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  • howzatt
    11-14 02:22 PM
    As per my family experience: for my husband and daughter they issued EADs without
    FP 3 weeks befor FP app-t, but mine EAD was ordered, as I've been informed by e-mail,
    in a 4 days after FP was done.

    So, even if Biometricals are not mandatory for EAD, but EAD Card has place for FP on it,
    in some cases they(USCIS) may pretend that there are a requirements( depends from officer)


    Does it have anything to do with how recently you travelled out of the country? or How recently you came into this country? My wife came to US only 6 months back and I am not sure if this has got to do anything with the whole biometrics thing?

    It is probably just this IO who has a different intepretation of the rules.




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  • desi3933
    08-26 02:32 PM
    She can work for any company she wants... her EAD is not limited to any job/profession... So she can work for Company B or C or D

    PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...

    She can not get an H4 though... thats seen as abandoning your AOS status...

    Hope this helps...

    >> She can not get an H4 though... thats seen as abandoning your AOS status...

    Totally Incorrect.


    ________________
    Not a legal advise.




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  • nrk
    10-26 02:16 PM
    Thanks for the information. Green for you

    is this what you are asking for?

    http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf




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  • seba
    09-24 03:29 PM
    GreenTech, that's a good question. I am considering to transfer to offices in Asia or Europe next year and then attend B-school in the US after 2 years. That way, once I graduate, I will also at least have the option to get another 6-year H1 in the US.

    thepaew, thanks for the advice. I have been thinking about this for a while, and my options are:

    1) Start the GC process now and wait until I get the GC. Then think about B-school after I get the GC (I am not interested in part-time programs).
    2) Forget the GC process and transfer to Europe or Asia next year and then attend B-school in the US after a few years.

    Personally for me, having an MBA in 5 years is more valuable than having a GC in 5 years, so I am leaning towards option 2 above. However, if I don't get into B-school, then that's another story... I would probably transfer back to the US on L1 and start the GC process. At that point, I would apply under EB2 anyway with my Bachelor's and 5+ years experience.

    Thanks again everyone for the replies and advice. And yes, of course you are not lawyers, but your help is still very useful. During my H1 renewal process, I got more useful info from here than from my company's lawyer!



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  • chanduv23
    09-04 04:18 PM
    LostInGCProcess, Chanduv23,
    Thank you for your replies, I appreciate it.

    So, I guess, it is okay to get the H1B "Transferred" and if (god forbid) I-485 gets denied, I can still work till the teneure of H1B and then go home.

    Also, if i-140 is revoked , that should trigger NOID or RFE which the lawyer will handle (hopefully successfully).

    Once again, Thanks a lot.

    Regards.

    GCCovet

    If 485 gets denied because of 140 revocation after 180 days, it is erroneous and has to be resolved through MTR. H1b is very useful in such cases as you can continue to work while you seek resolution through MTR. If on EAD it gets risky because you cannot work when MTR decision is awaited.




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  • ragz4u
    03-15 11:39 AM
    hi Super_Moderator,

    Why cant we try to add now..instead of waiting for later time..to add this ammendment thru some senator or somebody for filing 485 during retrogression...

    just to know whey we need to wait for later to add this...

    Unfotunately thats not the way the US political system works! Just as we are trying to get pro-immigrant stuff in, there are others who are trying to negate our force and in fact get any pro immigrant stuff out! Example, numbersusa.

    As I have said in my previous post, we are trying to push for the pro-immigrant package at every step. It could happen now, it could happen later, in the worst case it might not happen at all! There are a lot of forces involved in this.

    What is in our control is to keep trying and not give up till the very end. And make no mistake, we are doing that every second coz we are in the same boat as you are.



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  • snram4
    06-25 04:49 PM
    what you mean by qualified people? Are you expecting a dynamic person with master degree or above with more than 5 years
    but less than 10 years and those willing to work 16 hours a day and ready to relocate any time and for the QA analyst
    position with the pay range of 30 to 40K? Then you will never get except some unemployed H1bs. I am seeing so
    many unemployed Citizens/GCs/EAD and existing H1bs are available in USA. The slow movement of H1b cap shows that


    That's correct.
    There are many unemployed, but there are not many qualified willing people available.
    Trying hard to recruit IT people for a month. Hardly finding any.




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  • yagw
    09-27 01:34 AM
    Folks,
    Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.

    Thanks!
    Shishya

    AFAIK, your visa status will not affect day-trading. You just need to specify the gain/loss when you file taxes (like anyone).

    That said, I believe you are aware of the requirement that you need to have a minimum of $25K in your account to do day-trading. And also the risks involved in it.

    My 2c as some one who tried it, play only with money you can afford to loose (as you WILL most of the time) and get out if you have to, without emotional attachment.

    Have fun and BE SAFE!!!



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  • thomachan72
    05-10 09:42 AM
    I am curious to know if people are sending amounts >20K by wire transfer to India or other countries from the US. People who do that regularly or have done that in past, have you encountered any problems? Wire transfers are directly informed by the bank to the IRS and you do not have to do it personally right?
    Comments from those who have done this before is appreciated.




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  • mundram
    04-20 12:03 PM
    Recently, I was in the similar situation but with H4 dependents.
    Here was the response from my lawyer:

    "the I-94 card should reflect that date. What I would like them to do is go to their local port of entry (probably airport), to have the I-94 cards corrected. It does not need to be the same airport that they entered through."

    The airport authorities easily updated the "until" date. However, they told me that the system recognizes the exit date based on the visa validity date. But safe to get it updated from your local airport.



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  • vasu009
    07-17 02:47 PM
    [QUOTE=gsc999]--
    I couldn't help post a reply. I was trying not to add to the buzy server traffic.

    Isn't it amazing, thousands of people are waiting with bated breath for the USCIS update news and some idiot opens a new threads to start a baseless rumor. And claims that news comes from Greg. This so called news as it turns out is a comment by some troll "south" on Greg's website.

    Our friend here who opened this thread fails to even see the connection between the id handle "south" and his post" going south." Honestly, things like this make you wonder, how can such people call themselves highly skilled.[I agree with you sir, Every body is aware that all of us are stressed, but please take a moment before starting a thread and the validity of the news/QUOTE]




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  • rockstart
    01-09 11:53 AM
    As far as I know he was allowed to board the flight. No issues there but there can be issues when he re-enters US. Since he was on B1 (10 year Multiple) he can stay max 6 months in US so he has I 94 till Apr 09 but if he say come in Oct 09 to US again the system might not have checked him off so it might display that he is still in US and he overstayed his Visa and so CBP will call him in for secondary inspection. As far as I know it can be resolved by showing flight ticket stub and arrival stamp in destination country etc. Its more if hassle than anything.



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  • kris04
    07-06 07:44 PM
    Why would you need an EVL from your new employer or inform the USCIS of your job change, in this case? AC21 does not require you to "file AC21" (whatever that means), contrary to what has been advised in this forum many times. Please Google "Yates memo;" see, e.g., http://www.shusterman.com/pdf/ac21-51205.pdf. Here are my attorney's comments in this regard:

    "AC21 is the name of the immigration act that allowed portability for those who have an approved I-140 and I-485 pending over 180 days. There are no regulations for this provision therefore no instructions regarding notification so there is no actual action to "invoke AC21". The Service will sometimes send out an RFE just prior to approving an I-485 to request confirmation that the individual is either still employed by the sponsoring employer or if not, that he/she was portable when changing positions which is evidenced by a letter from the new employer."

    I don't think you should request any thing from your new employer other than a job offer. You need an EVL *only* in case of an RFE. And no need to "file AC21!"

    with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.

    Cheers

    Kris




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  • krishnam70
    07-18 12:34 PM
    There's no need for you to be negative.

    Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....

    wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?


    ps57002

    There have been numerous threads in this forum about the utility of sending more flowers to USCIS, whitehouse, condi, Bush etc etc and there is no consenus on that. Now If you need to try to bring to attention the delays of the BEC try something innovative or if you feel flowers are the way to go
    then go do it, but before doing that try to find out your audience, how many people are affected by this. In case of 485 retro there were thousands of people who were affected and so there was a tremendous response. Now while i do not deny that there might be same kind of numbers stuck in BEC you need to bring the issue in to focus and make a drive to bring in the believers.

    The flower campaign started off as a small remark and some people believed it would work and just kept working on it and ultimately it 'may' have worked because of the organized activity that took place. Now if you believe it will work for BEC centers too go ahead with your plan( I am not sure IV will support it, initally the Gandhigiri did not have IV support too if i recall). If people believe it will work they will join the campaign. Publicise your efforts and you will see results.

    go do it..
    cheers

    edit:
    http://immigrationvoice.org/index.php?option=com_frontpage&Itemid=1

    IV has recommendation to not use flowers going forward
    BEC reduction is one of they key goals of IV going forward. so stay tight you should hear something soon



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  • bbenhill
    09-18 05:26 PM
    Of course you can work using your EAD for your Employer. The reason why so many still remain on H1(even after getting EAD) is because if the I-485 (AOS) is denied, they can still continue to work on H1 and maybe restart the whole GC process. But its not possible once you switch to EAD. You cannot fall back to H1.

    LostInGCProcess, his I140 is not approve, how come he can use his EAD ?

    AOS can only be use after his I140 is approved.

    Thx




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  • sh2005
    08-13 11:24 AM
    From my notice the processing date is meaningless at TSC because the dates are mostly the processing windows. For example, I140 was Jan 13 in July notice, which was 6 months behind. If you take a look on AP and EAD, they were just 3 months behind.

    It turns out to me that processing date is the date that you are entitled to make a phone call to request your status. You may be lucky to have your EAD in 1 or 2 months. But if you do not have it in three months, you can make a call to request a reason they can not deny your request. But if your date is later than the processing date, they may turn down your request or ask you to wait.

    That's it!

    It makes predicting when our applicatios will be done a little harder :)



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  • ujjwal_p
    03-26 03:40 PM
    just listen to the show - wonderful performance - you were crisp and to the point ... your points on this EB mess and the closing comments were great ... the 2nd caller shows the typical American common man mentality towards EB community ...

    First of all, Mark: Great job ! I think this was a great spokesperson job for our issue. I think the biggest problem facing our issue is lack of awareness. I disagree with sammyb's comment. I don't think the 2nd caller shows the typical american mentailty towards *our* issue. Any talk about immigration, be it legal or illegal, gets overtaken with the bigger illegal immigration debate. And that is natural given the scale of illegal immigration problem when compared to the legal one. I think Mark gave a great response to the 2nd caller by giving perspective. Until there is more awareness about the *legal* immigration issues and a separation from the larger illegal immigration debate, this will be a tough battle.

    On the face of it, this shouldn't be hard. People who follow the rules and the majority of them being tremendous assets to the American economy. Just the kind of immigrants a country would want : educated (in quite a few cases highly), skillful , law abiding and language proficient. Yet, here we are.




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  • coopheal
    07-26 11:39 AM
    I have added my experience on wiki. Please add the banks you used here..
    http://immigrationvoice.org/wiki/index.php/Sending_Money_to_India




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  • leo2606
    07-29 06:20 AM
    My son is an U.S citizen (4 years old) and my Attorney successfully filed a petion on behalf of me and mywife.

    But that petion is based on EB2 :p


    Hi there,

    IV seems to be a terrific service to the immigration community. Kudos to the people who work hard to make it work.

    Has anyone heard of cases where immigration lawyers have successfully petitioned on behalf of parents of a US baby (way before the age of 18) to become GC holders or citizens?




    srikanthmavurapu
    08-16 04:03 PM
    It all depends if you have a written agreement that prohibits you from working with the current employer. If there is no contract, you are safe. It seems that there is no such contract that either you signed with your ex-employer or middle-men.

    If your employer doesn't pay you the salary that he agreed to (in writing), then you can be sure that DOL will ask your employer to pay a fine and pay you the salary. I would suggest that if he does or does not sue you, you better complain to DOL that you weren't getting paid. This will no way this will affect you.

    In the Employee Agreement which i signed there is clause saying i cannot work for the same client directly or indirectly for one year . I don't think i signed any contract with ex-employer or middle men. I don't even have the copy of contract document(purchase order) when i got this job offer at this client.
    I will complain to DOL just thinking to talk to a Lawyer first but i will complain to DOL this week at any cost.
    Thanks,
    Srikanth




    krishnam70
    02-22 12:48 PM
    This is possibly a repeat/trivial question for the gurus here - but I am seeking latest upto date information. So here it goes..

    I have been on H1B since Oct06 ( after OPT), working for the same company as Electrical Engineer in full time position. I haven't traveled to India ( or anywhere out of US) since Aug 2003 when I came here for my MS.

    I am planning to travel to India this Dec and probably to UK in July. And so I planned to get my H1B stamped from Canada in May/June. But my company attorney has advised me that its better to go for stamping in India - as because of the Tech Alert List, there have been significant delays for some people.

    I wanted to know if anybody has any real time experience. And what is the advise of the gurus - India or Canada?

    Thanks a lot - your help is much appreciated!

    Unless its absolutely necessary that you go out of the country I would not advise you to leave. In recent days I have heard of people with even valid H1 stamps and with projects on hand being turned back from POE by IO's despite getting assurances from the employee's manager that the position is critical. The question from the IO was they could find ton's of people here in the US who have similar skills and there is no need for a H1 guy to do it.

    Do not want to spread the panic but ....Be careful..

    - good luck
    kris



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