ChainReaction
08-10 09:12 AM
http://www.murthy.com/chatlogs/ch073007_P.html
Hi, i was looking at Murthy chat log and it states since H1b is a dual intend visa one may keep H1b status and do part time job on EAD ... she did mention that the rules is not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc., has anyone done that in the past or knows somenone please reply?
Chat User : As many of us plan to start part-time businesses using EAD, if we are on H-1 and use an EAD for a part-time business, does it mean we abandon H1B status? Thank you for your service.
Attorney Murthy : Actually, the H1B allows for dual intent. So even if one uses the EAD to start a PT business, if one closes the business or files an H1B extension with the current employer, that is an option to resume H-1 status. The rules are not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc.
Chat User : I am applying for I-485 for my family, and my wife is on H1B. Can she travel to India on AP and work on H-1? Does she need to get H1B stamping, or can she use AP for travel and H-1 for work?
Attorney Murthy : The general rule is that, after a person uses the AP, the safer approach is to work on the EAD, but the law allows such a person to also file for H1B extensions, as long as s/he is working with the H1B employer. As mentioned above, the law is not crystal clear on what must happen, and we find that it has been quite broad in this respect, since there are no clear-cut limitations. It would be safer / clearer to have the EAD.
Hi, i was looking at Murthy chat log and it states since H1b is a dual intend visa one may keep H1b status and do part time job on EAD ... she did mention that the rules is not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc., has anyone done that in the past or knows somenone please reply?
Chat User : As many of us plan to start part-time businesses using EAD, if we are on H-1 and use an EAD for a part-time business, does it mean we abandon H1B status? Thank you for your service.
Attorney Murthy : Actually, the H1B allows for dual intent. So even if one uses the EAD to start a PT business, if one closes the business or files an H1B extension with the current employer, that is an option to resume H-1 status. The rules are not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc.
Chat User : I am applying for I-485 for my family, and my wife is on H1B. Can she travel to India on AP and work on H-1? Does she need to get H1B stamping, or can she use AP for travel and H-1 for work?
Attorney Murthy : The general rule is that, after a person uses the AP, the safer approach is to work on the EAD, but the law allows such a person to also file for H1B extensions, as long as s/he is working with the H1B employer. As mentioned above, the law is not crystal clear on what must happen, and we find that it has been quite broad in this respect, since there are no clear-cut limitations. It would be safer / clearer to have the EAD.
wallpaper Carrie Underwood - Cowboy
Breezestorm
07-22 05:50 PM
Can you please tell us why you need PCC from India? Is this for the 485?
raydon
10-12 10:30 AM
According to one website http://www.immigration-law.com the USCIS is working on trying to streamline processing I-140 petitions to four months by April 2009. I quote the following from the website
--------------------------------------------------------
10/08/2008: I-140 Processing in Four Months by April 2009?
* This is a five-month old information which has just been released. This source of information indicates that the USCIS was hiring and training new employees and by April 2009, I-140 petitions might be processed in four months. It is a good news in a way.
--------------------------------------------------------
Going by the previous track record of the USCIS though, I do have reasons to be skeptical about that. We will find out in April eventually, unless our invididual petitions get approved before that. The only issue is that in the interim we still have the threat to jobs in this bad economy. The other concern of mine is that older petitions might get dumped into another Backlog Elimination Center and they only work efficiently on newer I-140 petitions. That solution would be hell for people with older I-140 applications
--------------------------------------------------------
10/08/2008: I-140 Processing in Four Months by April 2009?
* This is a five-month old information which has just been released. This source of information indicates that the USCIS was hiring and training new employees and by April 2009, I-140 petitions might be processed in four months. It is a good news in a way.
--------------------------------------------------------
Going by the previous track record of the USCIS though, I do have reasons to be skeptical about that. We will find out in April eventually, unless our invididual petitions get approved before that. The only issue is that in the interim we still have the threat to jobs in this bad economy. The other concern of mine is that older petitions might get dumped into another Backlog Elimination Center and they only work efficiently on newer I-140 petitions. That solution would be hell for people with older I-140 applications
2011 carrie underwood PLAY ON cover
Maverick_2008
02-14 03:59 PM
A) 140 or 485 gets denied and you're on EAD (it means you've already given up your H-1B)
B) 140 gets denied and you're on H-1B (it means you can't use EAD and you can't even stay in this country for 3-4 months without a job on H-1B and still maintain your status)
Gurus, please correct me, if I'm wrong.
Thanks.
Maverick
Guys,
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
B) 140 gets denied and you're on H-1B (it means you can't use EAD and you can't even stay in this country for 3-4 months without a job on H-1B and still maintain your status)
Gurus, please correct me, if I'm wrong.
Thanks.
Maverick
Guys,
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
more...
jackisback
10-06 05:23 PM
Really? Did they give you that information?
I have taken infopass 2 times in last 2 years, and they just tell me - we cannot tell anything about that info from the "screen" they have access to.
They just give a vague answer that everything is in order but your visa numbers are not available for your dates, you need to wait for visa number
I have taken infopass 2 times in last 2 years, and they just tell me - we cannot tell anything about that info from the "screen" they have access to.
They just give a vague answer that everything is in order but your visa numbers are not available for your dates, you need to wait for visa number
jungalee43
10-06 04:11 PM
Ombudsman helps in certain limited circumstances, particularly when an adverse decision by USCIS puts you in emergency situation. Following link should help determine when to contact them:-
DHS | CIS Ombudsman - Case Problems (http://www.dhs.gov/files/programs/editorial_0497.shtm)
DHS | CIS Ombudsman - Case Problems (http://www.dhs.gov/files/programs/editorial_0497.shtm)
more...
AGC4ME
01-12 07:05 PM
Can the period for which PD was not current be taken into account while counting the wait period?
Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?
Yes. As long as your PD was current in some point of time you can file WOM. Be sure to include Department of State as a defendant so it could be ordered to release a visa number for you.
Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?
Yes. As long as your PD was current in some point of time you can file WOM. Be sure to include Department of State as a defendant so it could be ordered to release a visa number for you.
2010 Single: Cowboy Casanova
Maverick_2008
02-14 03:59 PM
A) 140 or 485 gets denied and you're on EAD (it means you've already given up your H-1B)
B) 140 gets denied and you're on H-1B (it means you can't use EAD and you can't even stay in this country for 3-4 months without a job on H-1B and still maintain your status)
Gurus, please correct me, if I'm wrong.
Thanks.
Maverick
Guys,
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
B) 140 gets denied and you're on H-1B (it means you can't use EAD and you can't even stay in this country for 3-4 months without a job on H-1B and still maintain your status)
Gurus, please correct me, if I'm wrong.
Thanks.
Maverick
Guys,
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
more...
GCHope2011
10-19 07:03 PM
Nice idea, but here is what I think...
Whats the point of donating after you get your Green card? Donate now in place of later and you can benefit from your own donation...and IV can get that money sooner :)
I am trying to do just that. Realized that I can save $25 per month in many different ways from my current expenditure itself and signed up for $25/month donation.
Every little bit helps.
Whats the point of donating after you get your Green card? Donate now in place of later and you can benefit from your own donation...and IV can get that money sooner :)
I am trying to do just that. Realized that I can save $25 per month in many different ways from my current expenditure itself and signed up for $25/month donation.
Every little bit helps.
hair Carrie Underwood - Cowboy
pmb76
07-17 07:00 PM
my lawyer missed the 2nd july deadline even when he had all the papers. Now i am asking him to meet 30th july deadline he is not responding . what are the papers needed to file I485. Can I file it without lawyers help? He does have my immunization papers
Below is a rough checklist I prepared for myself:
1. Six Photographs with name on back in pencil. YES
2. Copy of Birth Certificate with affidavits from Parents. YES
3. Checks for Filing fees. YES
4. Completed forms I-485, G-325A, G-28, I-765 and I-131. YES
5. Color Copies of passports. YES
6. Copy of I-94 both sides. YES
7. Copies of F-1 visa, I-20, OPT EAD and H1B visas. YES
8. Copies of W2s and tax returns for the years 2004, 2005 and 2006. YES
9. Medical examination Report. YES
11. Letter of Employment. YES
12. Copy of EAD and EAD application receipt. YES
13. Bank statement. YES
Below is a rough checklist I prepared for myself:
1. Six Photographs with name on back in pencil. YES
2. Copy of Birth Certificate with affidavits from Parents. YES
3. Checks for Filing fees. YES
4. Completed forms I-485, G-325A, G-28, I-765 and I-131. YES
5. Color Copies of passports. YES
6. Copy of I-94 both sides. YES
7. Copies of F-1 visa, I-20, OPT EAD and H1B visas. YES
8. Copies of W2s and tax returns for the years 2004, 2005 and 2006. YES
9. Medical examination Report. YES
11. Letter of Employment. YES
12. Copy of EAD and EAD application receipt. YES
13. Bank statement. YES
more...
hersheygaile
09-09 08:26 PM
did u received anything from USCIS already?what is your case?
hot Carrie Underwood - Cowboy
veni001
07-09 01:46 PM
Remember not all job classification qualify for EB2, especially software related, check O*Net and then in this economy employer need to test the market and prove that he couldn't find a qualified american worker! Unless it's specialized skill i don't think it's easy!
If Priority date is usable even though I-140 revoked by the employer......this looks fantastic option to join new job where we can get Eb2 process.
If Priority date is usable even though I-140 revoked by the employer......this looks fantastic option to join new job where we can get Eb2 process.
more...
house Carrie Underwood Temporary
payur
09-07 02:03 PM
I am on H4 visa. Applied for 485 in june 2007 and got my EAD and AP last month.
Unfortunately I also applied for H1 visa in march 2007, and it got approved now. I told the employer that I will work on EAD and don't need my visa.
He is now blackmailing me to pay the amount or he will give negative feedback/comments/reason for me in H1 cancellation letter.
I didnot sign any agreement with him.
What is the H1 cancellation form/letter?
Does it have any impact on my Green Card Process? Please Advise.
Thanks for any replies
The main impact I can see is revoking your I140 which could have an impact on your GC process.
I am not sure about H1B cancellation letter. What is your PD date and SC?
Unfortunately I also applied for H1 visa in march 2007, and it got approved now. I told the employer that I will work on EAD and don't need my visa.
He is now blackmailing me to pay the amount or he will give negative feedback/comments/reason for me in H1 cancellation letter.
I didnot sign any agreement with him.
What is the H1 cancellation form/letter?
Does it have any impact on my Green Card Process? Please Advise.
Thanks for any replies
The main impact I can see is revoking your I140 which could have an impact on your GC process.
I am not sure about H1B cancellation letter. What is your PD date and SC?
tattoo Carrie#39;s Cowboy Casanova Has
chanduv23
09-19 01:01 AM
We saw many toddlers and older kids! Brave little ones!!!
By the way chanduv, I looked for you everywhere! Too bad we didn't get to meet this time. You have done a truly amazing job and wanted to congratulate your in person! Hope to meet you soon!
And I was looking for you - actually I was on the stage - behind the speakers holding the flag
I am partially visible in this shot behind Aman
http://picasaweb.google.com/legalimmigrationvoice/ImmigrationVoiceSep18thDCRally/photo#5111711221748306082
I was walking with MACACA all along the rally
By the way chanduv, I looked for you everywhere! Too bad we didn't get to meet this time. You have done a truly amazing job and wanted to congratulate your in person! Hope to meet you soon!
And I was looking for you - actually I was on the stage - behind the speakers holding the flag
I am partially visible in this shot behind Aman
http://picasaweb.google.com/legalimmigrationvoice/ImmigrationVoiceSep18thDCRally/photo#5111711221748306082
I was walking with MACACA all along the rally
more...
pictures carrie underwood cowboy
%25252BMade%25252Bby%25252BStevevacante.png "Carrie Underwood Cowboy")
pthoko
08-03 01:06 PM
Yes
dresses Underwood
Sachin_Stock
02-04 08:23 PM
My question was VERY specific. And I am not in a mood to discuss the trivial information that the responder threw up. It irks me when someone starts giving unsolicited advices instead of answering the question that I had asked.
I am sorry, didn't mean to derail the topic, but my stand was clear.
I am sorry, didn't mean to derail the topic, but my stand was clear.
more...
makeup Carrie Underwood - Cowboy
masala dosa
08-31 06:36 AM
It is an interesting question i am also worried about. I was told by my company attorney that i need to file I-140 asap as USCIS is in process of changing how long you can wait with approved LC before filing I-140. Once you have I-140 approved, basically you can come back to the US on an H-1 to work for the company (you will need a new h-1, even if you have a 3 yr. extension based on approved I-140). Then if and when the priority dates become current you should be able to file for I-485
Can someone tell what happens if in a similar situation one takes a ONE YEAR sabbatical to puruse educatin abroad.
for exampe MBA from INSEAD
Can someone tell what happens if in a similar situation one takes a ONE YEAR sabbatical to puruse educatin abroad.
for exampe MBA from INSEAD
girlfriend Cowboy Casanova Carrie Underwood Album Cover. cowboy casanova, the first
gc_check
03-14 04:16 AM
I did check the USCIS website for the July 17, 2007 (reinstating the July Visa Bulletin) and July 23, 2007 (about I-485 fees) notices that are specified on murthy.com link you provided, but did not find them. So if any of you know how and where to get them from please let me know. Appreciate your help. Thank you.
Murthy.com has a copy of pdf in their website
http://www.murthy.com/uscis_update.pdf
http://www.murthy.com/nflash/uscis_faq.pdf
Murthy.com has a copy of pdf in their website
http://www.murthy.com/uscis_update.pdf
http://www.murthy.com/nflash/uscis_faq.pdf
hairstyles Carrie Underwood - Cowboy
sumansk
07-11 01:56 PM
:cool:
You are one lucky !! I think he should send you a thankyou mnote...what do you think....one visa number is reserved for you already my friend..:D
You are one lucky !! I think he should send you a thankyou mnote...what do you think....one visa number is reserved for you already my friend..:D
pd_recapturing
09-23 11:03 PM
I am July 23rd concurent Filer (Texas service Center), day before yesterday received FP notice but no other reciepts. wrote email to Lawyer to update.
Did your checks get encashed ?
Did your checks get encashed ?
meridiani.planum
09-21 11:16 PM
Hi, I am from India and applied for GC under EB2.my priority date is 01-21-2-2007.I filed concurrently I-140 and I-485 in july 2007. got my EAD and using it.EAD is valid for one more year.I-485 is still pending. my wife have filed a case against me in India.The indian court issued non bailable arrest warrent against me. I am not going to India to attend the court proceedings.Now the proceedings and non bailable arrest warrent against me is pending in indian court since 2 years. my indian passport has impounded by ministry of external affairs, India. The interpol in india has sent extradition papers to Interpol, washington D.C. there is no red corner notice issued against me. my questions are:
1. if My wife informs USCIS that the court proceedings and non bailable warrents are pending against me in Indian court, and my passport was also impounded by gove of india, does the USCIS reject my green card?
2) as my record is with interpol, washington D.c , when FBI name checks happens, does FBI find my name in interpol data base and inform USCIS about it?
3) As I applied green card based on my Indian passport, when my passport is under inpounded status , does USCIS consider my passport status to issue gC?.
Kindly advise me.
Thanks in advance.
you need to sort out this case asap. If not for the FBI namecheck, then you can also get stuck at any time with Interpol (Getting a GC is not going to avoid a deportation).
If your case is approved without an interview, you dont need the passport right there, but if called for interview you will need it.
You cant travel anywhere without that passport, and for all other proofs related to status or immigration also you need both teh passport as well as the GC.
Also, depending on what you have done, you might even already be disqualified for a GC:
Moral turpitude - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Moral_turpitude)
1. if My wife informs USCIS that the court proceedings and non bailable warrents are pending against me in Indian court, and my passport was also impounded by gove of india, does the USCIS reject my green card?
2) as my record is with interpol, washington D.c , when FBI name checks happens, does FBI find my name in interpol data base and inform USCIS about it?
3) As I applied green card based on my Indian passport, when my passport is under inpounded status , does USCIS consider my passport status to issue gC?.
Kindly advise me.
Thanks in advance.
you need to sort out this case asap. If not for the FBI namecheck, then you can also get stuck at any time with Interpol (Getting a GC is not going to avoid a deportation).
If your case is approved without an interview, you dont need the passport right there, but if called for interview you will need it.
You cant travel anywhere without that passport, and for all other proofs related to status or immigration also you need both teh passport as well as the GC.
Also, depending on what you have done, you might even already be disqualified for a GC:
Moral turpitude - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Moral_turpitude)
No comments:
Post a Comment