logiclife
12-28 02:38 PM
Does this mean that you cannot have 6-9 years extension of H1B for the new employer and you must use the EAD after six years if you are changing jobs?
No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.
AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.
You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.
H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.
H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.
No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.
AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.
You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.
H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.
H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.
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hopefulgc
06-02 09:23 AM
Most status related issues are wiped off after a travel outside US.
What I would worry about most is if any misrepresentation was made to USCIS as far as status goes. Years later or even during naturalization, one's could face audit and possible revocation of an approved application.
I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on USCIS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
What I would worry about most is if any misrepresentation was made to USCIS as far as status goes. Years later or even during naturalization, one's could face audit and possible revocation of an approved application.
I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on USCIS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
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permfiling
11-02 09:11 PM
Papu,
The law seems to have changes due to AC21, I don't think we can get any actual data of any one who got his GC after AC21 and has already converted to citizenship.
It would be really great if IV can contact USCIS and get an official guideline on this topic.
Thanks.
There are ppl who moved 2 or 3 months after getting GC and have got their USC
AC21 N400 Cases - 2010 (http://forums.immigration.com/showthread.php?309220-AC21-N400-Cases-2010)
The law seems to have changes due to AC21, I don't think we can get any actual data of any one who got his GC after AC21 and has already converted to citizenship.
It would be really great if IV can contact USCIS and get an official guideline on this topic.
Thanks.
There are ppl who moved 2 or 3 months after getting GC and have got their USC
AC21 N400 Cases - 2010 (http://forums.immigration.com/showthread.php?309220-AC21-N400-Cases-2010)
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chanduv23
03-11 02:44 PM
Read this http://timesofindia.indiatimes.com/Business/New-H1-B-visa-norms-to-isolate-India/articleshow/4251475.cms
It is not so easy to convince Sen Grassley.
It is not so easy to convince Sen Grassley.
more...
nogreen4decade
07-16 07:20 PM
1. Doesn't matter who it is citizen or not - you have to show legal status. If you read the law carefully, you will be put in a holding prision and given a change to prove legal status (contact family tobring your passport), etc. This is not a traffic stop - a decision will not be made on the stop. That's why there are strict rules stating who can be asked.
2. By law you have to carry identification. Does this mean as a citizen or non-immigrant visa holder, you have to roam with all your docs? No! This is why we fought so hard to make sure US-states give driver's licenses?ID cards to people here legally ONLY. So, you just carry your DL.
3. Item 1 above applies here.
Do you think the people who wrote this Bill did not think of all this? You have to be pretty naive to think that only you thought of these senarios. There is no racist movement behind it.
You apparently dont know ammendments.... Read 4th ammendment... No reason to waste my time replying you
2. By law you have to carry identification. Does this mean as a citizen or non-immigrant visa holder, you have to roam with all your docs? No! This is why we fought so hard to make sure US-states give driver's licenses?ID cards to people here legally ONLY. So, you just carry your DL.
3. Item 1 above applies here.
Do you think the people who wrote this Bill did not think of all this? You have to be pretty naive to think that only you thought of these senarios. There is no racist movement behind it.
You apparently dont know ammendments.... Read 4th ammendment... No reason to waste my time replying you
jonty_11
05-22 03:03 PM
All this while we legal folks have been renewing our H1B's with overlapping time intervals so taht there is no Gaps....now that sounds like a stupid thing to have done....
we should have left gaps in our H1 Transfers ...just so we could be illegal
we should have left gaps in our H1 Transfers ...just so we could be illegal
more...
eilsoe
02-05 01:58 PM
WOHOO!!!!! :P:P:P
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ck_b2001
08-23 03:46 PM
It is an irony that most people here who raised valid concerns have "red" reputation. I sort of agree that we should have posting guideline and if some body is contributing it does not give them right to bash others. All this extra push, inappropriate language and finger pointing is hurting IV in the long run. One reason of IV's popularity is xxxxx members (80 % free riders even if). I agree that this forum is also to discuss your immigration issues.
Here is what i suggest for moderators, IV Core, Administrators to enforce;
1) Guideline for posting messages, use of language on this forum
2) No personal attack in replies
3) Contribution messages restricted to moderators, administrators only
No body argues that IV is working for a great cause and i fully support IV and wish best of luck in its endeavors. I joined a month+ ago and may be with time i will be more convinced to fully participte in IV's agenda.
Here is what i suggest for moderators, IV Core, Administrators to enforce;
1) Guideline for posting messages, use of language on this forum
2) No personal attack in replies
3) Contribution messages restricted to moderators, administrators only
No body argues that IV is working for a great cause and i fully support IV and wish best of luck in its endeavors. I joined a month+ ago and may be with time i will be more convinced to fully participte in IV's agenda.
more...
sargon
08-24 03:25 PM
You have written..
....I have e-filed for Travel Authorization Document (I-131) receipt number XXXXXXXXXXX....
How would we know the receipt number of I-131 petition before filing it? Chicken and egg problem? Or am I missing something?
Date
To,
The Immigration Officer,
USCIS,
(processing center address)
Re: Application for Travel Document.
Dear Sir/Madam,
This is (YourName), I have e-filed for Travel Authorization Document (I-131) receipt number XXXXXXXXXXX. I need travel document to travel to India in the month/year to attend marriage/or some story.
I am eligible for travel document based on pending 485/AOS receipt number xxxxxxxxxxxxx.
Attached are the supporting documents. Please feel free to contact me if you need any additional information.
Documents Attached:
I-765 Receipt Notice
Passport copy
I-94 copy
I-485 - Receipt Notice
Previous Travel Document copy
Drivers License copy
Thanks,
Name
Address
Phone
Email
I- 485 Receipt Number XXXXXXXXXXX
....I have e-filed for Travel Authorization Document (I-131) receipt number XXXXXXXXXXX....
How would we know the receipt number of I-131 petition before filing it? Chicken and egg problem? Or am I missing something?
Date
To,
The Immigration Officer,
USCIS,
(processing center address)
Re: Application for Travel Document.
Dear Sir/Madam,
This is (YourName), I have e-filed for Travel Authorization Document (I-131) receipt number XXXXXXXXXXX. I need travel document to travel to India in the month/year to attend marriage/or some story.
I am eligible for travel document based on pending 485/AOS receipt number xxxxxxxxxxxxx.
Attached are the supporting documents. Please feel free to contact me if you need any additional information.
Documents Attached:
I-765 Receipt Notice
Passport copy
I-94 copy
I-485 - Receipt Notice
Previous Travel Document copy
Drivers License copy
Thanks,
Name
Address
Phone
I- 485 Receipt Number XXXXXXXXXXX
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knacath
09-04 05:19 PM
Found out from the Senator's office that my case has been approved. Attorney was able to call and confirm. No change in online status though.
E-filed on May 5th
E-filed on May 5th
more...
rajuseattle
08-22 11:48 AM
guys,
OH Law firm did post the reliable and credible information from Chaerlie Openheim (VB in charge from state Dept) and his predictions for Oct 2007 VB are similar to the January 2007 VB.
Nothing new about this, lot of websites already published this information.
OH Law firm did post the reliable and credible information from Chaerlie Openheim (VB in charge from state Dept) and his predictions for Oct 2007 VB are similar to the January 2007 VB.
Nothing new about this, lot of websites already published this information.
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pappu
11-25 11:32 AM
Immigrationvoice team has been working on the publicly available USCIS data since its release on USCIS website and we have been discussing this data with top USCIS officials to clear doubts.
Immigration Voice is releasing the analysis of the information for the community. You can view the report at
http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36
We are putting together a list of recommendations about this data for our next meeting with USCIS. If you have suggestions, do post on the thread. We would also be updating this report on regular basis as the data is updated on USCIS site and numbers change due to approvals/pre-adjudications/field office data/ CP and spillovers. The visa bulletin movement will also be compared against the report and checked with USCIS and DOS.
Team IV
Note: Please read the entire document rather than just basing your judgment on the graph and the visa bulletin charts. There are several caveats and limitations of this data.
We feel this is a one step ahead of the IV prediction tool published by IV in the past. We will continue to refine the analysis as we receive information from DOS and USCIS through our advocacy efforts.
Immigration Voice is releasing the analysis of the information for the community. You can view the report at
http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36
We are putting together a list of recommendations about this data for our next meeting with USCIS. If you have suggestions, do post on the thread. We would also be updating this report on regular basis as the data is updated on USCIS site and numbers change due to approvals/pre-adjudications/field office data/ CP and spillovers. The visa bulletin movement will also be compared against the report and checked with USCIS and DOS.
Team IV
Note: Please read the entire document rather than just basing your judgment on the graph and the visa bulletin charts. There are several caveats and limitations of this data.
We feel this is a one step ahead of the IV prediction tool published by IV in the past. We will continue to refine the analysis as we receive information from DOS and USCIS through our advocacy efforts.
more...
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gc_check
05-11 01:27 PM
Obama getting ready for 2012 Campaign !!!
(http://www.barackobama.com/get-involved)
(http://www.barackobama.com/get-involved)
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crzyBanker
11-26 04:17 PM
Good job IV. This article from IV really should give ideas to DOS and USCIS the way to approach going forward using the data available. Good data mining and analysis by IV.
more...
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amsgc
07-25 11:44 PM
I like the way you think.
I hate to say it but this is starting to sound very much like an Alcoholics anonymous support group session. LOL.
Let me jump right in!
Get a grip guys. Life is not so bad. What you guys are worrying about is relatively trivial. The odds are heavily stacked in your favor for you to get the green card eventually, most likely within 2 yrs. I can't fathom another 2 plus years with no legislative relief. In the mean time as long as you stick to AC21 rules, you should have the courage to move jobs. Heck, with EAD, you could even move into something part time and try it out before finally deciding to commit etc. My point is you have tremendous flexibility, enjoy that.
In the small chance things do not work out, then you have presumably had an opportunity to save enough to purchase a decent home in India(or wherever your home country may be), a car and your line of work(I'm referring to the predominantly IT folks here) is in such international demand that you will be able to earn a livable wage anywhere, including India.
And here is the real shocker to many of you. There are millions of Americans(probably well over half) who will trade their position in life with you in a heart beat given the privilege, family and social support system, education, world view and demand you are in. Sometimes it is hard to see how blessed you actually are in this world. That is why I have taken a very grim view of people who have compared their issue to slavery etc. That only speaks to their unawareness of that practice.
Now I know none of this is going to get you your green card tomorrow and improve your mistreatment in this needlessly ridiculous and tortuous green card journey. However I am hoping it atleast gives you some perspective.
I hate to say it but this is starting to sound very much like an Alcoholics anonymous support group session. LOL.
Let me jump right in!
Get a grip guys. Life is not so bad. What you guys are worrying about is relatively trivial. The odds are heavily stacked in your favor for you to get the green card eventually, most likely within 2 yrs. I can't fathom another 2 plus years with no legislative relief. In the mean time as long as you stick to AC21 rules, you should have the courage to move jobs. Heck, with EAD, you could even move into something part time and try it out before finally deciding to commit etc. My point is you have tremendous flexibility, enjoy that.
In the small chance things do not work out, then you have presumably had an opportunity to save enough to purchase a decent home in India(or wherever your home country may be), a car and your line of work(I'm referring to the predominantly IT folks here) is in such international demand that you will be able to earn a livable wage anywhere, including India.
And here is the real shocker to many of you. There are millions of Americans(probably well over half) who will trade their position in life with you in a heart beat given the privilege, family and social support system, education, world view and demand you are in. Sometimes it is hard to see how blessed you actually are in this world. That is why I have taken a very grim view of people who have compared their issue to slavery etc. That only speaks to their unawareness of that practice.
Now I know none of this is going to get you your green card tomorrow and improve your mistreatment in this needlessly ridiculous and tortuous green card journey. However I am hoping it atleast gives you some perspective.
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prem_goel
05-29 09:44 PM
Guys, along with the vote, it'll help if you post some comments too! You may have to register but its a 2 min process. I am hoping this gets seen by the people in .org.
more...
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Lasantha
08-22 10:43 AM
Why not GC_sufferer do it for us
I don't think he can.
I don't think he can.
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ssss
11-19 02:23 PM
I filed I-140/1-485 concurrently July 4th. Got my EAD and AP. I-140/1-485 still pending. Is it true that you get FP notice only when your I-140 is approved?
I know lot of people who got FP notices for concurrently filed I-485
I know lot of people who got FP notices for concurrently filed I-485
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NNReddy
09-19 08:11 PM
My wife's case is moving back to TSC again from CSC. But I don't see anything on EAD and AP cases. May be they will be processed at CSC.
mmj
04-22 10:34 AM
Thanks hiralal for keeping this thread going - Whats up people - This is the simplest thing that you can do for yourself.
bump up the thread ...or if you are a homeowner ..say that visa delays may cause your house to be foreclosed ..and this will add one more house in the huge inventory. either way faster legal immigration helps US in many ways
bump up the thread ...or if you are a homeowner ..say that visa delays may cause your house to be foreclosed ..and this will add one more house in the huge inventory. either way faster legal immigration helps US in many ways
neoklaus
10-26 09:06 PM
on Oct 23 mine and daughters GC were approved.
But not for wife. do i need to file service request for her or something?
Many Thanks to IV!
But not for wife. do i need to file service request for her or something?
Many Thanks to IV!
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