map_boiler
06-27 02:57 PM
My OPT EAD A# and I-140 A# are different.
When filling the forms, use the A# number from your I-140, if available. If not, fill with "None". Do not leave it blank. When my attorney filed my I-140 papers, they filled "None" for A#. Later after I-140 approval when they filed for my H1B renewal, they used the A#.
From what I know, in case you don't have an approved I-140 and hence an A#, you will be assigned one with the I-485 receipt. Therefore, in my opinion, you should NOT use your OPT EAD A# for the I-485 and related forms.
--------------------------------
PD: Feb 2006, EB2, India
I-140 AD: June 2006
Filing I-485, I-765, etc: July 2007
When filling the forms, use the A# number from your I-140, if available. If not, fill with "None". Do not leave it blank. When my attorney filed my I-140 papers, they filled "None" for A#. Later after I-140 approval when they filed for my H1B renewal, they used the A#.
From what I know, in case you don't have an approved I-140 and hence an A#, you will be assigned one with the I-485 receipt. Therefore, in my opinion, you should NOT use your OPT EAD A# for the I-485 and related forms.
--------------------------------
PD: Feb 2006, EB2, India
I-140 AD: June 2006
Filing I-485, I-765, etc: July 2007
santb1975
09-30 09:59 PM
I got back after my weekend. I will look at the Yahoo groups
jonty_11
08-10 05:16 PM
how is this possible.......mr mustang plzzz come back to throw more lite and enliten us.....
sky7
07-26 11:34 AM
hey njboy..thanks again for ur response.
Yes, i read about the I140 processing and EB3 goes first. But I already filed my I140 in June-06, can i still move that to PREMIUM PROCESSING? (I tried to find any rule/regulation on that...didn't see any). And how long does the PREMIUM Processing takes?
Looks like the average wait time at the Nebraska SC is 3-4 months, hmmm..should i spend that extra $1K? Maybe yes (if we are allowed to switch from regular to premium)...given the "efficiency" of the immigration processing in the US.
Thanks again
Sky
Yes, i read about the I140 processing and EB3 goes first. But I already filed my I140 in June-06, can i still move that to PREMIUM PROCESSING? (I tried to find any rule/regulation on that...didn't see any). And how long does the PREMIUM Processing takes?
Looks like the average wait time at the Nebraska SC is 3-4 months, hmmm..should i spend that extra $1K? Maybe yes (if we are allowed to switch from regular to premium)...given the "efficiency" of the immigration processing in the US.
Thanks again
Sky
more...
tuhin
05-14 06:38 PM
RFE issued on May, 11th.
My lawyer has not received a letter yet, but I have kept him in the loop.
I am definitely worried.... fear of the unknown :mad:
Any ideas on what should I expect in the RFE?
....
EB3-I, Labor filed in Aug'2005.
I-485 filed in 2007.
My lawyer has not received a letter yet, but I have kept him in the loop.
I am definitely worried.... fear of the unknown :mad:
Any ideas on what should I expect in the RFE?
....
EB3-I, Labor filed in Aug'2005.
I-485 filed in 2007.
goel_ar
12-21 11:29 AM
Thanks for responding.
Is it even true when H1 was supposed to be effective October Ist? I understand that I got new I-94 on Jun 30,2008 but with effective date of Oct 1, 2008; so I understand that my H1 status will be effective in system on october 1st, not before that?
Anyways, I have an infopass appointment on Tuesday & see how it goes.
It is quite confusing.. I think going to Canada/mexico is risky as I don't have any paystubs on H1, so going to my home country (india) might be the only option.
Does anyone know how long does it take for Change of Status application (i-539) to get approved? The processing date at Vermont Center shows it as "Feb 2008" right now.
Thanks,
AG
Goel_ar,
Your manner of last entry is the status that you are currently on. Thats a fact.
This is most probably what happened in your case. You were first on H-4, then H-1 got approved in June'08. In the H-1 approval notice, did you get an I-94 attached at the bottom. If yes, then your status changed to H-1 automatically. Now, since you got back into the country in Sept'08 on H-4, it changed back to H-4.
Either you have to go to a consulate aboard and get H-1 stamp and enter using H-1 visa. Or apply for change of status within the country. However, whenever you leave the country, you will have to apply for H-1 visa stamp and use it later to enter.
Hope it helps.
Is it even true when H1 was supposed to be effective October Ist? I understand that I got new I-94 on Jun 30,2008 but with effective date of Oct 1, 2008; so I understand that my H1 status will be effective in system on october 1st, not before that?
Anyways, I have an infopass appointment on Tuesday & see how it goes.
It is quite confusing.. I think going to Canada/mexico is risky as I don't have any paystubs on H1, so going to my home country (india) might be the only option.
Does anyone know how long does it take for Change of Status application (i-539) to get approved? The processing date at Vermont Center shows it as "Feb 2008" right now.
Thanks,
AG
Goel_ar,
Your manner of last entry is the status that you are currently on. Thats a fact.
This is most probably what happened in your case. You were first on H-4, then H-1 got approved in June'08. In the H-1 approval notice, did you get an I-94 attached at the bottom. If yes, then your status changed to H-1 automatically. Now, since you got back into the country in Sept'08 on H-4, it changed back to H-4.
Either you have to go to a consulate aboard and get H-1 stamp and enter using H-1 visa. Or apply for change of status within the country. However, whenever you leave the country, you will have to apply for H-1 visa stamp and use it later to enter.
Hope it helps.
more...
GCBy3000
02-07 09:54 AM
You are not married to your job if you are in H1. This is my whole point to be in H1. I MAY BE WRONG.
If you are in H1 and having a PD of xxx date and if you decide to switch to another company by transferring your H1 into different position, you can still carry your PD with you for the new position eventhough it is totally different position. This is my understanding. If this is true, you can go up the ladder ifyou are in h1. If you invoke EAD and use 485, you cannot do this.
Only other way to do this when you are in EAD is to switch back to H1. Again, you should have left some time in your original 6 years of H1 to do this.
It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.
No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.
If you are in H1 and having a PD of xxx date and if you decide to switch to another company by transferring your H1 into different position, you can still carry your PD with you for the new position eventhough it is totally different position. This is my understanding. If this is true, you can go up the ladder ifyou are in h1. If you invoke EAD and use 485, you cannot do this.
Only other way to do this when you are in EAD is to switch back to H1. Again, you should have left some time in your original 6 years of H1 to do this.
It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.
No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.
tabletpc
10-17 11:13 AM
I am new to cnsulting jobs and was wondering if anyone can elaborate on what these terms mean ..
Contract - Corp-to-Corp ?
Contract - W2 ?
Contract to Hire - Independent ?
Contract to Hire - W2 ?
Contract - Corp-to-Corp ?
Contract - W2 ?
Contract to Hire - Independent ?
Contract to Hire - W2 ?
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s416504
12-03 03:02 PM
Does anyone knows if Person eligible for AC21 porting is eligible for unemployment benefit?
alien2006
08-23 07:43 AM
The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)
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meridiani.planum
07-09 01:05 AM
One bad day, my employer just realized that I was overpaid $8000 over 2 years. When I was with the company, I was told it was accountant mistake and I don't have to pay anything. It was all verbal so I don't have any witness.
After 2 months, I quit with 2 weeks notice.
Now he wants $8000 back or he won't pay my last 2 weeks.
I am on EAD and don't know what to do?
Can anybody advice?
Since you agree you were overpaid, isnt paying back the 8k the right thing to do?
Regarding your salary, you can tell him that unless he pays you, you are going to complain to DOL. Last thing he would want is a DOL audit. As he was your H1 sponsor, he is obligated to pay your salary. Cant escape that unless he can prove that the 8k is somehow an 'advance' on your salary.
After 2 months, I quit with 2 weeks notice.
Now he wants $8000 back or he won't pay my last 2 weeks.
I am on EAD and don't know what to do?
Can anybody advice?
Since you agree you were overpaid, isnt paying back the 8k the right thing to do?
Regarding your salary, you can tell him that unless he pays you, you are going to complain to DOL. Last thing he would want is a DOL audit. As he was your H1 sponsor, he is obligated to pay your salary. Cant escape that unless he can prove that the 8k is somehow an 'advance' on your salary.
cox
August 8th, 2005, 03:19 PM
That's awesome! What made you think of doing that?
Thanks, I was really happy it worked. I wanted to shoot the tide pool waves, and get this effect without having to wait for a "perfect" morning (you can accomplish the same thing just before dawn or after sunset). I am trained as a physicist, and crossed polarizers are a common method of managing light in physics experiments, so I decided to try that here. This technique allows for pretty much any exposure time, and I wanted like 20s to get several waves. A couple of words of caution if any of you want to try it too (and you are welcome to do so).
You can't use circular polarizers like most of us have for our autofocus DSLRs. Stacked C-polarizers don't black out, because they are both filtering the same light. You must buy linear polarizers. The good news is that they are cheap by comparison (<$50 ea).
Autofocus won't work worth a damn.
Adding two polarizers to the lens multiplies the internal reflections (I had problems with this, 3 or more reflections of the sun)
It vignettes at super-wide focal length on my zoom. I would always expect vignetting with a prime lens.
With two polarizers you get weird rainbow effects from diffraction, and the whole scene tends to the purple/UV. I suspect a lot of these pictures will look great in B&W.
There is a lot of potential here I think, and thanks all for the great ideas/suggestions on what else I can try. :)
Thanks, I was really happy it worked. I wanted to shoot the tide pool waves, and get this effect without having to wait for a "perfect" morning (you can accomplish the same thing just before dawn or after sunset). I am trained as a physicist, and crossed polarizers are a common method of managing light in physics experiments, so I decided to try that here. This technique allows for pretty much any exposure time, and I wanted like 20s to get several waves. A couple of words of caution if any of you want to try it too (and you are welcome to do so).
You can't use circular polarizers like most of us have for our autofocus DSLRs. Stacked C-polarizers don't black out, because they are both filtering the same light. You must buy linear polarizers. The good news is that they are cheap by comparison (<$50 ea).
Autofocus won't work worth a damn.
Adding two polarizers to the lens multiplies the internal reflections (I had problems with this, 3 or more reflections of the sun)
It vignettes at super-wide focal length on my zoom. I would always expect vignetting with a prime lens.
With two polarizers you get weird rainbow effects from diffraction, and the whole scene tends to the purple/UV. I suspect a lot of these pictures will look great in B&W.
There is a lot of potential here I think, and thanks all for the great ideas/suggestions on what else I can try. :)
more...
nixstor
06-28 02:57 PM
Its wrong. Please check with other senior attorney. It is going to be a problem if you used like that.
dpp,
I dont know why its wrong for you. sounds very logical to me. Dont bring in the discussion of unnecessary current employment verification. The letter has to state that the employer is willing to hire him as a future employee. NOT RIGHT NOW. So the title has to be the title stated in the PERM/Labor Cert
dpp,
I dont know why its wrong for you. sounds very logical to me. Dont bring in the discussion of unnecessary current employment verification. The letter has to state that the employer is willing to hire him as a future employee. NOT RIGHT NOW. So the title has to be the title stated in the PERM/Labor Cert
vijse
12-20 06:56 PM
CBP = customs and border patrol
defferred inspection site is an office in which there are several immigration and custom officers stationed. What they do there ,i don't know .
defferred inspection site is an office in which there are several immigration and custom officers stationed. What they do there ,i don't know .
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yjprakash
10-20 04:07 PM
I faxed expedite processing request on last Tuesday and sent email to Ombudsman.
there was soft LUD on same day (address change) on my 485 & EAD & AP. Today status changed to card ordered for production. what a relief!!!!!!!!!
but any thing can happen till it comes to my hand
Here is the fax number for NSC 4022196344
I have infopass appointment on 24th. Should I go or cancel that appointment now ???
there was soft LUD on same day (address change) on my 485 & EAD & AP. Today status changed to card ordered for production. what a relief!!!!!!!!!
but any thing can happen till it comes to my hand
Here is the fax number for NSC 4022196344
I have infopass appointment on 24th. Should I go or cancel that appointment now ???
pappu
05-20 10:54 AM
It is surprising why your case is among the unfortunate ones in such background checks. There was a memo few years ago after IV's efforts that eliminated FBI name checks. Read http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61
I am also unable to understand why you are getting conflicting information from congressional inquiries.
If you think there might be a lot of people stuck in namecheck issue these days, please collect everyone on this thread to see how widespread this problem is. You can ask on IV and other websites and have them assemble here. The numbers will help us understand the extent of the problem. I personally do not think there are any such namecheck problems beyond the 6 month period as stated in the 2008 memo. Have not seen anyone reporting on IV except your thread. Some effort may be needed by you to explore the extent of the problem. In terms of resolving it, looks like you are doing what people do to get status.
I am also unable to understand why you are getting conflicting information from congressional inquiries.
If you think there might be a lot of people stuck in namecheck issue these days, please collect everyone on this thread to see how widespread this problem is. You can ask on IV and other websites and have them assemble here. The numbers will help us understand the extent of the problem. I personally do not think there are any such namecheck problems beyond the 6 month period as stated in the 2008 memo. Have not seen anyone reporting on IV except your thread. Some effort may be needed by you to explore the extent of the problem. In terms of resolving it, looks like you are doing what people do to get status.
more...
minimalist
10-08 02:25 PM
Did you take original 485 receipt with you?
I went to the Arlington DMV today. They took copies of my I-485 and EAD. They said they will send a letter to my home in 7 to 10 days, if I'm eligible for a drivers license. I went a month back when I didn't have the EAD with me and they did not even accept my documents for faxing it to Richmond. Man...its getting crazier everyday.
Please post back your experience here. Thanks for starting the thread.
I went to the Arlington DMV today. They took copies of my I-485 and EAD. They said they will send a letter to my home in 7 to 10 days, if I'm eligible for a drivers license. I went a month back when I didn't have the EAD with me and they did not even accept my documents for faxing it to Richmond. Man...its getting crazier everyday.
Please post back your experience here. Thanks for starting the thread.
jasmin45
07-31 06:44 PM
My I-485(with G-28) was filed by our company lawyer and company did not let us file EAD. I'm filing EAD on my own after USCIS made it clear with FAQ2 that they will accept EAD applications without the I-485 Receipt notice.
My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.
Thanks
I think, Receipt of the EAD application will come to you.
My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.
Thanks
I think, Receipt of the EAD application will come to you.
immigrationvoice1
01-31 09:36 PM
Has anyone analyzed who would be an ideal president from our point of view? Does IV endorse any candidate?
In my opinion IV should not be "endorsing" any candidate and one among the many reasons could be, none of the members of IV have voting rights in this country! Why should IV even think of endorsing anyone in this scenario ?
I guess what you meant to ask was who amongst the current contestants does the IV leadership thinks would be pro legal highly skilled immigrant if he/she happens to get elected to the White House.
Please correct me if I am wrong with the above.
In my opinion IV should not be "endorsing" any candidate and one among the many reasons could be, none of the members of IV have voting rights in this country! Why should IV even think of endorsing anyone in this scenario ?
I guess what you meant to ask was who amongst the current contestants does the IV leadership thinks would be pro legal highly skilled immigrant if he/she happens to get elected to the White House.
Please correct me if I am wrong with the above.
gc_chahiye
07-22 01:22 PM
EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
I thought EAD renewals are now free (included in the initial filing fee if filed after July 31). So no revenue loss and less workload for USCIS if they go for 3 years.
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
I thought EAD renewals are now free (included in the initial filing fee if filed after July 31). So no revenue loss and less workload for USCIS if they go for 3 years.
chillfakter
02-19 03:22 PM
As many of you assured me, the date on the I-94 reflected the date on my I-797 (I received a B, not an A). It did not have anything to do with my passport expiration date as I was fearing. Thanks everyone!
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