gc28262
04-07 06:23 PM
I'm in my 9th year of H1B which is going to expire in about six months. My employer is suggesting to extend H1B and not use or extend EAD. Based on your experience and knowledge please post your advise. If a post like this already exists, please point me to that. I could not find one easily. Thanks a lot.
Irrespective of whether EAD is used, one should always extend EAD as a backup. ( Especially in this economy)
Irrespective of whether EAD is used, one should always extend EAD as a backup. ( Especially in this economy)
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morchu
07-31 04:28 PM
One thing is that lawyers are really busy till August 17th.
One good reason for this policy is the misuse or over-utilization of lawyer contact previlege. I believe there might be guys who contact lawyers for no reason, and just annoy them. If there are so many such guys in your company, may be all they are trying to avoid is this misuse.
On the other hand Lawyer is representing you and the employer at the same time. So you are entitled to contact lawyer directly. It is just that, if there had been misuse from other employees, there is a possibility that you might not have enough credability, and they may not return your call.
There is no harm in trying to send an email to you HR and ask them to get an answer from lawfirm for any valid query.
But, the problem is, they dont allow us to have a direct correspondence with lawyer. They are saying that its their company policy.
I'm really worried right now. Can I still call our lawyer? Sorry guys.
One good reason for this policy is the misuse or over-utilization of lawyer contact previlege. I believe there might be guys who contact lawyers for no reason, and just annoy them. If there are so many such guys in your company, may be all they are trying to avoid is this misuse.
On the other hand Lawyer is representing you and the employer at the same time. So you are entitled to contact lawyer directly. It is just that, if there had been misuse from other employees, there is a possibility that you might not have enough credability, and they may not return your call.
There is no harm in trying to send an email to you HR and ask them to get an answer from lawfirm for any valid query.
But, the problem is, they dont allow us to have a direct correspondence with lawyer. They are saying that its their company policy.
I'm really worried right now. Can I still call our lawyer? Sorry guys.
glosrfc
01-20 06:28 PM
Strange, I'm not able to replicate the problem. All I can think of is that your mouse has lost focus on the SWF, perhaps due to the over-vigorous motion beforehand? Try clicking on the SWF to regain focus and see if slow moments work for you again.
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mrsr
08-03 09:42 PM
Today nebraska issued total 4234 cases which includes all kinds of applications.
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smiledentist
06-21 11:16 AM
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frostrated
09-05 06:11 AM
I have an approved EB3 140 (PD Aug 2004) and have filed my 485 using it with Employer A.
With Employer B, I have an approved EB2 140, but the priority date is in 2007.
What is the process of porting the EB3 date to the EB2 140 and to change the 485 to the EB2 queue? Do I need to refile the 485 application?
With Employer B, I have an approved EB2 140, but the priority date is in 2007.
What is the process of porting the EB3 date to the EB2 140 and to change the 485 to the EB2 queue? Do I need to refile the 485 application?
more...
print0104
08-30 09:05 PM
um...but at the time my new employer offering me a position with an official offer letter, my current H1b status could be expired for over 3 to 4 months...(I am sure they want me to work for them since the partner there is my previous boss)
Shouldn't I take any action to protect my current H1b status???Like file a H1b transfer application which I know would definitely be rejected since I am unable to get a pay stub.
By the way, I didn't file I-140 or I-485 since my previous Labor Certificate is still in process for over 2 years (filed on July 2005)!!!Please consider these factors in my case~
Thank you guys~
Hello, guys, I really need your help~~
Is anybody here who could really analyse me situation???
Thank you so much~~
Shouldn't I take any action to protect my current H1b status???Like file a H1b transfer application which I know would definitely be rejected since I am unable to get a pay stub.
By the way, I didn't file I-140 or I-485 since my previous Labor Certificate is still in process for over 2 years (filed on July 2005)!!!Please consider these factors in my case~
Thank you guys~
Hello, guys, I really need your help~~
Is anybody here who could really analyse me situation???
Thank you so much~~
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saloni
04-17 07:44 PM
Thanks virtual55.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who “moonlights” pursuant to an EAD has not “left” his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who “moonlights” pursuant to an EAD has not “left” his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
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hibworker
08-23 11:28 PM
When the primary files I-485 AOS application, the spouse and minor children are also allowed to file AOS if they are physically present in US in a legal status. It is irrelevant if they are on H4, F1, B1 etc.
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chanduv23
09-12 09:57 AM
Yes they do it. They do random google searches. Our issue is not resolved just because they are given directive not to use wikipedia, because they may use a lot of other resources on the internet.
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meridiani.planum
12-14 12:33 PM
- Per my LCA; combination of education and experience is not acceptable. Does that mean my evaluation is of no use? And is this LCA good for me?
Its going to be very hard trying to evaluate a 3 year degree to a 4 year BSCS. You can atleast talk with the person recommended by CPUwiz and see what she thinks...
- If evaluation is using 6yrs of experience to make up for 2yrs of education; CAN I, still (also) show the same 6yrs of experience as job experience?
I doubt if this double dipping is going to work...
- I have another approved RIR (Approved Aug07). In worst case, can I use that RIR to file for new 140 to save my 485? Is there any time limit on RIR case too? Like using it under number of weeks/months?[/COLOR]
LCs expire 180 days after their approval, so you have until Feb next year with this LC. However from what I know you need an approved I-140 to interfile with an existing 485 case. dont know if you can interfile an I-140 which is still pending. talk to a good immigration attorney.
Its going to be very hard trying to evaluate a 3 year degree to a 4 year BSCS. You can atleast talk with the person recommended by CPUwiz and see what she thinks...
- If evaluation is using 6yrs of experience to make up for 2yrs of education; CAN I, still (also) show the same 6yrs of experience as job experience?
I doubt if this double dipping is going to work...
- I have another approved RIR (Approved Aug07). In worst case, can I use that RIR to file for new 140 to save my 485? Is there any time limit on RIR case too? Like using it under number of weeks/months?[/COLOR]
LCs expire 180 days after their approval, so you have until Feb next year with this LC. However from what I know you need an approved I-140 to interfile with an existing 485 case. dont know if you can interfile an I-140 which is still pending. talk to a good immigration attorney.
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pappu
06-02 10:58 AM
I still no access to the donor forums for me. I've already sent 3 emails per the thread above. Is it really such a big deal to grant access to donor forum??
Airbusfan
I had sent you a private message yesterday. .
Without verification we cannot give access to anyone.
Anu has been out sick and will not be doing verification for next couple of months. Myself and other team members will handle this task in our spare time from other IV work and there could be delays. However we will try to have the delay only for 15 days at the most.
Ryan, Thanks for responding to the PM.
Airbusfan
I had sent you a private message yesterday. .
Without verification we cannot give access to anyone.
Anu has been out sick and will not be doing verification for next couple of months. Myself and other team members will handle this task in our spare time from other IV work and there could be delays. However we will try to have the delay only for 15 days at the most.
Ryan, Thanks for responding to the PM.
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roseball
07-10 08:54 AM
Hello,
One of the clients is not considering EAD as a valid document to enter their facilities. Funny thing is their security team are ok if you have valid visa and I94 but not EAD.
I think this is more of ignorance about EAD.
Can some provide doucumentation which says discrimination of EAD is violation of Law? or some thing that says EAD is a valid document to work adn stay in the country.
You can show them I-9 form where it list EAD as acceptable document for proof of employment eligibility.
One of the clients is not considering EAD as a valid document to enter their facilities. Funny thing is their security team are ok if you have valid visa and I94 but not EAD.
I think this is more of ignorance about EAD.
Can some provide doucumentation which says discrimination of EAD is violation of Law? or some thing that says EAD is a valid document to work adn stay in the country.
You can show them I-9 form where it list EAD as acceptable document for proof of employment eligibility.
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07-18 10:54 AM
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sgorla
01-29 07:16 PM
logic,
I checked with my immigration attorney about this situation anticipating job change few days ago. According to him one can enter as long as s/he can show new H1B approval notice provided the old H1B visa is still valid (not expired).
As always, we can express our own interpretation, and its always a good idea to contact an immigration attorney to get specific answers.
I checked with my immigration attorney about this situation anticipating job change few days ago. According to him one can enter as long as s/he can show new H1B approval notice provided the old H1B visa is still valid (not expired).
As always, we can express our own interpretation, and its always a good idea to contact an immigration attorney to get specific answers.
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10-03 08:33 AM
Our (2 adult, 1 kid) FP was done yesterday 10/2 in Alexandria, VA, It took us 1 hr from the time we got in. Make sure to fillup the form quickly to get token number, but it may vary from place to place.
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January 1st, 2005, 02:26 PM
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meridiani.planum
05-05 12:26 AM
I was not aware of the 120 days... I filed my wifes EAD day 138 days before expiry (should have been more carefull!)... So what happens now? Rejection? Denial? RFE?
Also what docs should be send after efiling, if any?
rejected. Meaning they will return it with your filing fees:
http://www.immigration-law.com/Archive%20XVI.html
02/14/2008: USCIS Clarification of Denial vs. Rejection of EAD Renewal Application Filed Earlier Than 120 Days Prior to Expiration of EAD
* We posted this message on 02/04/2008 and raised this issue. The AILA has just reported that the USCIS clarified its message that the premature filing would be "rejected" rather than "denied." What this means is that the filers will at least save the filing fees
Also what docs should be send after efiling, if any?
rejected. Meaning they will return it with your filing fees:
http://www.immigration-law.com/Archive%20XVI.html
02/14/2008: USCIS Clarification of Denial vs. Rejection of EAD Renewal Application Filed Earlier Than 120 Days Prior to Expiration of EAD
* We posted this message on 02/04/2008 and raised this issue. The AILA has just reported that the USCIS clarified its message that the premature filing would be "rejected" rather than "denied." What this means is that the filers will at least save the filing fees
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venkat9
03-10 02:34 PM
Thanks gckalafda,
Mine was from NSC.
Mine was from NSC.
nish
10-06 08:48 PM
when you got H1 did you receive new I-94? If yes, then you should have been working with the employer who did your H1 and not L1 employer. If not you should be able to COS to H1 without issues.
Thanks for your reply....
I have applied H1 through consulate process so I did not get I-94 . I have H1 approval receipt.
During COS process ..I will not be working on project so is this become problem for denial of COS status
Please advice...
Thanks....
Thanks for your reply....
I have applied H1 through consulate process so I did not get I-94 . I have H1 approval receipt.
During COS process ..I will not be working on project so is this become problem for denial of COS status
Please advice...
Thanks....
glub
01-02 05:12 PM
See my answers. WE just came back on AP, no issues.
Could you tell us if the I-94 was stamped with the date your AP expires? Will you need to re-apply for an H1 extension after that date?
Could you tell us if the I-94 was stamped with the date your AP expires? Will you need to re-apply for an H1 extension after that date?
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