watzgc
09-18 05:41 PM
That is not true. Once you have EAD on hand, you can chose to work using your EAD. I-140 pending or approval has nothing to do with working on EAD. The risk is, if his I-140 is not approved, then it would automatically trigger a NOID for I-485 and his EAD becomes invalid....thats the risk factor. But one can work if one has EAD.
yes, thats what i heard from attorney this afternoon. thanks LostinGCprocess.
yes, thats what i heard from attorney this afternoon. thanks LostinGCprocess.
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pmpforgc
02-26 12:05 PM
hi
Just wanted to know if some one like me who have masters or more (phD) in Engineering and have backgorund in bioprocessing or food processing as well as research and academics . What may be the best IT options.
Reason I am asking is with current PhD and Academic jobs it is lot less pay (say in around 50 K). So wanted to explore other option if some how get laid off or fired one day which may be comming soon in a year or so.
though I had not done any programmming any day, I did little bit in my bachelors and at that time I thought I can do it well. But than really never had chance to work on programming stuff, as worked more with applied engineering in bio and food area.
thanks for input.
Just wanted to know if some one like me who have masters or more (phD) in Engineering and have backgorund in bioprocessing or food processing as well as research and academics . What may be the best IT options.
Reason I am asking is with current PhD and Academic jobs it is lot less pay (say in around 50 K). So wanted to explore other option if some how get laid off or fired one day which may be comming soon in a year or so.
though I had not done any programmming any day, I did little bit in my bachelors and at that time I thought I can do it well. But than really never had chance to work on programming stuff, as worked more with applied engineering in bio and food area.
thanks for input.
pointlesswait
05-05 10:08 AM
absurd..!!
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sriramkalyan
05-18 11:28 AM
I am scared to death .. I have EAD ...hELP .. cAN I WORK FOR 2 COMPANIES.
Can i move around the jobs ..Please i can't sleep ... all night i am just peeeeing.
Looosers
Can i move around the jobs ..Please i can't sleep ... all night i am just peeeeing.
Looosers
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gova123
08-27 02:08 PM
When did this change? I got it renewed from Washington DC a year back
I think it is stated in their website and also someone in the forum was saying this. Did you happen to be in Florida when you renewed the passport last year from DC. if yes, then I can send it to DC as they seem to renew in 10 business days. Am i right...............
I think it is stated in their website and also someone in the forum was saying this. Did you happen to be in Florida when you renewed the passport last year from DC. if yes, then I can send it to DC as they seem to renew in 10 business days. Am i right...............
arbhaat
10-08 08:06 PM
I think this was my lawyer's contention too when she described to me about being in EAD as well as H-4. As long as my husband is in H-1, I would be in H-4 contrary to most discussions that take place here. I think USCIS, has no clear explanation for this situation!!
Advance parole is similar to this, you have H1 but you become parolee. I don't understand. Any other comments from other applicants?
i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
Advance parole is similar to this, you have H1 but you become parolee. I don't understand. Any other comments from other applicants?
i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
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prem_goel
01-29 11:02 AM
My sister got her H-1B in 2008 but didn't work for her employer due to health problems. After about 3 to 4 months she left for India and recovered. Over there she joined a multi-national who sent her on B1 this year. (She already had traveled on B1 from a very old employer and used that).
Now after coming here on B1, she has a job offer from an Indian MNC. My understanding is that the MNC will have to file two petitions:
1. A Change of Status from B1 to H1B
2. A I-129 requesting H-1B (or H-1B transfer)
Question -
a) Can she start working for the Indian MNC after filing both of these two, or will we have to wait for both approvals?
b) Do we require paystubs from the original H-1B employer from 2008 for H-1B transfer? My understanding is that paystubs are usually required to establish one is currently in status, but she is on B1 right now and not H1B.
Attorneys, please advise.
Much thanks in advance,
P
Now after coming here on B1, she has a job offer from an Indian MNC. My understanding is that the MNC will have to file two petitions:
1. A Change of Status from B1 to H1B
2. A I-129 requesting H-1B (or H-1B transfer)
Question -
a) Can she start working for the Indian MNC after filing both of these two, or will we have to wait for both approvals?
b) Do we require paystubs from the original H-1B employer from 2008 for H-1B transfer? My understanding is that paystubs are usually required to establish one is currently in status, but she is on B1 right now and not H1B.
Attorneys, please advise.
Much thanks in advance,
P
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nixstor
06-08 11:34 AM
Sounds ludacris to me. Here is what I would do if I were you
(1) Talk to your lawyer and see what he says. If your attorney wants to follow up with this officer and ask him why he needs everything from 1999, he might give a better answer.
(2) Get a letter from the IRS saying that they do not have copies of the old returns.
I myself don't have returns before 2003.
(1) Talk to your lawyer and see what he says. If your attorney wants to follow up with this officer and ask him why he needs everything from 1999, he might give a better answer.
(2) Get a letter from the IRS saying that they do not have copies of the old returns.
I myself don't have returns before 2003.
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sam2006
01-21 04:59 PM
I have contacted TAMU ( texas A M)
USC ( univ of south cali )
Penn State
through some of my friends
keep posted
USC ( univ of south cali )
Penn State
through some of my friends
keep posted
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ujjvalkoul
01-17 06:03 PM
this is all I found on the EAD Instructions...
Replacement EAD: If this is your replacement applicationand you are applying under one of the following categories, afiling fee is not required:
1. (c)(l), (c)(4), or (c)(7) Dependent of certain foreigngovernment, international organization, or NATOpersonnel.
Form I-765 Instructions (Rev. 07/30/07) Y Page 8
1. The check or money order must be drawn on a bank orother financial institution located in the United Statesand must be payable in U.S. currency; and
USCIS will use the Poverty Guidelines published annually bythe Department of Health and Human Services as the basiccriteria in determining the applicant's eligibility wheneconomic necessity is identified as a factor.
The Poverty Guidelines will be used as a guide, but not as aconclusive standard, in adjudicating fee waiver requests foremployment authorization applications requiring a fee.
You may be eligible for a fee waiver under 8 CFR 103.7(c).
Incorrect Card: No fee is required if you are filing onlybecause the card issued to you was incorrect due to a USCISadministrative error. However, if the error was not caused byUSCIS, both application and biometrics fees are required
Replacement EAD: If this is your replacement applicationand you are applying under one of the following categories, afiling fee is not required:
1. (c)(l), (c)(4), or (c)(7) Dependent of certain foreigngovernment, international organization, or NATOpersonnel.
Form I-765 Instructions (Rev. 07/30/07) Y Page 8
1. The check or money order must be drawn on a bank orother financial institution located in the United Statesand must be payable in U.S. currency; and
USCIS will use the Poverty Guidelines published annually bythe Department of Health and Human Services as the basiccriteria in determining the applicant's eligibility wheneconomic necessity is identified as a factor.
The Poverty Guidelines will be used as a guide, but not as aconclusive standard, in adjudicating fee waiver requests foremployment authorization applications requiring a fee.
You may be eligible for a fee waiver under 8 CFR 103.7(c).
Incorrect Card: No fee is required if you are filing onlybecause the card issued to you was incorrect due to a USCISadministrative error. However, if the error was not caused byUSCIS, both application and biometrics fees are required
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delax
07-16 08:20 PM
Check this post from logiclife
http://immigrationvoice.org/forum/showthread.php?p=117422#post117422
Originally Posted by logiclife
IV core stands by the information it provided this afternoon about a solution that will be announced soon. If not on Monday, it will be annouced on Tuesday or Wednesday (Latest). These things could take time to process because of numerous departments and agencies involved and various procedures involved.
AILA has reported that decision has not yet been reached and wont be reached without lawsuit.
That information is not true based on what we know and we stick to our assertion that a solution that gives us relief has been worked out and a lawsuit will not be needed.
AILA/AILF is free to file its lawsuit if it feels the need to do that, however we have been hearing about them filing the lawsuit since July 2nd. And if they are so sure that lawsuit is the only way that solution will come out, then why dont we see the lawsuit yet ? After all, private parties and smaller lawfirms have filed lawsuit so what's the hold-up at AILA/AILF if they are so sure that no solution is possible without lawsuits ?
Logiclife - I think it was a great idea to delete your post above - I truly think that the efforts of IV need to be commended but lets not forget that it was equally a combined effort of ALL stakeholders involved. Lets be humble during this hour of aniticipation.
http://immigrationvoice.org/forum/showthread.php?p=117422#post117422
Originally Posted by logiclife
IV core stands by the information it provided this afternoon about a solution that will be announced soon. If not on Monday, it will be annouced on Tuesday or Wednesday (Latest). These things could take time to process because of numerous departments and agencies involved and various procedures involved.
AILA has reported that decision has not yet been reached and wont be reached without lawsuit.
That information is not true based on what we know and we stick to our assertion that a solution that gives us relief has been worked out and a lawsuit will not be needed.
AILA/AILF is free to file its lawsuit if it feels the need to do that, however we have been hearing about them filing the lawsuit since July 2nd. And if they are so sure that lawsuit is the only way that solution will come out, then why dont we see the lawsuit yet ? After all, private parties and smaller lawfirms have filed lawsuit so what's the hold-up at AILA/AILF if they are so sure that no solution is possible without lawsuits ?
Logiclife - I think it was a great idea to delete your post above - I truly think that the efforts of IV need to be commended but lets not forget that it was equally a combined effort of ALL stakeholders involved. Lets be humble during this hour of aniticipation.
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inskrish
08-04 11:45 PM
I got the magic mail today ---Card production ordered!!! Just for me.
The status of my wife's I485 remains the same ---> Received and pending?
Any one in similar situation?
Good to see a 2003 case is getting approved. I believe you are a TSC filer. Hope your wife's case get approved soon.:)
The status of my wife's I485 remains the same ---> Received and pending?
Any one in similar situation?
Good to see a 2003 case is getting approved. I believe you are a TSC filer. Hope your wife's case get approved soon.:)
more...
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cool_guy_onnet1
06-01 01:45 PM
Are you sure of this? I, of course, hope you are right. It would be great!
Please post this where it's VISIBLE
Please post this where it's VISIBLE
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americandesi
04-13 02:58 PM
I was in this situation few years back. I was on bench for 8 months (not paid). I chose not to reply to the DOL letter. I feared that accepting that I was on bench for 8 months will make you out of status.
Every time you go for H1 revalidation, you will be asked were you out of status any time.
Later I have done 3 H1 revalidations (Canada), no problems. If sending reply is not mandatory then keep quiet. Six months later my employer filed for bankruptcy.
Not getting paid on bench for >180 days has serious consequences during the adjudication of I-485. Read the following thread
http://immigrationvoice.org/forum/showthread.php?t=6205
Every time you go for H1 revalidation, you will be asked were you out of status any time.
Later I have done 3 H1 revalidations (Canada), no problems. If sending reply is not mandatory then keep quiet. Six months later my employer filed for bankruptcy.
Not getting paid on bench for >180 days has serious consequences during the adjudication of I-485. Read the following thread
http://immigrationvoice.org/forum/showthread.php?t=6205
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mk58581
06-06 05:47 PM
Hi
Thank u for the response
client is a finacial firm UBS.
Consulting firm is a direct vendor to the client and they transferred my H1 offerrin' me FT
This was the offer they pay $x on a daily basis -- W2
$65k -- they will mention in H1 and the remaining amount as per the W2 they will pay as bonus once every 3 months, tht's wht the agreetment is.
In the contract i was mentioning it says in case i fail to provide services to the vendor i am suposed to pay all the expenses they spent on me but the thing is client rejected the offer and there was no job @ all and they stopped floating my resume, askin' me to find a job myself.
This is the email i received.... but the thing is i never started at all bcoz of clients rejection based on credit report.
You and vendor entered into an agreement on or about March 8th 2010. According to the agreement you were to provide your services to Vendor by working on a project for our client UBS. Your services were to commence on March 22, 2010
To date, you have not fulfilled your obligations nder the agreement and thus youare required to pay Vendor the total sum of amounts for obtaining your work authorisation along with the cost of obtainig your background check.
If i am still not clear please let me knw
Thanks Again
Rgds
Kumar
Thank u for the response
client is a finacial firm UBS.
Consulting firm is a direct vendor to the client and they transferred my H1 offerrin' me FT
This was the offer they pay $x on a daily basis -- W2
$65k -- they will mention in H1 and the remaining amount as per the W2 they will pay as bonus once every 3 months, tht's wht the agreetment is.
In the contract i was mentioning it says in case i fail to provide services to the vendor i am suposed to pay all the expenses they spent on me but the thing is client rejected the offer and there was no job @ all and they stopped floating my resume, askin' me to find a job myself.
This is the email i received.... but the thing is i never started at all bcoz of clients rejection based on credit report.
You and vendor entered into an agreement on or about March 8th 2010. According to the agreement you were to provide your services to Vendor by working on a project for our client UBS. Your services were to commence on March 22, 2010
To date, you have not fulfilled your obligations nder the agreement and thus youare required to pay Vendor the total sum of amounts for obtaining your work authorisation along with the cost of obtainig your background check.
If i am still not clear please let me knw
Thanks Again
Rgds
Kumar
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pasupuleti
01-31 12:21 PM
I work for a good consulting company, completed 3 years in that company.
Since it is a consulting company my pay is less unless i go full-time.
I started thinking about going full-time with other companies and got offers from two companies.
Now my dilemma is that if i switch companies, my current employer(consulting) might revoke my I140 and use it for labor substitution. I talked to different lawyers about validity of the H1B extension based on I140 approval. All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.
I decided to take my chances and take one of the new offers. Worse case, i will go back to india. Wait may be that be the BEST case, i could work for a startup:)
Since it is a consulting company my pay is less unless i go full-time.
I started thinking about going full-time with other companies and got offers from two companies.
Now my dilemma is that if i switch companies, my current employer(consulting) might revoke my I140 and use it for labor substitution. I talked to different lawyers about validity of the H1B extension based on I140 approval. All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.
I decided to take my chances and take one of the new offers. Worse case, i will go back to india. Wait may be that be the BEST case, i could work for a startup:)
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immique
04-13 01:38 AM
it is very risky. you cannot use AC 21 when you move from a full time practising physician to fellowship. how can you justify being paid about 1/3rd of the salary mentioned in your Labor application. the job has to be similar in description and pay. earning extra by moonlighting will not be sufficient to satisfy the criteria. personally I have known Physicians who did not even move from a University hospital to a community hospital as the job description will be different from a University hospital to a community hospital. if you have green card processing through your wife then you can file as her dependent and go for the fellowship. if you don't have that option, then I would suggest that you not go for the fellowship and stick with your current job.
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sprash
10-15 04:00 PM
I saw the suggestion of asking lawyer to send AP while you travel to India without it. Although it sounds like a good idea but could be dangerous. I had a situation last year when I travelled to India with AP applied for but not approved. Unfortunately i had my old passport and visa damaged in India. When my lawyer wanted to expedite AP so that i can travel back as my old Visa was damaged and the only way to travel back was to use AP, they found out USCIS has issued an RFE on AP. Though RFP was trivial and they only wanted a clear copy of first page of passport and AP was approved immediately when it was submitted.
I agree. This is very risky. I had applied for AP way back in June '08 and while my wife got her AP in AUG, mine was happily ignored till used DHS 7001 to escalate my case. I ultimately received an RFE saying that I did not include photos (which I know 100% sure I did ... they probably lost them). 3 Soft LUDs since they've received my photos, but no approval yet. I might be canceling my trip to India that commences on thanksgiving weekend if it does not come in time.
I agree. This is very risky. I had applied for AP way back in June '08 and while my wife got her AP in AUG, mine was happily ignored till used DHS 7001 to escalate my case. I ultimately received an RFE saying that I did not include photos (which I know 100% sure I did ... they probably lost them). 3 Soft LUDs since they've received my photos, but no approval yet. I might be canceling my trip to India that commences on thanksgiving weekend if it does not come in time.
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sabr
09-19 05:05 PM
as I was not getting a corp to corp job for more than a year.I desperately need to work.now I am on a project for 3 months and it will end soon also.but this company wants to hire me full time. thats why I want to join them with EAD and when my h1b approves I will get it stamped and reenter..
wandmaker
08-11 06:45 PM
For example, for my I-140 under EB2-NIW, NSC processing date shows February 27, 2007; and I filed in April 2007. But, I got approved. (no complaints). Technically, they shouldn't have picked up mine.
You are lucky to have your 140 approved :) There are many people that I know, whos files are still waiting to be dusted.
See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.
Focus your energy on IV activites (state chapter, campaign and etc), spend time with the family, and live your day to day life. We will get there soon enough with everyones' support ($$$$)
You are lucky to have your 140 approved :) There are many people that I know, whos files are still waiting to be dusted.
See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.
Focus your energy on IV activites (state chapter, campaign and etc), spend time with the family, and live your day to day life. We will get there soon enough with everyones' support ($$$$)
go_guy123
01-20 12:24 PM
Short pass plays
WEST COAST OFFENSE OVERVIEW (http://www.westcoastoffense.com/overview.htm)
Obama needs to stop Congress from doing the big comprehensive things and focus them on smaller and faster laws that help americans.
The current healthcare, climate change, immigration reform should be broken up in dozens of smaller bills. They will either pass or he can paint the republicans as siding with the Insurance companies to block access to healthcare for people with pre-existing conditions for example.
There are lots of parts in Healthcare, Energy, CIS, etc, that can pass right now and he should take a lead on that. Otherwise the base that voted for him in 2008 is not going to turn up in 2010.
- JZ
Rightly said all "Comprehensive" are a recipe for failures.
WEST COAST OFFENSE OVERVIEW (http://www.westcoastoffense.com/overview.htm)
Obama needs to stop Congress from doing the big comprehensive things and focus them on smaller and faster laws that help americans.
The current healthcare, climate change, immigration reform should be broken up in dozens of smaller bills. They will either pass or he can paint the republicans as siding with the Insurance companies to block access to healthcare for people with pre-existing conditions for example.
There are lots of parts in Healthcare, Energy, CIS, etc, that can pass right now and he should take a lead on that. Otherwise the base that voted for him in 2008 is not going to turn up in 2010.
- JZ
Rightly said all "Comprehensive" are a recipe for failures.
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