jthomas
03-16 06:49 PM
I have a h1B and a EAD. I was laid off one week back. Will there will be a problem if i take 6 months vacation, get a master degree, Try doing a business. Do i need to immediately find a job. I will be getting unemployment benifits and i think my H1B won't be valid since i lost my job and my next job would be on EAD.
Any suggestions, I am waiting for an answer from my attorney too.
Thanks Fittan. I am waiting for an answer from my attorney.
Any suggestions, I am waiting for an answer from my attorney too.
Thanks Fittan. I am waiting for an answer from my attorney.
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bbct
03-13 04:38 PM
Sorry to hear your situation but USCIS sucks. It is nothing but a deep black hole.
HI fellow members..
I duly filed for AP along with my my 485 in OCT 2007. They messed up the photos on the AP. They put my wife's photo on mine and vice versa. We asked for a correction and they interchanged the case nos on the AP issued.
So after 2 years they still have not given me a valid AP document. I refiled again last week.
I have to attend my sisters wedding in June this year. We are still maintaining our H1/H4 status. My H1 is valid till 2011.
Is it ok to leave the country without an AP and re-enter on H1.? I will have to apply for H1visa at the chennai consulate.
My lawyer advises me not to go without an AP. Not going is not an option for me. Has anyone here re-entered in H1 visa after stamping whiel their I485 is pending.
Im so tired of this immigration game. 0 Accountability. ..they told my lawyer they will not issue a correction to the wrong AP issued since it has already been approved till 2010 and I will have wait till 2010 to re-apply for correct AP and I cannot travel outside till 2010..do these people understand what they are doing ??
Pls take a moment to reply
HI fellow members..
I duly filed for AP along with my my 485 in OCT 2007. They messed up the photos on the AP. They put my wife's photo on mine and vice versa. We asked for a correction and they interchanged the case nos on the AP issued.
So after 2 years they still have not given me a valid AP document. I refiled again last week.
I have to attend my sisters wedding in June this year. We are still maintaining our H1/H4 status. My H1 is valid till 2011.
Is it ok to leave the country without an AP and re-enter on H1.? I will have to apply for H1visa at the chennai consulate.
My lawyer advises me not to go without an AP. Not going is not an option for me. Has anyone here re-entered in H1 visa after stamping whiel their I485 is pending.
Im so tired of this immigration game. 0 Accountability. ..they told my lawyer they will not issue a correction to the wrong AP issued since it has already been approved till 2010 and I will have wait till 2010 to re-apply for correct AP and I cannot travel outside till 2010..do these people understand what they are doing ??
Pls take a moment to reply
gccube
06-01 03:23 PM
Because the PDs are valid for the whole month I guess the date of filing should not matter it as long as it is before 30th June, I think.
Do you think it does affect us in some way?
Do you think it does affect us in some way?
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ubetman
08-07 08:40 PM
Hi guys,
How to determine to which service center we need to send our application packet? Is it based on the future job location described in the labor certificate or the present physical location of the applicant?
Applying concurrent: 140/485
present physical location(my present address) state comes under : TSC
Future job location state comes under : NSC
Confused...
Thanks in advance
How to determine to which service center we need to send our application packet? Is it based on the future job location described in the labor certificate or the present physical location of the applicant?
Applying concurrent: 140/485
present physical location(my present address) state comes under : TSC
Future job location state comes under : NSC
Confused...
Thanks in advance
more...
acecupid
07-08 04:39 PM
Quickly, this is what I know so far. If you bring your wife here on H4 and then decide to work on EAD you will have to change her to F1 before you stop your H1B.
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US
I agree with ssterian01. I read similar views from ron gotcher's forum about this issue. Even if wife is in pure non-immigrant category like F1, it is not a problem to add her to I-485 when dates become current. If you are on H1 and cannot mailtain H1 status for long and I-485 for wife has not been applied then you have little choice but to do a COS to F1 for wife.
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US
I agree with ssterian01. I read similar views from ron gotcher's forum about this issue. Even if wife is in pure non-immigrant category like F1, it is not a problem to add her to I-485 when dates become current. If you are on H1 and cannot mailtain H1 status for long and I-485 for wife has not been applied then you have little choice but to do a COS to F1 for wife.
optimist578
05-27 04:10 PM
Hi,
I Applied H1b 8th Year Extension on Jan 9th. Still waiting Anybody has this kind of situation? my Case number Starts with WAC
I Applied my H1b extn on Jan 9th , and i went to India on 18th Jan and came back on 18th Feb using my AP is this could be cause for the delay.
Please share your experiences and ideas
Thank You,
Raj.
Have you contacted USCIS Customer Service? What are they saying?
I Applied H1b 8th Year Extension on Jan 9th. Still waiting Anybody has this kind of situation? my Case number Starts with WAC
I Applied my H1b extn on Jan 9th , and i went to India on 18th Jan and came back on 18th Feb using my AP is this could be cause for the delay.
Please share your experiences and ideas
Thank You,
Raj.
Have you contacted USCIS Customer Service? What are they saying?
more...
jsb
10-31 03:08 PM
Besides calling USCIS at the number given above, you might want to raise this issue in the Ombudsman's conference call on Friday. Receiping Delays is already an agenda item. Details are as below:
“USCIS Receipting Delay II – How Does This Affect You?” – November 2, 2007 2:00-3:00 EDT
Email your concerns/questions in advance, to: cisombudsman.publicaffairs@dhs.gov
I attended last call, which was very helpful.
“USCIS Receipting Delay II – How Does This Affect You?” – November 2, 2007 2:00-3:00 EDT
Email your concerns/questions in advance, to: cisombudsman.publicaffairs@dhs.gov
I attended last call, which was very helpful.
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saint_2010
09-10 06:43 AM
yes...really what might have happened that day?..
more...
fastergcwanted
07-26 09:13 AM
My attorney tells me they don't give employees copies of labor applications.
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
Same thing with me. Lawyer does not release copies of Certified LC or I-140 approval.
From what I understand that should not cause issues with AC21; however I would feel much better having these copies in my hand just in case....my 2 cents...of course ask attorney before making any moves...
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
Same thing with me. Lawyer does not release copies of Certified LC or I-140 approval.
From what I understand that should not cause issues with AC21; however I would feel much better having these copies in my hand just in case....my 2 cents...of course ask attorney before making any moves...
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qualified_trash
11-16 09:53 AM
there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.
your information is not accurate.
filing for AOS does not give you an EAD. You have to apply for it.
There are many people who remain on their H1 after filing AOS as travel on a valid H1 with a valid Visa stamp is a lot easier than applying for AP etc...........
your information is not accurate.
filing for AOS does not give you an EAD. You have to apply for it.
There are many people who remain on their H1 after filing AOS as travel on a valid H1 with a valid Visa stamp is a lot easier than applying for AP etc...........
more...
rahul2699
05-19 12:18 PM
Ok thanks, is this a full 12 months with entry to the US, as I have been travelling into the US on the odd weekend for personal trips. Not sure if that would impact on the 12 month time period or not.
it is believed to be 12 months outside US which can be interpreted as 12 months with no trips to US however please check with an immigration attorney. It seems like you may need a quick session to get clarification
it is believed to be 12 months outside US which can be interpreted as 12 months with no trips to US however please check with an immigration attorney. It seems like you may need a quick session to get clarification
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stylepoet
10-29 01:02 PM
I can't find any reference on this forum to E2 investors. We are the skilled, motivated entrepreneurs who come here, invest heavily, employ citizens and have no path to permanent residence. Our children must return to their country of origin at age 21, regardless of how long they have lived here. We ourselves must renew our visas regularly and live in fear of denial.
E2 investors need support in our quest for reform. Is there any room in your organization for us? We will go anywhere and do anything to raise awareness of the injustice of the current immigration laws. The DREAM Act was (thankfully) defeated yet again and should continue to be defeated until it includes all immigrant children, not just illegals.
Those of us who come here legally should be at the top of the list when it comes to reform. Can we band together to make our voice even louder?
E2 investors need support in our quest for reform. Is there any room in your organization for us? We will go anywhere and do anything to raise awareness of the injustice of the current immigration laws. The DREAM Act was (thankfully) defeated yet again and should continue to be defeated until it includes all immigrant children, not just illegals.
Those of us who come here legally should be at the top of the list when it comes to reform. Can we band together to make our voice even louder?
more...
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gc750
01-01 04:48 PM
Did you ever get the reply back from consulate if your visa was approved and did they ask you send the PPT for stamping. Please let me know if that worked out.
I am stuck in the same position. Went for visa stamping and now they have put me on hold for additional admin processing. I do have a valid AP. I am planning on travelling back to USA on my AP and when the consulate sends me mail to send the ppt I am planning to travel back and get the stamping done. But was wondering if my earlier travel on AP is going to abandone the H1 stamping application.
Please post your experience....
I am stuck in the same position. Went for visa stamping and now they have put me on hold for additional admin processing. I do have a valid AP. I am planning on travelling back to USA on my AP and when the consulate sends me mail to send the ppt I am planning to travel back and get the stamping done. But was wondering if my earlier travel on AP is going to abandone the H1 stamping application.
Please post your experience....
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pappu
09-22 02:07 PM
I'd like to think it was our media campaign letters that did it :)
Yes. We got a lot of interest from reporters due to the letters and press releases members sent. The credit for all media coverage goes to each and every member who participated in the media action item.
Yes. We got a lot of interest from reporters due to the letters and press releases members sent. The credit for all media coverage goes to each and every member who participated in the media action item.
more...
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fall1998
05-16 10:12 AM
So, the count of people still waiting is reducing (many users are saying they got approved in last couple of days).
I am getting a feeling that USCIS is really clearing out the backlog this time.
I am getting a feeling that USCIS is really clearing out the backlog this time.
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sonu_Aug_2002
07-13 11:39 AM
EAD and AP are benefits due to AOS pending. They are not status by itself. Thus it is optional while filing 485. Once you file 485, you are automatically in legal status to stay in US. H4 status enables you to reentry to US. Similarly, if you loose H4 for some reason ( like in Ur case), AP will allow your spouse to reenter USA.
Please consult an attorney.
yaja, are you sure that she would not need an EAD? what would be her status? AOS case pending? and what would she need to show the officials as documentation for her status within the country? AOS receipt?
You are right about the AP part. If she does not intend to travel, then she would not need an AP; however it is always prudent to keep AP handy, just in case if she needs to travel for emergency reasons. AP takes around 2 to 3 months on an average for approval.
Just want to get this right, for my own knowledge. Please clarify
Please consult an attorney.
yaja, are you sure that she would not need an EAD? what would be her status? AOS case pending? and what would she need to show the officials as documentation for her status within the country? AOS receipt?
You are right about the AP part. If she does not intend to travel, then she would not need an AP; however it is always prudent to keep AP handy, just in case if she needs to travel for emergency reasons. AP takes around 2 to 3 months on an average for approval.
Just want to get this right, for my own knowledge. Please clarify
more...
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chvs2000@yahoo.com
10-21 09:58 AM
Other alternative is to have your employer run the payroll for 5000 and deduct 500 from your adjusted gross income when you file taxes.
Note that you can only deduct unreimbursed work related expenses when you choose to itemize your deductions.
Note that you can only deduct unreimbursed work related expenses when you choose to itemize your deductions.
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DianaSteve
12-13 12:02 PM
My I140 is showing up online now.
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roseball
04-04 11:42 PM
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
You can convert your I-485 to Consular Processing (CP) and keep your GC process going. Since GC is for a future job, you can work this out with your employer. Basically, your employer has to support you so that when you are called for the consular interview, you need to be able to show documentary evidence that you will be moving back to the US and joining the same job at or above the advertised wage once your GC is approved.
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
As long as your I-485 is pending, you can use a valid AP to re-enter. To renew your AP, you need to be in the US. If you convert your I-485 to CP, you will lose your EAD/AP privileges and will only be able to enter US on a valid H1 assuming you are coming here to work and have a job offer from an employer.
You can convert your I-485 to Consular Processing (CP) and keep your GC process going. Since GC is for a future job, you can work this out with your employer. Basically, your employer has to support you so that when you are called for the consular interview, you need to be able to show documentary evidence that you will be moving back to the US and joining the same job at or above the advertised wage once your GC is approved.
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
As long as your I-485 is pending, you can use a valid AP to re-enter. To renew your AP, you need to be in the US. If you convert your I-485 to CP, you will lose your EAD/AP privileges and will only be able to enter US on a valid H1 assuming you are coming here to work and have a job offer from an employer.
gbof
09-01 04:11 PM
Congrats to you....I am still waiting.
Can some smart one start POLL for sept approvals with PD month/yr and TSC/NSC ?
Can some smart one start POLL for sept approvals with PD month/yr and TSC/NSC ?
eeezzz
07-11 12:15 PM
Your case is just like many others here. Does that worth you own thread?
Spend some time to read thru some posts. You will know there are many people who are with 2002 PD have not been approved yet. If there's a definitely answer for your question, why will they be frustrate.
Spend some time to read thru some posts. You will know there are many people who are with 2002 PD have not been approved yet. If there's a definitely answer for your question, why will they be frustrate.
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