sreenivas11
07-15 11:14 AM
I am in
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eilsoe
10-20 02:33 PM
YipYip! :P
hpandey
11-26 01:57 PM
Just wondering if anybody is giving up hopes of GC and switching from H1B to E3D (Dependent of Australian spouse) to take advantage of 2-yr renewable EADs...? How long does it take to get the initial EAD...Continue working without pay (or is there a workaround) while waiting for EAD?....any problems getting visa stamped with a 'yes' for past immigrant petition filed...
7yrs in this country...EB2 PD of 10/07 due to job changes..no 140 yet, no 485...6yrs in same job? no promotions? with 3yr extensions...frustration beyond words...E3D seems to a ray of hope but no idea of complications involved.
Yeah its frustrating everyone waiting for a GC .. I think doing something is better than nothing. Go with your spouse. Who knows things might take a turn for the better.
7yrs in this country...EB2 PD of 10/07 due to job changes..no 140 yet, no 485...6yrs in same job? no promotions? with 3yr extensions...frustration beyond words...E3D seems to a ray of hope but no idea of complications involved.
Yeah its frustrating everyone waiting for a GC .. I think doing something is better than nothing. Go with your spouse. Who knows things might take a turn for the better.
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ajju
09-03 05:37 PM
Is there premium processing for I-765 which is t get EAD through marriage.
Of course all the papers are being filed together. But I wanted to know specifically about this one.
I thought I saw it somewhere.
Thanks.
You may expedite the EAD processing if you've a valid reason like financial loss or others.. Check with your lawyer for your specific case...
Of course all the papers are being filed together. But I wanted to know specifically about this one.
I thought I saw it somewhere.
Thanks.
You may expedite the EAD processing if you've a valid reason like financial loss or others.. Check with your lawyer for your specific case...
more...
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sandeep219
03-29 09:52 PM
Thanks for your replies guys!!
sathish_gopalan
10-18 12:47 PM
Can anyone please share info on conversion of EB3 to EB2 after applying for 485 ?. Our lawyer now suggests that they cant apply for EB2 and they have to revoke EB3 application.. Is this applicable to even apply for EB2 labor and subsequent I140. I thought we need to revoke 485 only when we are about to apply for new 485. Also, please let me know if we can apply for EB2 when you are in EAD status and has not invoked AC21. Sorry, if this question was already answered in the forum.
more...
waitnwatch
08-27 06:03 PM
It is called interfiling. You can use a new 140 (approved or pending) to replace the existing 140 (approved or pending) for an I-485. Even though the common perception is that the PD must be current, it is not true (per Murthy).
I'm not a legal person, please verify from an attorney
Where did you find this on Murthy. I ask this because I have a similar but slightly different situation where I have an EB-1 140 pending and I concurrently filed an EB-2 NIW. If the EB-1 140 comes through by chance I would like the already filed I-485 to be attached to the EB-1 at that point.
I have been looking for an answer to this question but haven't found a satisfactory answer anywhere.
I'm not a legal person, please verify from an attorney
Where did you find this on Murthy. I ask this because I have a similar but slightly different situation where I have an EB-1 140 pending and I concurrently filed an EB-2 NIW. If the EB-1 140 comes through by chance I would like the already filed I-485 to be attached to the EB-1 at that point.
I have been looking for an answer to this question but haven't found a satisfactory answer anywhere.
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edaltsis
05-23 09:37 PM
She will definitely need to have an SSN to work in the US. Without which no employer will be able to pay or is even authorized to employ someone.
You can apply for SSN with the EAD.
You can apply for SSN with the EAD.
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sandeep219
03-29 09:52 PM
Thanks for your replies guys!!
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gccovet
11-20 01:00 PM
But I work in the same company and same dept..isn't AC21 only used if you quit GC sponsoring company
Beautifulmind,
I was not sure, hence I asked you to check with a good attorney. Will your work be different then described in your LC?
Did not mean to create confusion for you.
Good luck.
GCCovet
Beautifulmind,
I was not sure, hence I asked you to check with a good attorney. Will your work be different then described in your LC?
Did not mean to create confusion for you.
Good luck.
GCCovet
more...
seaken75
10-04 03:40 PM
I forgot to add another question:
Any July fliers with EAD approved with NSC?
Any July fliers with EAD approved with NSC?
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satishku_2000
08-17 03:57 PM
Don't tell me you got one for this!
http://immigrationvoice.org/forum/showthread.php?t=4478&page=19
There is a possibility in cases of where job requires minimum GPA . 140 adjudicator can always ask petitioner that the benificiary meets all the requirements for the position offered. In substitution cases there is always a possibility of things getting verified in a microscope.
http://immigrationvoice.org/forum/showthread.php?t=4478&page=19
There is a possibility in cases of where job requires minimum GPA . 140 adjudicator can always ask petitioner that the benificiary meets all the requirements for the position offered. In substitution cases there is always a possibility of things getting verified in a microscope.
more...
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Hibernate
07-27 08:46 PM
Hi. I realized that I made a mistake when filling out the I 485 Part Three:
Processing Information. Specifically, I filled in the I-94 number issued for my H1B as the "Nonimmigration Visa Number", instead of the visa number I got when I was still in F1 Student status.
I called USCIS twice and they informed me that I can make corrections after I get the receipt--I can send in a corrected form, along with a letter explaining the correction, and also a copy of the receipt.
I was wondering whether anyone here had done that before.
I am kicking myself for misunderstanding the form! Please help!
Wonderlust
I am in same boat - do you mean we can do ourselves or lawyer has to do it?
Processing Information. Specifically, I filled in the I-94 number issued for my H1B as the "Nonimmigration Visa Number", instead of the visa number I got when I was still in F1 Student status.
I called USCIS twice and they informed me that I can make corrections after I get the receipt--I can send in a corrected form, along with a letter explaining the correction, and also a copy of the receipt.
I was wondering whether anyone here had done that before.
I am kicking myself for misunderstanding the form! Please help!
Wonderlust
I am in same boat - do you mean we can do ourselves or lawyer has to do it?
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tsiger
04-18 07:07 AM
coool!
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hkancharla
11-06 09:37 AM
Even i had two LUD on my 485. One on my fingerprints day other after two days of my fingerprints. Do some one know what that two LUD's?
I know one is for Fingerprints recived and what about other?
My PD is May 2002, Recived EAD, FP but no AP
I know one is for Fingerprints recived and what about other?
My PD is May 2002, Recived EAD, FP but no AP
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perm2gc
04-20 10:15 AM
Is it possible to extend H4 status after using EAD for a person whose I-485 pending in derivative status.
I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
It seems to discuss reg. using AP to enter the country and maintaining H status.
Not sure if anyone here has done the extension of H4 after using EAD.
Cronin memo:
Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)
Appreciate any comments reg. this,
There's no 100% clear law/rule on that situation and it's somewhat up to the consulate to decide. In theory, she should have no problem getting an H-4 visa at all. However, that's based on a USCIS position saying that your underlying H-1B work authorization remains valid, even after you travel using a Parole. You're correct, though, that there's always been a logical problem with that CIS position, since your status is technically Parolee. Since the consulates are run by the USDOS, they are allowed to take their own position on that problem, so there's always at least some risk of them causing problems with an H-4 visa application. so it is better to file an H1B amendment and go for H4 stamping.
I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
It seems to discuss reg. using AP to enter the country and maintaining H status.
Not sure if anyone here has done the extension of H4 after using EAD.
Cronin memo:
Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)
Appreciate any comments reg. this,
There's no 100% clear law/rule on that situation and it's somewhat up to the consulate to decide. In theory, she should have no problem getting an H-4 visa at all. However, that's based on a USCIS position saying that your underlying H-1B work authorization remains valid, even after you travel using a Parole. You're correct, though, that there's always been a logical problem with that CIS position, since your status is technically Parolee. Since the consulates are run by the USDOS, they are allowed to take their own position on that problem, so there's always at least some risk of them causing problems with an H-4 visa application. so it is better to file an H1B amendment and go for H4 stamping.
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[uber]
04-09 03:52 AM
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I don't care if it gets added or not... ya3... i give you the torch... yo make a better one to get put up... i'll go make a FF stamp... THAT i know how do do....
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visa_reval
03-14 02:31 PM
Guys I need your expertise and valuable answers on this:
I have an approved labor and approved I-140. Based on this I've got extension for 3 more years. I have a contract-hire opportunity which requires me to be a consultant for "X" months. I know I can transfer my H1 to another company. But my question is, can I transfer my h1 again to join the client after "X" months.
I have an approved labor and approved I-140. Based on this I've got extension for 3 more years. I have a contract-hire opportunity which requires me to be a consultant for "X" months. I know I can transfer my H1 to another company. But my question is, can I transfer my h1 again to join the client after "X" months.
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clif
03-17 04:47 PM
While on H1B with Employer A, can I use EAD for 2nd job with Employer B?
Also, can I work as independent consultant/contractor (get 1099 instead of W2) while working on H1B with Employer A?
Also, can I work as independent consultant/contractor (get 1099 instead of W2) while working on H1B with Employer A?
signin241
07-25 09:24 AM
Thanks for the responses. I have all the documents in place and also the recent paystubs of my present employer.
Blog Feeds
01-20 07:00 AM
H1B Visa Lawyer Blog Has Just Posted the Following:
Effective January 21, 2010, the Department of Labor's iCERT online system will be updated to allow the submission of electronic prevailing wage determination requests. This electronic process will allow Employers and/or their Designated Representatives to submit and obtain prevailing wage determinations (PWD) for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs through the iCERT portal.
Until January 21, 2010, all prevailing wage determination requests must continue to be submitted by U.S. Mail or comparable physical delivery service to the Washington, D.C. address listed below.
BACKGROUND - On December 19, 2008, the Department published a Final Rule addressing the Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes. The Final Rule implemented a federalized process for obtaining PWD requests for use in the H-2B temporary nonagricultural labor certification program directly from the Employment and Training Administration's (ETA) appropriate National Processing Center (NPC)--which was designated as the Chicago NPC.
Furthermore, effective as of January 1, 2010, the Final Rule also federalized PWD for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, E-3 (Australia), and the permanent labor certification programs.
Requestors must submit PWD requests using the Application for Prevailing Wage Determination, Form ETA-9141 (http://www.h1bvisalawyerblog.com/Prevailing%20wage%20Request%20FORM.pdf).
Requestors must submit PWD requests to the NPWHC by U.S. Mail or comparable physical delivery service at the following address until January 21, 2010 when electronic means are available:
U.S. Department of Labor-ETA, National Prevailing Wage and Helpdesk Center,
Attn: PWD Request:
1341 G Street, NW
Suite 201
Washington, DC 20005-3142
In summary, State Workforce Agencies (SWAs) and the Chicago NPC no longer accept and process PWD requests received on and after January 1, 2010. All PWD Requests submitted on and after 1/1/2010 must be centralized and processed at the DOL Washington, D.C. office until electronic means are available on January 21, 2010.
More... (http://www.h1bvisalawyerblog.com/2010/01/update_on_the_federalized_proc.html)
Effective January 21, 2010, the Department of Labor's iCERT online system will be updated to allow the submission of electronic prevailing wage determination requests. This electronic process will allow Employers and/or their Designated Representatives to submit and obtain prevailing wage determinations (PWD) for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs through the iCERT portal.
Until January 21, 2010, all prevailing wage determination requests must continue to be submitted by U.S. Mail or comparable physical delivery service to the Washington, D.C. address listed below.
BACKGROUND - On December 19, 2008, the Department published a Final Rule addressing the Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes. The Final Rule implemented a federalized process for obtaining PWD requests for use in the H-2B temporary nonagricultural labor certification program directly from the Employment and Training Administration's (ETA) appropriate National Processing Center (NPC)--which was designated as the Chicago NPC.
Furthermore, effective as of January 1, 2010, the Final Rule also federalized PWD for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, E-3 (Australia), and the permanent labor certification programs.
Requestors must submit PWD requests using the Application for Prevailing Wage Determination, Form ETA-9141 (http://www.h1bvisalawyerblog.com/Prevailing%20wage%20Request%20FORM.pdf).
Requestors must submit PWD requests to the NPWHC by U.S. Mail or comparable physical delivery service at the following address until January 21, 2010 when electronic means are available:
U.S. Department of Labor-ETA, National Prevailing Wage and Helpdesk Center,
Attn: PWD Request:
1341 G Street, NW
Suite 201
Washington, DC 20005-3142
In summary, State Workforce Agencies (SWAs) and the Chicago NPC no longer accept and process PWD requests received on and after January 1, 2010. All PWD Requests submitted on and after 1/1/2010 must be centralized and processed at the DOL Washington, D.C. office until electronic means are available on January 21, 2010.
More... (http://www.h1bvisalawyerblog.com/2010/01/update_on_the_federalized_proc.html)
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