vinzak
10-05 09:42 PM
So a question that's worth pondering. If I am on 485/EAD without H1b, does this mean I have the right to work but not the right to stay in the US?
The EAD card only gives us the right to work (as said on the card, cannot be used for entry), and my 485 has been pending for more that 240 days.
Is there any explicit stipulation for the 485 that allows me to be in the US as long as it is not denied?
The EAD card only gives us the right to work (as said on the card, cannot be used for entry), and my 485 has been pending for more that 240 days.
Is there any explicit stipulation for the 485 that allows me to be in the US as long as it is not denied?
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tempgc
10-17 02:25 PM
Thanks vaishu
martinvisalaw
08-07 12:16 PM
Hi,
Should I go to Canada or Mexico and re-enter US with EAD/AP before my AP expires to start working on EAD and avoid any "out of status" issues ?
Does Canada Mexico ask for valid VISA and I-94 to get a visitor visa?
Should I go to India(my home country) and re-enter US before my AP expires to keep my status ?
It doesn't seem to me that you need to leave the US at all. You are authorized to stay here because you have a 485 pending. You can work using your EAD. The company should have reverified your I-9 form when the H-1B expired, assuming that you showed the H-1B paperwork to complete the I-9. However, since you have an EAD, you were not working without authorization.
However, you have a lawyer who has reviewed all your paperwork and presumably s/he knows something that I don't.
Whatever you do, you should NOT try to enter the US as a visitor when you really want to work here and be a permanent resident. That would be fraud.
Should I go to Canada or Mexico and re-enter US with EAD/AP before my AP expires to start working on EAD and avoid any "out of status" issues ?
Does Canada Mexico ask for valid VISA and I-94 to get a visitor visa?
Should I go to India(my home country) and re-enter US before my AP expires to keep my status ?
It doesn't seem to me that you need to leave the US at all. You are authorized to stay here because you have a 485 pending. You can work using your EAD. The company should have reverified your I-9 form when the H-1B expired, assuming that you showed the H-1B paperwork to complete the I-9. However, since you have an EAD, you were not working without authorization.
However, you have a lawyer who has reviewed all your paperwork and presumably s/he knows something that I don't.
Whatever you do, you should NOT try to enter the US as a visitor when you really want to work here and be a permanent resident. That would be fraud.
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Blog Feeds
08-26 07:20 AM
Immigration Visa Attorney Blog Has Just Posted the Following:
Elin Nordegren broke her silence (http://sports.yahoo.com/golf/blog/devil_ball_golf/post/Elin-Nordegren-on-Tiger-Woods-I-ve-been-throug?urn=golf-265021)today and gave her side of the story today telling the world how shocked and embarrassed she was by Tiger's infidelity. She also defended the marriage, saying that the marriage was real, not orchestrated for the cameras and sponsors.
In our practice at Fong & Chun, LLP, we have seen many marriages, like Elin and Tiger's which were entered into for love, completely genuine marriages and yet within years (sometimes a lot sooner), the marriage goes awry. For those immigrants whose conditional greencards were based on marriages to US citizens, these men and women find themselves in a situation like Elin, telling their stories to the USCIS, actually defending themselves from deportation, that even though their marriage didn't survive the test of time, it was not a marriage of convenience for immigration purposes.
If a marriage fails anytime before someone naturalizes, a person who immigrated through marriage will later be summoned by the USCIS for an intense and very uncomfortable interview in order to maintain their permanent residency - even at the time of applying for citizenship. Such interviews can even occur years after the marriage and divorce, so recounting the facts of a relationship and providing the documentation to verify the facts of the courtship, the wedding or civil ceremony, then detailing the timeline of marriage, separation and divorce is more than just burdensome, it's sometimes impossible. Attorneys at Fong & Chun have defended clients in such interviews, which can take several hours! Not to mention the legal briefing and the administrative review that can take months to years in the most complicated cases.
We have counseled couples and immigrants who face this difficult situation, sometimes their marriages have ended because they had to escape physical or emotional abuse, other times, the marriage failed because of infidelity or even financial distress. If you need help telling your side of the story to USCIS, call the attorneys at Fong & Chun, LLP for a free consultation. Maybe we can help. --ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/08/elin-nordegren-her-side-of-the.html)
Elin Nordegren broke her silence (http://sports.yahoo.com/golf/blog/devil_ball_golf/post/Elin-Nordegren-on-Tiger-Woods-I-ve-been-throug?urn=golf-265021)today and gave her side of the story today telling the world how shocked and embarrassed she was by Tiger's infidelity. She also defended the marriage, saying that the marriage was real, not orchestrated for the cameras and sponsors.
In our practice at Fong & Chun, LLP, we have seen many marriages, like Elin and Tiger's which were entered into for love, completely genuine marriages and yet within years (sometimes a lot sooner), the marriage goes awry. For those immigrants whose conditional greencards were based on marriages to US citizens, these men and women find themselves in a situation like Elin, telling their stories to the USCIS, actually defending themselves from deportation, that even though their marriage didn't survive the test of time, it was not a marriage of convenience for immigration purposes.
If a marriage fails anytime before someone naturalizes, a person who immigrated through marriage will later be summoned by the USCIS for an intense and very uncomfortable interview in order to maintain their permanent residency - even at the time of applying for citizenship. Such interviews can even occur years after the marriage and divorce, so recounting the facts of a relationship and providing the documentation to verify the facts of the courtship, the wedding or civil ceremony, then detailing the timeline of marriage, separation and divorce is more than just burdensome, it's sometimes impossible. Attorneys at Fong & Chun have defended clients in such interviews, which can take several hours! Not to mention the legal briefing and the administrative review that can take months to years in the most complicated cases.
We have counseled couples and immigrants who face this difficult situation, sometimes their marriages have ended because they had to escape physical or emotional abuse, other times, the marriage failed because of infidelity or even financial distress. If you need help telling your side of the story to USCIS, call the attorneys at Fong & Chun, LLP for a free consultation. Maybe we can help. --ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/08/elin-nordegren-her-side-of-the.html)
more...
sona75
07-30 02:05 PM
noida123 I sent private messgae
gregspirited
08-19 05:38 PM
Hello Guys,
I have been working with my current employer for last 3 years as Software engineer and filed for PERM last October (18th Oct 2007). My six year H1-B limit expires in January 2010.
Now I'm getting an opportunity to move into Technical Program Management internally (within the same company).
I have couple of questions based on the above scenario
1. Is it safe to take the new opportunity since I have to start over my PERM process (given the backlog in Atlanta center) and also given the amount of time left in my H1-B (approx 15 months left)?
2. If I file a new PERM application now, can I use the experience that I gained in this company as part of the app OR should I use only my previous employer's experience (which was 3-4 years ago and has little relation with what I might do in program management) for the PERM app?
Your replies are greatly appreicated and thanks for your time
I have been working with my current employer for last 3 years as Software engineer and filed for PERM last October (18th Oct 2007). My six year H1-B limit expires in January 2010.
Now I'm getting an opportunity to move into Technical Program Management internally (within the same company).
I have couple of questions based on the above scenario
1. Is it safe to take the new opportunity since I have to start over my PERM process (given the backlog in Atlanta center) and also given the amount of time left in my H1-B (approx 15 months left)?
2. If I file a new PERM application now, can I use the experience that I gained in this company as part of the app OR should I use only my previous employer's experience (which was 3-4 years ago and has little relation with what I might do in program management) for the PERM app?
Your replies are greatly appreicated and thanks for your time
more...
willgetgc2005
04-28 02:51 PM
Bumping up.....
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monk097
02-19 09:49 PM
Hello,
I am currently on H4 visa and I am planning to pursue an MBA program. If i choose to study in H4, i know i qualify for the California resident fee discount. If i change my visa to F1 for studies, would i not be eligible for the california resident discount? or would i lose the residency status?
Thanks.
I am currently on H4 visa and I am planning to pursue an MBA program. If i choose to study in H4, i know i qualify for the California resident fee discount. If i change my visa to F1 for studies, would i not be eligible for the california resident discount? or would i lose the residency status?
Thanks.
more...
ash0210
03-28 02:34 PM
Also, if at all we are supposed to call, at what time? CST/EST?
Core Team please advice.
Core Team please advice.
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pyrosleepy
10-26 10:33 AM
I think Ubaidu's problem is that his degrees are in a different field of study from that of his job. For EB2 the USCIS will surely look into the relevance of the Masters degree to the job description.
more...
TheCanadian
04-13 01:31 AM
Congrats everyone!!!
Thanks for the contest Kirupa :hoser:
Thanks for the contest Kirupa :hoser:
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supu
05-02 09:59 PM
The big Brand Law firms want to charge more than 3000$ for this.
But the small ones are willing to do this at less than half of that.
So i guess i will go with the smaller onces
But the small ones are willing to do this at less than half of that.
So i guess i will go with the smaller onces
more...
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wandmaker
08-19 01:56 PM
Hi Gurus,
I am in company A on H1B and doing H1B transfer to Company B.
Company B is saying that I can join the same day on which the H1B transfer packet is received by USCIS.
if the docs are delivered on SEP 01 2009 can I join on the same day, or I should join from SEP 02 2009
With the current trend and chances of improper filing, I would not recommend you to join based on delivery receipt. Instead, you can join after you receive the receipt notice or approval. If I were you, I would choose the latter.
I am in company A on H1B and doing H1B transfer to Company B.
Company B is saying that I can join the same day on which the H1B transfer packet is received by USCIS.
if the docs are delivered on SEP 01 2009 can I join on the same day, or I should join from SEP 02 2009
With the current trend and chances of improper filing, I would not recommend you to join based on delivery receipt. Instead, you can join after you receive the receipt notice or approval. If I were you, I would choose the latter.
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masti_Gai
09-13 08:47 AM
so he is worried:confused:
itz been nearly 4 months ma 140 is still pending at Nebraska:eek:
itz been nearly 4 months ma 140 is still pending at Nebraska:eek:
more...
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dale
04-09 07:15 AM
OFF TOPIC: Ya3, i just found out that i'm two days older than you :to:
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BMS1
11-06 10:29 AM
You can have any no of transfers before the first transfer is approved but for the final transfer to get approved, all the in-between transfers are to be approved. One issue could be one in-between company withdrawing the H1-B application and another issue could be one in-between company not responding to an RFE in time.
more...
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rbashir
02-16 10:54 AM
If the labor cert has been filed, approved and the I-140 has been filed, I think you can file for an extension of the H1-b. I was advised the same by my attorney, but by the time we filed for the extention, my I-140 was also approved (rather quickly).
You should contact your immigration attorney right away.
But what about extension based on appeal
You should contact your immigration attorney right away.
But what about extension based on appeal
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ras
07-19 09:27 AM
May not be exactly what you are looking but will get some info through the following threads
http://immigrationvoice.org/forum/showthread.php?t=19347
http://immigrationvoice.org/forum/showthread.php?t=20271
follow the links in them as well so that you may find something useful
http://immigrationvoice.org/forum/showthread.php?t=19347
http://immigrationvoice.org/forum/showthread.php?t=20271
follow the links in them as well so that you may find something useful
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ashwaghoshk
07-27 10:00 PM
I am from health care industry and have a bachelors degree. My GC has been initiated under Eb3 category. We do not need the PERM process so an I 140 will be filed once the prevaling wage determination is cleared by the DOL. Recently I learnt that though I have the bachelors degree it is equivalent to the masters degree of my profession. I have a document stating the same from the board who is responsible for licensing.
My question is that since my process is already initiated in EB3 can i also start it under EB2? Do i have to withdraw the earlier EB3 if i want to proceed with EB2? Please let me know if that is allowed or not.
My question is that since my process is already initiated in EB3 can i also start it under EB2? Do i have to withdraw the earlier EB3 if i want to proceed with EB2? Please let me know if that is allowed or not.
bfadlia
05-15 03:48 PM
Hi Guys,
I am also thinking abt applying for Canada PR?How much would it cost? Is location specific?
Again, looking at the website might help u more get the whole picture and all the details, than asking a question or two on forums http://www.cic.gc.ca/english/immigrate/index.asp
The cost varies by family size. For a family of 4, in the beginning u'll need 1000-2000 for application fees and to prepare ur documents. one or two years later, you'll need another 1000-2000 for medical exams and landing/visa fees.
If you apply to the federal program, you are allowed to go anywhere except quebec. There is also a provincial program in each province that allows u to immigrate to that province, but then again u can move later..
I am also thinking abt applying for Canada PR?How much would it cost? Is location specific?
Again, looking at the website might help u more get the whole picture and all the details, than asking a question or two on forums http://www.cic.gc.ca/english/immigrate/index.asp
The cost varies by family size. For a family of 4, in the beginning u'll need 1000-2000 for application fees and to prepare ur documents. one or two years later, you'll need another 1000-2000 for medical exams and landing/visa fees.
If you apply to the federal program, you are allowed to go anywhere except quebec. There is also a provincial program in each province that allows u to immigrate to that province, but then again u can move later..
alterego
11-14 08:49 AM
If your 485 is denied, all derivative benefits like EAD/AP are also lost. You therefore can't use EAD for another job even if 6 months have elapsed.
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