glus
10-19 08:18 AM
What do the people in the following circumstance do:
1) Family emergency and they have to travel to India? Is there any way to expedite the advance parole??
2) They get married say in October and return with spouse then? IF they file for I-485 now, isnt the spouse left out unless she/he can come in H1B or F-1 herself?
Hi:
According to the rules, you need to have I485 original receipt at the time of re-entry if you enter on H1, H4 or L1. Even though this rule was not very much enforced, it may be a reason for I485 abandonment if you don't have it at the time your re-enter. It is very risky to leave without I485 receipt. If you really need to leave without I485 receipt, you would need to get emergency approval of AP, which can be done under some circumstances. Not you can apply for AP based on proof of mailing and delivery I485 if you don't have one.
Reportedly, USCIS is working on a rule, that would eliminate the need of having I485 at re-entry, but as of now, an IO may request I485 receipt at re-entry.
1) Family emergency and they have to travel to India? Is there any way to expedite the advance parole??
2) They get married say in October and return with spouse then? IF they file for I-485 now, isnt the spouse left out unless she/he can come in H1B or F-1 herself?
Hi:
According to the rules, you need to have I485 original receipt at the time of re-entry if you enter on H1, H4 or L1. Even though this rule was not very much enforced, it may be a reason for I485 abandonment if you don't have it at the time your re-enter. It is very risky to leave without I485 receipt. If you really need to leave without I485 receipt, you would need to get emergency approval of AP, which can be done under some circumstances. Not you can apply for AP based on proof of mailing and delivery I485 if you don't have one.
Reportedly, USCIS is working on a rule, that would eliminate the need of having I485 at re-entry, but as of now, an IO may request I485 receipt at re-entry.
wallpaper as a Supreme Court justice
krishmunn
03-07 03:49 PM
Krish,
I did not mention that the PD will be affected. My first sentence very clearly states that his PD will not be affected. The disruptions I mentioned were with respect to his current petition.
Read carefully before jumping into conclusions.
OK your first line did say PD is saved. But what did you mean by "If your employer recalls the 140 it could casue potential disruptions." What disruptions you are talking about wrt current petition ? irrespective of it being recalled OP will need to start from PERM ; irrespective of 140 being recalled OP will be able to save PD.
To summarize , recalling 140 has NO impact in OPs case.
I did not mention that the PD will be affected. My first sentence very clearly states that his PD will not be affected. The disruptions I mentioned were with respect to his current petition.
Read carefully before jumping into conclusions.
OK your first line did say PD is saved. But what did you mean by "If your employer recalls the 140 it could casue potential disruptions." What disruptions you are talking about wrt current petition ? irrespective of it being recalled OP will need to start from PERM ; irrespective of 140 being recalled OP will be able to save PD.
To summarize , recalling 140 has NO impact in OPs case.
greencardfever5
08-23 07:56 PM
I am working as an industrial engineer since 2006. My labor certification approved in 2006 mentioned job title of industrial engineer (SOC Code- 17:2112), My I485 is pending since 2007, I have also kept H1B status alive, six years will expire in dec however current I-797 for H1B is valid till June 2011.
I may get promoted to an engineering manager position in next few weeks. I have few questions related �Promotion while I485 pending issue�.
1. Is the change from engineer to engineering manager allowed? If I guess correctly USCIS will take guidance from SOC codes 17:2112 (ENGINEER) and 11.9041(for manager)
a. Can one work as an engineer (SOC code 17:2112) and supervise junior engineers. Does USCIS assume that a person is a manager if engineers are reporting to an individual? On the other hand in some cases I have seen managers without anybody reporting to them.
2. If I can fulfill my employer�s expectation by accepting ENGINEER V position instead of engineering manager, will that be an option? (Few engineers will be reporting to me in either option).
a. I am positive that I will be able to fulfill my boss�s expectations in either position.
b. Can I accept the promotion immediately or employer will have to seek some sort of approval from USCIS?
3. If for some reason, employer can not give me a job title of Engineering V, Can I accept Engineering Manager�s position till my I-485 is pending and go back to Engineer V position upon I-485 approval, I read that in such cases, one needs to go back to original position mentioned in labor certification I-140 for six months upon I-485 approval? In this case how we will handle extension of my H1B petition which expires in 2011?
4. Can I accept position of Engineering Manager assuming that employer will issue an employment verification letter with a description similar to labor certification (if USCIS issues RFE for any other underlying reason)?
5. If for some reasons above options are ruled out, Can I accept promotion as a Manager assuming employer can submit new I-140 ( I guess this will be starting green card process all over) .Definitely this is the least preferred option considering current processing time and relative ease in searching a job for my wife ( through EAD).
In this case
a. What will be the priority date?
b. Can I and my spouse maintain the EAD card?
6. As the I485 is for future job, Can I work at engineering manager position till I receive RFE or I485 is approved
a. In case of RFE USCIS typically gives 15 to 45 days to respond, Can I change my position during that time i.e. switching back to the position mentioned in labor and I485
b. Upon I485 approval, can I go back to original position for few months (how much is that required period, is it six months?). I might have to take salary cut in the case; can I informally lead the team in that case?
c. I guess my interpretation is that what you do when I485 is pending does not matter as long as you switch back to the original position upon I485 approval.
Thanking you in anticipation.
I may get promoted to an engineering manager position in next few weeks. I have few questions related �Promotion while I485 pending issue�.
1. Is the change from engineer to engineering manager allowed? If I guess correctly USCIS will take guidance from SOC codes 17:2112 (ENGINEER) and 11.9041(for manager)
a. Can one work as an engineer (SOC code 17:2112) and supervise junior engineers. Does USCIS assume that a person is a manager if engineers are reporting to an individual? On the other hand in some cases I have seen managers without anybody reporting to them.
2. If I can fulfill my employer�s expectation by accepting ENGINEER V position instead of engineering manager, will that be an option? (Few engineers will be reporting to me in either option).
a. I am positive that I will be able to fulfill my boss�s expectations in either position.
b. Can I accept the promotion immediately or employer will have to seek some sort of approval from USCIS?
3. If for some reason, employer can not give me a job title of Engineering V, Can I accept Engineering Manager�s position till my I-485 is pending and go back to Engineer V position upon I-485 approval, I read that in such cases, one needs to go back to original position mentioned in labor certification I-140 for six months upon I-485 approval? In this case how we will handle extension of my H1B petition which expires in 2011?
4. Can I accept position of Engineering Manager assuming that employer will issue an employment verification letter with a description similar to labor certification (if USCIS issues RFE for any other underlying reason)?
5. If for some reasons above options are ruled out, Can I accept promotion as a Manager assuming employer can submit new I-140 ( I guess this will be starting green card process all over) .Definitely this is the least preferred option considering current processing time and relative ease in searching a job for my wife ( through EAD).
In this case
a. What will be the priority date?
b. Can I and my spouse maintain the EAD card?
6. As the I485 is for future job, Can I work at engineering manager position till I receive RFE or I485 is approved
a. In case of RFE USCIS typically gives 15 to 45 days to respond, Can I change my position during that time i.e. switching back to the position mentioned in labor and I485
b. Upon I485 approval, can I go back to original position for few months (how much is that required period, is it six months?). I might have to take salary cut in the case; can I informally lead the team in that case?
c. I guess my interpretation is that what you do when I485 is pending does not matter as long as you switch back to the original position upon I485 approval.
Thanking you in anticipation.
2011 Supreme Court Justice Ruth Bader Ginsburg Ailing? Mar 2, 2007 10:18 AM
ndbhatt
12-21 02:14 PM
The visa bulletin reads "..Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. "
Does this mean 7 % limit per country is set to combined total of FB and EB category and not just EB? Also, does this mean 25,620 annual visa can be allotted for either one of these preferences, EB or FB?:confused:
I have heard earlier that EB preference limit per country is ~9,800. How true does it stand by sections in INA?
Does this mean 7 % limit per country is set to combined total of FB and EB category and not just EB? Also, does this mean 25,620 annual visa can be allotted for either one of these preferences, EB or FB?:confused:
I have heard earlier that EB preference limit per country is ~9,800. How true does it stand by sections in INA?
more...
rameshvaid
05-26 04:59 PM
I was in the same situation last month. I live in minnesota had 485 receipt from july 2007, EAD for myself but no EAD for wife, so i wished the 485 will do. DMV said the same crap that since 485 has no expiration date, they only accept 485 that is not older than 6 months old (with the wild assumption that any 485 is approved or denied within 6 months). I got infopass appointment with USCIS, got letter that my case is still pending, and they laughed in DMV saying they know my case is still pending, they have some kind of access to USCIS database. After a lot of arguing and going up to managers in DMV, they agreed to give me and wife 6 months driving license and told me you have to find another immigration document next time (meaning apply for EAD for urself and wife)
Sorry if this does not help you much.
My son and wife too had EAD's expiring in Aug, 2010.. Had no option but to get the DL for three months and applied for another renewal of EAD's.. What a crap..$ after $.. Did the letter from USCIS you got after infopass help or not??
Sorry if this does not help you much.
My son and wife too had EAD's expiring in Aug, 2010.. Had no option but to get the DL for three months and applied for another renewal of EAD's.. What a crap..$ after $.. Did the letter from USCIS you got after infopass help or not??
zCool
03-20 04:20 PM
Yes,
Employer can revoke 140 anytime till 485 is approved.
If you are past 180 days after application of 485 then that would not make your 485 invalid. that is the crux of AC21 portability.
Employer can revoke 140 anytime till 485 is approved.
If you are past 180 days after application of 485 then that would not make your 485 invalid. that is the crux of AC21 portability.
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gc_chahiye
10-05 04:12 PM
How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?
getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.
getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.
2010 Who Is The Current Supreme
BharatPremi
07-27 02:37 PM
After EAD is approved, H4 can work anywhere in any job.
O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).
Now real question should be "Should I use EAD or Should I be on H1/H4?"
If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.
O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).
Now real question should be "Should I use EAD or Should I be on H1/H4?"
If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.
more...
fromnaija
03-18 04:17 PM
So it automatically changes the status from H4 to EAD. I have also confirmed this the officer about the status, he confirmed that the status will automatically changed to EAD. So H4 no longer exists for spouse if the spouse carried H4 earlier.
Not true. Applying for and getting EAD and SSN does not invalidate H4; using the EAD to work does.
Not true. Applying for and getting EAD and SSN does not invalidate H4; using the EAD to work does.
hair Supreme Court Justice.
crystal
09-14 03:39 PM
are we not aliens?
i hear as if some aliens are speaking .
i hear as if some aliens are speaking .
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Lisap
08-03 12:16 PM
Well atleast we arent alone I guess
hot Supreme Court Justice
s_r_e_e
08-15 11:53 AM
instead of sending my application with fedex he went in person and filed it in person to be sure. (he filed 211 cases in all). I am asking him for the proof of filing and he is telling that since he handed applications in person, he didn't have any acknowledgment from USCIS.
Today is August 15th and Can I file my case myself today, so that it reaches before Aug. 17th. Basically since I had all papers with me except medical reports. What would happen if my first application is accepted before second application is opened for entry into system.
I wouldnt create a confusion with a second app, unless there is a solid reason to distrust the attorney.
Today is August 15th and Can I file my case myself today, so that it reaches before Aug. 17th. Basically since I had all papers with me except medical reports. What would happen if my first application is accepted before second application is opened for entry into system.
I wouldnt create a confusion with a second app, unless there is a solid reason to distrust the attorney.
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reddymjm
05-16 11:01 AM
I called, the clerk took the message and said will convery.
tattoo Supreme Court Justice
neerajkandhari
07-27 05:04 PM
Once i use my EAD can i work accepting 10/99 (contractor) with same or some other employer I am on H1b
Can my wife work as contractor she is on H4
Can my wife work as contractor she is on H4
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sapota
08-31 11:33 AM
believe that American companies are telling the truth when they claim there is a lack of qualified talent in the U.S. for the high tech industry?
Even though the disclaimer says unscientific poll, this is outrageously biased.
Please forward to all hi tech companies. Let it come from the horses mouth.
Even though the disclaimer says unscientific poll, this is outrageously biased.
Please forward to all hi tech companies. Let it come from the horses mouth.
dresses his Supreme Court Justice
rajmehrotra
07-09 02:02 PM
I understand, but don't. The possibility of you getting hurt in some way if he reciprocates in kind is much higher. Steel yourself, and move on...
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makeup Supreme Court Justices,
Templarian
04-23 04:42 PM
^I didn't even know if it was relevant when i remembered the "SDL", i just remember my bro talking about it once. But that was a very long time ago.
Maybe as your learning you could write up some very simple step by step tutorials for beginning the use of SDL.
Maybe as your learning you could write up some very simple step by step tutorials for beginning the use of SDL.
girlfriend Edit Current Justices
pappu
05-29 07:28 PM
AVS channel has an indian program every saturday starting 10am -12.00pm
I am sure many indians watch this.There is also 'free' immigration advise by some lawyers at the end of the program.
If some one has contacts at AVS may be IV could get more coverage.
Thinking out loud..
Thanks. could you please get in touch with them and seek their help. If you get a positive response and they are interested, let us know and we will pursue it further. thanks
I am sure many indians watch this.There is also 'free' immigration advise by some lawyers at the end of the program.
If some one has contacts at AVS may be IV could get more coverage.
Thinking out loud..
Thanks. could you please get in touch with them and seek their help. If you get a positive response and they are interested, let us know and we will pursue it further. thanks
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indyanguy
07-31 11:17 AM
You are not. EAD is basically for spouse. Primary applicant need to be careful on using EAD.
When you say careful, what do you think needs to be avoided? What are the dos and dont's of a primary applicant who wants to use their EAD?
When you say careful, what do you think needs to be avoided? What are the dos and dont's of a primary applicant who wants to use their EAD?
rahul2699
05-16 07:59 AM
Current Status: H1 (visa stamp expires Sept 2011)
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
If you travel while an application to extend/transfer is in progress, the application is considered abandoned which in many instances results getting approval with out an I-94 at the bottom.
As far as i know, a pending application can not be used to reenter. You must have valid visa stamp in your PP for reentry unless a visa waiver or AP can be used. You can enter with Comp A's visa stamp and approved transfer copy from Company B as long as the visa is not expired.
Please check with an experienced immigration lawyer before travelling.
* i am not a legal expert.
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
If you travel while an application to extend/transfer is in progress, the application is considered abandoned which in many instances results getting approval with out an I-94 at the bottom.
As far as i know, a pending application can not be used to reenter. You must have valid visa stamp in your PP for reentry unless a visa waiver or AP can be used. You can enter with Comp A's visa stamp and approved transfer copy from Company B as long as the visa is not expired.
Please check with an experienced immigration lawyer before travelling.
* i am not a legal expert.
smidreb
07-30 01:13 PM
Hi all,
One of my friend is separated (not divorced) from her husband.
can she file 485 by herself. Does she needs anything latest doc from her husband. She does have all the copies of his documents.
She is thinking she can work if she gets EAD. She does not have anybody here are back home except her mom. Please suggest a solution
One of my friend is separated (not divorced) from her husband.
can she file 485 by herself. Does she needs anything latest doc from her husband. She does have all the copies of his documents.
She is thinking she can work if she gets EAD. She does not have anybody here are back home except her mom. Please suggest a solution
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