gotgc?
11-19 12:41 PM
Hi All,
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
Same situation for us in May 2008 when we travelled to Canada...my wife was on H4; then started working on EAD. We had APs as well. But, we also had a valid visa stamping in our passport until May 2009. My lawyer told us that either is ok. But, asked us to use H1B/H4 and we did that. Use of EAD does not mandate H4 person to give up that status. But use of EAD mandates H1 person to give up that status. Since I am still on H1, we used H-1B/H-4. Even, when we applied for our AP/EAD renewals we mentioned that last manner of entry as H1/H4. If you are on EAD, then you have to use AP.
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
Same situation for us in May 2008 when we travelled to Canada...my wife was on H4; then started working on EAD. We had APs as well. But, we also had a valid visa stamping in our passport until May 2009. My lawyer told us that either is ok. But, asked us to use H1B/H4 and we did that. Use of EAD does not mandate H4 person to give up that status. But use of EAD mandates H1 person to give up that status. Since I am still on H1, we used H-1B/H-4. Even, when we applied for our AP/EAD renewals we mentioned that last manner of entry as H1/H4. If you are on EAD, then you have to use AP.
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getgc2008
03-05 10:50 PM
Thanks folks. So my present employer will never know when I change lawyers. If I get any RFE's also within the next 3 to 4 months , it will go to the new lawyer.
lecter
February 27th, 2004, 07:39 AM
Count me in............10 a week! We are all here to share and offer opinions, praises and learn from the good and the bad in all of us.....(talking about photography here...........Lecter)
I cannot possibly comment bob...
but I do get noticed in this country...
hehe
http://www.dphoto.us/forumphotos/data/500/15128T3300-med.jpg
I cannot possibly comment bob...
but I do get noticed in this country...
hehe
http://www.dphoto.us/forumphotos/data/500/15128T3300-med.jpg
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girishvar
08-21 11:50 AM
I have changed the job on EAD and used AP for returning back. To be on the safeside I have notified USCIS service center about my AC21 change and kept the copy of the package sent to USCIS.
On our return in EWR, we have been sent to secondary inspection. IO asked whom I am working? I said my new employer's name? He took our copies of AP and stamped I-94 as parolled.
On our return in two days our greencard was also approved without any RFEs.
Again it depends on I/O in the port of entry I guess.
On our return in EWR, we have been sent to secondary inspection. IO asked whom I am working? I said my new employer's name? He took our copies of AP and stamped I-94 as parolled.
On our return in two days our greencard was also approved without any RFEs.
Again it depends on I/O in the port of entry I guess.
more...
pointlesswait
07-17 07:14 PM
almost 120 days...
All PERMS are being processed at Atlanta! hence the pile up!
My friend applied for PERM on April 1st and got approved yesterday.
Just wanted to let the people know who have their perm pending, so they can calculate processing dates.
thank you
All PERMS are being processed at Atlanta! hence the pile up!
My friend applied for PERM on April 1st and got approved yesterday.
Just wanted to let the people know who have their perm pending, so they can calculate processing dates.
thank you
sertasheep
04-03 05:51 PM
Jinger,
You will be able to plead hardship based on humanitarian grounds and family unity to get your spouse into the US, if you already have a GC provided the GC holder is doing work in the national interest of the US (physician, scientist, et al) .At least, there is a solution to this particular problem.
There is no solution, other than legislative change to the objectives listed by the IV team.
you should visit kamya.com for spouse related issues.
You will be able to plead hardship based on humanitarian grounds and family unity to get your spouse into the US, if you already have a GC provided the GC holder is doing work in the national interest of the US (physician, scientist, et al) .At least, there is a solution to this particular problem.
There is no solution, other than legislative change to the objectives listed by the IV team.
you should visit kamya.com for spouse related issues.
more...
abhay
05-04 01:01 PM
Yes it is possible to apply for H1b, it will be a new H1B. You will have to go outof the country and enter using H1 to readjust your VISA status
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tonyHK12
12-09 11:32 AM
The breaking news is the House Democrats have decided not to undertake Tax cut bill in the House, meaning the new tax cut deal announced by the President will not hold good anymore.
Tax cuts will expire automatically end of 2010, meaning everyones bi-weekly paycheck would get cut 50-100 bucks if nothing happens
Tax cuts will expire automatically end of 2010, meaning everyones bi-weekly paycheck would get cut 50-100 bucks if nothing happens
more...
quizzer
11-09 02:37 PM
Recently I have got Denial notice from INS on my I-140 application. All the documents are fine. Just They have mentioned as My Education Qualification is not equivalent to US Education. My Education is B.Sc. Physics and MBA.
Is anybody has got same problem, and if yes Please let me know what to do in this situation.
I am thinking of getting good Education Evaluation from Somebody. But I don't know it�s just happened because of Lawyer. Do I need to go to smart , strong Attorney to do this. OR Apply for new labor again and start the process.
Please suggest me on this.
Thanks
Yogs.
Can you tell me ur dates:
I140 RD
RFE received date?
EB2 or EB3?
Service center?
Thanks
Is anybody has got same problem, and if yes Please let me know what to do in this situation.
I am thinking of getting good Education Evaluation from Somebody. But I don't know it�s just happened because of Lawyer. Do I need to go to smart , strong Attorney to do this. OR Apply for new labor again and start the process.
Please suggest me on this.
Thanks
Yogs.
Can you tell me ur dates:
I140 RD
RFE received date?
EB2 or EB3?
Service center?
Thanks
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snathan
02-12 12:53 AM
How about sending 100 thousand roses to WHITE HOUSE on the same day?
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kishdam
03-09 08:25 PM
G-28 is for attorney representation - if a registered attorney is representing an applicant we give the authoraization so that USCIS deal directly with attorney. I am not sure if there is anything like "G-28 Self". In case where we already filed G-28 and gave authorization to one attorney - changing it to another attorney seems a bit straight forward - send a new G-28 and request to supersede it with earlier one. But just cancelling the earlier one so we represent ourselve seems a bit grey. But its just my understanding if anyone has done self representation and successfull changed G-28 - please let all of us know.
(Note: I am thinking of going with lawyer just for this G-28; my old employer may not revoke approved I140 so I was thinking of not sending AC21 letter; but want to change the lawyer representation so that any communication will get to me; no lawyer is offering just this everyone I talked to are clubbing G-28 with AC21 and charging accordingly)
(Note: I am thinking of going with lawyer just for this G-28; my old employer may not revoke approved I140 so I was thinking of not sending AC21 letter; but want to change the lawyer representation so that any communication will get to me; no lawyer is offering just this everyone I talked to are clubbing G-28 with AC21 and charging accordingly)
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boston_gc
06-05 08:33 PM
I am in the similar situation. I think we should be fine not renewing it as long as we don't use it.
Does anyone else has comments on this?
Does anyone else has comments on this?
more...
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at0474
12-17 12:57 PM
"1) if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2) I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
"
--Questions are not clear or I failed to understand them. IMO, when I-140 is denied, 485 goes down the drain. While your I-140 is in MTR process, you can switch to another job on h1b and start PERM process and then I-140 immediately. Since your 6 years on h1b are up, make sure the new process qualifies you for further h1b extensions(beyond 6 years) based on 365 day rule.
My guess is, if your I-140 gets denied, your h1b with 3 years of validity is not going to be valid any longer. Because you got that extension based on your previous labor and I-140. You have to jump to new GC process as soon as possible.
Also, talk to your lawyer. Hold my opinion as mere opinion.
2) I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
"
--Questions are not clear or I failed to understand them. IMO, when I-140 is denied, 485 goes down the drain. While your I-140 is in MTR process, you can switch to another job on h1b and start PERM process and then I-140 immediately. Since your 6 years on h1b are up, make sure the new process qualifies you for further h1b extensions(beyond 6 years) based on 365 day rule.
My guess is, if your I-140 gets denied, your h1b with 3 years of validity is not going to be valid any longer. Because you got that extension based on your previous labor and I-140. You have to jump to new GC process as soon as possible.
Also, talk to your lawyer. Hold my opinion as mere opinion.
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gc28262
12-17 08:22 AM
Even in today's condition, you are legally clear. Why didn't company cancel the H1 ? That is company's problem. You don't have to worry about it.
IMO most likely you can get in to the country without an issue. It is worth giving a try.
Also see this uscis link
Q : Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
IMO most likely you can get in to the country without an issue. It is worth giving a try.
Also see this uscis link
Q : Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
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dvb123
03-01 10:40 AM
Response to this per country limit query by lawyers
RG: He mentioned that Hong Kong is treated as a separate country by statute. Other than that he says that there is no clear explanation why some dependencies are listed while others are not. He mentioned that political reasons may also be involved.
RK: Acknowledges that he has not dealt with this issue before but suggested that only a lawsuit may help.
Can IV core do something? It will provide a relief to some people atleast.
RG: He mentioned that Hong Kong is treated as a separate country by statute. Other than that he says that there is no clear explanation why some dependencies are listed while others are not. He mentioned that political reasons may also be involved.
RK: Acknowledges that he has not dealt with this issue before but suggested that only a lawsuit may help.
Can IV core do something? It will provide a relief to some people atleast.
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pwright
09-20 12:51 PM
Hi all,
I have been stuck in the name-check nightmare for almost 2 years now and looking to join a class-action with other people. Can anybody direct me??
Thanks
I have been stuck in the name-check nightmare for almost 2 years now and looking to join a class-action with other people. Can anybody direct me??
Thanks
more...
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prp925
02-10 08:21 PM
Congrats for getting a green card. Lucky you!
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getta05
03-27 10:09 AM
Hi,
I have an EAD and am in the process of buying a business.
How long do I have to wait in order to apply for GC?
Tnx
Geeta05
I have an EAD and am in the process of buying a business.
How long do I have to wait in order to apply for GC?
Tnx
Geeta05
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sreedhar23
07-05 11:33 AM
Not a word said about this I485 fiasco on the two mostly watched networks (CNN, ABC). Why can't we try to get their attention in this matter. Please suggest ways of getting this published in the above networks.
deardar
07-06 10:55 AM
Brother why ?
unseenguy
11-30 08:48 PM
He is an Anti