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Wednesday, June 8, 2011

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  • shana04
    02-05 08:32 PM
    My H1 extension expires on March 08, Have EAD, Work for the same employer who sponsered my GC.

    Does my employer has to apply for my H1 extension ? Should I use EAD to work with my same employer (what paper work I have to do ?).

    Hypothical question, If I use EAD to work, lets say there is a delay in getting my EAD renewed even though I apply 120 days in advance, should I stop working and start working only after I get my new EAD ??

    Some may find these as irrelvant thoughts/questions, but we are in this limbo state and it is better to know.

    Thanks.


    Always advicible to use H1B renewal and H1B transfer, recommend not to use EAD.

    If you plan to change employer and what if he revokes your I 140. so better to renew.

    And what if you plan to renew EAD and it gets delayed ( you can go for interim) so why take risk.

    Good luck





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  • sargon
    07-09 12:14 AM
    http://seeker.dice.com/jobsearch/servlet/JobSearch?op=302&dockey=xml/9/7/974f8dfa5aa7d67486264fef13a9dbbf@endecaindex&source=4&bb=1

    Thought the least I could do was to name and shame such pimps. Though I seriously doubt if such folks are capable of feeling any shame.





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  • nlalchandani
    01-11 11:55 AM
    My wife has her name changed in the local county (Judge's order and a name change certificate)
    She may start a job on EAD (has maiden name)..

    Any clues on the process to make similar change in EAD, AP +passport (We would travel soon too), Pending 485 (so that her GC approval comes with the new name)

    Has someone changed names for EAD, AP, 485..





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  • seeking_GC
    07-19 01:34 PM
    I came back from India yesterday and used my AP for the second time in SFO ( had been to India last November using the same AP) and had absolutely no issues. I have used AC 21 so I am not with the employer who started my GC process.

    When you come into immigration they take your finger prints, just hand them your AP and passport and they will send you to secondary inspection.( If you are using AP you are always sent to secondary inspection), place your passport and AP in the slots placed on the table as you enter the room, the immigration officers will pick up the papers one by one and call your name if they have any questions. For me they asked if I had only one copy of my AP, I said yes as they had kept one copy the last time I had used my AP. He then asked me how long I was out of the country (2 weeks ) and whether it was business or vacation ( business in my case ), he asked me to have a seat, five mins later he called and gave me my passport and parole stamped AP ( He stamped it a second time as there was already a parole stamp on the AP) Whole process took about 20-25 mins.

    Hope that helps



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  • nat23
    06-14 11:17 AM
    I would recommend you stick to you H1B by getting an extension on H1. The problem with EAD is that EAD extensions take long and there is no guarantee your EAD extension will be granted before the present one expires. If this were to happen you are out of status (ppl correct me here if I'm wrong). So maintain ur H1 status as far as possible.





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  • Bogdan
    10-22 11:41 AM
    Good morning everyone!

    I have an H1B issued in October 2006. Also, my concurently filed I-140 and I-485 were filed in November 2007 and are pending and I have just renewed my EAD.

    Yesterday, I received an email from HR asking me to provide a new EAD, because the old one expires. Their records indicate that my status is pending I-485, not H1B. Obviously I never told them to use the EAD, because I know the H1B may be invalidated. I provided them with a copy of the H1B when it was issued, but later the lawyers may have provided them with a copy of the EAD and they just updated my status from H1B to pending I-485. HR doesn't know anything about immigration processes or regulations.

    Given HR fixes their record now to show I am working on H1B, is there any way USCIS can find out that HR used the EAD to verify I have the authorization to work and invalidate my H1B? Is there a database where all companies input the basis on which their non-citizen employees are authorized to work that USCIS has access to on a regular basis and which shows that basis/status at each point in time (like a log)? What does to work on H1B or EAD actually mean (what does HR have to do differently - maybe when they file taxes?) and how can USCIS know whether one works with H1B or EAD?

    I really appreciate any hint/advice and thank the helper(s) in advance.



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  • vin13
    03-06 02:45 PM
    What are the document are required while travelling on AP?
    Please let me know what kind of question they ask at POE?

    All other kind of information will help me prepare in advance

    Thanks

    Please read the first couple of posts on this thread for your answer.





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  • FinalGC
    09-16 12:57 PM
    Good note hebbar77!! I concur...but I think I heard from some attorneys' some time back.....but these are attorney's...they change their mind constantly



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  • glus
    12-29 09:53 AM
    I think, you should check with an Immigration Attorney before you risk your wife�s multiple entry Visitor Visa.

    My take:

    AFAIK, staying beyond the I-94 expiration date will abandon her Visitor Visa, and she could be denied entry next time.

    In your wife�s case, you have applied for a change-of-status, however a decision has not yet been made, so she should leave the country before the I-94 expiration date and come back later after the F1 is approved. But, leaving the country while the change-of-status application is pending might cancel the change-of-status application, and not the underlying F1 application. So, your wife may have to get a F1 visa stamping abroad to come back later.

    The above said information is purely based on my knowledge and may vary from an Attorney�s view.

    Good Luck!

    Once again, per INA a person is allowed to remain legally in the U.S. while COS is pending. Leaving U.S. while COS is pending is VERY bad idea so several reasons, including but not limited to abandonment of the underlying petition. Please check INA for details.





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  • nhfirefighter13
    May 31st, 2004, 07:41 PM
    LOL ! :D

    Travel on AP after job change and AC21? [Archive] - Immigration Voice

    View Full Version : Travel on AP after job change and AC21?




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  • h1techSlave
    01-05 05:37 PM
    Yeah, I agree with you there that the actual number of successful porting may be miniscule. Plus it takes a lot of time to complete all the steps to successfully get the coveted EB2 status. And even when an EB3 person gets the EB2 status, USCIS/DOS may not release the EB3 visa originally allocated to him or they may release it after a year or so.

    End result, they can just copy paste data for EB3 India. One less thing to do for the data entry operators.

    i woudl think the actual number porting is miniscule...

    but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
    Even an annual release would be very helpful...:confused:





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  • thatwillbeit
    06-06 03:38 PM
    Thanks for your reply wandmaker


    akhilmahajan : Here is checklist of documents that I guess should be sent with AP I-131 form

    I-131 Application Supporting documents

    Copy of I-485 receipt Notice
    Copy of I-140 Receipt/Approval Notice
    Copy of Prior Advanced Parole Document (AP)
    Copy of Biographic Page of Passport
    Copy of Drivers' License
    2 Passport size Photos
    Check for $305 in favor of DHS



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  • gvenkat
    11-30 02:44 PM
    Hi

    I hope someone here can shed some light on my situation. I have two midemeanors on my record and must go for my interview end of next month. The first misdemeanor was last year when I backed up and hit another car's headlight out. Because I did not have my license yet, I left the scene... hit and run. The second was a DUI earlier this year. I ended up with a 5 year probation on the DUI.

    I also received two traffic tickets, driving without a license, in the past two years. I'm almost done paying the fines.

    I received my temporary work permit last month and received my interview notice yesterday. Will these two misdemeanors/tickets play a role in my interview.

    Stupidity has no boundaries! :mad:

    Any advice or comments will be appreciated! Thanks.

    I cannot resist to say that how glad America is to have an idiot like u as a permanent resident whereas people with clean records are left in the lurch...

    Way to go USA... :mad:

    as you said Stupidity has no boundaries! :mad:





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  • julsun
    09-27 11:30 AM
    Did you send two separate checks for 485 or did you combine them into one? How many LIN numbers did you see on the back of the check for 485?

    I had sent one combined cheque for EAD. My company had sent a seperate cheque for 485. I just sw my EAD cheque encashed today and it has two LIN numbers (I presume one for me and one for my wife). Not sure about 485 cheques since my company had sent them.

    Thanks



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  • mrane1
    09-06 01:50 PM
    Same thing happened to me... My wife received her notice first... I didnt receive it for almost 2 weeks after her... called USCIS... IO told me a FP was not issued for me at all, and I have to wait 30 days to receive it :mad:... checked my mail box the same day it was there!:D





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  • keepwalking
    05-13 04:56 PM
    My priority date becomes current on June 1st. I need to add my wife (dependent) to my green card process. Please let me know how long it takes for her to get her green card. We stay in Houston, Texas. My I-485 is with Texas processing Center.



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  • Libra
    08-09 10:44 PM
    there you go you said that but in a new thread again.........





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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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  • rameshk75
    02-14 03:48 PM
    Payroll should be run regularly for a person on H1B. USCIS may ask all the paystubs if they call for an interview(not everyone will be selected for the same) during 485 approval..If the person changes to EAD then in case if he is out of job then it should be fine... my thoughts...





    deepakjain
    07-22 05:42 PM
    is this is right?

    -> H1 (797 approval notice) is valid
    -> you enter USA on AP, you will get AOS status.
    -> H1 is still valid but unusable as the status is AOS.
    -> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
    -> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).

    PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.


    Anyone entering US using Advance parole becomes a "Parolee", but still can work on H1B with the same employer, BUT need to inform the employer that they entered using AP.

    You are eligible for H1B extension after expiry and again get back to H1B status.

    Being on AOS status it is better to have H1B stamped on your passport if you visit your nation, at Port of Entry categorically tell the officer that I do not intend to use my AP. {now many will say way to tell the officer they can know your status and do not be surprised if they tell you that you have your labor, 140 cleared and on waiting 485 status and hold and AP and EAD with so and so dates...

    I myself have been told by the officer at the POE that my 140 is cleared when I entered US in 2008 [ this was before the attorney or I received any communication]....





    kinaz
    01-31 09:32 AM
    Hi! I was on H4 for 3.5 years before getting a H1 when I joined a Residency program as a Pediatrician. Since for residency we sign 1 year contracts at the beginning of each year, my H1's are being done similarly as well. So they apply for 1 year H1's every year. I am in my 2nd and will be getting the 3 rd one in a few months.
    My question...does my 3.5 year on H4 get counted towards the H1's 6 year limit.
    Thanks in advance. Regards,RS