bigboy007
04-18 03:50 AM
But here is the key point when one uses EAD uscis doesnt outright know what status he is in as he just signs I-9 form which is just with employer. so weigh your options but to be safe once taking up EAD means done with H1b
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.
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.
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raydhan
01-01 02:22 PM
Absolutley interested in getting this movement going. Having been looking for this type of vehicle. Happy to see some Oklahoma interest.
The ability of filing I485 even without PD's current is my prime goal at this time, want to fight for all round reform.
Dear Ananth Prasad,
If you are sincerely interested in joining this intiative, please email me at raydhan@hotmail.com.
Happy New Year.
The ability of filing I485 even without PD's current is my prime goal at this time, want to fight for all round reform.
Dear Ananth Prasad,
If you are sincerely interested in joining this intiative, please email me at raydhan@hotmail.com.
Happy New Year.
gparr
June 25th, 2006, 03:50 PM
(No, I don't streak, it's from the fluid. Oh, I guess y'all figured that out. :) )
Show of hands. How many would pay to see Fred streak while pushing his baby buggy full of gear?
Show of hands. How many would pay to see Fred streak while pushing his baby buggy full of gear?
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vxg
08-15 01:24 PM
I would say it is still a good sign as it tells that someone is at least looking at your case instead of your case being in a basement in a box.
I had this discussion with my lawyer. This lawywer has been touch with USCIS very closely and understand the process and how the system works (to the best possible for an outsider) and here is what has to say about LUD.
************************
Most I-485 will be adjudicated without any LUD at all. This is an because even today it is the physical file that is being delivered to an IO. IO will not touch the system if there had been no issue or no infomation to update.
If one is getting LUDs on any application, it most likely implies that some information is being updated. LUD most likely are for some reasons.
The process of adjudicating a 485 is multi step with many department involved. When the file reaches an IO for the decision , it is expected to be complete in every respect. If IO has any follow up question or any comments, she would then enter in the system that we se as LUD.
Thus, LUD in most cases ( and not all), if at all, is a potential indication of further delay..
I am not aware of any concrete reason for LUD on an approved I-140. My discussion with USCIS indicate that it may be due to updating of company specific information and not necessary related to individual case. Internally the the system recognize each company by a specific number.
Regarding your question LUD on AP, it should be unrelated to 485 as it is handled by a different department and lower level officials.
***********************************
I had this discussion with my lawyer. This lawywer has been touch with USCIS very closely and understand the process and how the system works (to the best possible for an outsider) and here is what has to say about LUD.
************************
Most I-485 will be adjudicated without any LUD at all. This is an because even today it is the physical file that is being delivered to an IO. IO will not touch the system if there had been no issue or no infomation to update.
If one is getting LUDs on any application, it most likely implies that some information is being updated. LUD most likely are for some reasons.
The process of adjudicating a 485 is multi step with many department involved. When the file reaches an IO for the decision , it is expected to be complete in every respect. If IO has any follow up question or any comments, she would then enter in the system that we se as LUD.
Thus, LUD in most cases ( and not all), if at all, is a potential indication of further delay..
I am not aware of any concrete reason for LUD on an approved I-140. My discussion with USCIS indicate that it may be due to updating of company specific information and not necessary related to individual case. Internally the the system recognize each company by a specific number.
Regarding your question LUD on AP, it should be unrelated to 485 as it is handled by a different department and lower level officials.
***********************************
more...
tikka
05-25 10:22 AM
Please send the Web Fax.
It takes only a minute.
Thank you
It takes only a minute.
Thank you
imv116
03-02 02:13 PM
Yes, just as InTheMoment has said H1 option does exist, but chances are more with EAD.
It�s not like we switching jobs. Good univ, good program and good place go a long way in there career. To spend 3-5 years in a residency and another 2 years in a fellowship program, I think one has to be serious about what they choose.
Note like we got a rank and have to take-up what ever is offered.
EAD for H4 would have been the best things to happen, at least in light providing the same for L1.
It�s not like we switching jobs. Good univ, good program and good place go a long way in there career. To spend 3-5 years in a residency and another 2 years in a fellowship program, I think one has to be serious about what they choose.
Note like we got a rank and have to take-up what ever is offered.
EAD for H4 would have been the best things to happen, at least in light providing the same for L1.
more...
Wish_Good
04-30 12:45 AM
Hi All,
My Current Situation: I-140 approved on Jan 22, 2009 with company B, 7th year of my H1 ending July 2009, Current company B applied H1 extension, But H1 extension (No RFE just straight denied) - Denied based on "Old Company A"s I-485 - which was denied in June 26th 2008. Iam still in project and no issue of paystubs and all.
Looks like USCIS didn�t considered my current company�s approved 1-140.
Right now, Employer applied MTR (appeal) provided all documents.. like approved I-140 copy, LC copy and previous H1 copies.. etc.
I don't have EAD.
Please some one share their experience and suggestions:
*Usually how much time they will take to respond this kind of Appeals (MTR).
And also for safe side -- can I file another H1 in premum processing while this MTR is in pending.
*If my MTR appeal decision getting delay... can I work for my employer even after July 13th until I get decision on my H1 Extension. Do I eligible for that or I need to go back India.
Iam really worried, I got 2 younger kids.
I request, Kindly give me your valuable advice.
Thank You All,
Wish Good
My Current Situation: I-140 approved on Jan 22, 2009 with company B, 7th year of my H1 ending July 2009, Current company B applied H1 extension, But H1 extension (No RFE just straight denied) - Denied based on "Old Company A"s I-485 - which was denied in June 26th 2008. Iam still in project and no issue of paystubs and all.
Looks like USCIS didn�t considered my current company�s approved 1-140.
Right now, Employer applied MTR (appeal) provided all documents.. like approved I-140 copy, LC copy and previous H1 copies.. etc.
I don't have EAD.
Please some one share their experience and suggestions:
*Usually how much time they will take to respond this kind of Appeals (MTR).
And also for safe side -- can I file another H1 in premum processing while this MTR is in pending.
*If my MTR appeal decision getting delay... can I work for my employer even after July 13th until I get decision on my H1 Extension. Do I eligible for that or I need to go back India.
Iam really worried, I got 2 younger kids.
I request, Kindly give me your valuable advice.
Thank You All,
Wish Good
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gcpadmavyuh
07-27 12:28 AM
What was the date of I485 approval? And when did the wife's 485 reach USCIS?
My friend has a unique situation. Please help out with your advise.
He had earlier applied for 485 in 2005(before October retrogression) and didnt get a chance to add his wife until the July bulletin(as he got married only after filing 485 and his PD was not current until the July 17th). His wife's application is now filed with the NSC center on 7/19th(didnt recieve the receipt notice yet) as a add-on and as a dependent for his original 485 application(he submitted I-134 affidavit of support along with his wife's application).
Today he got an email update from USCIS confirming that his 485 is approved. Since he doesnt know his wife's 485 status yet, he is not even sure if his wife's application is receipted or acknowledged as a dependent to his application. From Fedex, he can confirm that it reached the Nebraska CIS office on July 19th.
Considering his wife's application did go to the NSC center(7/19) before his 485 is approved(9/26), does this mean his wife is in-status or out-of-status(wife is on H-4 dependent visa). Their were not prepared for this news so soon and hence would appreciate any alternatives they can pursue.
My friend has a unique situation. Please help out with your advise.
He had earlier applied for 485 in 2005(before October retrogression) and didnt get a chance to add his wife until the July bulletin(as he got married only after filing 485 and his PD was not current until the July 17th). His wife's application is now filed with the NSC center on 7/19th(didnt recieve the receipt notice yet) as a add-on and as a dependent for his original 485 application(he submitted I-134 affidavit of support along with his wife's application).
Today he got an email update from USCIS confirming that his 485 is approved. Since he doesnt know his wife's 485 status yet, he is not even sure if his wife's application is receipted or acknowledged as a dependent to his application. From Fedex, he can confirm that it reached the Nebraska CIS office on July 19th.
Considering his wife's application did go to the NSC center(7/19) before his 485 is approved(9/26), does this mean his wife is in-status or out-of-status(wife is on H-4 dependent visa). Their were not prepared for this news so soon and hence would appreciate any alternatives they can pursue.
more...
bah9422
10-17 08:20 PM
you can expedite your AP by submitting proof of emergency situation like if someone is critically sick back in india.call USCIS and they will give you fax#.you will need to fax doctors letter and copy of AP receipt notice.it takes around 10 days for approval.
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santiwar
07-24 11:15 PM
I contributed once in the past for (100 Bucks). I am feeling the pinch lately because of all these I-485 filing expenses ( i know, it does sound like a lame excuse :p ). Rest assured, will be contributing in the future..
more...
kumsoft
08-20 07:51 PM
i am july 2nd filer with PD Sept 2005.
I-140 approved in March 2006
I-140 approved in March 2006
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andhrawala
08-23 09:20 PM
Hi overseas,
Thanks for your reply. I also wasted 2 weeks and finally sent my EAD application on Sat'day on Nebraska service as my state OH falls under it's jurisdiction.
At least, we can say that we followed the uscis instructions if we get any query.
Thanks for your reply. I also wasted 2 weeks and finally sent my EAD application on Sat'day on Nebraska service as my state OH falls under it's jurisdiction.
At least, we can say that we followed the uscis instructions if we get any query.
more...
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anreddy77
07-09 11:04 PM
I feel there is no better country than India in the long run..believe me!!!
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akilhere
09-02 10:11 AM
I'm just curious as there has been approvals contrary to the bulletins in the years before. Please don't flame me as i'm just looking for any signs of hope around the corner for the EB3 folks.
more...
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snathan
05-04 12:00 AM
Hi my father lost his passport at the airport today and with it his I94 and US B1 visa. We do have scanned copies of his US Visa and Passport. I would appreciate any pointers on the following question -
1. What are my next steps?
2. I figured from browsing few sites that he needs to apply for I94 - does any one know of any vague ETA there?
3. Would he have to go through his visa stamping again?
Much apprecaite your reply.
-
I am not sure about the next steps regarding the visa. I guess you might to need to file police complaint about the loss of passport and inform Indian consulate. Did you check the USCIS web site for the visa.
1. What are my next steps?
2. I figured from browsing few sites that he needs to apply for I94 - does any one know of any vague ETA there?
3. Would he have to go through his visa stamping again?
Much apprecaite your reply.
-
I am not sure about the next steps regarding the visa. I guess you might to need to file police complaint about the loss of passport and inform Indian consulate. Did you check the USCIS web site for the visa.
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psaxena
03-03 03:13 PM
Seems to me like a planned execution to torture and frustrate us.
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rsayed
04-26 06:50 PM
Be careful with what you post on this thread.
Assume that all such threads that have lawmakers name in title may be read by someone in their staff so BE VERY CAREFUL in posting stuff that is a comment on any lawmaker.
Restrain would be a good idea.
I agree...
Assume that all such threads that have lawmakers name in title may be read by someone in their staff so BE VERY CAREFUL in posting stuff that is a comment on any lawmaker.
Restrain would be a good idea.
I agree...
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jliechty
November 9th, 2004, 10:42 AM
I have browsed at two local specialist camera stores but the only digitals were either very old or cost more than I can buy new on line.:(
When you buy a film camera, you can "upgrade" the image quality, up to a certain point, by buying different film. With a digital SLR, you're essentially buying the camera plus a certain (but unknown) amount of "film." Any camera will fail at some point in time, but the general probability is that the shutter of a $1000 film camera will last a while longer than the shutter of a $1000 digital camera (the former would be a pro model, while the latter is basically amateur or lower end prosumer).
What I'm not trying to do is convince you to buy a film SLR. I have one, and would upgrade to a DSLR at the drop of a hat if I could afford it. What I am attempting to caution you about, is that a used DSLR will come with no reasonable warranty, and a certain (unknown) amount of the "film" already used up. Given the apparent "free"-ness of digital capture, lots of people shoot thousands of frames per day without thinking (I have nothing against pros who need to "machine gun" it to capture the right moment in sports - this rant was against amateurs who shoot tons of frames without any thought, hoping something good may come out by chance). Thus, you have no idea how much life will be left in a used DSLR when you buy it, and more likely than not, there will be no guarantee if it does fail. It's like buying expired film on ebay... risky, but you pays your money and you takes your choice.
When you buy a film camera, you can "upgrade" the image quality, up to a certain point, by buying different film. With a digital SLR, you're essentially buying the camera plus a certain (but unknown) amount of "film." Any camera will fail at some point in time, but the general probability is that the shutter of a $1000 film camera will last a while longer than the shutter of a $1000 digital camera (the former would be a pro model, while the latter is basically amateur or lower end prosumer).
What I'm not trying to do is convince you to buy a film SLR. I have one, and would upgrade to a DSLR at the drop of a hat if I could afford it. What I am attempting to caution you about, is that a used DSLR will come with no reasonable warranty, and a certain (unknown) amount of the "film" already used up. Given the apparent "free"-ness of digital capture, lots of people shoot thousands of frames per day without thinking (I have nothing against pros who need to "machine gun" it to capture the right moment in sports - this rant was against amateurs who shoot tons of frames without any thought, hoping something good may come out by chance). Thus, you have no idea how much life will be left in a used DSLR when you buy it, and more likely than not, there will be no guarantee if it does fail. It's like buying expired film on ebay... risky, but you pays your money and you takes your choice.
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unknown123
01-02 07:34 PM
Hello All,
Just curious and needed your opinion. My wife has a valid H4 status until 2010 (no visa but petition approved). She used her EAD card for all of 5 days about a year ago and then has not worked since then. I am confused if I need to apply for renewal of her EAD to maintain her legal status in the country considering having used EAD for 5 days might have triggered her out of H4 status. Any thoughts on this? Do i need to renew her EAD to maintain her legal status in the country even with a valid H4 petition until 2010? We also have 485 petition filed and pending over 180 days. I am wondering if it is required for a person with 485 pending for over 180 days to always maintain a valid EAD card even though they are not employeed. Thank you all in advance.
No it is not required to maintain valid EAD if you are in AOS.
Just curious and needed your opinion. My wife has a valid H4 status until 2010 (no visa but petition approved). She used her EAD card for all of 5 days about a year ago and then has not worked since then. I am confused if I need to apply for renewal of her EAD to maintain her legal status in the country considering having used EAD for 5 days might have triggered her out of H4 status. Any thoughts on this? Do i need to renew her EAD to maintain her legal status in the country even with a valid H4 petition until 2010? We also have 485 petition filed and pending over 180 days. I am wondering if it is required for a person with 485 pending for over 180 days to always maintain a valid EAD card even though they are not employeed. Thank you all in advance.
No it is not required to maintain valid EAD if you are in AOS.
gimme_GC2006
07-02 04:23 PM
they give a damn about it.
Why would people want to know what happened to people like us when they are busy watching coverage of what Paris hilton did in County jail.
Why would people want to know what happened to people like us when they are busy watching coverage of what Paris hilton did in County jail.
chaki
02-11 04:24 PM
I know this question has been dealt with in different contexts. However I have not found a clear answer to my situation below. I would truly appreciate if any one has a definite idea about it.
My labor has cleared (Eb3) and so is my I-140. If I take up a large promotion which is part technical and part managerial can I simply refile my labor under Eb2 and reuse my old priority date. I had a masters (MBA) and 3 years of experience at the time of joining my current company but my labor was filed saying that Masters + 1 yr or Bachelors + 3 yrs was enough thereby making it an Eb3.
If my company refiles under Eb2 will the experience gained under the current company counts. If not will it be enough to say on the new application that Masters + 3 yrs is required for the new position offered.
Thanks,
Chaki
My labor has cleared (Eb3) and so is my I-140. If I take up a large promotion which is part technical and part managerial can I simply refile my labor under Eb2 and reuse my old priority date. I had a masters (MBA) and 3 years of experience at the time of joining my current company but my labor was filed saying that Masters + 1 yr or Bachelors + 3 yrs was enough thereby making it an Eb3.
If my company refiles under Eb2 will the experience gained under the current company counts. If not will it be enough to say on the new application that Masters + 3 yrs is required for the new position offered.
Thanks,
Chaki
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