gcpadmavyuh
10-07 11:08 PM
Hi Parimmigv:
Applying for 485 does not affect your H1/H4 status, as these visas are dual intent.
If your H1 is approved, your H4 status will cease to exist from the date of H1 validity (I'm guessing, Oct 1st for you). So, officially from that date, you are on H1.
If you have applied for 485 recently, you are also eligible for EAD which authorizes you to take up "ANY" job of your choice in the US.
485 iteslf is a separate status called the adjustee or parolee status.
Now to your questions:
1. what status am I on right now ?
Since your H1 is approved, effective Oct 1st you are on H1 status. Since you applied for 485 recently you are also on the parolee status. Typically to come out clean of the H1 status, one uses their EAD to work. Then the H1 status is invalidated. To do this, just fill out a new I9 form with your employer showing EAD as the basis of authorization to work.
2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
No,this is not true. You need not have your H1 stamped to be on H1 status. Your H1 picks up on Oct1st if your 797 went through.
3. How to move to EAD as I don't want to pay payroll fees ?.
Need to fill out a new I9 form with your employer indicating your EAD as the form of authorization to work.
BTW, I gathered that you have'nt received your EAD yet and you may not be in a position to produce it as proof of auth for work for a new I-9. I personally think you dont need to worry about not getting paid from Oct 1st through the day of your EAD approval, as you can claim to be on 485 parolee status during this period and not H1. Please check with a qualified
attorney. I'm 99.99% sure of this.
good luck!
Hello:
Can some please help me here ?.
Iam on H4 and I applied for H1 through a consulting company and got it approved last month. I haven't got my I797 form yet.
I have applied for EAD through my husband's company. I think EAD may take few more months to get approved. My questions are:-
1. what status am I on right now ?
2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
3. How to move to EAD as I don't want to pay payroll fees ?.
Thanks,
Applying for 485 does not affect your H1/H4 status, as these visas are dual intent.
If your H1 is approved, your H4 status will cease to exist from the date of H1 validity (I'm guessing, Oct 1st for you). So, officially from that date, you are on H1.
If you have applied for 485 recently, you are also eligible for EAD which authorizes you to take up "ANY" job of your choice in the US.
485 iteslf is a separate status called the adjustee or parolee status.
Now to your questions:
1. what status am I on right now ?
Since your H1 is approved, effective Oct 1st you are on H1 status. Since you applied for 485 recently you are also on the parolee status. Typically to come out clean of the H1 status, one uses their EAD to work. Then the H1 status is invalidated. To do this, just fill out a new I9 form with your employer showing EAD as the basis of authorization to work.
2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
No,this is not true. You need not have your H1 stamped to be on H1 status. Your H1 picks up on Oct1st if your 797 went through.
3. How to move to EAD as I don't want to pay payroll fees ?.
Need to fill out a new I9 form with your employer indicating your EAD as the form of authorization to work.
BTW, I gathered that you have'nt received your EAD yet and you may not be in a position to produce it as proof of auth for work for a new I-9. I personally think you dont need to worry about not getting paid from Oct 1st through the day of your EAD approval, as you can claim to be on 485 parolee status during this period and not H1. Please check with a qualified
attorney. I'm 99.99% sure of this.
good luck!
Hello:
Can some please help me here ?.
Iam on H4 and I applied for H1 through a consulting company and got it approved last month. I haven't got my I797 form yet.
I have applied for EAD through my husband's company. I think EAD may take few more months to get approved. My questions are:-
1. what status am I on right now ?
2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
3. How to move to EAD as I don't want to pay payroll fees ?.
Thanks,
tabletpc
08-23 02:53 PM
Based on the information you know about immigration and discsion u have been having with frinds ,attorneys, websites..etc. What do you think about the probability of I-140 premium starting date...!!!
I guess 485 getting current does not help much without getting i-140 approved.
I guess 485 getting current does not help much without getting i-140 approved.
onemorecame
02-15 10:18 AM
In case one is using EAD and 485 rejected for some reason. you have 180 days to safe guard one self.
please check other threads for detailed responses.
Good luck
I checked other thread but unable to find the related information.
Please let us know if you read above thing from some authenticated place. �That we have time to safeguard over self if I485 denied, if yes then what is the way?�
Thanks
please check other threads for detailed responses.
Good luck
I checked other thread but unable to find the related information.
Please let us know if you read above thing from some authenticated place. �That we have time to safeguard over self if I485 denied, if yes then what is the way?�
Thanks
dealsnet
02-23 03:13 PM
She can't renew her H1B after 6 years. She can work using EAD or choose not to work. No need for H4 also. If you want a cover for you, she need to file PERM for her to start a process for her. No other way for cover. If you work for sponsoring employer, your H1B is still valid, eventhough you enter with AP.
Hi,
1. I have my I-140 approved, applied for I-485 and have EAD/AP
2. Spouse has her own H1-B, and applied for I-485, based on my I-140, and has EAD/AP
3. Both have 6 years of H1-B expiring later this year (both from different companies)
I can extend my H1-B based on pending applications.
QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?
My present H1-B expires in November, but I will probably get my new H1-B renewed by June. I intend to travel in September. I don't intend to go for visa stamping and not use my AP. This is because I have a valid stamp until November.
Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?
Thanks.
Hi,
1. I have my I-140 approved, applied for I-485 and have EAD/AP
2. Spouse has her own H1-B, and applied for I-485, based on my I-140, and has EAD/AP
3. Both have 6 years of H1-B expiring later this year (both from different companies)
I can extend my H1-B based on pending applications.
QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?
My present H1-B expires in November, but I will probably get my new H1-B renewed by June. I intend to travel in September. I don't intend to go for visa stamping and not use my AP. This is because I have a valid stamp until November.
Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?
Thanks.
more...
sku
12-31 12:43 AM
Bump
vikki76
02-13 12:45 AM
MS+0 works fine for EB2. Couple of my friends have got GC through this qualification only.They were B.Tech Computer Science + Master Computer Science (US)
more...
tdasara
08-28 04:02 PM
Remember to get a MS in Computer Science you have to complete a few prerequisites else no University would offer you the degree.
If your Prevailing Wage Requirement states the minimum requirement is MS in CS (and/or experience) you should be good.
If your Prevailing Wage Requirement states the minimum requirement is MS in CS (and/or experience) you should be good.
InTheMoment
06-15 10:07 AM
Use the one with the 08 expiry date. This is what I did and prefilled it before I gave it the doc. Point out the OMB expiry date to him incase he is making trouble!
more...
onemorecame
07-27 12:49 PM
I wish I had a friend like you who cares so much about his friend's immigration. I thiink you should ask your friend to join Immigrationvoice and ask the question himself. If you are your friend and want to hide yourself, may I ask why are you so scared of being annonymous.
NO he is talking about himself.....
Am i Right Friend? :D
NO he is talking about himself.....
Am i Right Friend? :D
chanduv23
10-09 05:32 PM
^^^^^^^^^^^^
more...
kprgroup
07-22 02:35 PM
Thank you so much for a detailed reply.I really appreciate your time to write this. I don't have I-140 approval notice but have a copy of online 140 case status page showing it's approved.. Did use this during my MTR.
I did renew my EAD & AP May24th and AP approved and EAD still under initial review.Hopefully I will get it soon.
One more question.In case of H1B extension denial, has any effort on my pending 485?
Again thanks a lot for your valuable input.
KPR
I did renew my EAD & AP May24th and AP approved and EAD still under initial review.Hopefully I will get it soon.
One more question.In case of H1B extension denial, has any effort on my pending 485?
Again thanks a lot for your valuable input.
KPR
r_mistry
11-06 02:51 PM
Hi Guys -
I filed my I485/EAD/AP at Nebraska on July 24th, 2007. Got receipts for all of them on September 19th. Done FP on October 23rd for myself and my wife and saw a LUD on I-485 a day after. EADs were approved and received on October 10th. But i have not received AP yet. Looks like my application is still with NSC. Never got a transfer notice or anything and online status also shows "Case received and pending at Nebraska".
There is only one LUD on AP and that was on September 21st. Nothing after that.
Anybody in the same boat? Do i need to make an infopass to get more information on this. I need to travel in December and want to make sure i get AP before that.
Many thanks in advance for your responses
I filed my I485/EAD/AP at Nebraska on July 24th, 2007. Got receipts for all of them on September 19th. Done FP on October 23rd for myself and my wife and saw a LUD on I-485 a day after. EADs were approved and received on October 10th. But i have not received AP yet. Looks like my application is still with NSC. Never got a transfer notice or anything and online status also shows "Case received and pending at Nebraska".
There is only one LUD on AP and that was on September 21st. Nothing after that.
Anybody in the same boat? Do i need to make an infopass to get more information on this. I need to travel in December and want to make sure i get AP before that.
Many thanks in advance for your responses
more...
number30
10-26 08:14 PM
vacation or telecommuting for longer duration (not sure about max # of days) is considered as abandoning AOS.
You need not be here in US until the GC is approved. There is no abandoning if he has valid offer and some way of re-entry like valid AP or H1.
You need not be here in US until the GC is approved. There is no abandoning if he has valid offer and some way of re-entry like valid AP or H1.
akmypoints
10-29 02:15 PM
Adding to the scenario above, what if the old company (which got I-140 approval) agress to continue the GC process? In that case, can't we apply for H1 extension with Company B using approved I-140 with Company A? After all, GC is a future employment application
more...
sprash
03-02 05:09 PM
ok, here is the story:
http://marketplace.publicradio.org/display/web/2009/03/02/foreign_tech/
http://marketplace.publicradio.org/display/web/2009/03/02/foreign_tech/
shantanup
06-25 09:43 AM
On a lighter note, you may not even want to prove your legal status. After CIR you'll be in a better position to get adjusted, faster and easier!
more...
mbartosik
01-30 08:42 PM
http://www.dhs.gov/xlibrary/assets/real_id_final_rule_part1_2008-01-11.pdf
http://www.dhs.gov/xlibrary/assets/real_id_final_rule_part2_2008-01-11.pdf
See 37.21 of part 2.
Some states stood up for us, but DHS just don't understand.
http://www.dhs.gov/xlibrary/assets/real_id_final_rule_part2_2008-01-11.pdf
See 37.21 of part 2.
Some states stood up for us, but DHS just don't understand.
arnet
11-16 01:49 PM
any one had this experience? thanks and sorry to post this again.
Irs
02-28 04:51 PM
Online search would give a bunch of sites… you know your insurance needs for you/family better than anyone….You may find one or many but trade-offs are inevitable... make sure to compare the new insurance that you will be buying against the one you have to validate coverage...
myGC_0507
05-17 08:30 PM
3 years visa. It is not a startup company but not very big company. She is not into software.
But does she got 3 years while transferring H1? Is she transfer through a startup company?
-jignesh
But does she got 3 years while transferring H1? Is she transfer through a startup company?
-jignesh
xela
11-12 09:25 AM
The question is who has the answer, other than the people at uscis that dont want us to know?
I dont understand any of the EB3 not moving it is the beginning of the fiscal year, they should be moving forward not be stuck....
Are we going to have another July 2007 fiasco?
I dont understand any of the EB3 not moving it is the beginning of the fiscal year, they should be moving forward not be stuck....
Are we going to have another July 2007 fiasco?