STK
02-08 02:01 AM
I've received my EAD+AP and I 485 (filed, priority date Nov 05) through my husband's GC process. I currently work on H1B (3 yrs remaining on my H1B). One week ago got laid off and working with same company till end of month. While looking for new job I'm unable to decided whether to maintain my H1-B status or switch to EAD.
1) If I switch to EAD and husband has problems in I485 approval, can I switch back to H1B for remaining time or do I fall under H1 cap and start from beginning.
2) Should I transfer to H4 before leaving job and then look for new job with EAD to save remainder of time on H1B which I can use if something goes wrong with EAD.
3) Would it be safer to get H1B transfer to new employer and forget EAD till husbands I-485 gets approved.
4) If I get a job on EAD, do I've to file something with INS to let them know that Im not working on H1B. If getting back on H1B from EAD, do I file regular H1B application through employer or process is different if you get back from EAD to H1.
Please help!!!!!! lay off from work is enough stress. I thought EAD would make life easier but more options means more confusion:confused:
1) If I switch to EAD and husband has problems in I485 approval, can I switch back to H1B for remaining time or do I fall under H1 cap and start from beginning.
2) Should I transfer to H4 before leaving job and then look for new job with EAD to save remainder of time on H1B which I can use if something goes wrong with EAD.
3) Would it be safer to get H1B transfer to new employer and forget EAD till husbands I-485 gets approved.
4) If I get a job on EAD, do I've to file something with INS to let them know that Im not working on H1B. If getting back on H1B from EAD, do I file regular H1B application through employer or process is different if you get back from EAD to H1.
Please help!!!!!! lay off from work is enough stress. I thought EAD would make life easier but more options means more confusion:confused:
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permfiling
09-27 10:40 PM
hi smuggymba,
As your H1 extension is in process you can continue working until you get the approval notice. One you get the approval notice u will have the new I-94 with it which you can attach to the current one in passport and later point u can go for visa stamping.
Take the advise of your attorney as well
As your H1 extension is in process you can continue working until you get the approval notice. One you get the approval notice u will have the new I-94 with it which you can attach to the current one in passport and later point u can go for visa stamping.
Take the advise of your attorney as well
bugsbunny
05-17 01:24 PM
Hi,
I will be done with my second master's this July 29. I have two months grace period to leave the country as I already used my OPT after my first master's. I have a job offer and they are willing to do my H1B which starts from October 2011. But my two months grace period will end this september 29. If my H1B is filed in September under Premium processing, will I be in status or out of status for those two days. Did any one face similar problem before. If so, can you please give me the solution?
Thanks,
KEDoubt
You can extend your F1 status under "cap-gap" relief
USCIS - Extension of Post-Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations</br> Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d175ffaae4b7210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)
Here is an extract but please read the entire document carefully from the above link
Q4. How does a student covered under the cap-gap extension obtain proof of continuing status?
A4. The student should go to their Designated School Official (DSO) with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student�s DSO will issue a preliminary cap-gap I-20 showing an extension until June 1.
If the H-1B petition is selected for adjudication, the student should return to his or her DSO with a copy of the petitioning employer�s Form I-797, Notice of Action, with a valid receipt number, indicating that the petition was filed and accepted. The student�s DSO will issue a new cap-gap I-20 indicating the continued extension of F-1 status.
I will be done with my second master's this July 29. I have two months grace period to leave the country as I already used my OPT after my first master's. I have a job offer and they are willing to do my H1B which starts from October 2011. But my two months grace period will end this september 29. If my H1B is filed in September under Premium processing, will I be in status or out of status for those two days. Did any one face similar problem before. If so, can you please give me the solution?
Thanks,
KEDoubt
You can extend your F1 status under "cap-gap" relief
USCIS - Extension of Post-Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations</br> Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d175ffaae4b7210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)
Here is an extract but please read the entire document carefully from the above link
Q4. How does a student covered under the cap-gap extension obtain proof of continuing status?
A4. The student should go to their Designated School Official (DSO) with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student�s DSO will issue a preliminary cap-gap I-20 showing an extension until June 1.
If the H-1B petition is selected for adjudication, the student should return to his or her DSO with a copy of the petitioning employer�s Form I-797, Notice of Action, with a valid receipt number, indicating that the petition was filed and accepted. The student�s DSO will issue a new cap-gap I-20 indicating the continued extension of F-1 status.
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paskal
08-16 12:58 PM
An iv chapter for MI has been created and is coordinated by Chintu25
See below for details:
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__________________
Bought IV Merchandize...Will flaunt it at the Rally
See below for details:
Created a group for Michigan IV Memebers.
Please join in and SHOW STRENGTH
http://groups.google.com/group/michigan4iv
OR EMAIL ME AT MICHIGAN4IV at GMAIL.COM TO BE ADDED TO THIS GROUP
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dealsnet
11-23 10:19 PM
Sorry to hear about your husband's departure from this world.
He was an active member of IV and contributed to it.
I know now you are using his id.
Please share some info about his death. What happen to him?
Is it an accident or he got sick ?
We are praying for you and your kid.
I THINK YOU NEED TO CONTINUE IN H1B. DON'T DISCONTINUE H1B, TILL YOU GET GC.
Hi,
My spouse's GC application is pending 485 stage with PD of Dec 2002, EB3. I got my I140 (EB2 PD Dec 2006) cleared and did not apply for 485. I am on EAD/AP through my spouse app.
My spouse passed away and 13 days later Congress passed survivng family act law, which says survivors/dependents can continue the GC app in the event the primary appliant dies. My questions are,
1. Since the law was enacted after my spouse's death am I eligible to continue that GC app and renew my AP and EAD?
2. I am planning to go to my home country for few months (may be a year) and will come back in the middle just to renew my AP when time comes and go back again with AP. Can I stay on AP or need to apply for H1b extension which I am eligible for 3 yrs ext based on my I140 approval ?
I appreciate for any response!
He was an active member of IV and contributed to it.
I know now you are using his id.
Please share some info about his death. What happen to him?
Is it an accident or he got sick ?
We are praying for you and your kid.
I THINK YOU NEED TO CONTINUE IN H1B. DON'T DISCONTINUE H1B, TILL YOU GET GC.
Hi,
My spouse's GC application is pending 485 stage with PD of Dec 2002, EB3. I got my I140 (EB2 PD Dec 2006) cleared and did not apply for 485. I am on EAD/AP through my spouse app.
My spouse passed away and 13 days later Congress passed survivng family act law, which says survivors/dependents can continue the GC app in the event the primary appliant dies. My questions are,
1. Since the law was enacted after my spouse's death am I eligible to continue that GC app and renew my AP and EAD?
2. I am planning to go to my home country for few months (may be a year) and will come back in the middle just to renew my AP when time comes and go back again with AP. Can I stay on AP or need to apply for H1b extension which I am eligible for 3 yrs ext based on my I140 approval ?
I appreciate for any response!
gctoolong
12-06 08:12 AM
I am starting a new thread for guys from india with pd 2006 eb3...please do share your updates and thoughts......
pd feb 2006 eb3 india
i-140 nov 2006
i-140 approval june 2007
i-485 filed august 13th 2007
rd october 9 2007
ead approval oct 15th
ap approval oct 17th
finger printing code3 nov 21st
name check,security clearance and background checks completed october
pd feb 2006 eb3 india
i-140 nov 2006
i-140 approval june 2007
i-485 filed august 13th 2007
rd october 9 2007
ead approval oct 15th
ap approval oct 17th
finger printing code3 nov 21st
name check,security clearance and background checks completed october
more...
sanju_dba
03-10 01:55 PM
It is really funny. I guess no amount of me explaining about soft LUD would help. People will still track them and waste their time.
You can always add corrections, You are the Admin!
You can always add corrections, You are the Admin!
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achu
08-06 04:51 PM
thanks for the information.
any form do I need to submit to USCIS in the above case? and what is N-400 is it related to citizenship?
regards,
achu.
any form do I need to submit to USCIS in the above case? and what is N-400 is it related to citizenship?
regards,
achu.
more...
karthkc
03-17 05:02 PM
i have read some place in this forum that as long as you maintain your full time primary job you are entitled to use your ead for other smaller assignments without losing your H1 status. But then again I am not a lawyer just sharing what I have read.
AFAIK, Using EAD either for a FT or PT job should invalidate other non-immigrant work authorization documents like H1B since EAD is a derivative benefit of filing for immigrant status and you cannot mix and match your status...
If this is not true and there is a discussion on this forum clarifying that, I would like to know too...
Anyone?
Thanks!
AFAIK, Using EAD either for a FT or PT job should invalidate other non-immigrant work authorization documents like H1B since EAD is a derivative benefit of filing for immigrant status and you cannot mix and match your status...
If this is not true and there is a discussion on this forum clarifying that, I would like to know too...
Anyone?
Thanks!
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dummgelauft
10-06 05:07 PM
Change the title of your little blog to read illegal immigration....
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iman.karta
12-27 04:02 PM
Hi all,
I do have a worry about I140 processing and I hope somebody can help me.
I finally got my LC approved and now in the concurrent I140 and I485 filling process.
However, I noticed that there is a minor mistake in filling on my ETA9089.
My OPT expired on August 14th, 2006 and my H1-B was approved Dec 12th2006. However in the job experience part, there is a booboo. Instead of putting the start date as January 15th, 2007 (which was the date I started working in the company), they put August 14th, 2006. So from USCIS standing point of view, it could mean that I work during the gap between my OPT and H1-B! :(
Now I am worried sick that they will deny my I-140.
Any inputs anybody?
I do have a worry about I140 processing and I hope somebody can help me.
I finally got my LC approved and now in the concurrent I140 and I485 filling process.
However, I noticed that there is a minor mistake in filling on my ETA9089.
My OPT expired on August 14th, 2006 and my H1-B was approved Dec 12th2006. However in the job experience part, there is a booboo. Instead of putting the start date as January 15th, 2007 (which was the date I started working in the company), they put August 14th, 2006. So from USCIS standing point of view, it could mean that I work during the gap between my OPT and H1-B! :(
Now I am worried sick that they will deny my I-140.
Any inputs anybody?
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freddyCR
January 4th, 2005, 10:41 AM
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10-04 04:06 PM
i guess it's the commercials...
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morchu
05-24 01:25 AM
SSN is not really a requirement to start to work. So the answer to your question is NO, she dont need SSN to work on EAD.
But in a practical scenario she need an SSN to work (see below reasons).
SSN is required to pay/withhold taxes and probably for pre-employment background checks and all. So it is very unlikely that an employer will hire somebody without an SSN (or at-least applied for SSN).
Does she need SSN to work on EAD?
But in a practical scenario she need an SSN to work (see below reasons).
SSN is required to pay/withhold taxes and probably for pre-employment background checks and all. So it is very unlikely that an employer will hire somebody without an SSN (or at-least applied for SSN).
Does she need SSN to work on EAD?
more...
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ImmiUser
12-01 03:04 PM
Thanks for the response. Someone mentioned to me that you can not file two I-485If you file a new I-485 the the old one is revoked, is that true ?
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sandiboy
07-19 03:45 PM
How will USCIS process the I-485 petitions?. According to the applicant's labor priority date or I-485 petition receipt date?. pray tell....:confused:
There is a thread going on with this discussion:
http://immigrationvoice.org/forum/showthread.php?t=10428
It is processed per RD, but approved per PD.
There is a thread going on with this discussion:
http://immigrationvoice.org/forum/showthread.php?t=10428
It is processed per RD, but approved per PD.
more...
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kirupa
04-08 04:21 PM
lukus - are you sure you would not be breaking any copyrights by using their actual logos in your stamps? :)
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roseball
09-16 02:21 AM
You can get your EB3 PD. Your lawer needs to write to the USCIS to port your PD. Attorney here would give you more details and wait for them to respond.
The OP cannot port his EB-3 PD in this case as his EB-3 I-140 was not filed/approved. One can only port an older PD if they have an approved I-140 with old PD. Just an approved LC with old PD won't help.
The OP cannot port his EB-3 PD in this case as his EB-3 I-140 was not filed/approved. One can only port an older PD if they have an approved I-140 with old PD. Just an approved LC with old PD won't help.
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glus
10-26 07:28 AM
I think it can be. When starting the employment based GC process, one of the question asked was ... has any family member ever applied for your immigration petition in the past. Just an educated guess... check with an attorney
This is not the purpose of this question you mentioned. This can't be done as is specifically not allowed in INA to transfer priority date from FB to EB. This is written into the INA 203(b)(1)(2)and (3). One can only transfer priority dates FB to FB and EB to EB but not otherwise.
Best Wishes
This is not the purpose of this question you mentioned. This can't be done as is specifically not allowed in INA to transfer priority date from FB to EB. This is written into the INA 203(b)(1)(2)and (3). One can only transfer priority dates FB to FB and EB to EB but not otherwise.
Best Wishes
ben212_76
01-18 01:30 PM
Well I have LIN# and approval notice of I-140.
fasterthanlight�
05-21 01:55 PM
Here's two different versions
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