saileshdude
05-20 10:12 PM
From what I understand, if you have an H1b extended based on your Labor or I140 approval, if your I485 is denied, all applications/extensions based on your Adjustment of Status also expire.
From the lawyers' perspective, all of them promoting H1bs is more a business push than a 'favorable situation for the applicant' push.
Most EAD/AP applications/renewals are now filed by applicants directly, whereas H1Bs go thru the lawyers.
But keeping the moolah part aside, why would an EAD be invalid whereas a H1b be valid, when both are based on the Green Card application?
Because there are no clear regulations around what happens to H1 if I-485 gets denied. But there are existing regulations that EAD becomes invalid. So being on H1 gives you an edge. You will not able to extend/transfer H1 but there is no effect on existing approved h1.
Also even if you use EAD you can actually get back on H1 status without being counted against the quota as long as your I-485 is pending. But you will need to go out and get H1 stamped and re-enter. In this particular case, since father was primary applicant he could have sponsored new H1 w/o I-94 and get it stamped and re-enter. Not sure why lawyer did not suggest that.
From the lawyers' perspective, all of them promoting H1bs is more a business push than a 'favorable situation for the applicant' push.
Most EAD/AP applications/renewals are now filed by applicants directly, whereas H1Bs go thru the lawyers.
But keeping the moolah part aside, why would an EAD be invalid whereas a H1b be valid, when both are based on the Green Card application?
Because there are no clear regulations around what happens to H1 if I-485 gets denied. But there are existing regulations that EAD becomes invalid. So being on H1 gives you an edge. You will not able to extend/transfer H1 but there is no effect on existing approved h1.
Also even if you use EAD you can actually get back on H1 status without being counted against the quota as long as your I-485 is pending. But you will need to go out and get H1 stamped and re-enter. In this particular case, since father was primary applicant he could have sponsored new H1 w/o I-94 and get it stamped and re-enter. Not sure why lawyer did not suggest that.
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noone2day78
02-10 04:32 PM
Hi all,
I have received my EAD in oct 07 and my AP last month, with my spouse being primary applicant. Currently I am on h1b, however, I have a better offer at hand thro another employer who does not sponsor h1b. I was searching for posts on comparing h1b vs ead..but could not locate one.
Could someone enlighten me on this issue as to what wld be common issues that are raised if one switches to ead (other than the possibility of being out of status). I am presuming that if my spouse stays on h1b I can switch to h4 status if required?
Please advice..I need to make a decision this weekend!!
Thanks
San
I have received my EAD in oct 07 and my AP last month, with my spouse being primary applicant. Currently I am on h1b, however, I have a better offer at hand thro another employer who does not sponsor h1b. I was searching for posts on comparing h1b vs ead..but could not locate one.
Could someone enlighten me on this issue as to what wld be common issues that are raised if one switches to ead (other than the possibility of being out of status). I am presuming that if my spouse stays on h1b I can switch to h4 status if required?
Please advice..I need to make a decision this weekend!!
Thanks
San
tonyHK12
12-02 10:29 AM
As i had indicated earlier, I spoke with my employer, he cannot do anything in terms of lobbying - but has agreed to do things. He will donate to IV and he will write a letter stating that small businesses like ours need to be able to fully utilize the capabilities of the employers...and it helps to have the green card.
Not sure who the letter needs to be addressed to, any suggestions would be helpful.
We can use all the help we can get. Could you send details of this to our moderators StarSun and Pappu.
I will also indicate this to our admins at Donor forum to check how they can best use your employer's help and get back.
Not sure who the letter needs to be addressed to, any suggestions would be helpful.
We can use all the help we can get. Could you send details of this to our moderators StarSun and Pappu.
I will also indicate this to our admins at Donor forum to check how they can best use your employer's help and get back.
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arsh007
12-21 08:58 AM
Please let me know if Missouri members can participate on this conference. I am not aware if we have any local IV chapter in Missouri. Looking forward to your response.
more...
waitingnwaiting
01-25 09:51 PM
Can he add an amendment to divide spillover equally between EB2 and EB3 India. This will help a lot.
sundarpn
08-03 06:45 PM
Is the below in bold which mambarg has mentioned true?
I thought once an I-140 is approved, one carries that priority date for life.... (even if the 140 is revoked). At any point if he files another 140, the priority date can be ported.
its news to me that 485+180 day rule applied to mere porting of priority date too?
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
I thought once an I-140 is approved, one carries that priority date for life.... (even if the 140 is revoked). At any point if he files another 140, the priority date can be ported.
its news to me that 485+180 day rule applied to mere porting of priority date too?
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
more...
tinoue
09-27 08:24 AM
Hi All,
I received the I-485 reciept notice yesterday from my lawyer (see below for my info), but the alien number on I-485 is different from the number on my approved I-140. My I-140 has a number starting with A099, but my I-485 reciept notice has a number starting with A088. Someone in this forum mentioned that A099 is for the primary applicant and A088 is for the dependant. I am the primary applicant for I-485, so if it is true, I should get A099, not A088. I am not sure if I can have two different alien numbers or if this is a mistake by USCIS. Is anyone in the same situation?
I am sorry if this issue is discussed previously (I couldn't find the related thread). I would greatly appreciate your input.
Thank you very much.
-------------------------------------------------------------
EB1 ROW
PD: 08/2006
140: approved in 06/2007 (NSC)
485 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
765 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
131 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
FP notice recieved on 09/24/07
FP appointment (self and spouse): 10/16/07
I received the I-485 reciept notice yesterday from my lawyer (see below for my info), but the alien number on I-485 is different from the number on my approved I-140. My I-140 has a number starting with A099, but my I-485 reciept notice has a number starting with A088. Someone in this forum mentioned that A099 is for the primary applicant and A088 is for the dependant. I am the primary applicant for I-485, so if it is true, I should get A099, not A088. I am not sure if I can have two different alien numbers or if this is a mistake by USCIS. Is anyone in the same situation?
I am sorry if this issue is discussed previously (I couldn't find the related thread). I would greatly appreciate your input.
Thank you very much.
-------------------------------------------------------------
EB1 ROW
PD: 08/2006
140: approved in 06/2007 (NSC)
485 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
765 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
131 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
FP notice recieved on 09/24/07
FP appointment (self and spouse): 10/16/07
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sameer2730
05-15 08:24 AM
You are faking!!!
Here are the reasons...
1) First up there is no candidate name on the LCA. When H-1B is filed, a location specific LCA is sent along with the application/ petition.
2) On subsequent change of location, a location specific LCA is taken out and kept for office records (after displaying on the office notice boards) and copy is given to you. This LCA never has any name(s) on it. A single LCA can be taken for 10 positions. This LCA is never sent to USCIS. USCIS does not keep track of an individual's projects/ clients after the initial approval of H-1B (unless they make a site visit to your employers office and go through each and every work orders and ascertain them against existing valid LCAs, which is very unlikely considering the timeline you are quoting).
3) Yes it is a violation if an LCA is not pulled out for the new location. But that is the problem of the employer not yours and it is highly unlikely the individual will be penalized even if USCIS were to find out the violation after making a site visit.
4) If you suddenly got a nightmare, please state that in your post rather than stating it as a fact. Honest nightmares will still be discussed on this forum.
So Stop faking!!!
Thank you sir for finally putting into words what I always suspected. This is shit to attract attention to their site. That was the first place this nonsense came up and just watch how active that thread is . Everywhere else the thread dies quickly.
Other signs these threads are bull. They either give too much info (All tax returns info for the past 10 years) or too little (I got a one line RFE). Secondly look at the id of this guy "Mishras" - How many S Mishra's got this RFE. Where is the effing anonimity. Just a bunch of amateurs trying too hard to make up believe they are authentic.
The other anti's I see here posing as good guys
"GCFORMEORNOT" - Always digging up fear mongering threads to distract from our main goal
"EASTINDIA" - Real first class asshole posing as someone who is a crusader of playing by the rules.
Another reason I feel the above too are rouge is because they change their RED - GREEN status like the markets of 2008. One day they are bright red and the next day they are bright green. Basically they have teamed up each other or maybe other anti's to get the greens just to look authentic.
May those who indulge in this classless activity burn in effing hell.
Here are the reasons...
1) First up there is no candidate name on the LCA. When H-1B is filed, a location specific LCA is sent along with the application/ petition.
2) On subsequent change of location, a location specific LCA is taken out and kept for office records (after displaying on the office notice boards) and copy is given to you. This LCA never has any name(s) on it. A single LCA can be taken for 10 positions. This LCA is never sent to USCIS. USCIS does not keep track of an individual's projects/ clients after the initial approval of H-1B (unless they make a site visit to your employers office and go through each and every work orders and ascertain them against existing valid LCAs, which is very unlikely considering the timeline you are quoting).
3) Yes it is a violation if an LCA is not pulled out for the new location. But that is the problem of the employer not yours and it is highly unlikely the individual will be penalized even if USCIS were to find out the violation after making a site visit.
4) If you suddenly got a nightmare, please state that in your post rather than stating it as a fact. Honest nightmares will still be discussed on this forum.
So Stop faking!!!
Thank you sir for finally putting into words what I always suspected. This is shit to attract attention to their site. That was the first place this nonsense came up and just watch how active that thread is . Everywhere else the thread dies quickly.
Other signs these threads are bull. They either give too much info (All tax returns info for the past 10 years) or too little (I got a one line RFE). Secondly look at the id of this guy "Mishras" - How many S Mishra's got this RFE. Where is the effing anonimity. Just a bunch of amateurs trying too hard to make up believe they are authentic.
The other anti's I see here posing as good guys
"GCFORMEORNOT" - Always digging up fear mongering threads to distract from our main goal
"EASTINDIA" - Real first class asshole posing as someone who is a crusader of playing by the rules.
Another reason I feel the above too are rouge is because they change their RED - GREEN status like the markets of 2008. One day they are bright red and the next day they are bright green. Basically they have teamed up each other or maybe other anti's to get the greens just to look authentic.
May those who indulge in this classless activity burn in effing hell.
more...
mita
12-05 11:36 AM
I was waiting for someone to spit venom at timesofindia but did not happen till today.
By the way, do you believe in the news from other billion news website? I think most of us visit other websites to verify if the info is correct so that there is no propoganda involved. If you think timesofindia is one of them than don't visit that website but you cannot request others to do the same.
Please do not post news from timesofindia.com over here! This is not a mirror image site of TOI. Besides, timesofindia.com is good for nothing anyway.
They put H1-B/Green Card rumors left and right on the front page. It is propaganda to get more hits and that is where it ends. Thank you.
By the way, do you believe in the news from other billion news website? I think most of us visit other websites to verify if the info is correct so that there is no propoganda involved. If you think timesofindia is one of them than don't visit that website but you cannot request others to do the same.
Please do not post news from timesofindia.com over here! This is not a mirror image site of TOI. Besides, timesofindia.com is good for nothing anyway.
They put H1-B/Green Card rumors left and right on the front page. It is propaganda to get more hits and that is where it ends. Thank you.
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perm
08-08 03:01 PM
The credits are based on the amount of your earnings. We use your work history to determine your eligibility for retirement or disability benefits or your family�s eligibility for survivors benefits when you die.
In 2006, you receive one credit for each $970 of earnings, up to the maximum of four credits per year.
Each year the amount of earnings needed for credits goes up slightly as average earnings levels increase. The credits you earn remain on your Social Security record even if you change jobs or have no earnings for a while.
http://www.ssa.gov/pubs/10072.html
http://law.freeadvice.com/government_law/social_security_law/social_security_credit.htm
In 2006, you receive one credit for each $970 of earnings, up to the maximum of four credits per year.
Each year the amount of earnings needed for credits goes up slightly as average earnings levels increase. The credits you earn remain on your Social Security record even if you change jobs or have no earnings for a while.
http://www.ssa.gov/pubs/10072.html
http://law.freeadvice.com/government_law/social_security_law/social_security_credit.htm
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Pineapple
10-10 12:02 PM
Anyone?
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Libra
08-10 03:03 PM
Signed up for 50$ monthly
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ca_immigrant
07-25 07:49 PM
Folks,
What is the best and most cost effective way to send some money home ?
Till last year I was using the service from icici and was under the belief that the exchange rate was pretty decent. the service I believe was never free as they make up for service fee though the exchange rate.
Today for example when I check on icici it says they will give a rate of 47.63 per $ which I believe means around half a rupee less per $ ?
so for $1000 they are essentially charging Rs 500 (aound $10)
I beleive previously they were giving around 25 paise less per $ and now it looks like it is 50 paise less per dollor ?
Western union charges $15 and also gives a lower exchange rate than icici.
So would that mean ICICI isthe best cost effective one ?
Ideas ?
Thanks,
What is the best and most cost effective way to send some money home ?
Till last year I was using the service from icici and was under the belief that the exchange rate was pretty decent. the service I believe was never free as they make up for service fee though the exchange rate.
Today for example when I check on icici it says they will give a rate of 47.63 per $ which I believe means around half a rupee less per $ ?
so for $1000 they are essentially charging Rs 500 (aound $10)
I beleive previously they were giving around 25 paise less per $ and now it looks like it is 50 paise less per dollor ?
Western union charges $15 and also gives a lower exchange rate than icici.
So would that mean ICICI isthe best cost effective one ?
Ideas ?
Thanks,
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spicy_guy
04-08 04:47 PM
I believe the intention of not moving too much beyond jul 06 , may be to make some spill over benfit happen to EB3 also. If they open the gate for EB2 now, lots of 485 application may come in and there may not be spill over to EB3. :)
Krupa
If that were to happen, EB3 I should move at least one month ?!!?!
Krupa
If that were to happen, EB3 I should move at least one month ?!!?!
more...
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NolaIndian32
09-22 10:30 AM
I completely empathize with you - see my case details in signature :-(
When my labor certification was stuck at backlog elimination center, i was hoping that LC does not stand for "Lost Case" and now for some fre**king reason my early 2004 EB2 case is not being picked up when later cases are being approved, now I hope that GC does not stand for "Gone Case".
When my labor certification was stuck at backlog elimination center, i was hoping that LC does not stand for "Lost Case" and now for some fre**king reason my early 2004 EB2 case is not being picked up when later cases are being approved, now I hope that GC does not stand for "Gone Case".
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chanduv23
12-15 11:40 AM
My company is surplussing me among other employees to be laid off around Apr 2009.
My case is as follows:
Case EB3 India
PD Mar 2004
Labor and I-140 approved
I-485 filed during Jun-Jul 2007 rush, FP done, waiting for PD to become current
Right now I am working on H1-B extension, and to make things complicated, I got married in Jul 2008 and brought spouse on H4.
I am not sure which avenue is the best for me, I would appreciate your input.
Thanks,
As you did not apply for 485 for your wife, she has to be on h4. You have enough time to get a job and file for h1b transfer and use ac21. Start looking for jobs and make your move once you get the job.
My case is as follows:
Case EB3 India
PD Mar 2004
Labor and I-140 approved
I-485 filed during Jun-Jul 2007 rush, FP done, waiting for PD to become current
Right now I am working on H1-B extension, and to make things complicated, I got married in Jul 2008 and brought spouse on H4.
I am not sure which avenue is the best for me, I would appreciate your input.
Thanks,
As you did not apply for 485 for your wife, she has to be on h4. You have enough time to get a job and file for h1b transfer and use ac21. Start looking for jobs and make your move once you get the job.
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kaisersose
02-15 11:18 AM
The mailroom clerks who open mail and process initial information are generally functioning a in a dumbed down mode.
USCIS is aware of their deficiences and hence have provided a solution. For such cases as yours, you should attach a cover letter clearly stating that this case is not to be opened by the mailroom people. It should be addressed to an IO who will do what's necessary.
It appears your lawyer did not do this. So make sure he does it right this time or find a different lawyer. You can also do it yourself by learning the procedure from others who went through the same pains.
USCIS is aware of their deficiences and hence have provided a solution. For such cases as yours, you should attach a cover letter clearly stating that this case is not to be opened by the mailroom people. It should be addressed to an IO who will do what's necessary.
It appears your lawyer did not do this. So make sure he does it right this time or find a different lawyer. You can also do it yourself by learning the procedure from others who went through the same pains.
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ram112
09-03 05:09 AM
Folks,
I got greened today, surprisingly. Could anyone let me know what are the good numbers to reach a human in USCIS, hopefully with less wait time. I wanted to check with them what address they have on file. I filed an address change in JUne but I am not sure if they have it right in their systems. Also, is there a way to get this information without calling them.
Thanks a lot ..
I got greened today, surprisingly. Could anyone let me know what are the good numbers to reach a human in USCIS, hopefully with less wait time. I wanted to check with them what address they have on file. I filed an address change in JUne but I am not sure if they have it right in their systems. Also, is there a way to get this information without calling them.
Thanks a lot ..
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jediknight
09-16 02:05 PM
It's time to tell CNN not to give a platform for racists.
Drop Dobbs: Halt the Hate (http://www.dropdobbs.com/)
Please sign the petition
Take Action (http://www.dropdobbs.com/take-action/)
"Drop Dobbs": CNN Pressured To Give Up Controversial Host (VIDEO) (http://www.huffingtonpost.com/2009/09/16/drop-dobbs-cnn-pressured_n_288506.html)
Please also post this to other web forums, facebook, twitter and send emails to your friends and colleagues asking them to sign the petition.
- JK
Drop Dobbs: Halt the Hate (http://www.dropdobbs.com/)
Please sign the petition
Take Action (http://www.dropdobbs.com/take-action/)
"Drop Dobbs": CNN Pressured To Give Up Controversial Host (VIDEO) (http://www.huffingtonpost.com/2009/09/16/drop-dobbs-cnn-pressured_n_288506.html)
Please also post this to other web forums, facebook, twitter and send emails to your friends and colleagues asking them to sign the petition.
- JK
sunny1000
06-11 02:31 PM
I am in my 8 yr. Have a H1-B approved Untill 2008 Dec
Have a EB3 Approved Labor and 140 from Company A.
Now as of today if I move to Company B ...
Question :
Can I get a 3 yr Extension based on Company A (140 Approved )
that is from june 2007 to june 2010
OR
Do I get my H1-B untill 2008 Dec ?
----
When I move to Company B is there anything that I have be aware off as
I am planning to pally Eb2 and move the PD from company A
My PD : EB3 Jun 2004
Thanks Thanks Thanks Thanks
You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.
This is just my view. There might be better ways but, that is the only one I can think right now.
Have a EB3 Approved Labor and 140 from Company A.
Now as of today if I move to Company B ...
Question :
Can I get a 3 yr Extension based on Company A (140 Approved )
that is from june 2007 to june 2010
OR
Do I get my H1-B untill 2008 Dec ?
----
When I move to Company B is there anything that I have be aware off as
I am planning to pally Eb2 and move the PD from company A
My PD : EB3 Jun 2004
Thanks Thanks Thanks Thanks
You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.
This is just my view. There might be better ways but, that is the only one I can think right now.
chmur
09-21 01:46 AM
What is it anyway?
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That's what one feels like
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