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sanju_dba
06-25 03:26 PM
My lawyer told me that my H1B status is maintained for 240 days after my visa expires.
Visa is for getting into the country only, an expired visa will not invalidate your H1 status.
Visa is for getting into the country only, an expired visa will not invalidate your H1 status.
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bidhanc
06-04 05:03 PM
You are absolutely right abt the excerpt.
You need to send the EAD according to where you live (with pending 485 and Q16 answered with C9)
Bidhan
Dhundhun,
I hold high regard for your postings...but in the 765 manual, I could not find any such rule that you just mentioned..Here is an excerpt from Pg 9 of
http://www.uscis.gov/files/form/I-765instr.pdf
If your response to Question 16 is (c)(9) ....
Otherwise, if you filed your I-485 adjustment application with
a USCIS Service Center, you must file Form I-765 at the
Nebraska Service Center or the Texas Service Center,
depending on where you live (see the following addresses)......
Are you sure ?? :confused:
I have recently moved from Ohio to Pennsylvania and am about to file for renewal. Thanks....
You need to send the EAD according to where you live (with pending 485 and Q16 answered with C9)
Bidhan
Dhundhun,
I hold high regard for your postings...but in the 765 manual, I could not find any such rule that you just mentioned..Here is an excerpt from Pg 9 of
http://www.uscis.gov/files/form/I-765instr.pdf
If your response to Question 16 is (c)(9) ....
Otherwise, if you filed your I-485 adjustment application with
a USCIS Service Center, you must file Form I-765 at the
Nebraska Service Center or the Texas Service Center,
depending on where you live (see the following addresses)......
Are you sure ?? :confused:
I have recently moved from Ohio to Pennsylvania and am about to file for renewal. Thanks....
lecter
June 10th, 2004, 01:44 AM
good choice.
At that price level it's probably the best option....
At that price level it's probably the best option....
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immique
06-18 07:54 PM
Thanks all for the various responses. However, Immique, what kind of RFE can be expected @ 485 stage?
Also, I have moved to Biz Dev from an engineer after my Labor. I now have my 140 and EAD. Is there any risk because of my change in role?
I am just giving a general idea of what the process might be. many people get RFEs for no good reason. In this particular instance for example the work experience may be questioned and also the job duties and how much they are different (including difference in pay) to justify EB3 to EB2 conversion. many aspects that are generally overlooked will attract more scrutiny as the application becomes more complicated as they have to review both the applications in detail.
Moreover, lets say the number of EB2 applications every year is about half of the number of EB3 applications or lets assume the average number of EB2s every year in the last 5-6 years was abut 30,000 per year and unusually if this year the EB2 applications go up to 60,000 and 30,000 of them are actually EB3 to EB2 conversions, that in itself will trigger a red flag to USCIS and will lead to increased scrutiny of all those applications that may have been converted or are filed after the visa numbers became unavailable. My intention is not to discourage anyone moving from EB3 to EB2, but am just advising that you do it right and take the help of the lawyer, because by chance if you get an RFE, you do not want to be answering it yourself. let a professional lawyer handle it. if you are confident that you have a high likelihood of success then go for it, but don't listen to all those that say it is very easy. do your own assessment and decide for yourself. in the end it is your greencard application and not theirs. you always hope for the best outcome but remember you have to be well prepared for the worst possible outcome if it happens. what did life teach you so far?
Also, I have moved to Biz Dev from an engineer after my Labor. I now have my 140 and EAD. Is there any risk because of my change in role?
I am just giving a general idea of what the process might be. many people get RFEs for no good reason. In this particular instance for example the work experience may be questioned and also the job duties and how much they are different (including difference in pay) to justify EB3 to EB2 conversion. many aspects that are generally overlooked will attract more scrutiny as the application becomes more complicated as they have to review both the applications in detail.
Moreover, lets say the number of EB2 applications every year is about half of the number of EB3 applications or lets assume the average number of EB2s every year in the last 5-6 years was abut 30,000 per year and unusually if this year the EB2 applications go up to 60,000 and 30,000 of them are actually EB3 to EB2 conversions, that in itself will trigger a red flag to USCIS and will lead to increased scrutiny of all those applications that may have been converted or are filed after the visa numbers became unavailable. My intention is not to discourage anyone moving from EB3 to EB2, but am just advising that you do it right and take the help of the lawyer, because by chance if you get an RFE, you do not want to be answering it yourself. let a professional lawyer handle it. if you are confident that you have a high likelihood of success then go for it, but don't listen to all those that say it is very easy. do your own assessment and decide for yourself. in the end it is your greencard application and not theirs. you always hope for the best outcome but remember you have to be well prepared for the worst possible outcome if it happens. what did life teach you so far?
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Totoro
01-26 04:01 PM
Just a warning. The one and only time I filed an ammended return, I was audited. Therefore, I am assuming that ammending a return could cause greater scrutiny by the IRS. Even though my audit went fine, it is a PITA.
miguelajjam
07-25 01:25 PM
We submitted our EAD application in June first week and we got our card this week, effective from last week of July for the next one year.
Our priority date is October 2006- EB2 and we are not current. So shouldnt we have been issued a 2 year EAD?
Also we gave our finger prints last year (July 2007 filer) but this time too both the EAD cards shows no FP available .
The EAD card of my spouse (he is the primary applicant says signature waived) I still have signature on my EAD card. Anyone else with the card that says signature waived. Previous card had his signature in there.
I heard that's the way it should be from Aug 1st... :confused:
Someone advise...
Our priority date is October 2006- EB2 and we are not current. So shouldnt we have been issued a 2 year EAD?
Also we gave our finger prints last year (July 2007 filer) but this time too both the EAD cards shows no FP available .
The EAD card of my spouse (he is the primary applicant says signature waived) I still have signature on my EAD card. Anyone else with the card that says signature waived. Previous card had his signature in there.
I heard that's the way it should be from Aug 1st... :confused:
Someone advise...
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forgerator
05-27 06:26 PM
Good joke :)
I totally agree. Good joke indeed.
Agreed that they are humans. Disagree that they are doing their best. I have worked in a government agency part-time on OPT here in the US, and let's just say, more than half the time is spent away from desk, and outside buildings for smoke/coffee breaks. IT Projects that should not take more than a month or two to finish, linger on for years.
I totally agree. Good joke indeed.
Agreed that they are humans. Disagree that they are doing their best. I have worked in a government agency part-time on OPT here in the US, and let's just say, more than half the time is spent away from desk, and outside buildings for smoke/coffee breaks. IT Projects that should not take more than a month or two to finish, linger on for years.
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nogc_noproblem
05-12 01:59 PM
I have infact created a new thread sometime back specifically for EAD and AP direct filing address details.
http://immigrationvoice.org/forum/showthread.php?t=18959
http://immigrationvoice.org/forum/showthread.php?t=18959
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Canadian_Dream
10-19 02:19 PM
You are making an assumption that an approved petition is an indication of a valid status for the entire duration of extension. This may or may not be true after the I-140 is revoked.
It is kind of dicey...If you are quick enough you can pull it off...
You can refer to some posts up above that some people have actually done it..
Especially if you are laid off you have not much to lose and try something ...
USCIS has traditionally not taken a hard line against H1B as far as I know...
It is kind of dicey...If you are quick enough you can pull it off...
You can refer to some posts up above that some people have actually done it..
Especially if you are laid off you have not much to lose and try something ...
USCIS has traditionally not taken a hard line against H1B as far as I know...
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sundevil
06-14 08:56 PM
This date movement could also be to silence amendments like Cantwell's which are based on Backlogs. A parallel GC system to Point based was called a poison pill by Sen. Kyl. I guess may be this is a way to lock up one of those pills. Could be Chertoff's trick to mine-sweep the path for CIR.
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vin
06-14 08:38 PM
I don't think it'll be brought to the senate floor if there's even a small chance of it being voted out. It'll be brought to the floor only after all the horse trading is complete and it's certain that the required votes will be met. If it's brought to the floor, it's 100% certain to go through.
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quizzer
09-16 12:15 AM
Please consult an expert attorney as its a complex case.
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anilsal
06-20 10:25 AM
We do not have one in Ohio either (I even checked Kentucky). What would be the best possible way to get updates so that we can join the initiative?
GO IV GO....
.......................
$320 + $50 recurring
Then, please have the courage to start one. :) It is not very difficult to start a chapter. It is preferable to lead than be led. ;)
GO IV GO....
.......................
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Then, please have the courage to start one. :) It is not very difficult to start a chapter. It is preferable to lead than be led. ;)
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rck4evr
08-07 08:14 PM
I am in the same boat. My employer refused to file my ead or AP. I am sure they will not give me the RN too.
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sen
03-29 04:51 PM
I am from Canton, MI and i'd like to get involved in this. Please let me know, if anybody is planning to meet the Senators or House members, so that we can get organized and present our case. I can also pull in couple of my friends who will be interested in this initiative.
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nozerd
08-07 03:19 PM
Actually its possible but my firm is against it. Firm is saying there are tax complications for them. If I move work location to Canada they will put me on Canadian Payroll, and will not renew H1B. They are ok with continuing GC however but if I need to travel to US then I will need to apply for tourist visa (B1/B2).
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Steven-T
February 3rd, 2004, 09:49 AM
I think the Kodak has alot more problems than just AA problems!!!
And any time a product drops by 50% in 1 year its normally not a good sign
Scott
I played around with the 14n at Adorama. Also I have been at DPR Kodak forum gathering user experiences. For its price, its a great camera for its targeted purpose.
There are two problems for me. There can be major magenta fringing at back-lighting and low light conditions (What will happen for shooting one hour before sun rise and after sun set?). You must shoot raw and do significant digital dark room work.
Complaint: Even the D70 has spot metering, 1/500 x-synch, 30 - 1 / 8000. Cmon, Canon, at least put the d*mn spot-metering on the 10D-II (if not 12mp, FF, ... for $999.00)
Steven
And any time a product drops by 50% in 1 year its normally not a good sign
Scott
I played around with the 14n at Adorama. Also I have been at DPR Kodak forum gathering user experiences. For its price, its a great camera for its targeted purpose.
There are two problems for me. There can be major magenta fringing at back-lighting and low light conditions (What will happen for shooting one hour before sun rise and after sun set?). You must shoot raw and do significant digital dark room work.
Complaint: Even the D70 has spot metering, 1/500 x-synch, 30 - 1 / 8000. Cmon, Canon, at least put the d*mn spot-metering on the 10D-II (if not 12mp, FF, ... for $999.00)
Steven
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venkatesan.chinnaraju@gma
06-07 02:34 PM
I applied at April 1st, In the receipt it says
Received data 4/5
notice date 4/15
some lud on 4/29 and 4/30.
after that no updates.
My EAD expires 7/30.
I am in EAD and I don't have any options. I start worrying more. Please help what we can do:mad:
Received data 4/5
notice date 4/15
some lud on 4/29 and 4/30.
after that no updates.
My EAD expires 7/30.
I am in EAD and I don't have any options. I start worrying more. Please help what we can do:mad:
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talash
05-08 12:48 PM
some one suggest me options please .
I'm on 4th year of H1b .I140 denied and didnt get denail notice yet .if MTR fails what should i do .Change employer ?
I'm on 4th year of H1b .I140 denied and didnt get denail notice yet .if MTR fails what should i do .Change employer ?
frostrated
08-05 03:43 PM
Myht 1: If I-485 gets denied I have H1-B to as a back up.
Think of this - you get AP and EAD based on pending I-485. Similarly, you get H1-B extension beyond 6 years based on your pending green card process. Once your I-485 is denied, your AP, EAD and extended H-1, all are gone at once. Yes, extended H1-B is no longer valid after that. You simply can not fall back on that.
Myth2 : I want to continue on H1-B even after getting EAD, I feel safer.
Think again. Suppose you came to the US in 2004. In 2007 during the visa gate scandal, you filed your I-485 and got EAD. At that point of time, you had two options. You could have continued H1-B or changed over to EAD. Person A changed to EAD. Well, once he changed to EAD his clock of "Time spent on H1-B" stops right there. Come 2010, if his I-485 gets denied, he still has 3 years of H1-B left and he can use it till 2013.
Person B decided to continue using H1-B after 2007 and kept his EAD as backup. Same thing happened, his I-485 got rejected in 2010. He can not go back to H1-B. He has utilized H1-B for all 6 years and he can not get it extended without going out of the US for one year.
So by keep EAD for "in case I-485 goes south" and using H1-B, you are killing your options. If someone has a choice between EAD and H1-B, he should use EAD.
Gurus.....any comments?
Answer to Myth1: If your 485 gets denied, you CAN fall back on your H1, provided you are still working for the H1 sponsor and your H1 has not expired. If your 485 is denied, then your EAD cannot be renewed but is valid to its expiry. Your AP on the other hand is no longer valid as it depends on the 485 for survival - Immigration will check your 485 status during secondary screening. H1 is standalone and does not depend on 485 status.
Answer to Myth2: You can keep EAD as backup to change employer or even work for current employer. Your H1 extension is based on 140 approval and not 485. If your 140 is revoked, you cannot extend your H1, unless you have an approved 140 with another employer.
Think of this - you get AP and EAD based on pending I-485. Similarly, you get H1-B extension beyond 6 years based on your pending green card process. Once your I-485 is denied, your AP, EAD and extended H-1, all are gone at once. Yes, extended H1-B is no longer valid after that. You simply can not fall back on that.
Myth2 : I want to continue on H1-B even after getting EAD, I feel safer.
Think again. Suppose you came to the US in 2004. In 2007 during the visa gate scandal, you filed your I-485 and got EAD. At that point of time, you had two options. You could have continued H1-B or changed over to EAD. Person A changed to EAD. Well, once he changed to EAD his clock of "Time spent on H1-B" stops right there. Come 2010, if his I-485 gets denied, he still has 3 years of H1-B left and he can use it till 2013.
Person B decided to continue using H1-B after 2007 and kept his EAD as backup. Same thing happened, his I-485 got rejected in 2010. He can not go back to H1-B. He has utilized H1-B for all 6 years and he can not get it extended without going out of the US for one year.
So by keep EAD for "in case I-485 goes south" and using H1-B, you are killing your options. If someone has a choice between EAD and H1-B, he should use EAD.
Gurus.....any comments?
Answer to Myth1: If your 485 gets denied, you CAN fall back on your H1, provided you are still working for the H1 sponsor and your H1 has not expired. If your 485 is denied, then your EAD cannot be renewed but is valid to its expiry. Your AP on the other hand is no longer valid as it depends on the 485 for survival - Immigration will check your 485 status during secondary screening. H1 is standalone and does not depend on 485 status.
Answer to Myth2: You can keep EAD as backup to change employer or even work for current employer. Your H1 extension is based on 140 approval and not 485. If your 140 is revoked, you cannot extend your H1, unless you have an approved 140 with another employer.
pd_recapturing
10-19 02:02 PM
Gene77, Thx for sharing this info. Now I remeber that I have previosly seen this info in one of the IV posts. In any case, I will have it run through my attorney and see, what they say. I will keep you updated.
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