Only institutions of higher education, non-profit entities affiliated to such institutions or non-profit research / governmental research organizations that fall under certain sections of USC,under the Higher Education Act of 1965 qualify for the H1B cap exemption. You would have to check with ur prospective employer to find out if they qualify if u want to switch to another non-profit.
As for the priority date after 1-140 approval, i don't see any reason why it would not be portable.. but u would have to check on that.
In this case of transfer from non profit to for profit, is the priority date portable after I-140 approval?
This is a different question. Is the government job also regarded as cap exempt non profit?
Thank you very much for your help! Our immigration gods bless you!
Best,
I am surprised some one in an earlier post said they switched from a non-profit to a for-profit, without being counted against the cap.
I work for an NPO too and here is what i know:
If u have always worked for a non-profit on ur H1, transferring from a non-profit to a for-profit does require that u are subject to the H1B quota. So u will need to make sure the h1B quota is available before u switch. And that can be tricky.. because though, the quota opens in Apr, from what i understand, u would have to wait until October of that year to start working. You would have to find an employer who would be willing to file for an H1 for u by Apr/May before the H1 quota fills up, and wait until October for u to start work.
Only institutions of higher education, non-profit entities affiliated to such institutions or non-profit research / governmental research organizations that fall under certain sections of USC,under the Higher Education Act of 1965 qualify for the H1B cap exemption. You would have to check with ur prospective employer to find out if they qualify if u want to switch to another non-profit.
As for the priority date after 1-140 approval, i don't see any reason why it would not be portable.. but u would have to check on that.
more...
san3297
06-29 03:36 PM
Hi Martin,
Thanks for the reply i too was looking an answer for this question.As it is partly answered my question i am posting the remaining question of mine.Sorry for posting in thread not created by me.
If i apply for H1 Extension and Travel outside US and While returning back if i enter with my Visa which is valid only till Nov 2009 and do not have H1 Extension Approval document in my hand what should i need to do.Do i need to travel outside the country again after getting my H1 Extension approval and before my H1B Visa Expires. What is the solution for this scenario.
Thanks for the reply i too was looking an answer for this question.As it is partly answered my question i am posting the remaining question of mine.Sorry for posting in thread not created by me.
If i apply for H1 Extension and Travel outside US and While returning back if i enter with my Visa which is valid only till Nov 2009 and do not have H1 Extension Approval document in my hand what should i need to do.Do i need to travel outside the country again after getting my H1 Extension approval and before my H1B Visa Expires. What is the solution for this scenario.
GooblyWoobly
09-26 06:43 PM
My wife is in h4 now and received the EAD. I also received it, everybody is saying if she uses her EAD her H4 will be invalid. Is that a good or bad thing? What about she lost her job after three months? what will be her status? also is we travel using the AP what will be her status? or it doesn't matter as long you have the EAD and AP......
Yes, she will lose her H4 status if she uses EAD. Her new status will be 485-pending.
At this point, if she quits/loses job, that's fine, as her status is not bound to the EAD/job, but to her 485 pending status. She will be able to travel on AP, or apply for new H4 outside (I'm not sure about the later part, so, I'd suggest using AP).
The only risk is, if her 485 application gets denied, she will be out of status, and will have to leave immediately. However, if you still have your H1 valid, she can apply for an H4 again outside the country.
Yes, she will lose her H4 status if she uses EAD. Her new status will be 485-pending.
At this point, if she quits/loses job, that's fine, as her status is not bound to the EAD/job, but to her 485 pending status. She will be able to travel on AP, or apply for new H4 outside (I'm not sure about the later part, so, I'd suggest using AP).
The only risk is, if her 485 application gets denied, she will be out of status, and will have to leave immediately. However, if you still have your H1 valid, she can apply for an H4 again outside the country.
more...
hsm2007
09-20 08:58 PM
Yes I am going to consult either Murthy or Rajeev. But my problem is that my company which is a big corporate will only give a EVL based on the format that the company's attorney prepare. So even though I can consult Murthy but no way I will be able to use their advice as my current employer will only do what their attorney tells them.
I am in a fix as to what to do? My current employer is a big corporate and don't work with personal attorneys. And HR policies are also very stringent.
Even if I want I can't use Murthy/Rajeev/Ron to respond to this RFE.
So confused what to do
I am in a fix as to what to do? My current employer is a big corporate and don't work with personal attorneys. And HR policies are also very stringent.
Even if I want I can't use Murthy/Rajeev/Ron to respond to this RFE.
So confused what to do
hpandey
01-02 02:16 PM
Hi Everybody,
I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.
When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??
As Lacrosse said most probably 3-4 years but you never know .. you can get lucky like this year when USCIS made everything current for July . If a month like that comes along then you would be able to file for AOS .
A miracle can happen but if it doesn't your wait time could be anything from 3 - 5 years or
I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.
When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??
As Lacrosse said most probably 3-4 years but you never know .. you can get lucky like this year when USCIS made everything current for July . If a month like that comes along then you would be able to file for AOS .
A miracle can happen but if it doesn't your wait time could be anything from 3 - 5 years or
more...
nozerd
09-06 01:42 PM
Can H1 visa stamp be used for travel convenience ?
I am EB3 India with PD of August 2001. I 140 approved but cant file I 485 due to retro. I have sent in my application for 8th -10th yr H1 extension. I am already Canadian PR landed in April 2005 so basically need to do something in early 2008 if I still need to hold on to my Canadian PR. I have worked for same firm since last 7 + yrs and they are quite cooperative within limits.
I wanted to know if I can work for my company's Canadian operations and still hold H1 visa and travel on that H1 visa. Please note that I will be on Canadian payroll. Is this legal ? Is it ok for the company to keep extending my H1 ? I know they can keep my Green card case alive but what about H1 ?
Is it ok to stay outside US and get paid outside US and still use H1 visa to travel ?
I am EB3 India with PD of August 2001. I 140 approved but cant file I 485 due to retro. I have sent in my application for 8th -10th yr H1 extension. I am already Canadian PR landed in April 2005 so basically need to do something in early 2008 if I still need to hold on to my Canadian PR. I have worked for same firm since last 7 + yrs and they are quite cooperative within limits.
I wanted to know if I can work for my company's Canadian operations and still hold H1 visa and travel on that H1 visa. Please note that I will be on Canadian payroll. Is this legal ? Is it ok for the company to keep extending my H1 ? I know they can keep my Green card case alive but what about H1 ?
Is it ok to stay outside US and get paid outside US and still use H1 visa to travel ?
mytrix76
01-10 01:20 PM
My wife's H1 is valid until 2009. We have to travel to Canada very soon and she will return on AP (EAD approved). Can she continue on H1 for the sponsoring company as it is or any amendment/filing has to be done to regain the H1 status. I dont want her to switch to EAD (just in case things go wrong down the lane)
I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
http://www.murthy.com/news/UDnewins.html
"An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."
Can some one please throw some light.
Thanks
I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
http://www.murthy.com/news/UDnewins.html
"An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."
Can some one please throw some light.
Thanks
more...
partha_vus
02-13 05:19 PM
Hi,
My PD Jan 2001( I ported PD - NOT SUBSTITUIE). I filed on July 2, 2007 for 485. I don't see any LUD's. Any guess what might be ahppening with my case.
thanks,
My PD Jan 2001( I ported PD - NOT SUBSTITUIE). I filed on July 2, 2007 for 485. I don't see any LUD's. Any guess what might be ahppening with my case.
thanks,
dummgelauft
08-20 02:06 PM
Sir, You while your ideas are defintely ground-braking, my we know, how an "apology form USCIS" will help you with the rest of the "ideas" that your goodself has proposed.
IMHO, the SINGLE most important "fix" (apart from Visa recpature and such) will be the removal of condition to remain employed, if an EB applicant's application is pending for more than 3..4..or 5 years.
This alone will bring a lot of stability and peace of mind to the thousands who are suffering.
IMHO, the SINGLE most important "fix" (apart from Visa recpature and such) will be the removal of condition to remain employed, if an EB applicant's application is pending for more than 3..4..or 5 years.
This alone will bring a lot of stability and peace of mind to the thousands who are suffering.
more...
Ramkumar
03-17 10:58 AM
Hi,
I�m in EB2 and My I-140 was approved September 2008 through Employer A. And I got laid off on November 2009 from EMP A, within 15 days I joined another Employer B. As per policy, employer B is not going to file GC for me. Already I spend 5 years on my H1B. I check with EMP A�s HR dept, they will not revoke my I-140 and H1B. I know AC21 is one of the options to transfer (Portability) my PD to Emp B after apply I-485.
It would be great if I get answer the below my Question:
1. If my PD is current, Will I eligible to apply I-485 using Employer A I-140 approved?
2. What are the documents needed from employer A, if I want apply I-485?
3. All my friends telling me, I can apply I-485, Is it true?
Tons of Thanks,
Ramkumar
I�m in EB2 and My I-140 was approved September 2008 through Employer A. And I got laid off on November 2009 from EMP A, within 15 days I joined another Employer B. As per policy, employer B is not going to file GC for me. Already I spend 5 years on my H1B. I check with EMP A�s HR dept, they will not revoke my I-140 and H1B. I know AC21 is one of the options to transfer (Portability) my PD to Emp B after apply I-485.
It would be great if I get answer the below my Question:
1. If my PD is current, Will I eligible to apply I-485 using Employer A I-140 approved?
2. What are the documents needed from employer A, if I want apply I-485?
3. All my friends telling me, I can apply I-485, Is it true?
Tons of Thanks,
Ramkumar
pd052009
04-14 11:51 AM
Considering,
- EB3-EB2 upgrade
- Slow VB date movement
- No FB spillover
- Growing economy (which will further reduce the spillover/across numbers further in coming years)
Have you ever wondered what are the options you have?
We know, we are stuck with H1. Some of our problems are
- Resumes are rejected as many(most) companies prefer Citizens/GC/EAD than H1.
- Many RFEs and question with H1 Extn.
- Getting visa stamp at consulates is a (mental) pain.
- Consider the time spent from vacation for getting visastamps.
- Problems at port of entry( So many questions). We don't know what is new in store when we comeback from vacation.
- Pain of planning for a short visit(week) for emergency issues/family functions.
- Hard time in finding a H1 sponsor for H4 dependants
We know for sure that we are not going to get GC now. We don't know the exact wait time. What is our interim relief? Have you ever wondered how an EAD and AP will help you in the current situation? Have you ever dreamt the return of summer of 2007?
If you think/believe that EAD+AP can bring positive change in your life, please join us. Show your support by voting in http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here.html
Lets gather in that thread for our relief.
- EB3-EB2 upgrade
- Slow VB date movement
- No FB spillover
- Growing economy (which will further reduce the spillover/across numbers further in coming years)
Have you ever wondered what are the options you have?
We know, we are stuck with H1. Some of our problems are
- Resumes are rejected as many(most) companies prefer Citizens/GC/EAD than H1.
- Many RFEs and question with H1 Extn.
- Getting visa stamp at consulates is a (mental) pain.
- Consider the time spent from vacation for getting visastamps.
- Problems at port of entry( So many questions). We don't know what is new in store when we comeback from vacation.
- Pain of planning for a short visit(week) for emergency issues/family functions.
- Hard time in finding a H1 sponsor for H4 dependants
We know for sure that we are not going to get GC now. We don't know the exact wait time. What is our interim relief? Have you ever wondered how an EAD and AP will help you in the current situation? Have you ever dreamt the return of summer of 2007?
If you think/believe that EAD+AP can bring positive change in your life, please join us. Show your support by voting in http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here.html
Lets gather in that thread for our relief.
more...
styrum
03-14 02:09 PM
hello,
My mother has 10 yr multiple entry visa. She is planning to travel from Bangalore India to USA through Lufthansa Airways. She has a stop over at Frankfurt airport for about 3 hrs. Does she need to get a transit visa for that. Any recent experience or suggestion? Thanks.
No, she doesn't need a EU/German visa if she doesn't leave the "transit area". She can get so called "airport visa" from a German consulate if she has more time between flights and wants to go see the city or spend a night in a hotel.
My relatives had to spend a night on the way from Russia on benches there, because they didn't have a visa and couldn't get out of the "transit zone". But they were OK with that. The "zone" is pretty large. You can buy food, but as for rest, all there is there are benches.
My mother has 10 yr multiple entry visa. She is planning to travel from Bangalore India to USA through Lufthansa Airways. She has a stop over at Frankfurt airport for about 3 hrs. Does she need to get a transit visa for that. Any recent experience or suggestion? Thanks.
No, she doesn't need a EU/German visa if she doesn't leave the "transit area". She can get so called "airport visa" from a German consulate if she has more time between flights and wants to go see the city or spend a night in a hotel.
My relatives had to spend a night on the way from Russia on benches there, because they didn't have a visa and couldn't get out of the "transit zone". But they were OK with that. The "zone" is pretty large. You can buy food, but as for rest, all there is there are benches.
jliechty
January 4th, 2005, 11:25 PM
The selective coloration of this one works well, IMHO.
gsc999
01-17 10:46 PM
Hello Northern California,
We are going to kick start a huge "Sign & Dine" campaign in Northern California to support Administrative Fix effort. This is the time to show your support.
This is what we need:
- We need you to join us and show support for IV at a social event this Sunday(01/20) @ 11:30 a.m. in Sunnyvale. PM me or join Nor. Cal IV Yahoo group for details regarding address of the venue. We will have the Admin Fix letters ready for you to sign. So come and put your signatures and we will have some tasty snacks ready for you to eat***
- We need volunteers to call other IV members and motivate them to join the Admin Fix letter campaign
- We need volunteers to do some foot work in areas that have high legal immigrant traffic. I have done this, trust me, it is exciting work. We will provide you with flyers etc, we just need your time.
- Any other way you can help
Cheers!
***If you don't sign, that means no snacks
We are going to kick start a huge "Sign & Dine" campaign in Northern California to support Administrative Fix effort. This is the time to show your support.
This is what we need:
- We need you to join us and show support for IV at a social event this Sunday(01/20) @ 11:30 a.m. in Sunnyvale. PM me or join Nor. Cal IV Yahoo group for details regarding address of the venue. We will have the Admin Fix letters ready for you to sign. So come and put your signatures and we will have some tasty snacks ready for you to eat***
- We need volunteers to call other IV members and motivate them to join the Admin Fix letter campaign
- We need volunteers to do some foot work in areas that have high legal immigrant traffic. I have done this, trust me, it is exciting work. We will provide you with flyers etc, we just need your time.
- Any other way you can help
Cheers!
***If you don't sign, that means no snacks
dvb
07-28 02:16 PM
Does anyone know how you can claim social security when you are in India and not a permanent resident or citizen of the US ???
gc28262
01-16 04:48 PM
If I am going to get a new H1B ,do I still need to invoke AC21?
Invoke AC21 irrespective of whether you are joining the new employer on EAD/H1.
Invoke AC21 irrespective of whether you are joining the new employer on EAD/H1.
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