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fromnaija
10-26 11:35 AM
EAD is specifically authorization to work in the US. So in your situation, the answer is NO, you cannot use EAD for employment outside the USA. To work in another country and keep your green card process going, you will have to change your application from AOS to consular processing.
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desitechie
01-11 02:11 PM
Hi,
Thanks for this service.
I had applied for my I-485 in the July 2007 fiasco and i have my EAD and AP renewed every 2 /1 years. My I-140 is approved in Mar 2008.
Now i got a full time opportunity with a company and i want to know which option is best for me. I have my H1 visa valid till 2011 November and i am now in 5th year of my H1.
Shall i use H1 transfer to move to new company which offered me full time job or use EAD?
Which is safer for me? And do i need to apply AC21 or is it optional? Most of my friends are saying to not to apply for AC21.
If i use EAD and if my I-485 has any issues, what will be my status?
Thanks for your help.
If the new company is willing to do H1 transfer, you can opt for this option. If not, EAD is not a bad option. People say being on H1 is better than EAD, in case 485 is denied in future.
AC21 again is subject to different opinions. I know people who got GC's doing and not doing AC21.
I would suggest you go by the new company lawyer's opinion if he/she belongs to a reputable firm.
I personally used H1 transfer and AC21.
Thanks for this service.
I had applied for my I-485 in the July 2007 fiasco and i have my EAD and AP renewed every 2 /1 years. My I-140 is approved in Mar 2008.
Now i got a full time opportunity with a company and i want to know which option is best for me. I have my H1 visa valid till 2011 November and i am now in 5th year of my H1.
Shall i use H1 transfer to move to new company which offered me full time job or use EAD?
Which is safer for me? And do i need to apply AC21 or is it optional? Most of my friends are saying to not to apply for AC21.
If i use EAD and if my I-485 has any issues, what will be my status?
Thanks for your help.
If the new company is willing to do H1 transfer, you can opt for this option. If not, EAD is not a bad option. People say being on H1 is better than EAD, in case 485 is denied in future.
AC21 again is subject to different opinions. I know people who got GC's doing and not doing AC21.
I would suggest you go by the new company lawyer's opinion if he/she belongs to a reputable firm.
I personally used H1 transfer and AC21.
dwhuser
06-15 08:40 PM
This is my openion.
POE IO might ask for the EVL letter from the sponsoring employer to check the integrity of the case, though not very common.
What is a EVL letter ?
POE IO might ask for the EVL letter from the sponsoring employer to check the integrity of the case, though not very common.
What is a EVL letter ?
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Berkeleybee
06-03 07:44 PM
Good job Pratik. we should grab every opportunity we get to voice our opinion even though this TV interview was mostly on H1B visa cap and increasing the cap. Only 10 seconds or so were given to the lengthy green card process. Increasing H1B quota is not a solution for us. It would infact increase our wait times and backlog of applications. it is in the interest of Hi-tech companies to have the h1b visa quota increased so that they can get more skilled workers. However they know that once they have an H1B worker, they will have that worker for many years due to retrogression. Thus retrogression is not a BIG news story. We need to highlight the greencard quota issue and not confuse it with the H1B quota issue. I feel these are 2 different things. After watching the SJC and Senate proceedings I feel Retrogression and greencard quota issue needs more awareness and education amongst lawmakers so that it is not confused with H1B visa quota.
Pappu,
Not sure how Priya David fell through the cracks but the very first thing we do when we talk to reporters is hammer away and draw a distinction between H1-B and EB workers. It is part of our media mantra. In fact this comes across so strongly that the WaPo reporter even called me back to say "see I didn't mess that up!" Unfortunately, TV stations do tend to splice together a bunch of stuff just to get a story out.
We just have to keep hammering away.
best,
Berkeleybee
Pappu,
Not sure how Priya David fell through the cracks but the very first thing we do when we talk to reporters is hammer away and draw a distinction between H1-B and EB workers. It is part of our media mantra. In fact this comes across so strongly that the WaPo reporter even called me back to say "see I didn't mess that up!" Unfortunately, TV stations do tend to splice together a bunch of stuff just to get a story out.
We just have to keep hammering away.
best,
Berkeleybee
more...
gcdeena
04-29 06:36 PM
Obama takes immigration reform off agenda
Obama takes immigration reform off agenda - Yahoo! News (http://news.yahoo.com/s/ap/20100429/ap_on_go_pr_wh/us_immigration_politics_3)
BUMMER :-(
WASHINGTON � Immigration reform has become the first of President Barack Obama's major priorities dropped from the agenda of an election-year Congress facing voter disillusionment. Sounding the death knell was Obama himself.
The president noted that lawmakers may lack the "appetite" to take on immigration while many of them are up for re-election and while another big legislative issue � climate change � is already on their plate.
"I don't want us to do something just for the sake of politics that doesn't solve the problem," Obama told reporters Wednesday night aboard Air Force One.
Immigration reform was an issue Obama promised Latino groups that he would take up in his first year in office. But several hard realities � a tanked economy, a crowded agenda, election-year politics and lack of political will � led to so much foot-dragging in Congress that, ultimately, Obama decided to set the issue aside.
With that move, the president calculated that an immigration bill would not prove as costly to his party two years from now, when he seeks re-election, than it would today, even though some immigration reformers warned that a delay could so discourage Democratic-leaning Latino voters that they would stay home from the polls in November.
Some Democrats thought pushing a bill through now might help their party. If it failed, they could blame Republican resistance, though in reality many Democrats didn't want to deal with an immigration bill this year either.
Perhaps seeing the handwriting on the wall, top Senate Democrats released a legislative framework for immigration reforms anyway. The draft proposal, obtained by The Associated Press on Tuesday, called for, among other things, meeting border security benchmarks before anyone in the country illegally can become a legal permanent U.S. resident.
By Wednesday, House Speaker Nancy Pelosi offered little hope that the issue was still alive on Capitol Hill.
"If there is going to be any movement in this regard, it will require presidential leadership, as well as an appetite, is that the word? ... as well as a willingness to move forward in the Congress," she said.
House Republican leader John Boehner was more blunt. "There is not a chance that immigration is going to move through the Congress," he said Tuesday.
Rep. Luis Gutierrez, the Democrats' leading advocate for immigration reform, has said he voted for health care reform on the understanding that Obama and congressional Democrats would move a major immigration bill.
Even though he would like to see Latinos turn out to vote for Democrats in 2010, Gutierrez said "many will probably decide to stay home." However, he added, a strict, new immigration law in Arizona may change that dynamic. The law requires law enforcement officers to question anyone they suspect is in the country illegally.
"On one hand you are not going to vote because you don't believe people you voted for are doing a good enough job," Gutierrez said. "Then you say, 'I got to vote, because the enemy is so mean and vindictive, I got to get out there.'"
Obama takes immigration reform off agenda - Yahoo! News (http://news.yahoo.com/s/ap/20100429/ap_on_go_pr_wh/us_immigration_politics_3)
BUMMER :-(
WASHINGTON � Immigration reform has become the first of President Barack Obama's major priorities dropped from the agenda of an election-year Congress facing voter disillusionment. Sounding the death knell was Obama himself.
The president noted that lawmakers may lack the "appetite" to take on immigration while many of them are up for re-election and while another big legislative issue � climate change � is already on their plate.
"I don't want us to do something just for the sake of politics that doesn't solve the problem," Obama told reporters Wednesday night aboard Air Force One.
Immigration reform was an issue Obama promised Latino groups that he would take up in his first year in office. But several hard realities � a tanked economy, a crowded agenda, election-year politics and lack of political will � led to so much foot-dragging in Congress that, ultimately, Obama decided to set the issue aside.
With that move, the president calculated that an immigration bill would not prove as costly to his party two years from now, when he seeks re-election, than it would today, even though some immigration reformers warned that a delay could so discourage Democratic-leaning Latino voters that they would stay home from the polls in November.
Some Democrats thought pushing a bill through now might help their party. If it failed, they could blame Republican resistance, though in reality many Democrats didn't want to deal with an immigration bill this year either.
Perhaps seeing the handwriting on the wall, top Senate Democrats released a legislative framework for immigration reforms anyway. The draft proposal, obtained by The Associated Press on Tuesday, called for, among other things, meeting border security benchmarks before anyone in the country illegally can become a legal permanent U.S. resident.
By Wednesday, House Speaker Nancy Pelosi offered little hope that the issue was still alive on Capitol Hill.
"If there is going to be any movement in this regard, it will require presidential leadership, as well as an appetite, is that the word? ... as well as a willingness to move forward in the Congress," she said.
House Republican leader John Boehner was more blunt. "There is not a chance that immigration is going to move through the Congress," he said Tuesday.
Rep. Luis Gutierrez, the Democrats' leading advocate for immigration reform, has said he voted for health care reform on the understanding that Obama and congressional Democrats would move a major immigration bill.
Even though he would like to see Latinos turn out to vote for Democrats in 2010, Gutierrez said "many will probably decide to stay home." However, he added, a strict, new immigration law in Arizona may change that dynamic. The law requires law enforcement officers to question anyone they suspect is in the country illegally.
"On one hand you are not going to vote because you don't believe people you voted for are doing a good enough job," Gutierrez said. "Then you say, 'I got to vote, because the enemy is so mean and vindictive, I got to get out there.'"
485Mbe4001
04-30 12:28 PM
... does it imply that you can work abroad while your work GC is being processed... speculation, no doubt:rolleyes:
According to the WSJ Article today (4/30/07):
Eight (years) refers to the number of years designated to clear the backlog of pending applications for permanent residency documents, or "green cards," from persons abroad or living here with a legal work visa. ... the application backlog would be confined to people who applied before May 2005, when major immigration legislation was introduced in the Senate in the last Congress
http://immigrationvoice.org/forum/showthread.php?t=3900&page=49
:confused:
I am on EB3 RW with PD of Feb 06. Does this mean even after CIR + SKIL passes and gets enacted, causing PDs to move forward significantly or become current in some categories and allowing us to file 485 & EAD... we have to wait 8 more years in preadjucation/ FBI name check delays/ Service Center Application backlogs (current NSC backlogged to Sept 06 for EB based 485)?
I am really freaked out. Can someone please shed some light on this.
(I posted this in another forum, but it seems that was shutdown. It's also on News Articles thread - but since that's for news only I wasn't sure if my question would get answered there, so re-posting it. Admin(s), if you must delete this, atleast send me a PM with answer to me question if you know it. Thanks.)
According to the WSJ Article today (4/30/07):
Eight (years) refers to the number of years designated to clear the backlog of pending applications for permanent residency documents, or "green cards," from persons abroad or living here with a legal work visa. ... the application backlog would be confined to people who applied before May 2005, when major immigration legislation was introduced in the Senate in the last Congress
http://immigrationvoice.org/forum/showthread.php?t=3900&page=49
:confused:
I am on EB3 RW with PD of Feb 06. Does this mean even after CIR + SKIL passes and gets enacted, causing PDs to move forward significantly or become current in some categories and allowing us to file 485 & EAD... we have to wait 8 more years in preadjucation/ FBI name check delays/ Service Center Application backlogs (current NSC backlogged to Sept 06 for EB based 485)?
I am really freaked out. Can someone please shed some light on this.
(I posted this in another forum, but it seems that was shutdown. It's also on News Articles thread - but since that's for news only I wasn't sure if my question would get answered there, so re-posting it. Admin(s), if you must delete this, atleast send me a PM with answer to me question if you know it. Thanks.)
more...
kmkanth
08-06 07:08 PM
LUD on I-140 on July.13.08
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JunRN
12-18 02:49 PM
Chumki, although it is not required by law, there is a risk of not filing a memo. That is why I am saying it's your decision. Are you taking the risk or not?
You don't "have to", right! But are you willing to take the risk?
In your case, there is no problem even if you join the new company BEFORE 180 days as long as your I-140 is not revoked or should there be an RFE for I-140, the original petitioner will respond to it even though you resigned already.
USCIS does not care if you join the new company before or after 180 days. AC21 rule said that the I-485 is pending for more than 180 days. As long as your I-485 is pending for more than 180 days, it doesn't matter if you worked or not for the original petitioner, you can invoke AC21. USCIS will also not look if you're working for the new employer. ALL USCIS need is an employment offer which is similar to the original LC. "Offer" means you have work AFTER getting the GC.
You don't "have to", right! But are you willing to take the risk?
In your case, there is no problem even if you join the new company BEFORE 180 days as long as your I-140 is not revoked or should there be an RFE for I-140, the original petitioner will respond to it even though you resigned already.
USCIS does not care if you join the new company before or after 180 days. AC21 rule said that the I-485 is pending for more than 180 days. As long as your I-485 is pending for more than 180 days, it doesn't matter if you worked or not for the original petitioner, you can invoke AC21. USCIS will also not look if you're working for the new employer. ALL USCIS need is an employment offer which is similar to the original LC. "Offer" means you have work AFTER getting the GC.
more...
komaragiri
08-09 11:22 AM
Anybody with July 19th receipt date got their Check encashed? How about Receipt Notice? EB-3 India.
I am worried about checks not being cashed yet. After Aug 17th the window is closed.
You can expect receipts by Aug 24th or during last week of Aug(Based on current trend at NSC)
I am worried about checks not being cashed yet. After Aug 17th the window is closed.
You can expect receipts by Aug 24th or during last week of Aug(Based on current trend at NSC)
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singhsa3
08-20 09:10 PM
What if I say that you will be approved in next 15 days!
Include me
EB2 - I
I-140 Approved
PD: Oct 2005
RD: 2 JUL 2007
ND: 8 Sep 2007
Include me
EB2 - I
I-140 Approved
PD: Oct 2005
RD: 2 JUL 2007
ND: 8 Sep 2007
more...
needhelp!
11-12 03:47 PM
for the member who helps us complete our first century..
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darslee
07-17 07:29 PM
And I second that...it couldn't have been easy to backtrack with grace...:)
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ThinkTwice
07-20 12:59 AM
Did you know that Aman Kapoor the founder of IV has contributed $64000 of his personal money towards the efforts of IV? Yes that is correct Sixty Four Thousand USD. http://www.businessweek.com/bwdaily/...eek+exclusives
I was dumbfounded when I first found this out. The man must have real conviction and courage and belief in himself and this effort to do such a selfless act and I am not even talking about the hours and hours of time, mental energy, physical stress and emotional capital he must have invested into OUR effort and I am not talking about all that because that is immeasurable and there is not much we can do to repay all that back but there is something we can do.
Please take out your wallet and repay IV core members who have contributed selflessly to OUR cause.
Every one of us has benefited in some way or the other because of our association to IV and who do we have to thank but the core team who have put so much on the line for OUR cause.
Please join in this effort to reimburse the expenses incurred by IV core to fight for OUR cause. Join http://immigrationvoice.org/forum/showthread.php?t=10708
I was dumbfounded when I first found this out. The man must have real conviction and courage and belief in himself and this effort to do such a selfless act and I am not even talking about the hours and hours of time, mental energy, physical stress and emotional capital he must have invested into OUR effort and I am not talking about all that because that is immeasurable and there is not much we can do to repay all that back but there is something we can do.
Please take out your wallet and repay IV core members who have contributed selflessly to OUR cause.
Every one of us has benefited in some way or the other because of our association to IV and who do we have to thank but the core team who have put so much on the line for OUR cause.
Please join in this effort to reimburse the expenses incurred by IV core to fight for OUR cause. Join http://immigrationvoice.org/forum/showthread.php?t=10708
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axp817
06-15 05:00 PM
If your husband is working for one of the infamous desi outfits where bench means no salary, then I'd suggest that you avoid travelling since you may be asked to produce a paystub on return.
OTOH, if your husband is working for a legitimate consulting company that pays him even when he is not billable to a client, then you have nothing to fear about.
huh? I thought being employed at all times was an H-1B requirement and not an AOS requirement.
OP hasn't made it clear whether he is still on H-1B or just AOS/EAD.
OTOH, if your husband is working for a legitimate consulting company that pays him even when he is not billable to a client, then you have nothing to fear about.
huh? I thought being employed at all times was an H-1B requirement and not an AOS requirement.
OP hasn't made it clear whether he is still on H-1B or just AOS/EAD.
more...
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jackisback
03-12 07:24 PM
pointlesswait-
How do you what are the top 10 PT MBA programs? Where can we find ratings for PT MBA programs?
Thanks.
How do you what are the top 10 PT MBA programs? Where can we find ratings for PT MBA programs?
Thanks.
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STAmisha
07-09 05:52 PM
My lawyer also says the same. I'm also in similar condition where company is applying for 1 1140's.
Regd experience, I dont know if USCIS calls an employer.
Regd experience, I dont know if USCIS calls an employer.
more...
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uma001
11-16 04:56 PM
Hi,
My educational background is Bachelor of Engginerring in Computer science.
I came to United states in December 2006. when i came i was having six years of experience.
My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.
I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.
When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.
I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.
"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"
I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.
What will happen now ?
What type of document i should provide to USCIS for this query?
Will my I - 140 get approved ?
Thanks & Regards,
Raj..
This is the first case I am seeing like this. USCIS decided to scrutinize to maximum extent so that not many H1 guys get green cards
My educational background is Bachelor of Engginerring in Computer science.
I came to United states in December 2006. when i came i was having six years of experience.
My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.
I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.
When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.
I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.
"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"
I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.
What will happen now ?
What type of document i should provide to USCIS for this query?
Will my I - 140 get approved ?
Thanks & Regards,
Raj..
This is the first case I am seeing like this. USCIS decided to scrutinize to maximum extent so that not many H1 guys get green cards
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ajain
05-28 06:30 PM
Without a job offer from a national lab, it makes it hard to say why I want to skip the labor certification. Companies that need work of national interest now first ask for a green card before they give a job offer in a chicken and egg game. That I am nearing the end of 6-ye H1B may not be good enough reason to bypass labor. The most reasonable argument I can think of is that my stopping work will harm US national interests and no one else can do that work because I am special. What do you think?
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nitlsu
07-18 12:59 AM
From the numbersusa site it seems that the Senate is currently debating the DoD appropriations bill and Sen. Cornyn of TX has introduced ammendment SA 2143 to enable recapture of unused EB visas from the years 1996-1997.
Does anyone have any more details on this? Do we need to have a coordinated effort in support of this?
Does anyone have any more details on this? Do we need to have a coordinated effort in support of this?
ossidon
06-25 02:08 PM
^^^^^^
Good Initiative psaxena. Count me in !
Good Initiative psaxena. Count me in !
pmpforgc
12-11 02:12 PM
Hi
I am trying to file Paper based Advance Parole ( I-131) for me and my family.
I have few questions regarding process and forms. Appriciate your hlep with those.
(1) I Last enetered as F-1. My F-1 visa stamp has expired. I currently have H-1B approved but never stamped on my passport. My I-140 approved and I-485 pending.
On form I-131 in section 3. "Class of admission" what I should write " F-1 "or "H-1B"?
(2) If I check on "More than One trip" in Part-7 section -1 of the form, does the process differ in any way? Does it need any extra fee? Does it need any extra document to support the multiple entry AP application? Will it affect approval in any way? How long (one yr two year?) is AP, once it is approved, is valid?
(3) I never had applied for EAD based on pending I-485 and does not intend to do so in near future.
Does I need to apply for EAD to get AP? and in Cover letter for my AP do I need to mention EAD or it is not required?
(4) For my sons ( 15 yrs age) can I sign as a person preparing form?
thanks for your help with AP application.
I am trying to file Paper based Advance Parole ( I-131) for me and my family.
I have few questions regarding process and forms. Appriciate your hlep with those.
(1) I Last enetered as F-1. My F-1 visa stamp has expired. I currently have H-1B approved but never stamped on my passport. My I-140 approved and I-485 pending.
On form I-131 in section 3. "Class of admission" what I should write " F-1 "or "H-1B"?
(2) If I check on "More than One trip" in Part-7 section -1 of the form, does the process differ in any way? Does it need any extra fee? Does it need any extra document to support the multiple entry AP application? Will it affect approval in any way? How long (one yr two year?) is AP, once it is approved, is valid?
(3) I never had applied for EAD based on pending I-485 and does not intend to do so in near future.
Does I need to apply for EAD to get AP? and in Cover letter for my AP do I need to mention EAD or it is not required?
(4) For my sons ( 15 yrs age) can I sign as a person preparing form?
thanks for your help with AP application.
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