sircaustic
07-24 09:15 AM
???
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anuh1
04-05 01:33 PM
Thanks for the info. I also got mine PWD today. Just now attorney confirmed that.
Eternal_Hope
04-07 10:32 AM
Hi, I am in exactly the same situation. Would just the I-140 receipt number suffice? My employer also hasn't given me any copies of the I-140 and labor certification copies. My I-140 is approved and it's been more than 180 days since I-485 filing..please advise.
I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.
I would like to know the following -
1) Has someone else also faced a similar issue ?
MANY PEOPLE ARE IN A SIMILAR SITUATION.
2) If so , is there a way to get them to send me a copy of th 140 approval notice
NO - EXCEPT IF THEY HAVE A CHANGE OF HEART (GOOD LUCK FINDING LAWYERS WITH HEARTS!)
3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
THAT'S WHAT PEOPLE SAY.
4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?
IT'S GOOD TO HAVE IT AS A REFERENCE, ESPECIALLY IF THERE ARE 'REQUEST FOR EVIDENCE' IN THE FUTURE. IN ANY CASE, AFTER 180 DAYS OF 1-485 FILING, AND IF YOUR 1-140 IS ALREADY APPROVED, EVEN IF YOUR EMPLOYER REVOKES THE 1-140 IT DOESN'T IMPACT YOUR ADJUSTMENT OF STATUS APPLICATION.
AS A SIDENOTE - IN ALL LIKELIHOOD YOUR LAWYERS WOULD HAVE INFORMED YOUR EMPLOYER THAT YOU WERE ASKING FOR I-140 RECEIPT, THEREBY SENDING A SIGNAL TO YOUR EMPLOYER THAT YOU MAY BE JUMPING THE SHIP SOON!
Thanks
ALL THE BEST!
I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.
I would like to know the following -
1) Has someone else also faced a similar issue ?
MANY PEOPLE ARE IN A SIMILAR SITUATION.
2) If so , is there a way to get them to send me a copy of th 140 approval notice
NO - EXCEPT IF THEY HAVE A CHANGE OF HEART (GOOD LUCK FINDING LAWYERS WITH HEARTS!)
3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
THAT'S WHAT PEOPLE SAY.
4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?
IT'S GOOD TO HAVE IT AS A REFERENCE, ESPECIALLY IF THERE ARE 'REQUEST FOR EVIDENCE' IN THE FUTURE. IN ANY CASE, AFTER 180 DAYS OF 1-485 FILING, AND IF YOUR 1-140 IS ALREADY APPROVED, EVEN IF YOUR EMPLOYER REVOKES THE 1-140 IT DOESN'T IMPACT YOUR ADJUSTMENT OF STATUS APPLICATION.
AS A SIDENOTE - IN ALL LIKELIHOOD YOUR LAWYERS WOULD HAVE INFORMED YOUR EMPLOYER THAT YOU WERE ASKING FOR I-140 RECEIPT, THEREBY SENDING A SIGNAL TO YOUR EMPLOYER THAT YOU MAY BE JUMPING THE SHIP SOON!
Thanks
ALL THE BEST!
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chehuan
01-18 10:12 AM
My h1 started in 2009 October which means I have 4 years and 9 months more of h1 left with me
Do you think moving to a new company should be a better idea?
considering the fact that my application would be rejected eventually?
any new company would also take a year to start my application and would mostly take 6 months to get a new job! effectively I would have 3 years of h1 cycle 2 for the new one
should i just wait and see if i get audited and if I do just move to a new place?
What would be my best bet?
-chehuan
Do you think moving to a new company should be a better idea?
considering the fact that my application would be rejected eventually?
any new company would also take a year to start my application and would mostly take 6 months to get a new job! effectively I would have 3 years of h1 cycle 2 for the new one
should i just wait and see if i get audited and if I do just move to a new place?
What would be my best bet?
-chehuan
more...
Desertfox
06-07 06:06 PM
I think its your LC job requirements which governs EB2/EB3. For EB2 classification on your I-140, your job must require 'Masters' or 'Bachelors+5Yrs Experience' on Labor Certification.
iv_newbie_2007
09-17 11:28 AM
Many people here believe that if a person on H4 has an approved H-1B w/ COS from Oct 1, and that person does not really work starting from Oct 1, then he/she falls out-of-status. In our case, my wife is on H4 currently and I am on H-1B, and both of us have AOS/EAD pending.
Now, if she works for 1 month and decides to take a break, and stay home on EAD, is she still out-of-status?
I must be missing something here; because I was under the impression that if a person (derivative, and not primary applicant) has EAD, then it does not matter if he/she works or not. Then how is it that the person can fall out-of-status he/she does not go to work from Oct 1 even though H-1B w/ COS is approved?
Now, if she works for 1 month and decides to take a break, and stay home on EAD, is she still out-of-status?
I must be missing something here; because I was under the impression that if a person (derivative, and not primary applicant) has EAD, then it does not matter if he/she works or not. Then how is it that the person can fall out-of-status he/she does not go to work from Oct 1 even though H-1B w/ COS is approved?
more...
viswanadh73
01-04 01:19 PM
thanks
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ek_akela
09-08 07:56 PM
When was your I-140 applied? I would assume revoking of 140 should be your only concern, since you already applied for 485, you don't need to bother about your status.Also apply fopr EAD based on proof that you applied for 485(Fedex # should be enough)
One thing I am not sure if not getting paid during 485 processing would have any impact on the case? Gurus, pls chip in..
One thing I am not sure if not getting paid during 485 processing would have any impact on the case? Gurus, pls chip in..
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Gravitation
07-17 04:37 PM
http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3269.html
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a_yaja
06-22 10:04 AM
1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st
Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.
SO the question is:
As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?
Please advise.
My understanding is that the COS is from H4 to H1. If you wife uses EAD to work, she will no longer be on H4 status. So, to get to the H1 status, she will leave the country and enter once again on H1. I think that is what desi3939 is also saying.
You should however consult a lawyer and get his/ her opinion. Everthing else is not legal advice and you should not go by our opinions.
Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.
SO the question is:
As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?
Please advise.
My understanding is that the COS is from H4 to H1. If you wife uses EAD to work, she will no longer be on H4 status. So, to get to the H1 status, she will leave the country and enter once again on H1. I think that is what desi3939 is also saying.
You should however consult a lawyer and get his/ her opinion. Everthing else is not legal advice and you should not go by our opinions.
more...
gmb
02-02 01:17 AM
2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.
This is not an issue in your case. It's okay to travel out while your AP application is pending as long as you have a valid current AP. I did this last year after my lawyer confirmed this to me. I also remember seeing a USCIS memo to this effect.
This is not an issue in your case. It's okay to travel out while your AP application is pending as long as you have a valid current AP. I did this last year after my lawyer confirmed this to me. I also remember seeing a USCIS memo to this effect.
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dixie
11-07 02:09 PM
If you have maintained status all along, you have nothing to fear.Since you have an approved H1, you are free to stop taking classes now. However, when you go for visa stamping be prepared with all the documents to show that you have maintained status. You will surely have a few tough questions to answer so be prepared to convince the visa officer of your continued legal status.Also, avoid going to a consulate in a third country like Mexico or Canada. In my opinion, for non-standard cases like yours its safer to get it done in your home country.
My H1 is approved on Oct 23, 2006. I was on F1. Before my OPT grace period expired on July 20, 2006, I enrolled in a school with new I-20 on July 5th, 2006. I have been taking one class every month for last three months to maintain full time status. If I stop taking classes now, would it be a some kind of problem when I go for visa stamping?
My H1 is approved on Oct 23, 2006. I was on F1. Before my OPT grace period expired on July 20, 2006, I enrolled in a school with new I-20 on July 5th, 2006. I have been taking one class every month for last three months to maintain full time status. If I stop taking classes now, would it be a some kind of problem when I go for visa stamping?
more...
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shana04
05-15 08:41 PM
Friends,
I am EB2 with Jan 2005 Priority date, I have used AC21 and send documents before through attorney.
For my self
1. Now I got RFE on current employement and offer of proposed employment (description of position) and offered salary
2. Current address proof
For my Spouse
1. Missing G325-A need to submit one (but I did send them initially)
2. Evidence that you maintained non immigrant status
Please let me know if there is any attorney who is good and affordable
Thanks in advance
Shana
I am EB2 with Jan 2005 Priority date, I have used AC21 and send documents before through attorney.
For my self
1. Now I got RFE on current employement and offer of proposed employment (description of position) and offered salary
2. Current address proof
For my Spouse
1. Missing G325-A need to submit one (but I did send them initially)
2. Evidence that you maintained non immigrant status
Please let me know if there is any attorney who is good and affordable
Thanks in advance
Shana
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gc@waiting
07-25 06:17 AM
Can someone shed some light as to what exactly are the things checked and the steps in 140 processing? Is it one's education credentials or employer history and/or ability to employ/pay etc?
more...
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WeShallOvercome
08-03 12:12 PM
So my status doesnt change until my I 485 is approved- any idea how long that will take? My H 1B expires in Nov of 2007 should I get an extension? Thank you for your replies- Lisa
After you file your I-485, your status changes to 'Adjustment of status' or 'Adjustee'.
On this status you have 2 options to be able to work:
1) Use EAD, in that case you lose your H1-B status and if your I-485 is denied for any reason, you fall out of status immediately.
Please note that if you use EAD, you HAVE TO use AP for travel.
2) Continue using and extending your H1-B until your I-485 is approved and your status is adjusted to 'Permanent resident'.
You can switch from H1-B to EAD anytime, but there are limitations on whether you can easily switch back from EAD to H1-B.
Good luck
After you file your I-485, your status changes to 'Adjustment of status' or 'Adjustee'.
On this status you have 2 options to be able to work:
1) Use EAD, in that case you lose your H1-B status and if your I-485 is denied for any reason, you fall out of status immediately.
Please note that if you use EAD, you HAVE TO use AP for travel.
2) Continue using and extending your H1-B until your I-485 is approved and your status is adjusted to 'Permanent resident'.
You can switch from H1-B to EAD anytime, but there are limitations on whether you can easily switch back from EAD to H1-B.
Good luck
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pappu
12-12 12:26 PM
Prashanthi was there on chat for 30 min and as no one turned up to ask questions she left. She will be available for chat every Thursday at 9.30 PM EST.
You may want to remind people in the day about the chat. Once it happens regularly, people will remember.
You may want to remind people in the day about the chat. Once it happens regularly, people will remember.
more...
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getrdone
11-12 05:05 PM
Can you please tell me, when was this announced? Is this a new rule ?
I think people converting from F1 to H1 go to mexico.
yes its new rule..dont know when it came to effect
I think people converting from F1 to H1 go to mexico.
yes its new rule..dont know when it came to effect
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VivekAhuja
08-21 06:28 PM
You can work as many hours as you like when on H1B. The only requirement is that you work for the SAME EMPLOYER that sponsored your H1B.
Letter for parents to come if required only when getting visa at the consulate (addresses to Consular Gen.). Nothing is needed at Port Of Entry. They are Immigration Officers at POE, but the only questions they will ask is where will they stay? What is your name? where you work? etc. Simple Qs.
Letter for parents to come if required only when getting visa at the consulate (addresses to Consular Gen.). Nothing is needed at Port Of Entry. They are Immigration Officers at POE, but the only questions they will ask is where will they stay? What is your name? where you work? etc. Simple Qs.
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WaitingForMyGC
01-30 03:18 PM
How reliable is this Tracker(or any) data? I don't think all the registered people who gets their GC would come back and change the status of their application to 'Approved' in the Tracker. Though its better than nothing but still data is too vague to derive any real conclusion.
freedom1
01-19 04:19 PM
Hi to all,
This morning I received the e-mail message below.
Does this means that an approval letter has been sent to me?
Has anyone received such an e-mail?
Thanks,
Freedom1.
-----------------------------------------------------------
Application Type: I485, APPLICATION FOR STATUS AS A PERMANENT RESIDENT
Current Status: Document OTHER THAN CARD manufactured and mailed.
On January 19, 2007, we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
This morning I received the e-mail message below.
Does this means that an approval letter has been sent to me?
Has anyone received such an e-mail?
Thanks,
Freedom1.
-----------------------------------------------------------
Application Type: I485, APPLICATION FOR STATUS AS A PERMANENT RESIDENT
Current Status: Document OTHER THAN CARD manufactured and mailed.
On January 19, 2007, we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
arnab221
05-22 05:01 PM
Yeah !! now they have a new argument to restore the multimillion dollar tax payer funded bonuses .These companies are not even ashamed that they are running on money from the American tax payers without which many would have had to sell their buildings now .
These super brains used their intellect for all the wrong reasons when they created the famous Collateral Debt Obligations ( CDO ) that even Alan Greenspan said he could not understand . These guys then loaned money all over the globe , without taking into account any risk factors . With little Government oversight in the US financial industry these people were ultimately responsible for the well being of world financial health .A little caution and responsible behavior from these people would have saved us from the catastrophical global recession that we are now . But nooo , they loaned money as if there was no tomorrow and got millions in bonuses for selling loans and securities to unsuspecting investors and the whole world is now bearing the brunt of their greed with more than half a million layoffs every month in US alone.
These people are ultimately responsible for the mess which the whole world is in and now their CEO's are saying that they need to retained with bonuses or we will see a Brain Drain .
If terror is the name of causing havoc and utter chaos which causes people to suffer in any area then the only name that I can think of calling these people is "Financial Terrorists" .
These super brains used their intellect for all the wrong reasons when they created the famous Collateral Debt Obligations ( CDO ) that even Alan Greenspan said he could not understand . These guys then loaned money all over the globe , without taking into account any risk factors . With little Government oversight in the US financial industry these people were ultimately responsible for the well being of world financial health .A little caution and responsible behavior from these people would have saved us from the catastrophical global recession that we are now . But nooo , they loaned money as if there was no tomorrow and got millions in bonuses for selling loans and securities to unsuspecting investors and the whole world is now bearing the brunt of their greed with more than half a million layoffs every month in US alone.
These people are ultimately responsible for the mess which the whole world is in and now their CEO's are saying that they need to retained with bonuses or we will see a Brain Drain .
If terror is the name of causing havoc and utter chaos which causes people to suffer in any area then the only name that I can think of calling these people is "Financial Terrorists" .
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