raysaikat
07-25 10:34 AM
Hi,
I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.
Now the questions:
1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?
Each individual will have his/her I-485, and EAD is a derived benefit of I-485. Your wife can file for I-485 while on OPT and get EAD. However, technically her F-1 status, hence the OPT, terminates after applying for I-485 (since she expresses intent to immigrate).
2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?
Conservative view is that as soon as her I-485 is officially submitted (i.e., received by USCIS), she has expressed intent to immigrate, which invalidates her F-1 (note that OPT is not a status, she is still in F1).
3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?
That may be a better route. Once her H-4 is approved (with new I-94 form), her OPT will terminate and she will not be able to work.
4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?
She cannot work while she is in H-4. There is no such thing as "2-month gap"!
4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.
Thanks,
A. Singh
No idea. The application fee is probably a few 100 dollars. Not sure how much your lawyer would charge for preparing the application.
I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.
Now the questions:
1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?
Each individual will have his/her I-485, and EAD is a derived benefit of I-485. Your wife can file for I-485 while on OPT and get EAD. However, technically her F-1 status, hence the OPT, terminates after applying for I-485 (since she expresses intent to immigrate).
2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?
Conservative view is that as soon as her I-485 is officially submitted (i.e., received by USCIS), she has expressed intent to immigrate, which invalidates her F-1 (note that OPT is not a status, she is still in F1).
3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?
That may be a better route. Once her H-4 is approved (with new I-94 form), her OPT will terminate and she will not be able to work.
4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?
She cannot work while she is in H-4. There is no such thing as "2-month gap"!
4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.
Thanks,
A. Singh
No idea. The application fee is probably a few 100 dollars. Not sure how much your lawyer would charge for preparing the application.
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HV000
09-17 08:08 PM
Hello all,
I had a question: My and my wife's 485 ND is august 27 from TSC. We haven't got any FP notice yet.
Is anyone in a similar situation? data indicates that most of the august notice dates applicants have already got their FP appointments. I am from NJ so newark must be my ASC.
Should I call USCIS or wait?
Any suggestions are welcomed...
Thanks.
You can call USCIS if you don't receive the FP NOTICE by the end of this month.
I had a question: My and my wife's 485 ND is august 27 from TSC. We haven't got any FP notice yet.
Is anyone in a similar situation? data indicates that most of the august notice dates applicants have already got their FP appointments. I am from NJ so newark must be my ASC.
Should I call USCIS or wait?
Any suggestions are welcomed...
Thanks.
You can call USCIS if you don't receive the FP NOTICE by the end of this month.
snathan
02-15 04:06 PM
You are correct then only Andhra Pradesh have been retrogressed. If you remove AP from that equation. everything will be normal.
I can bet 90 percent of the GC applicants are from India are from AP.
Jet
I was sure some one will come with this info...Let the fight begin..:D
I can bet 90 percent of the GC applicants are from India are from AP.
Jet
I was sure some one will come with this info...Let the fight begin..:D
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nomad
08-02 09:54 PM
Though my in-laws had an early appointment(945am, Chennai Consulate India) last month, they got their PP next day only. So they had to stay one more day in Chennai.
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santb1975
11-21 02:30 PM
With an EAD in hand and with the Market there could be a bigger and better opportunity. Keep up the high spirits
But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.
But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.
LostInGCProcess
08-18 07:36 PM
I thank you all for your encouraging and kind response.
The new job I have is like a contract job to a client. A big consulting firm has hired me. So, I have not yet spoken to them about any letters that I may require in future should there be an RFE.
My situation was very desperate to get a job...i was without job for more then 3 months and its hard to run a family...and I came to the point where we were planning to return back home....but I got the job just in the last minute, i must say....The requirement for the job was, only GC or Citizens. I told them I am on EAD they said fine we can take you as long as we don't have to sponsor you....So, I took it.
The other issue is, I am getting paid far less then what I used to get. ..so, I don't know if that's acceptable or not with regards to the GC process.
But the work is same. What I used to do earlier, I am doing the same kind of job here with the new client.
So, all these factors has caused lot of confusion in my mind whether to continue with old address or not. I still have 2 more months on the lease for the old apt address...so I got some more time to think about this job.
Thanks again for all your advice.
Chanduv, I know you started a thread on "RFE for AR-11" to poll, but I did not followup on that.
The new job I have is like a contract job to a client. A big consulting firm has hired me. So, I have not yet spoken to them about any letters that I may require in future should there be an RFE.
My situation was very desperate to get a job...i was without job for more then 3 months and its hard to run a family...and I came to the point where we were planning to return back home....but I got the job just in the last minute, i must say....The requirement for the job was, only GC or Citizens. I told them I am on EAD they said fine we can take you as long as we don't have to sponsor you....So, I took it.
The other issue is, I am getting paid far less then what I used to get. ..so, I don't know if that's acceptable or not with regards to the GC process.
But the work is same. What I used to do earlier, I am doing the same kind of job here with the new client.
So, all these factors has caused lot of confusion in my mind whether to continue with old address or not. I still have 2 more months on the lease for the old apt address...so I got some more time to think about this job.
Thanks again for all your advice.
Chanduv, I know you started a thread on "RFE for AR-11" to poll, but I did not followup on that.
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extra_mint
01-21 04:49 PM
even I am aware of the same thing.
I think u got it right.
The fact that you are moving to a new employer using your EAD is in essence using the AC-21 portability provision. This new employer will now have to support your AC-21 claim.
You don't have to do anything further. In case employer A revokes your I-140, then USCIS might send an NOID. This can be easily reversed by sending in your AC-21 documents via the new employer.
There is no such thing as "continuing your GC process with your old employer" in your case. It is only true if you are working for your new employer using H1-B or other type of a visa, NOT EAD.
If anyone has doubts about what I said then please correct me.
I think u got it right.
The fact that you are moving to a new employer using your EAD is in essence using the AC-21 portability provision. This new employer will now have to support your AC-21 claim.
You don't have to do anything further. In case employer A revokes your I-140, then USCIS might send an NOID. This can be easily reversed by sending in your AC-21 documents via the new employer.
There is no such thing as "continuing your GC process with your old employer" in your case. It is only true if you are working for your new employer using H1-B or other type of a visa, NOT EAD.
If anyone has doubts about what I said then please correct me.
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sandy_anand
10-30 03:47 PM
Trust me.. Unless CIR passes or fails nothing is going to change. These introductions are base less. Its like just a thought. Even all of 500k professionals who might be stuck at various stages of GC process unite and call to pass it . It will not pass. Period.
Hispanic caucus will not allow any piecemeal approach for immigration. They are holding EB reform for illegals. So lets hope that CIR gets introduce and pass with our relief. If CIR passes then it will have recapture. If it fails then we can try for recapture or any of these without worry for hispanic caucus. So I dont think so IV or even any organization like IV can do anything for next 6 months where CIR may get a chance. All we can do is call congress man and ask for support when CIR discussion comes on floor.
We may achieve some admin fixes if current administration really wants to help us.
I completely agree with what gc_on_demand said. The recent immigration provisions that zuhail is referring to is merely an extension of the sunsetting EB4 and EB5 programs. They HAD to renew it since otherwise the applications in process would be in limbo.
Unless CIR is introduced, no other EB relief is going to happen on the legislative side. If CIR passes, we will have increased visas to clear the backlog - since without first clearing the "legal" backlog, they wouldn't dare issue a single GC to illegals. If not, then recapture stands a definite chance since the Hispanic lobby would then be more open to a "piecemeal" approach. My 2 cents.
Hispanic caucus will not allow any piecemeal approach for immigration. They are holding EB reform for illegals. So lets hope that CIR gets introduce and pass with our relief. If CIR passes then it will have recapture. If it fails then we can try for recapture or any of these without worry for hispanic caucus. So I dont think so IV or even any organization like IV can do anything for next 6 months where CIR may get a chance. All we can do is call congress man and ask for support when CIR discussion comes on floor.
We may achieve some admin fixes if current administration really wants to help us.
I completely agree with what gc_on_demand said. The recent immigration provisions that zuhail is referring to is merely an extension of the sunsetting EB4 and EB5 programs. They HAD to renew it since otherwise the applications in process would be in limbo.
Unless CIR is introduced, no other EB relief is going to happen on the legislative side. If CIR passes, we will have increased visas to clear the backlog - since without first clearing the "legal" backlog, they wouldn't dare issue a single GC to illegals. If not, then recapture stands a definite chance since the Hispanic lobby would then be more open to a "piecemeal" approach. My 2 cents.
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imh1b
02-16 10:47 AM
Why waste time of such hypothetical issues when we can put this effort in something prodcutive. "Divide and Rule" never works.
Always "united we Stand" - hum hai Hindustani.
-Leo
If unity is important, how about uniting Pakistan, Bangladesh, Nepal, Bhutan, Sri Lanka into one 'United States of India'. Lot of ROW from these countries will protest. :)
Always "united we Stand" - hum hai Hindustani.
-Leo
If unity is important, how about uniting Pakistan, Bangladesh, Nepal, Bhutan, Sri Lanka into one 'United States of India'. Lot of ROW from these countries will protest. :)
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GC_Wait2002
07-12 05:42 PM
bump :confused:
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arc
10-04 02:29 PM
Receipt date Jul 2
Transferred from NSC>CSC
Receipt Notice Aug 23
Got EAD/AP
485 Transferred from CSC>NSC
Waiting for FP notice
Transferred from NSC>CSC
Receipt Notice Aug 23
Got EAD/AP
485 Transferred from CSC>NSC
Waiting for FP notice
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ilikekilo
03-05 09:22 PM
I dont think we have to panic...if needed gvot will print money for FDIC...heck when they can do it for banks..
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ragnarok
07-19 02:39 PM
I've entered the US in 2000.
Can you explain what PD and EB is?
Can you explain what PD and EB is?
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abracadabra
07-06 11:19 AM
$300 million loss on July 2nd
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ARUNRAMANATHAN
09-24 04:56 PM
USCIS dont care ...so dont worry !
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psk79
05-27 04:36 PM
so can anyone confirm this 'no FP if filed via paper' thing?
As for mailing address, I guess if I do courier the package they all have the same address (N. augustine rd). So in that case, I can send them all in the same packet.
thanks.
As for mailing address, I guess if I do courier the package they all have the same address (N. augustine rd). So in that case, I can send them all in the same packet.
thanks.
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div_bell_2003
03-06 02:03 AM
Online application usually warrants a fingerprinting , it's best to apply in paper if that needs to be avoided.
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wandmaker
06-13 10:46 AM
Call USCIS and tell them you have not received your green cards yet..
Do not give any incorrect directions.
TexasGuy: As long as you remember your alien number that would do - Since you filed for replacement card, you have nothing to worry. Just make sure, your are not the victim of identity theft.
Do not give any incorrect directions.
TexasGuy: As long as you remember your alien number that would do - Since you filed for replacement card, you have nothing to worry. Just make sure, your are not the victim of identity theft.
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snathan
03-24 11:45 AM
I was working with Employer-A till 30/Nov/08 and then filed H1 transfer with employer-B. I started working with Employer B on Dec/08/08 as we received the receipt.
My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.
My current H1B transfer is denied and previous H1B and I-94 is expired.
Current H1B transfer:
Start date: Nov-21-08,
RFE received: Dec-30-08,
RFE responded: Feb-06-09
RFE expiry date: Feb-10-09
Received Denial: Mar-02-09.
Previous H1B with Employer-A expired: Jan-31-09.
I-94 expired: Feb-10-2009.
What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?
If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?
Please guide me asap. Thanking you in advance!
If you are able to get the contract signe by your end client, you can appeal. Untill the final decision comes you would be in status. Otherwise you are already out of status. So might leave sooner. Also talk to attorney and update here. It might be useful for people who are in the same situation.
My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.
My current H1B transfer is denied and previous H1B and I-94 is expired.
Current H1B transfer:
Start date: Nov-21-08,
RFE received: Dec-30-08,
RFE responded: Feb-06-09
RFE expiry date: Feb-10-09
Received Denial: Mar-02-09.
Previous H1B with Employer-A expired: Jan-31-09.
I-94 expired: Feb-10-2009.
What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?
If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?
Please guide me asap. Thanking you in advance!
If you are able to get the contract signe by your end client, you can appeal. Untill the final decision comes you would be in status. Otherwise you are already out of status. So might leave sooner. Also talk to attorney and update here. It might be useful for people who are in the same situation.
senthil
01-30 07:47 AM
seem like you clearly know the reason what caused this. as mentioned by our friends, right supporting documents and a good attorney should get your job done like a piece of cake. good luck.
Rune
May 31st, 2004, 04:07 PM
I'm sorta reminded of the guy in the Discworld novels who they called "the Duck Man" since he had a duck on his head. He was totally oblivious to its existance, but it was definitively there.
Or, to quote the DW companion: "The Duck Man knows he has no duck on his head. The duck's views on this are unrecorded. If it wasn't for the duck, he would be viewed as well-spoken and educated and as sane as the next man. Admittedly, the next man is probably Foul Ole Ron." :D
(There's a new DW novel out this month that I'm about to get my grubby little hands on)
Or, to quote the DW companion: "The Duck Man knows he has no duck on his head. The duck's views on this are unrecorded. If it wasn't for the duck, he would be viewed as well-spoken and educated and as sane as the next man. Admittedly, the next man is probably Foul Ole Ron." :D
(There's a new DW novel out this month that I'm about to get my grubby little hands on)
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