LostInGCProcess
09-02 10:40 AM
This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.
AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.
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I am not a lawyer. Use at your own risk any information given by me.
I think you are confused with the question. There is no mention of F1. The question is: If a person is on H1 and also has an EAD, what factor determines the switch from H1 to EAD? Are you suggesting one must travel out and in of the country to get the status changed from H1 to EAD? I don't think thats correct.
Please read the question clearly and don't get confused. F1 and H1 are different....but one can have both H1 and EAD (when I-485 is pending).
AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.
---------
I am not a lawyer. Use at your own risk any information given by me.
I think you are confused with the question. There is no mention of F1. The question is: If a person is on H1 and also has an EAD, what factor determines the switch from H1 to EAD? Are you suggesting one must travel out and in of the country to get the status changed from H1 to EAD? I don't think thats correct.
Please read the question clearly and don't get confused. F1 and H1 are different....but one can have both H1 and EAD (when I-485 is pending).
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RajForGC
02-20 03:33 PM
My PERM and 140 under EB3 is already approved last year, (other Conuntry). I am in the process of filing EB2, MS +0, with same company: different postion and 30% job req changes, prevaling wage is different level. I did my MS before I joined this company. My lawyer is saying we should be fine: any suggestions.
sundevil
07-08 03:18 PM
Congressman foolish enough to say stuff like that could be Tom Tancredo.
I was watching FOX News this afternoon around 3:00 pm EST and they talked about a Polish Lady sueing the USCIS. Her lawyer was on the show and he talked about the issue. The host then talked to a Congress man (i think it was Tom Lombardo and he said that the US is bringing in a way too many immigrants and the US should stop it for a few years). When asked if the woman was wronged he rephrased the word wrong by "was caused inconvenience". Anyways, the lady's lawyer hit the nail on the head. When asked if she was sueing to get a green card. Her lawyer said no. He said his client was sueing for financial damages and also for allowing her to submit her application as submitting the application has benefits.
I was watching FOX News this afternoon around 3:00 pm EST and they talked about a Polish Lady sueing the USCIS. Her lawyer was on the show and he talked about the issue. The host then talked to a Congress man (i think it was Tom Lombardo and he said that the US is bringing in a way too many immigrants and the US should stop it for a few years). When asked if the woman was wronged he rephrased the word wrong by "was caused inconvenience". Anyways, the lady's lawyer hit the nail on the head. When asked if she was sueing to get a green card. Her lawyer said no. He said his client was sueing for financial damages and also for allowing her to submit her application as submitting the application has benefits.
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moonrah
10-23 02:46 PM
Be proactive and do it ASAP.
more...
prince_waiting
10-26 01:53 PM
I did get the cashed checks printouts and also changed the address in USCIS couple days back. The questions are:
- Assuming that USCIS has already sent the reciepts/EAD to my previous address and I have a redirection at USPost office to my new address.
Will they be redirected to my new address? Or is there is a policy on USCIS reciept mails that the mails from USCIS can't be redirected to a new address but need to be returned back unless the new address is updated in USCIS?
I dont think this should be the case. But just thought to make sure my thoughts are correct. My dilemma is that it's over 15days my checks cashed and I haven't recieved the reciepts yet.
USPS does not forward USCIS mail as the USCIS requests it's correspondence not to be forwarded.
If you have changed the address using the RNs (by calling USCIS and not by filing AR11) and if the RNs have not been delivered to you yet, I guess they might have gone back to the USCIS and will be redelivered to the new address.
- Assuming that USCIS has already sent the reciepts/EAD to my previous address and I have a redirection at USPost office to my new address.
Will they be redirected to my new address? Or is there is a policy on USCIS reciept mails that the mails from USCIS can't be redirected to a new address but need to be returned back unless the new address is updated in USCIS?
I dont think this should be the case. But just thought to make sure my thoughts are correct. My dilemma is that it's over 15days my checks cashed and I haven't recieved the reciepts yet.
USPS does not forward USCIS mail as the USCIS requests it's correspondence not to be forwarded.
If you have changed the address using the RNs (by calling USCIS and not by filing AR11) and if the RNs have not been delivered to you yet, I guess they might have gone back to the USCIS and will be redelivered to the new address.
morchu
08-02 01:14 AM
I believe it is worth the 180 days wait. And AC-21 is practical for a lot of situations. Anyway you dont really have to wait 180 days, if you can convince the current employer not to revoke the 140 (at least for the next 180 days).
My answer should have been different if you were not eligible to file 485.
Also give some serious thoughts about filing 485 before marriage. If you are unlucky enough, it can have serious side-effects.
EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.
I was contemplating on job change before dates became current in June and decision to accept 485....
Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).
Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).
So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)
(I am single and those complexities are not to be considered I guess yet.
Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)
My answer should have been different if you were not eligible to file 485.
Also give some serious thoughts about filing 485 before marriage. If you are unlucky enough, it can have serious side-effects.
EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.
I was contemplating on job change before dates became current in June and decision to accept 485....
Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).
Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).
So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)
(I am single and those complexities are not to be considered I guess yet.
Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)
more...
niklshah
02-03 05:26 PM
Hey guys, can anyone help? I�ve been disconnected from the site for a while due to personal reasons. Does anyone know approximately the following?
1- Approximate PERM processing times (from filing time) for EB2
2- Approximate I-485 and I-140 processing times from filing date for EB2
3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2
4- Are I-140 and I-485 still being filed concurrently?
I know there are trackers, but I find them all confusing!
Sorry for the many questions. This would help me a lot! Thanks in advice for any input guys!
(or send me a private message if easier, thanks!)
Hey jamie,
if any one knew this answers they will become immigration consultant trust me and will make big bucks.... USCIS has miraculous ways to function any thing can happen any time.......
1- Approximate PERM processing times (from filing time) for EB2
2- Approximate I-485 and I-140 processing times from filing date for EB2
3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2
4- Are I-140 and I-485 still being filed concurrently?
I know there are trackers, but I find them all confusing!
Sorry for the many questions. This would help me a lot! Thanks in advice for any input guys!
(or send me a private message if easier, thanks!)
Hey jamie,
if any one knew this answers they will become immigration consultant trust me and will make big bucks.... USCIS has miraculous ways to function any thing can happen any time.......
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indyanguy
08-07 09:27 AM
I was curious to know if LC/140/485 will be processed simultaneously or if they will be processed one after the other. If latter, what might be the approx time taken in NSC for LC and 140. I understand that it's difficult to predict the time for 485.
U mention what u have filed and what u r expecting.
I think almost everyone has filed 485/140/EAD/AP.
I am just curious what exactly you want to know. Do you want to know when you will get your GC or about the receipts.
If you are looking for receipts, there is a thread going on for July filers by the name "July Trackers".
If you want to know when you will get your GC then i am sorry to say, even GOD cannot give you an idea.
I hope this helps.
Meanwhile, please work on some action items and your wait will become more easier.
U mention what u have filed and what u r expecting.
I think almost everyone has filed 485/140/EAD/AP.
I am just curious what exactly you want to know. Do you want to know when you will get your GC or about the receipts.
If you are looking for receipts, there is a thread going on for July filers by the name "July Trackers".
If you want to know when you will get your GC then i am sorry to say, even GOD cannot give you an idea.
I hope this helps.
Meanwhile, please work on some action items and your wait will become more easier.
more...
desi485
10-11 01:26 PM
If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.
In this case for any reason, if the 485 is cancelled, spouse will be out of status.
Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.
Gurus Please guide.:confused:
In this case for any reason, if the 485 is cancelled, spouse will be out of status.
Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.
Gurus Please guide.:confused:
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dilipb
02-09 09:56 PM
PD should be current at the date of approval too.
Are you sure about this statement?
Can some more experienced members can back the above line.
Because as per current slow trend PD is never ever going to be current!
Are you sure about this statement?
Can some more experienced members can back the above line.
Because as per current slow trend PD is never ever going to be current!
more...
BMS1
09-19 01:09 AM
Thankfully there is a concept called pre-adjudication which makes any retrogression wait run parallel to all the other delays combined like RFE,security/name check etc. So the total wait time is just one of the all the above waits that happens to be the longest. They just do not add up.
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bindoke
11-03 03:51 PM
from http://www.cgihouston.org/OverseasCitizenship.html
[Minors (below 18 years) whose both parents are Indian citizens are not eligible for registration as Overseas Citizens of India. They are, however, eligible to apply for PIO Card]
regards
[Minors (below 18 years) whose both parents are Indian citizens are not eligible for registration as Overseas Citizens of India. They are, however, eligible to apply for PIO Card]
regards
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Green.Tech
08-03 12:10 PM
Lisap - The GC approval will depend on your Priority Date. The more recent your PD, the longer it can take for GC. In any case, I think it's a safe option to get your H-1 extended unless you want to take the risk to wait for your EAD.
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validIV
03-17 12:34 PM
Both EAD and H1-B are fine. I am on EAD/AP whereas my wife is on H1-B. We dont have any issues and the banks will recognize both. We use JP Morgan Chase.
more...
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Junky
09-22 03:20 PM
Just gave you green
44 Red dots for requesting people to call :mad:
44 Red dots for requesting people to call :mad:
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needhelp!
11-09 11:14 AM
I guess poll closes after 15 days (?)
Thanks to all those who are helping out in different ways.
Thanks to all those who are helping out in different ways.
more...
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eb2_mumbai
10-28 09:37 AM
Labor + 140 if complted without any RFE would take least 8 - 12 months. But considering today's conditions that is highly unlikely so ballpark figure would be 15 - 18 months. Also if it gets rejected for any reason lawyer mistakes or A2P or education etc then it would be waste of time and resources.
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anuh1
04-05 04:01 PM
I hope you will in a day or two. mine also filled in first week of feb.
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champu
03-09 03:31 PM
start a consulting company. ;)
gcwait2007
03-23 01:56 PM
quizzer// REQUIRE_GC //chee and others,
Unless we make complain and noise about delay in NSC, it may not come to the authorities notice.
The following steps can be taken:
(1) Let us write to our senators.
(2) Let us write to CIS Ombudsman
(3) Emilio.T.Gonzalez had posted his comments in USCIS portal, where the customers of CIS is allowed to add their comments. We can use this forum to high light the problems faced in NSC.
http://www.dhs.gov/journal/leadership/2008/03/fit-to-print.html
OR
http://www.uscis.gov/portal/site/uscis See what is new, the first item is 'Fit to print' . Click on that URL and it takes to the above URL, where you can add your comment.
If any one has better ideas, please advise.
Thanks.
Unless we make complain and noise about delay in NSC, it may not come to the authorities notice.
The following steps can be taken:
(1) Let us write to our senators.
(2) Let us write to CIS Ombudsman
(3) Emilio.T.Gonzalez had posted his comments in USCIS portal, where the customers of CIS is allowed to add their comments. We can use this forum to high light the problems faced in NSC.
http://www.dhs.gov/journal/leadership/2008/03/fit-to-print.html
OR
http://www.uscis.gov/portal/site/uscis See what is new, the first item is 'Fit to print' . Click on that URL and it takes to the above URL, where you can add your comment.
If any one has better ideas, please advise.
Thanks.
arunsush
02-01 11:25 AM
please check your PM
Check your PM...
Check your PM...
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