ASingh10
07-25 10:08 AM
Hi,
I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.
Now the questions:
1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?
2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?
3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?
4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?
4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.
Thanks,
A. Singh
I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.
Now the questions:
1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?
2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?
3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?
4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?
4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.
Thanks,
A. Singh
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kumarc123
10-22 09:28 AM
Gurus pls help,
Here's my situation.
I'm a derivative and recently got an interview notice.
1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).
If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?
2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?
Please let me know your thoughts. Thanks
Hello there,
Well I can answer one question of your's, when you travel to Canada, they don't normally put a new I94 ( I have driven too many times)
So I would put the date specified on the old 1-94 exclusive of my trips to Canada, reason being I-94 is the only official record of entering and exiting the country. So why complicate things more?
Hope it helps
Here's my situation.
I'm a derivative and recently got an interview notice.
1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).
If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?
2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?
Please let me know your thoughts. Thanks
Hello there,
Well I can answer one question of your's, when you travel to Canada, they don't normally put a new I94 ( I have driven too many times)
So I would put the date specified on the old 1-94 exclusive of my trips to Canada, reason being I-94 is the only official record of entering and exiting the country. So why complicate things more?
Hope it helps
sanjay02
10-17 08:24 PM
Thanks do I need to specifically tell the immigration officer at port of entry to make a copy?
pooja_34
Junior Member
Join Date: Dec 2006
Posts: 14
The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.
My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.
pooja_34
Junior Member
Join Date: Dec 2006
Posts: 14
The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.
My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.
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dvb123
03-02 09:25 AM
Bump
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kriskris
08-30 05:46 PM
Hi IVians,
I am trying to file for my H1 renewal on my own, I want to know if somebody in this community has done that. Also since SESA takes a bit of time in terms of wage determination, can I use the DOL online wage library as my source. Any inputs would be appreciated.
Thanks
You cant file H1 on your own. You need ur employers signature on it and ur employer has to file the petition. Even if you beat all that it is still very very risky to file on your own.
I am trying to file for my H1 renewal on my own, I want to know if somebody in this community has done that. Also since SESA takes a bit of time in terms of wage determination, can I use the DOL online wage library as my source. Any inputs would be appreciated.
Thanks
You cant file H1 on your own. You need ur employers signature on it and ur employer has to file the petition. Even if you beat all that it is still very very risky to file on your own.
gc_on_demand
12-09 11:04 AM
Is there any hope for us...
If it would be there admin must mentioned it on first thread. Well if it passes cloture, then no amendments are allowed. which means dream act will pass by it self. If it fails cloture vote, dream act will not pass...( so no point of adding amendments )
so to me either dream act will pass as alone or will not.. depends on cloture vote.
If it would be there admin must mentioned it on first thread. Well if it passes cloture, then no amendments are allowed. which means dream act will pass by it self. If it fails cloture vote, dream act will not pass...( so no point of adding amendments )
so to me either dream act will pass as alone or will not.. depends on cloture vote.
more...
485Mbe4001
02-10 05:11 PM
how can they approve 485's by 2010 if there are very limited visas available. Getting EAD or AP is not the end of the road. Final freedom is when you get the GC and that is not possible if unless we all lobby to change the law....I hope people understand that we are in for a very long wait if there is not change in the law, quota..
USCIS can simply say that they have eliminated backlogs by processing all applications.This does not IMPLY that all 2007 filers will have green cards in their hands.. Please understand thay my reply is not directed to you, instead it is in response to all the people i meet who expect to have GCs by 2010...its simply not possible with status quo.
Many point to track it and say that 485s are being approved out of turn. Please understand that this to is a load of crap, either some people are exteremly lucky or USCIS screwed up a small number of cases..the rest of us are in the same slow sinking boat to nowhere.
Take a look at this link. As per this, 2010 is the timeline promised by USCIS to clear all backlogs.
http://news.yahoo.com/s/ap/20080209/ap_on_go_pr_wh/immigration_backlogs
USCIS can simply say that they have eliminated backlogs by processing all applications.This does not IMPLY that all 2007 filers will have green cards in their hands.. Please understand thay my reply is not directed to you, instead it is in response to all the people i meet who expect to have GCs by 2010...its simply not possible with status quo.
Many point to track it and say that 485s are being approved out of turn. Please understand that this to is a load of crap, either some people are exteremly lucky or USCIS screwed up a small number of cases..the rest of us are in the same slow sinking boat to nowhere.
Take a look at this link. As per this, 2010 is the timeline promised by USCIS to clear all backlogs.
http://news.yahoo.com/s/ap/20080209/ap_on_go_pr_wh/immigration_backlogs
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EB3_SEP04
08-24 01:25 AM
You are not the only one to get that message. Info pass appointments are tough to get now. Check during odd hours. I finally found one after hours. ASC's are NOT the same as Field offices. Also Some Field offices require you to show the corresponding state drivers license.
Since my current EAD is expiring Sep 10th, I'm planning to go to the local USCIS office for an interim EAD in first week of Sep.
What is the procedure, do i need to take infopass or any other apoointment or just walk in with papers ?
It's not yet been 90 days since i filed, but i still want to give it a shot. I plan to take a letter from my employer saying without interim EAD (without me being able to work) company would face a setback in a critical phase of project.
I also plan to use such a letter in support of an expedite request.
Gurus please advice:
- How soon should I fax expedite request?
- How soon/late should i go to local USCIS office for interim EAD?
- Could one interfere the other?
Thanks!
Since my current EAD is expiring Sep 10th, I'm planning to go to the local USCIS office for an interim EAD in first week of Sep.
What is the procedure, do i need to take infopass or any other apoointment or just walk in with papers ?
It's not yet been 90 days since i filed, but i still want to give it a shot. I plan to take a letter from my employer saying without interim EAD (without me being able to work) company would face a setback in a critical phase of project.
I also plan to use such a letter in support of an expedite request.
Gurus please advice:
- How soon should I fax expedite request?
- How soon/late should i go to local USCIS office for interim EAD?
- Could one interfere the other?
Thanks!
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510picker
November 30th, 2008, 06:41 PM
Owen, when did you go over to the dark side? :eek:
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Saralayar
09-24 12:45 PM
After 09/18 I got NUD almost everyday until today
Now NUD = No Updates to Date ..... :o
Good One.. :D
Now NUD = No Updates to Date ..... :o
Good One.. :D
more...
sertasheep
03-07 06:02 PM
The featured attorney for the next conference call is Ms. Susan Henner. Susan Henner is a solo practitioner specializing in immigration law in Manhattan and White Plains, New York. She has been named as one of Westchester County, New York's "Forty Under Forty" Rising Stars by the Business Council of Westchester.
More information about Ms. Henner is available on her website (http://www.susanhenner.com/firmprofile.jsp)
Details for the next conference call:
Time: 11:30 AM Eastern Time
Date: 10 March 2007, Saturday
Dial-in: 218-486-1300, Bridge 153151
We invite you to participate in this call which has now been moved to Saturdays to make it more convenient for members to join.
The range of questions covered would be 101 through 126. We realize that some of these questions may be dated or you may have sought opinion from other sources- we would like to catch up and accept new questions as well for future calls at this time.
More information about Ms. Henner is available on her website (http://www.susanhenner.com/firmprofile.jsp)
Details for the next conference call:
Time: 11:30 AM Eastern Time
Date: 10 March 2007, Saturday
Dial-in: 218-486-1300, Bridge 153151
We invite you to participate in this call which has now been moved to Saturdays to make it more convenient for members to join.
The range of questions covered would be 101 through 126. We realize that some of these questions may be dated or you may have sought opinion from other sources- we would like to catch up and accept new questions as well for future calls at this time.
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gc_peshwa
09-14 02:41 AM
gc_peshwa,
You like to make extraneous comparisons ? Comparing yourself to Nazi treatment of jews in the 1930's and 40's. :confused: Had a bad day or lost your mental balance like Raghunathrao peshwa ?? :rolleyes:
I dont know about you but I certainly don't enjoy the daily grind of "When will I get GC?", BTW Raghunathrao was one of the bravest Maratha warriors of his time, albeit misguided :(
I dont mind your comments shreekhand...I just pray your thoughts turn as sweet as your handle:D
Amen.
You like to make extraneous comparisons ? Comparing yourself to Nazi treatment of jews in the 1930's and 40's. :confused: Had a bad day or lost your mental balance like Raghunathrao peshwa ?? :rolleyes:
I dont know about you but I certainly don't enjoy the daily grind of "When will I get GC?", BTW Raghunathrao was one of the bravest Maratha warriors of his time, albeit misguided :(
I dont mind your comments shreekhand...I just pray your thoughts turn as sweet as your handle:D
Amen.
more...
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shyamiv
09-20 03:23 PM
Guys..i have noticed that so many other members has already been complained about the getting Red dots for no reason...i got the red for this post for just a spell mistake. This is too much and IV has to do some thing about this. Otherwise people will afraid or not be willing to post their opinions here...
That should not stop you from expressing your opinions and thoughts here in this forum !
That should not stop you from expressing your opinions and thoughts here in this forum !
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gc_chahiye
07-17 01:42 AM
I-140 onwards. If you are filling in a form for visa stamping or are in the US on TN-1 visa or F-1 visa you are ok with filing an LC. Its the I-140 that determines immigration intent and can potentially interfere with your other status (or will require you to disclose your immigration intent on visa applications questions like "has someone ever filed an immigraiton petition on your behalf")
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ursosweet
02-06 09:35 AM
I have been following this ongoing decision closely. I feel that going on EAD offers no disadvantage when compared with h1b extension (once 140 is approved and 6 months have passed).
just like h1b you can stay on top to get it renewed every year. Unless one is a bachelor and plans to get the spouse on h4, chamging to EAD doesn't cause any harm. I know a lot of friends who have been on EAD for several years now and have not had a single problem. Th only risk is that if the 485 is rejected, then you have no shelter. But that chance is soooooooo little and i think the 485 rejection only occurs if one is considered to have broken a law, commited a felony or has been in any legal problems.
I am on h1 andhave 2 years and am planning to go on EAD- atleast i can save those 2 years and if some thing happens with my 485, i think i can get h1 sponsored. I don't think so its a one way street (h1 to EAD).
good luck.
just like h1b you can stay on top to get it renewed every year. Unless one is a bachelor and plans to get the spouse on h4, chamging to EAD doesn't cause any harm. I know a lot of friends who have been on EAD for several years now and have not had a single problem. Th only risk is that if the 485 is rejected, then you have no shelter. But that chance is soooooooo little and i think the 485 rejection only occurs if one is considered to have broken a law, commited a felony or has been in any legal problems.
I am on h1 andhave 2 years and am planning to go on EAD- atleast i can save those 2 years and if some thing happens with my 485, i think i can get h1 sponsored. I don't think so its a one way street (h1 to EAD).
good luck.
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eagerr2i
07-16 11:40 PM
I have a friend holding a "Tourist Visa" and still back home. If an employer files I-140 for him, will that give him a risk of not allowed entry using Tourist Visa at the port of entry because he has an I-140 petition?
If he works for the same company abroad that filed for his i140, it should not be a problem. If he does not work and instead wants to come on a tourist visa, he might have problems.
If he works for the same company abroad that filed for his i140, it should not be a problem. If he does not work and instead wants to come on a tourist visa, he might have problems.
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srikondoji
08-10 11:43 AM
>>This is true. That said, if you transfer from one office/department to >>another office/department within the same employer, you can count the 5 >>years experience as long as these two offices/departments are using two >>different Tax Id for your W-2. This is what our lawyers told us.
Wow. This is news to me?
How can an employee get two different tax-ids if he is shifting departments and still is in same country?
Thanks for the info. This piece of info few months ago would have made my life.
Wow. This is news to me?
How can an employee get two different tax-ids if he is shifting departments and still is in same country?
Thanks for the info. This piece of info few months ago would have made my life.
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clockwork
08-26 12:03 AM
Guys,
I have received receipt notice for my I-485. My AOS petition was received by J.Barrret at 10:25AM Nebraska Service Center. Later it got forwarded to TSC where my I-140 got approved few months before. Let me know if you have more questions...
I have received receipt notice for my I-485. My AOS petition was received by J.Barrret at 10:25AM Nebraska Service Center. Later it got forwarded to TSC where my I-140 got approved few months before. Let me know if you have more questions...
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jthomas
04-07 03:46 PM
Hi,
My client is a TARP fund received bank.I am planning to go India for 3 weeks in may.My visa expires in Aug09.
I have new H1 extension for 3 years.
--If I go for visa stamping will it be a problem as I am workig for TARP received bank.
--If I don't go for visa stamping and planning to comeback with old visa, will it be a problem at Port Of Entry as my client is TARP received bank and I am on H1B.
you don't have to go to india to restamp your H1B. you can rather stay here and whenever you are going out of the country you need to get h1B stamped.
Regarding TARP received bank, the rules may even change when you had gone for a vacation. Its better not to go back during recession and most important keep your eye open for another job position.
I agree TARP revceived firms cannot renew H1B after 6 years or apply for GC. Those rules may change as per time. Most of the firms who like to hire H1B. So don't know whether it will get better or worst for your situation.
My client is a TARP fund received bank.I am planning to go India for 3 weeks in may.My visa expires in Aug09.
I have new H1 extension for 3 years.
--If I go for visa stamping will it be a problem as I am workig for TARP received bank.
--If I don't go for visa stamping and planning to comeback with old visa, will it be a problem at Port Of Entry as my client is TARP received bank and I am on H1B.
you don't have to go to india to restamp your H1B. you can rather stay here and whenever you are going out of the country you need to get h1B stamped.
Regarding TARP received bank, the rules may even change when you had gone for a vacation. Its better not to go back during recession and most important keep your eye open for another job position.
I agree TARP revceived firms cannot renew H1B after 6 years or apply for GC. Those rules may change as per time. Most of the firms who like to hire H1B. So don't know whether it will get better or worst for your situation.
srinivasj
05-18 02:13 PM
Wow, I just tried the "yanks are coming" one. What the heck is that? Did you actually read all of that? I feel ashamed of myself when you say that. Maybe I am too busy or have very little patience. Probably useful articles, however, due to my inability to concentrate for long (I asume) I could not actually make out what that was all about :confused::confused::confused::D:D
I am not saying everything is great or I read every line of what he post....but there are at some articles from "Yanks are Coming" related to health care passage, wall street..you get some useful info in them..i am not here to argue with anyone..i just posted my thought...
I am not saying everything is great or I read every line of what he post....but there are at some articles from "Yanks are Coming" related to health care passage, wall street..you get some useful info in them..i am not here to argue with anyone..i just posted my thought...
makemygc
06-14 11:42 AM
I thought once your EAD gets approved then you H1 Visa is not longer valid.
You could keep EAD and H1 together active?? Any experts, could you please throw some light?
/\/\/\/\
You could keep EAD and H1 together active?? Any experts, could you please throw some light?
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