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gcsim

07-19 08:56 AM

I did my address change last month and got soft update...my dates are also current.On friday I got a notice from USCIS for biometrics...don't know what triggered it..still waiting for the biometrics notice for my family.

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lostinbeta

09-06 03:22 PM

Hey, thanks Hojo, it took me a while to get that text to work correctly on the board. Darn CSS. I was trying to use span tags when I really needed to use div tags.

Your footer doesn't show Hojo? I right click and it says Movie Not Loaded.

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swartzphotography

March 5th, 2007, 09:54 AM

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Does EAD make H1B INVALID for same company?? [Archive] - Immigration Voice

View Full Version : Does EAD make H1B INVALID for same company??

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mariner5555

05-24 10:17 PM

Hi Gurus...

I am one of the July 2007 EAD filers and did not file for AP at that time.

So I am in the process of the renewing EAD & Applying for AP for the first time.

I have couple of questions..
http://immigrationvoice.org/forum/images/icons/icon8.gif
Angry
do you get Finger Printing for EAD Renewal ?

do you get Finger Printing / Biometrics for first time applying of AP [Advance Parole]

Your help is much appreciated
this is my experience - I efiled for myself for EAD only (no AP applied so far - we had been to India recently) and I got a FP notice. for my wife, I sent my postal mail and she didnt get any FP notice -- we already recd her EAD card (in roughly 25 - 30 days).
I had efiled mine few days before her and so
far nothing - only soft LUD's.
and yes ..EAD was renewed for only one year ..so I guess USCIS still treats this as a cash cow !!!
http://immigrationvoice.org/forum/images/icons/icon8.gif
Angry

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myimmiv

02-25 02:48 PM

Well, I just wanted to throw this out there, since I did not get any definite answer from any forums.

When in need for I-485 issues, who is better to contact - Congressman or Senator.

I just want to know the pros and cons of each and maybe this analysis will help others down the line.

Points to note are:
1. There are more congressman in a particular state than senators. There are only 2 senators in a state.

2. Senators are more powerful than congressman (not sure that this power applies for talking to USCIS or not)

3. Senators and congressman have different terms in office. Hence is it better to contact someone who is going to stay longer, or someone who is up for election soon and hence may help.

4. For a particular USCIS case, can we contact both congressman and senator at the same time. Is this good.

Can members throw some light on this based on their prior experience and based on their knowledge.

Thanks in advance.

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yettapu

01-26 03:10 PM

when i click that Vote its not doing anything. Where I can register in the site so that it will reflect who voted for surveys??

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rockstart

07-07 08:30 AM

Is your PD current? Can you post details just wondering in case your PD is not current is USCIS still working on your case and preparing for future.

I just received this RFE on my spouse's I-485 application. It states that while the applicant's name is spelt **i**** on the application it is spelt **ee**** on the birth and marriage registration certificate. The RFE states that they require some sort of document to show that name was officially changed. In a following note the RFE states that the document (I would assume the green card) that the USCIS will issue will be issued in the name on the birth certificate instead of on I-485 application if sufficient proof of registration of name change is not provided. Only a copy of the passport will not be treated as sufficient proof and supporting documentation that the name was registered with authority has to be provided for the USCIS to accept the name change.

Did anyone face this type of issue. What did you do. Any information would be appreciated as I have no clue about how to deal with this. I will ofcourse consult a lawyer at the beginning of next week but would like some advice.

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thomasstuart

11-22 05:59 AM

Hi there,

I haven't got any ideas, but I was wondering if you ever got a solution
as I would like to do the same thing. Cheers!

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mdipi

10-22 08:34 PM

i am making another image for my site, but i wanna have links ON the image, how do i do this? I am using PS7 by the way!

-mike:cyclops:

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indio0617

01-08 02:53 PM

Hello,

My brother-in-law and sister are both Indian Doctors, having a private practice in INDIA. They would like to apply for visitor's visa.

Any suggestion about the problems they may encounter? Do they have to go on two differrent dates for getting the visa stampped at Chennai?

Thanks in Advance,

They can apply together as Husband and wife. They will have to go through the normal procedure for a visitor visa B-2. The important thing will be to prove their non-immigrant intent to the consular officer and that they WILL return to INDIA after their temporary stay.

I would say it is a 50 -50 chance given their profile.

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EB-VoiceImmigration

09-18 11:56 AM

@Pinky001:

To the best of my knowledge, here are the answers to your Q's

1) No (because you are applying for different class)
2) H1 and H4 are not in same class.

Why I said H1 and H4 is not in same class is, when you choose "Purpose of Travel" as "working in USA" then they are showing multiple choices for "Select Visa class". where it lists H1 , H2, h3 etc.. separately. When H1 and H2/ H3 are not in same class then how H4 will be of same class as H1.

Also refer the link below. where it listed H1 and H4 separately in Visa class table.
Non-Immigrant Visas - Visa Classes (http://madrid.usembassy.gov/cons/nonimmigvisaclasses.html)

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gotgc?

09-14 10:20 AM

Thanks for all your replies!

My understanding is the same as Glus and Raj. However, I am also afraid that GCHope2011 might be right, in which case I might stay illegally more than 180 days if I wait long enough and would have to wait 3 years to get back to the U.S.

I was holding H4 visa before I started using the EAD.

Relinking the 485 with my approved NIW 140 is probably not going to work as my priority date for that is Feb,2008 and it is not current yet.

I definitely want to speak with an attorney so Gus I will PM you.

You are fine man..I was in the same situation as yours...I had filed for LC Sub I140 in June 2006 and it was pending. I filed I-485 in July 2007 based on this I-140. Then I filed another I-140 in Jan 2008 based on my original labor and it was approved in Feb 2008. All this time, my first I140 was pending and it was denied in Sep 2008. I thought I am ggoing to lose my I-485 because it was filed based on that.

My lawyers confirmed me from AILA Inquiry that my I-485 will still be active based on the I-140 approved in Feb 2008. You dont need any re-linking. All USCIS needs ti keep I-485 active is one approved I-140. I confirmed this with 2 Info pass appts. My I-485 is pre-adjudicated status and it has been 2 years...got multiple EADs, AP, travelled and came in..no issues...so dont worry. Your I-485 will be actibe based on your approved I-140. You dont need any re-links.

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thakgaya

03-29 08:30 PM

I also got the same mail and I sent the letter to my company attorney who responded.
Please attach both the EB3 and EB2 I-140 approval notices, EVL from current employer which matches or similar to the one specified when you filed your EB2 labor. Also attach the latest paystubs.

EB3 Priority Date : Oct 2003
EB2 Priority Date: Mar 2006
I485 Filed - July 31,2007
2 EAD's
3 AP's
I 485 Approval Notice email - 26 Mar 2010

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kak1978

09-24 10:50 AM

but we received an RFE Yday forwarded from my old address which I moved out 1 year ago and filed AR11.

also the RFE stated that there is no G28 representation on our case and worst thing was online status is still pending.

We had lost 13 valuable days because of address they used in RFE.

Good Luck.!!

What was your RFE about?

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Desertfox

02-06 03:52 AM

Recently I was asked by a state University to submit additional documentation to prove my legal resident status in the United States after I presented I-485 receipt notice.

My question is, which section of the immigration law explicitly says that an AOS applicant has legal resident status in the United States at the discretion of Attorney General? I have asked this question on various immigration blogs/forums, but I am yet to get an answer.

There was a recent incident mentioned in Carl Shusterman's website and a Pilipino family was detained for hours by border patrol in California near Mexico border for having expired I-94 on passport even though they had I-485 receipt notices with them. I drive on I-8 frequently, and it might help quoting from the law if I ever face a similar situation.

Thanks in advance for your comments on this.

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sapota

10-18 06:03 PM

Thats not true.. A few days back I read on IV forum itself that around 10K were wasted this year too.

Was it reported from AILA or ombudsman or someone making prediction? A few days ago, USCIS issued a report saying that they approved 60k GCs due to the July fiasco. That should cover all available visa numbers for FY 2007.

From Oh law breaking news :

10/17/2007: Total of 60,000+ EB-485 Applications Adjudicated During July-August-September by NSC and TSC

* AILA has reported that during the period of July, August, and September 2007, Nebraska Service Center and Texas Service Center adjudicated 60,000 plus EB-485 applications. Since EB visa number was unavailable for the entire EB cases in August, presumedly a substantial portion of these cases could include those cases for which the EB visa numbers were pull out before July 2, 2007 in June and adjudicated throughout the period as reported by some I-485 applicants who reported that their I-485 applications were approved when the visa number was unavailable. Interesting.

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ksrk

08-15 02:13 PM

Thank you ksrk for your reply on validity of I-94.
I know I become paroled if i enter using AP.
As my H1 extension is pending.. What happens to my H1B status when I return in following scenareos?
1) If H1 approval comes after I arrive
2) If H1 is approved when I am in India.

Thanks

1) If H1 approval comes through after you arrive in the US AND the attached I-94 is dated after your date of entry, then that I-94 becomes effective and you will be on H1B status in the US.

2) Else, the I-94 you receive when you enter the US becomes effective and you will be a parolee.

-K

DISCLAIMER - Not legal advice. Based on personal anecodes, opinions and preferences.

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buehler

07-14 09:48 AM

The EB numbers from 2006 also include the Schedule A workers and they were not constrained by the 7% limit. That is why India and Philippines were able to get more than 7%

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eastindia

04-26 02:14 PM

Why did we all come to USA?

Did any of you knew the Green card problems when you came?

Did you know the problems when you applied for greencard many years ago?

When was the first time you found out there was a ling wait period and so many problems?

raydon

09-16 11:18 PM

It might be difficult to switch to F1 from H1, especially after getting into the greencard process. Since the F1 visa is a non-immigrant type, you might need to demonstrate that you have no intention to immigrate.

Alternatively you could do the part time MBA on H1, if your employer is supportive of that. Full time MBA on an H1 could be dicey. You need to find out if it is doable with EAD status.

martinvisalaw

04-02 01:18 PM

As other posters have said, your wife should file her H-4 extension ASAP, requesting a backdated (nunc pro tunc) approval. I have done a number of similar cases and had them approved, but this is no guarantee that your wife's would be approved. She does need to explain the delay in filing, and be prepared to leave the US if there is no decision on her extension by about mid-July.

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