wandmaker
10-23 10:15 AM
Thanks guys,
But I am still not 100% clear. I thought both of them have independent EAD statuses, but applying together is because of maritial status.
Is it not needed for wife's case to be independently handled.
You can have independent status of EAD, but your wife's EAD is based on her 485 and her 485 is based on your 485. If your 485 is denied, your EAD is invalid and you dont have any status. Eventually her 485 will also be denied based on your denial that will make her EAD invalid. Hope this helps! Basic rule! Until the 485 denial of individual application, individual EAD is valid
But I am still not 100% clear. I thought both of them have independent EAD statuses, but applying together is because of maritial status.
Is it not needed for wife's case to be independently handled.
You can have independent status of EAD, but your wife's EAD is based on her 485 and her 485 is based on your 485. If your 485 is denied, your EAD is invalid and you dont have any status. Eventually her 485 will also be denied based on your denial that will make her EAD invalid. Hope this helps! Basic rule! Until the 485 denial of individual application, individual EAD is valid
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permfiling
10-20 11:56 PM
Thank you Prashanthi for your reply.
I have a letter (it's in email format) that shows my lay-off is because of "lack of work". However, this letter is for the time before my GC was approved. I suppose that I need to get a letter from the company dated sometime after my GC approval date in order to present that in the time my citizenship process to justify that the job offer was not speculative; right?
That might also possible to get a letter from the company that shows they are willing to hire me in case there's a new project; thanks for your comment on this.
I think as Attorney Prashanthi mentioned, uscis might consider the current economic situation as well but b/w now and 5 yrs uscis might have updated laws too.
I have a letter (it's in email format) that shows my lay-off is because of "lack of work". However, this letter is for the time before my GC was approved. I suppose that I need to get a letter from the company dated sometime after my GC approval date in order to present that in the time my citizenship process to justify that the job offer was not speculative; right?
That might also possible to get a letter from the company that shows they are willing to hire me in case there's a new project; thanks for your comment on this.
I think as Attorney Prashanthi mentioned, uscis might consider the current economic situation as well but b/w now and 5 yrs uscis might have updated laws too.
sundevil
03-17 06:12 PM
This employer already hurt you by revoking your 140 and seems like you are not a big fan of his. Why don't you file a WH4 form with DOL for Feb'08 to Apr'08 salary. That way it becomes your ex-employer problem and you can explain your status all the way from Jan'08 to Apr'08.
I was working with a company until November 2007. I went to India in Dec and came back in Feb and was out of project until April 2008. During this time my relation with my employer gone bad and he threatened to cancel my H1. I transferred my H1 to the new company and is on project and is working with them from May 2008 till now. For the 8 months I worked in 2008 I got a total salary of 50,000 based on annual salary of $75K. This is less than the prevailing wages. Since my W2 is only $50,000 I'm worried about my immigration prospects. My previous employer withdrew my I140 application. I�m in my 6th year and just started my Labor process with the new company.
My current company is ready to help me, but they cannot run any payroll for last year, but can provide bonus for last year to make the total of last year up to $60k. They are a small co. and have never done this before.
How can we include this bonus in my W2 (I haven't filed my taxes so far, the company also hasn't filed their 2008 taxes)
I was working with a company until November 2007. I went to India in Dec and came back in Feb and was out of project until April 2008. During this time my relation with my employer gone bad and he threatened to cancel my H1. I transferred my H1 to the new company and is on project and is working with them from May 2008 till now. For the 8 months I worked in 2008 I got a total salary of 50,000 based on annual salary of $75K. This is less than the prevailing wages. Since my W2 is only $50,000 I'm worried about my immigration prospects. My previous employer withdrew my I140 application. I�m in my 6th year and just started my Labor process with the new company.
My current company is ready to help me, but they cannot run any payroll for last year, but can provide bonus for last year to make the total of last year up to $60k. They are a small co. and have never done this before.
How can we include this bonus in my W2 (I haven't filed my taxes so far, the company also hasn't filed their 2008 taxes)
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karthiknv143
07-09 03:55 PM
Bump >>>>>^^^^
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dealsnet
06-01 08:50 AM
H1B holders cannot able to incorporate a LLC or S corp. They can incorporate a C corp. But cannot able to work for their own corporation. I don't know in H1B can buy a share at 33%.
He can be a sleeping partner. Not able to work or hold any position till he can able to get a H1B from that company, or get a EAD to work after filing AOS.
He can be a sleeping partner. Not able to work or hold any position till he can able to get a H1B from that company, or get a EAD to work after filing AOS.
Dhundhun
06-11 09:10 PM
I E-filed my EAD application and sent the supporting documentation to the location on the confirmation page. To day I see the following notice:
"We attempted to deliver your item at 1:51 PM on June 11, 2008 in MESQUITE, TX 75185 and a notice was left. It can be redelivered or picked up at the Post Office. If the item is unclaimed, it will be returned to the sender. Information, if available, is updated every evening. Please check again later."
Is there something I can do to resolve this?
I sent the application to the following address:
USCIS TEXAS SERVICE CENTER
Atten: E-File I-765 PO BOX: 852401
MESQUITE, TX 75185
How did you sent it? If USPS, PO BOX is supposed to be in their premesis and supposed to be always deliverable.
Is it like Box was FULL? I think, this message is by mistake. BTW, are not we supposed to use full nine digit ZIP 75185-2401
"We attempted to deliver your item at 1:51 PM on June 11, 2008 in MESQUITE, TX 75185 and a notice was left. It can be redelivered or picked up at the Post Office. If the item is unclaimed, it will be returned to the sender. Information, if available, is updated every evening. Please check again later."
Is there something I can do to resolve this?
I sent the application to the following address:
USCIS TEXAS SERVICE CENTER
Atten: E-File I-765 PO BOX: 852401
MESQUITE, TX 75185
How did you sent it? If USPS, PO BOX is supposed to be in their premesis and supposed to be always deliverable.
Is it like Box was FULL? I think, this message is by mistake. BTW, are not we supposed to use full nine digit ZIP 75185-2401
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YesGC_NoGC
10-09 05:15 PM
The only good part is that they are not jerking the dates back and forth. Hopefully this is a sign that dates are not going to retrogress any further.
If they apply quarterly spill over, we should see some movement in December. Lets wait and see......
What else ?
If they apply quarterly spill over, we should see some movement in December. Lets wait and see......
What else ?
2010 Famous Lady – Emma Roberts
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
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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eager_immi
07-12 10:34 AM
Barking dogs seldom bite. He is just another Lou Dobbs Please ignore him. There is no way he can change the right to cictizenship for children born in the USA. It is next to impossible since it is a part of the constitution. It is very difficult to change something that is linked to the constitution. So, ignore this "BARKING DOG."
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thomachan72
05-18 01:49 PM
I read those threads....I appreciate his efforts and patience in doing it...those articles are though provoking..
it is not random fun or irrelevant topics..
Wow, I just tried the "yanks are coming" one. What the heck is that? Did you actually read all of that? I feel ashamed of myself when you say that. Maybe I am too busy or have very little patience. Probably useful articles, however, due to my inability to concentrate for long (I asume) I could not actually make out what that was all about :confused::confused::confused::D:D
it is not random fun or irrelevant topics..
Wow, I just tried the "yanks are coming" one. What the heck is that? Did you actually read all of that? I feel ashamed of myself when you say that. Maybe I am too busy or have very little patience. Probably useful articles, however, due to my inability to concentrate for long (I asume) I could not actually make out what that was all about :confused::confused::confused::D:D
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bbenhill
10-06 05:39 PM
Hi, I just got the H1 extension receipt, did you gave expired I94 when you travel ?
Thx
Thx
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maximus777
04-29 08:22 PM
Health care in India rocks! :cool:
Learn America - we dont need insurance nor do we need to foot outrageous hospital bills:D
Learn America - we dont need insurance nor do we need to foot outrageous hospital bills:D
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mmk123
07-29 01:18 PM
Thanks! It's just a modest attempt to entertain outselves with humor in these hard times.
Actually thanks to these articles and comments on BW and other forums - they are inspiration to write something witty and funny!
- M
Actually thanks to these articles and comments on BW and other forums - they are inspiration to write something witty and funny!
- M
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myimmiv
12-17 02:06 PM
My wife will be coming back in April 2nd week through Denver. CO POE. Her AP is valid until June 3rd week.
My question is that is 2 months of AP validity / cushion enough or safe to enter the US.
Any experiences from forum members about using their AP when there is 2 months or less left in the expiry of the AP document and they entered the US. Did anyone have any bad experience at POE due to near expiry of the AP. Members entered through Denver, CO POE with their experiences would be an added help.
Also, will she get a 1 year I-94 validity from the date of entry or only until her AP expires?
Thanks in advance for all your time.
My question is that is 2 months of AP validity / cushion enough or safe to enter the US.
Any experiences from forum members about using their AP when there is 2 months or less left in the expiry of the AP document and they entered the US. Did anyone have any bad experience at POE due to near expiry of the AP. Members entered through Denver, CO POE with their experiences would be an added help.
Also, will she get a 1 year I-94 validity from the date of entry or only until her AP expires?
Thanks in advance for all your time.
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jambapamba
07-17 06:50 AM
So it means that if I-140 petition is filed on my behalf, if I renew my non-immigrant visa, it would be denied?
Most cases yes, it will be rejected if the non-immigrant visa is not dual intent type unless the consular officer thinks otherwise.
H1 is of dual intent type non immigrant visa.
F1,tourist....are not.
Most cases yes, it will be rejected if the non-immigrant visa is not dual intent type unless the consular officer thinks otherwise.
H1 is of dual intent type non immigrant visa.
F1,tourist....are not.
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anilsal
12-05 12:09 PM
I see some of the posts about lawyers screwing up..well if I go ahead telling my story in detail, of how he messed up my H-1B filing, people would be amazed. His law office on my qualifications specified "Masters of Science in Science" based on which USCIS sent a simple RFE to specify more about my degree in the US, and to which he didnt even file the reply on time and my case was closed by USCIS. He personally informed me a reply has been filed, which never was due to the way they handle work in the office, I presume..It was anyways a mental harrassment as I not only took advice from 5 different lawyers and had to refile an H-1 and get out of the country to get an I-94.
I think the way some of these lawyers are working, we should ask for things as minute as FEDEX or UPS tracking receipts. Just my two cents.
do not name law firms in your posts-- admin.
That is why the online case tracker from USCIS is important. Get the receipt numbers and you can track as to what is happening - RFE, approval, denial etc and they can email when the case status changes.
I think the way some of these lawyers are working, we should ask for things as minute as FEDEX or UPS tracking receipts. Just my two cents.
do not name law firms in your posts-- admin.
That is why the online case tracker from USCIS is important. Get the receipt numbers and you can track as to what is happening - RFE, approval, denial etc and they can email when the case status changes.
more...
makeup Emma-roberts-mobile-wallpaper
TO BE OR NO TO BE
10-21 04:19 PM
I am thinking of switching the company and look for new job. I am not sure how this will work when I am on EAD and not expecting my GC to come soon as my priority date (EB3) is March 2005.
Possibly the new job will not be 100% aligned with the job desc that was put during the LC.
Do any one can help me guide what are my options?
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
Possibly the new job will not be 100% aligned with the job desc that was put during the LC.
Do any one can help me guide what are my options?
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
girlfriend Emma Roberts
ttdam
12-03 01:56 PM
So u are saying if she uses her EAD/ AP then my H1b is no longer valid? BTW she got her h1b visa in the lottery earlier this year.
Hi zoooom
Did your wife been to India and Came back using H4 or AP ? If she returned did she had any problem @ POE ?
Please advise, I m in similar situation
Thanks in advance
Hi zoooom
Did your wife been to India and Came back using H4 or AP ? If she returned did she had any problem @ POE ?
Please advise, I m in similar situation
Thanks in advance
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k_usa
12-01 12:42 PM
Same with me. Mine is also H1 extension with VSC.
My notice date is 10/31/08 and RD is 10/28/08
Hello Everyone,
My employer filed for my H1-B extension and I have already received the Receipt with "Received date" and "Notice Date" of October 21, 2008 and October 24, 2008 respectively." My case is in Vermont Center.
When I do the case search on USCIS.gov site, it says:
"Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance, you can either call the National Customer Service Center at 1.800.375.5283, or you can send an e-mail to uscis.webmaster@dhs.gov."
I found at least one forum member in similar situation. Are there anyone else out there with the similar situation. Just trying to see if this is a unique issue or its happening to few more people. Please drop in a line if you are in a similar situation. We would appreciate it a lot.
Thanks
PS: Worthy to mention the numbers and email listed on the error message leads you no where. I wonder why they even have it there.
My notice date is 10/31/08 and RD is 10/28/08
Hello Everyone,
My employer filed for my H1-B extension and I have already received the Receipt with "Received date" and "Notice Date" of October 21, 2008 and October 24, 2008 respectively." My case is in Vermont Center.
When I do the case search on USCIS.gov site, it says:
"Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance, you can either call the National Customer Service Center at 1.800.375.5283, or you can send an e-mail to uscis.webmaster@dhs.gov."
I found at least one forum member in similar situation. Are there anyone else out there with the similar situation. Just trying to see if this is a unique issue or its happening to few more people. Please drop in a line if you are in a similar situation. We would appreciate it a lot.
Thanks
PS: Worthy to mention the numbers and email listed on the error message leads you no where. I wonder why they even have it there.
summitpointe
04-09 04:09 PM
:)
permfiling
06-22 12:20 PM
Hi GreenCardForUS,
What letter did you send , the current employer for the past employment letter A as I am in a similar boat. I sent you a PM, please take a look and reply
Thanks
What letter did you send , the current employer for the past employment letter A as I am in a similar boat. I sent you a PM, please take a look and reply
Thanks
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