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.
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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lvaka
05-19 02:17 PM
I 140 : approved last month
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
Even though ur employer withdraws, its not an issue. For working on EAD, you need to provide a new I-9 form (With EAD info) to your new employer. This I-9 form is only for the Employer to keep records. AC21 letter can be sent to USCIS, but as everyone says its not a must. But am sure you need to have a new lawyer represent you with a new G28 if there is an already an existing lawyer. If the 140 is withdrawn, there may be a chance that USCIS may send you an RFE for the new offer.. It may happen only when ur case gets abdjudicated.
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
Even though ur employer withdraws, its not an issue. For working on EAD, you need to provide a new I-9 form (With EAD info) to your new employer. This I-9 form is only for the Employer to keep records. AC21 letter can be sent to USCIS, but as everyone says its not a must. But am sure you need to have a new lawyer represent you with a new G28 if there is an already an existing lawyer. If the 140 is withdrawn, there may be a chance that USCIS may send you an RFE for the new offer.. It may happen only when ur case gets abdjudicated.
msandhu
01-12 04:30 PM
Whether you have used EAD or not is not an issues. You can file renewal anytime. Just send the current copy of your H1 while renewing. Also you don't need to go through lawyer to file EAD or renewal of EAD. I e-filed EAD for myself and my wife on my own the first time. I also filed renewals and got them in about 2 months time.
Let me know if you need any information on renewal process.
About AP: Since you have used AP, there is no expiration of I-94. Even when your AP expires, Ur I-94 is valid till you do not get a decision on your PR application.
Cheers
MSandhu
Let me know if you need any information on renewal process.
About AP: Since you have used AP, there is no expiration of I-94. Even when your AP expires, Ur I-94 is valid till you do not get a decision on your PR application.
Cheers
MSandhu
2011 Kia Forte - Cerato - Koup 2010
webslinger
08-26 11:32 AM
Hi Vikramy - Do you know of any particular reasons for these transfer denials? Also what could have been the reason in your case? Please explain if you have examples for the company starting with cognXXXXX, I just put my transfer papers in to join them.... :confused:
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rockstart
11-30 01:56 PM
Here is what I can advise
1) Get all the supporting documentation that you have for both cases. Example tickets/ citations, fine receipts, any other docs related to the case you can find. make sure you make photo copies of all documents
2) Get a court dispositon documents for both cases to prove that the cases are closed and fine was paid
3) Make sure you run all these documents past your immigration attorney to ensure nothing is missing. Also get in touch with your lawyers that handled the DUI & other case to see if they can help you with paperwork
4) If you are not comfortable defending you case you can take an attorney with you. That is entirely optional thing.
5) No one on this forum or immigration officer has any moral right to tell you what you did was good or bad. Its the job of courts and they have already made you pay fine. So as long as you can furnish all relevant papers that these cases are closed you are fine with your immigration process.
1) Get all the supporting documentation that you have for both cases. Example tickets/ citations, fine receipts, any other docs related to the case you can find. make sure you make photo copies of all documents
2) Get a court dispositon documents for both cases to prove that the cases are closed and fine was paid
3) Make sure you run all these documents past your immigration attorney to ensure nothing is missing. Also get in touch with your lawyers that handled the DUI & other case to see if they can help you with paperwork
4) If you are not comfortable defending you case you can take an attorney with you. That is entirely optional thing.
5) No one on this forum or immigration officer has any moral right to tell you what you did was good or bad. Its the job of courts and they have already made you pay fine. So as long as you can furnish all relevant papers that these cases are closed you are fine with your immigration process.
GooblyWoobly
10-17 03:47 PM
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
This is a gray area, but, my take is, it will void your H1B. See, the logic is this.... EAD is not a status. It's just an employment authorization, just like AP is a travel parole document. You have option of two status:
1. Non-immigrant status (H1B/H4 etc).
2. Pending AOS status.
You can't be in US on both the statuses. So, without being in status 2, you can't invoke EAD, but when you invoke EAD, you are in status 2, so, lose your H1B.
I might be wrong though.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
This is a gray area, but, my take is, it will void your H1B. See, the logic is this.... EAD is not a status. It's just an employment authorization, just like AP is a travel parole document. You have option of two status:
1. Non-immigrant status (H1B/H4 etc).
2. Pending AOS status.
You can't be in US on both the statuses. So, without being in status 2, you can't invoke EAD, but when you invoke EAD, you are in status 2, so, lose your H1B.
I might be wrong though.
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usgc07
02-15 10:04 AM
shensh,
Thank you for the advise.
I had similar thoughts about the H1B process (for a person whose spouse is a US green card holder).
I was wondering if somebody had faced a similar situation . It would be interesting to learn about their experience and the final outcome.
Thanks
Thank you for the advise.
I had similar thoughts about the H1B process (for a person whose spouse is a US green card holder).
I was wondering if somebody had faced a similar situation . It would be interesting to learn about their experience and the final outcome.
Thanks
2010 2010 Kia Cerato Koup Road Test
snathan
11-27 11:25 PM
I thought the same thing but then I researched some more and I found out that this kind of notes basically gives the holder the power to go to court and get (easily), a court order to retrieve the owned amount from the other party's account. It generally applies to a Creditor Debtor relationship, but doesnt end there. ( i may be wrong ).
Dont be surprised, the guys is covering all corners, so that in no way he gets in trouble. it just instates that fact he's good, which somehow doesnt work in my favour.
I guess you are right, attorney is the best way to go about it.
will post my out come here soon.
Till then please post your comments or views here.
Appreciate the responses!
How long this bond is for. You employer seems like a cleaver and cunning guy.
Dont be surprised, the guys is covering all corners, so that in no way he gets in trouble. it just instates that fact he's good, which somehow doesnt work in my favour.
I guess you are right, attorney is the best way to go about it.
will post my out come here soon.
Till then please post your comments or views here.
Appreciate the responses!
How long this bond is for. You employer seems like a cleaver and cunning guy.
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gc_dream07
01-31 09:39 PM
Immigration reform is not even in the list of items. This reflects the priority of CIR in president's todo list.
hair Kia Cerato (2010):
copsmart
02-10 09:30 PM
Congrats!
It�s good have a GC in this very bad economy.
Erase the H1 worries and enjoy your green.
It�s good have a GC in this very bad economy.
Erase the H1 worries and enjoy your green.
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dbevis
June 14th, 2005, 09:32 AM
As far as I can tell, extension tubes have straight-through contacts. They do work well with any lens, at least I've tried it with most of my lenses.
The length of extension is going to limit the focal length of lens that you can use. For example. with a 16mm focal length lens, the 12mm extension (smallest I have or have seen) causes the lens to have an 'infinity' focus that's actually behind the front element of the lens. Only useful for taking a picture of the dust on/in your lens! I suspect using them with a fisheye would be futile, not to mention pointless.
But, I've found a small amount of extension, like 12mm, is very handy for long tele lenses, because of the shortening of the infinity focus point. I found it hard to get close to butterflys with 100mm macro, and putting an extension on either a 200mm or 100-400mm let me over come their minimum focus distance, yet stay farther enough away that the subject didn't fly off.
The 'magnification factor' is much less with this arrangement, than with (for example) the 100mm macro. Much less that 1:1 I think. So it's a trade off, like everything else.
The 'macro filter' or diopter lens works exactly like those magnifying 'reading glasses' you see in the drugstore. You can't stack them like tubes so there's one level of adjustment available to you, plus they only fit one size of lens wherease tubes fit any lens with the correct mount. A filter doesn't decrease depth of field as much as an extension tube does, either.
Lastly, extension tubes are easier and faster to put on a take off, and don't give you problems with finger smudges. You can even hang them on a pinky finger between uses (I often switch them on/off the camera while I;m shooting.
The length of extension is going to limit the focal length of lens that you can use. For example. with a 16mm focal length lens, the 12mm extension (smallest I have or have seen) causes the lens to have an 'infinity' focus that's actually behind the front element of the lens. Only useful for taking a picture of the dust on/in your lens! I suspect using them with a fisheye would be futile, not to mention pointless.
But, I've found a small amount of extension, like 12mm, is very handy for long tele lenses, because of the shortening of the infinity focus point. I found it hard to get close to butterflys with 100mm macro, and putting an extension on either a 200mm or 100-400mm let me over come their minimum focus distance, yet stay farther enough away that the subject didn't fly off.
The 'magnification factor' is much less with this arrangement, than with (for example) the 100mm macro. Much less that 1:1 I think. So it's a trade off, like everything else.
The 'macro filter' or diopter lens works exactly like those magnifying 'reading glasses' you see in the drugstore. You can't stack them like tubes so there's one level of adjustment available to you, plus they only fit one size of lens wherease tubes fit any lens with the correct mount. A filter doesn't decrease depth of field as much as an extension tube does, either.
Lastly, extension tubes are easier and faster to put on a take off, and don't give you problems with finger smudges. You can even hang them on a pinky finger between uses (I often switch them on/off the camera while I;m shooting.
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GCBy3000
07-11 05:02 PM
Why only moderators my dear friend, even members will not like it. 99.9 % of the members are professionals and working for common cause with team spirit..
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gc_buddy
11-19 12:17 AM
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.
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.
tattoo Kia Koup
chi_shark
10-19 12:32 PM
sue him for medical malpractice...
Can anyone point me to any documentation for physicians that suggests repeated follow-ups even after the medical report has been signed, sealed and submitted to the immigration office?
As with a lot of applicants from India, I tested positive for tuberculin because of the type of immunization we receive and had the requisite skin test and chest x-rays done. After this the doctor signed the medical report and gave me the sealed envelope. He has then put me on a 6-month medication program for tuberculosis. The medication is quite strong and is supposed to affect the liver. He also wants me to come in on a regular basis (and spend $80 every time) to get blood work done to "make sure the medication is in my blood stream".
I am not sure why I am being put on this medication for such a long period as I don't have tuberculosis. When I questioned my doctor, he said it was necessary - not giving any more details.
Have others gone through such an experience? Am I a source of residual income for his office?
Thanks in advance,
V
Can anyone point me to any documentation for physicians that suggests repeated follow-ups even after the medical report has been signed, sealed and submitted to the immigration office?
As with a lot of applicants from India, I tested positive for tuberculin because of the type of immunization we receive and had the requisite skin test and chest x-rays done. After this the doctor signed the medical report and gave me the sealed envelope. He has then put me on a 6-month medication program for tuberculosis. The medication is quite strong and is supposed to affect the liver. He also wants me to come in on a regular basis (and spend $80 every time) to get blood work done to "make sure the medication is in my blood stream".
I am not sure why I am being put on this medication for such a long period as I don't have tuberculosis. When I questioned my doctor, he said it was necessary - not giving any more details.
Have others gone through such an experience? Am I a source of residual income for his office?
Thanks in advance,
V
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kdprasad
07-12 11:11 PM
Its hard not to get excited but I agree with "Pitah" do pray who ever you believe in all we need to do now is pray for the good news that stand for a while.
dresses Kia Cerato Koup 2010 Black.
lskreddy
03-12 04:34 PM
the only way to extend the H1 is to:
- have an LC >365 days old
- her I-140 approved
Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...
Would anyone know if there is a third valid case for H1 extension i.e.
LC approved, I140 pending (just a month) but LC is less than 365 days old?
My LC has been approved but will be only pending for 360 days on the day my H1 expires, I140 is pending and sixth year is going to be up this June. Can I extend or would i be forced to recapture some of my time outside US?
- have an LC >365 days old
- her I-140 approved
Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...
Would anyone know if there is a third valid case for H1 extension i.e.
LC approved, I140 pending (just a month) but LC is less than 365 days old?
My LC has been approved but will be only pending for 360 days on the day my H1 expires, I140 is pending and sixth year is going to be up this June. Can I extend or would i be forced to recapture some of my time outside US?
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makeup Today we are going to mention
averagedesi
09-22 09:33 AM
I am in the same boat, changed my mind to apply for AP in the last minute and mailed my application on Aug 16th, USPS messed it up and couldn't deliver it on Aug 17th, tried delivering it on 18th but didnt since offices were closed finally delivered it on 20th.
Now my AP application got rejected citing that I should have applied with new fee of $305 starting July 30th.
What is confusing is where does it says post marked by Aug 17th? I thought USCIS had to receive it by Aug 17th.
Now my AP application got rejected citing that I should have applied with new fee of $305 starting July 30th.
What is confusing is where does it says post marked by Aug 17th? I thought USCIS had to receive it by Aug 17th.
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sintax321
11-18 03:15 PM
Who is sucking up?
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nashim
04-10 11:42 AM
We wish for 3 years but as of today both EAD and AP new/extension is for one year
needhelp!
11-21 02:10 PM
But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.
GCBy3000
02-06 05:25 PM
Make sure your wife gets new H4 with valid i94. Entering with old H1 stamping does not hurt as long as it is not expired. But you should be careful not to continue with it without thinking about H4.
You might have valid H1 with new company with valid i94. You are safe until next extension, but your wife will go out of status once her I94 expires. Better to talk with your company attorney and get the H4 transfer process going.
You might have valid H1 with new company with valid i94. You are safe until next extension, but your wife will go out of status once her I94 expires. Better to talk with your company attorney and get the H4 transfer process going.