darslee
07-11 01:35 AM
and not lose focus ;)
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smartboy75
10-17 03:22 PM
10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
yogirajd
11-09 09:02 PM
Mine was EB2 before and after first RFE my attorney changed it to EB3.
I don't understand Logic behind this.
I don't understand Logic behind this.
2011 inspirational quotes and
nath.exists
11-05 04:35 PM
Thanks a lot, you cleared all my doubts. Yes you are right i was confusing my case with the GC based on marriage.Thanks again.
more...
franklin
07-12 11:42 PM
Please close this thread, there are multiple threads specualting about this stuff, and some members are trying to focus on organizing the BIGGEST RALLY IV HAS EVER DONE!
just_waiting
10-17 03:53 PM
Let me add one more wrinkle:
Do you guys think I would lose my right to use EAD if I move to another employer by transferring my H1B? (I still have 2 years on it).
Do you guys think I would lose my right to use EAD if I move to another employer by transferring my H1B? (I still have 2 years on it).
more...
amitpan007
06-21 10:15 AM
I did it few years (i think 4-5yrs) ago at CGI - SFO and it took about 4 weeks.
2010 Funny Inspirational Quotes
EkAurAaya
09-24 05:10 PM
I have bad credit will that effect my Green card?
though i am paying them off it still shows on my credit report
Bad credit history will haunt you even after you get your green card :D (if you intend to take a loan for a substantially large investment - like a house)
Think about it... if they don't give you gc based on your credit goof-ups... who's loss is it :D j/k
though i am paying them off it still shows on my credit report
Bad credit history will haunt you even after you get your green card :D (if you intend to take a loan for a substantially large investment - like a house)
Think about it... if they don't give you gc based on your credit goof-ups... who's loss is it :D j/k
more...
imh1b
12-06 08:25 AM
What are chances of Dream Act?
What are the chances of including our provisions in the bill?
What happens if the bill passes without our provisions?
What happens if the bill fails?
WHAT ARE OUR CHANCES IN 2011?
Null, zero, Nada, Zilch
Just google Dream act. and then google Recapture visas. You will have your answer.
What are the chances of including our provisions in the bill?
What happens if the bill passes without our provisions?
What happens if the bill fails?
WHAT ARE OUR CHANCES IN 2011?
Null, zero, Nada, Zilch
Just google Dream act. and then google Recapture visas. You will have your answer.
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catchagarwal
05-04 05:30 PM
There was no agreement signed. It was just agreed on an email. Am i still bound with the emplyment laws. Just want to understand before taking any steps. Also the project has ended after 4 month but i don't have any document. Also company B can't reveal any internal documents.
more...
JazzByTheBay
08-21 11:25 AM
I filed at TSC, transferred to CSC, receipted, transferred to NSC - so not exactly the same situation. Interesting to note your case filed on 7/27/07 is being processed.
Mine was filed on 06/30/2007
RD: 07/02/2007.
USCIS says they're processing by ND ("when it was entered... ").
Signs of life @NSC, nevertheless.... :)
jazz
I got RFE on my case my case is NSC-CSC-NSC Transfer. Got Soft LUD in last 2 days and got RFE mail yesterday night. Waiting to hear back from lawyer about type of RFE. But atleast seems like they had started working on my case and if no RFE it would have been approved.
Mine was filed on 06/30/2007
RD: 07/02/2007.
USCIS says they're processing by ND ("when it was entered... ").
Signs of life @NSC, nevertheless.... :)
jazz
I got RFE on my case my case is NSC-CSC-NSC Transfer. Got Soft LUD in last 2 days and got RFE mail yesterday night. Waiting to hear back from lawyer about type of RFE. But atleast seems like they had started working on my case and if no RFE it would have been approved.
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gcman2005
10-08 11:04 AM
Hello,
I have following situation and need some help on making my travel decision:
1. Me and my wife booked ticket to travel to India on October 27th and coming back on November 29th. Our advance parole will expire in NOV 18th. We have H1B approval till 2010 from a company A. I am working on H1B and my wife working on EAD.
2. Me and my wife filed EAD/AP July 29th 2008. My AP got approved on Aug 31. But my wifes AP/EAD is not yet approved.
3. Two months back my H1B sponsoring company( company A) was acquired by company B. Company B is a Canadian company. Company B has taken all obligations and liabilities of LCA's of company A.
4. Since the aquiring comany is candian company my offer letter and the employment verifaication letters are with address and telephone numbers of canada/ottawa.
5. My pay stubs are still issued with name of Campany A.
6. Since My wifes AP is not approved we are planning stamp out H1B/h4 visa at us consulate in chennai. I am wondering with above situation is there any risk in visa approval at chennai consulate ?
7. Is there any way from now and OCtober 27 I can expidate the AP approval for my wifes application?
8. How long it takes these days for H1B visa approvals at chennai with the new PIMS process ? Will I get visa approved on Nov 10th if my interview is on NOV 3rd?
9. What are the risks in this travel ?
I have following situation and need some help on making my travel decision:
1. Me and my wife booked ticket to travel to India on October 27th and coming back on November 29th. Our advance parole will expire in NOV 18th. We have H1B approval till 2010 from a company A. I am working on H1B and my wife working on EAD.
2. Me and my wife filed EAD/AP July 29th 2008. My AP got approved on Aug 31. But my wifes AP/EAD is not yet approved.
3. Two months back my H1B sponsoring company( company A) was acquired by company B. Company B is a Canadian company. Company B has taken all obligations and liabilities of LCA's of company A.
4. Since the aquiring comany is candian company my offer letter and the employment verifaication letters are with address and telephone numbers of canada/ottawa.
5. My pay stubs are still issued with name of Campany A.
6. Since My wifes AP is not approved we are planning stamp out H1B/h4 visa at us consulate in chennai. I am wondering with above situation is there any risk in visa approval at chennai consulate ?
7. Is there any way from now and OCtober 27 I can expidate the AP approval for my wifes application?
8. How long it takes these days for H1B visa approvals at chennai with the new PIMS process ? Will I get visa approved on Nov 10th if my interview is on NOV 3rd?
9. What are the risks in this travel ?
more...
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spgtopper
02-03 10:16 AM
Helpful_leo
I want to answer to your question (or rather help you to get one)....
just want to make sure we are referring to same link to the PACE bill etc.
Pl. tell me if you are reading from this link
http://www.compete.org/pdf/PACE_section_by_section%20-%20final%20.pdf
or if it is something else pl. post it here.
Also, it would be great if you point me to a specific section of the bill that you are particularly interested in knowing about.
About your other question:
A general answer is: yes, you may contact your own senators, and congressman (as they are most likely to read your mail). However, I must warn you that one person alone doing anything is not going to be that effective. It is much better if you team up with a group like ours (Immigration Voice) to make your voice heard. IV is presently focussing on the comprehensive immigration reform bill, but if you present your case here we'll see if and what can be done.
S.
I want to answer to your question (or rather help you to get one)....
just want to make sure we are referring to same link to the PACE bill etc.
Pl. tell me if you are reading from this link
http://www.compete.org/pdf/PACE_section_by_section%20-%20final%20.pdf
or if it is something else pl. post it here.
Also, it would be great if you point me to a specific section of the bill that you are particularly interested in knowing about.
About your other question:
A general answer is: yes, you may contact your own senators, and congressman (as they are most likely to read your mail). However, I must warn you that one person alone doing anything is not going to be that effective. It is much better if you team up with a group like ours (Immigration Voice) to make your voice heard. IV is presently focussing on the comprehensive immigration reform bill, but if you present your case here we'll see if and what can be done.
S.
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brb2
04-16 10:40 PM
Advanced degree = MS and higher
Generally STEM - Science, Technology, Engineering and Math all fall under Science/Engineering colleges. Anthing out of this college including MBA, MA, Accountancy, Marketing etc are not included in STEM.
I am wondering if social science degrees would qualify as STEM. Some examples are -
MS in Psychology
MS in Administration and Criminal Justice
MA in History
MA in Political Science
MS in International Relations
What would be considered STEM
--------------------------------------------------------------------------------
What would be considered STEM? Would all professional that are eligible for H1B such as an Accountant or an MBA in Finance or Marketing be considered STEM? Or its just S T E M?
Generally STEM - Science, Technology, Engineering and Math all fall under Science/Engineering colleges. Anthing out of this college including MBA, MA, Accountancy, Marketing etc are not included in STEM.
I am wondering if social science degrees would qualify as STEM. Some examples are -
MS in Psychology
MS in Administration and Criminal Justice
MA in History
MA in Political Science
MS in International Relations
What would be considered STEM
--------------------------------------------------------------------------------
What would be considered STEM? Would all professional that are eligible for H1B such as an Accountant or an MBA in Finance or Marketing be considered STEM? Or its just S T E M?
more...
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aperregatturv
04-20 05:24 PM
I applied AP Feb 3 2011 for my wife and i got approved mail and also checked website saying it was approved.
Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT
Your Case Status: Post Decision Activity
On April 8, 2011, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
But i have not received the document yet and wife is leaving on 24 th Apr 2011.
I would like to know if she can go without and when i get it i can mail the document so she can come back.
Please help.
Thanks
Arun
Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT
Your Case Status: Post Decision Activity
On April 8, 2011, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
But i have not received the document yet and wife is leaving on 24 th Apr 2011.
I would like to know if she can go without and when i get it i can mail the document so she can come back.
Please help.
Thanks
Arun
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MYGCBY2010
10-02 05:17 PM
Hi all,
I just got the below update from the USCIS website regarding my case.
Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...
Current Status: We mailed you a notice requesting additional evidence.
we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
I just got the below update from the USCIS website regarding my case.
Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...
Current Status: We mailed you a notice requesting additional evidence.
we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
more...
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crystal
07-12 10:11 PM
EndlessWait I hope ur wait will end soonI can't sleep all night.. cmon atleast give us few options.
My take on the permanent solution:
1. Recapture lost visa numbers
2. Medical tests are going to be valid indefinitely
3. Ppl who've worked for X years automatically can apply for I-485
5. All can apply as per the old bulletin
6. ????
cmon guys help me with this.i'm running out of ideas..:D
My take on the permanent solution:
1. Recapture lost visa numbers
2. Medical tests are going to be valid indefinitely
3. Ppl who've worked for X years automatically can apply for I-485
5. All can apply as per the old bulletin
6. ????
cmon guys help me with this.i'm running out of ideas..:D
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webm
12-17 02:35 PM
2001 - dot com bubble burst;
2008 - finance bubble burst;
.
Well said..:D
2008 - finance bubble burst;
.
Well said..:D
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shana04
08-09 12:55 PM
1. How do you know that we are not approving 2004 cases? Just that you didn't got your approval doesn't mean that we are not approving 2004 cases.
2. There are not that many 2004 cases, so we are approving 2005 and 2006 cases.
3. We divided cases into 3 boxes : 2004, 2005, 2006. It must be a case that IO's assigned to 2006 are working faster and efficiently.
4. We received so many 2006 I-485 applications on 07/02/2007. We are just processing by Receive Date.
5. We made a policy to approve I-485 cases bases on I-140 approval dates. Since we have many cases with old I-140 approval cases that happened to be with earlier priority dates, we are approving them now.
6. There are so many FBI name check hits on 2004 cases. All name hits will be processed later.
7. Oops... we sorted all cases that can be approved, by descending order. Sorry!
8. Time and again we want to approve that we can do anything we want.
9. All EB2 perm cases are really frustrated EB3 cases that have an older EB3 priority dates. We just wanted to be fair to them.
10. Yikes! Dog ate all 2004 cases.
11. Ding, these 2003, 2004 and Early 2005 boxes are under these 2006 boxes that we are too lazy to pick them up.
2. There are not that many 2004 cases, so we are approving 2005 and 2006 cases.
3. We divided cases into 3 boxes : 2004, 2005, 2006. It must be a case that IO's assigned to 2006 are working faster and efficiently.
4. We received so many 2006 I-485 applications on 07/02/2007. We are just processing by Receive Date.
5. We made a policy to approve I-485 cases bases on I-140 approval dates. Since we have many cases with old I-140 approval cases that happened to be with earlier priority dates, we are approving them now.
6. There are so many FBI name check hits on 2004 cases. All name hits will be processed later.
7. Oops... we sorted all cases that can be approved, by descending order. Sorry!
8. Time and again we want to approve that we can do anything we want.
9. All EB2 perm cases are really frustrated EB3 cases that have an older EB3 priority dates. We just wanted to be fair to them.
10. Yikes! Dog ate all 2004 cases.
11. Ding, these 2003, 2004 and Early 2005 boxes are under these 2006 boxes that we are too lazy to pick them up.
rksaigal
10-16 07:10 PM
Wishing you all a Very Happy Diwali.
myvoice23
08-12 06:05 PM
How do you know that your 485 was approved even if NC was pending? Does your GC - physical card or the approval notice/emails - indicate that your approval is contingent on NC?
The day before my approval email I spoke to an IO at NSC using POJ method. They said, my case has been assigned to an officer. when i asked my name check status, she said, 180 day rule you don't have to worry.
The day before my approval email I spoke to an IO at NSC using POJ method. They said, my case has been assigned to an officer. when i asked my name check status, she said, 180 day rule you don't have to worry.
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