indyanguy
07-31 11:17 AM
You are not. EAD is basically for spouse. Primary applicant need to be careful on using EAD.
When you say careful, what do you think needs to be avoided? What are the dos and dont's of a primary applicant who wants to use their EAD?
When you say careful, what do you think needs to be avoided? What are the dos and dont's of a primary applicant who wants to use their EAD?
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sgupta33
03-20 03:56 PM
bump
prem_goel
11-25 01:27 PM
Dipika,
Please make sure to add a disclaimer if your post has not been helpful and creates unnecessary panic ;) (For ex: Don't blame IV if that happens )
Please make sure to add a disclaimer if your post has not been helpful and creates unnecessary panic ;) (For ex: Don't blame IV if that happens )
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txh1b
08-18 02:48 PM
now this is weird... aside from the poster's main question: why does uscis want proof of *continuous employment* since the poster filed for 485? all they should care about is the future job... isnt that right? why do they want employment history?
willIWill, can you please post the exact wording on your RFE regarding that point?
It is not. It is very much relevant to the case as he has not added the spouse to the I485. If the person has not been continuously maintaining the non immigrant visa status, the spouse is out of status as the 485 has not been filed and is not eligible to hold H4 status.
Also, if the person has travelled on as a parolee, USCIS may be interested in that as well. You never know what the IO is getting into when they issue the RFE. Do not judge or give the OP a feeling that the RFE is irrelevant. It is, in many ways.
willIWill, can you please post the exact wording on your RFE regarding that point?
It is not. It is very much relevant to the case as he has not added the spouse to the I485. If the person has not been continuously maintaining the non immigrant visa status, the spouse is out of status as the 485 has not been filed and is not eligible to hold H4 status.
Also, if the person has travelled on as a parolee, USCIS may be interested in that as well. You never know what the IO is getting into when they issue the RFE. Do not judge or give the OP a feeling that the RFE is irrelevant. It is, in many ways.
more...
ivy55
07-17 09:26 PM
How did you open Expedite SR, I opened SR nearly five times, took two InfoPass, yet not FP ?
puja101
07-11 01:24 PM
I received RFE today that says" your application contained form I-693 in which the required TB skin test was not conducted. Please note there may be conflicting information on some published form I-693 instructions regarding when the chest X ray Report should be performed. It is required only when the TB skin test indicates a reaction equal to greater than 5 mm, or when the reason for why the TB skin test is medically inappropriate to perform has been annotated on theform I-693. Please submit a newly completed form I-693 indicating the results of the required skin test.
On Form I-485 Part3 C list present and past membership in or affliation with every organization, fund.......If none, write "NONE" or include name of organization.....Provide your answer on the photocopy of FormI-485 (enclosed) with your signiture and the date next to your answer"
I did TB skin test in 2007 that came negative and it appears to me, civil surgeon did not updated results on I-693 form. Today, I got sealed envelop from doctor and she has updated TB test results conducted in 2007 on new I-693 form. Is that ok or I need to do new TB skin test? Please let me know.
On checking copy of original I-485, I had answered Part3 C with "NON" instead of "NONE".I have few questions on this:
1.Visa Office did not enclose photo copy of Form I-485 as was stated in the RFE letter.Should I send photo copy of original I-485 with correction and signiture on it?
2. Do I need to send them only this page of Form I-485 or complete I-485 form?
Please help.
On Form I-485 Part3 C list present and past membership in or affliation with every organization, fund.......If none, write "NONE" or include name of organization.....Provide your answer on the photocopy of FormI-485 (enclosed) with your signiture and the date next to your answer"
I did TB skin test in 2007 that came negative and it appears to me, civil surgeon did not updated results on I-693 form. Today, I got sealed envelop from doctor and she has updated TB test results conducted in 2007 on new I-693 form. Is that ok or I need to do new TB skin test? Please let me know.
On checking copy of original I-485, I had answered Part3 C with "NON" instead of "NONE".I have few questions on this:
1.Visa Office did not enclose photo copy of Form I-485 as was stated in the RFE letter.Should I send photo copy of original I-485 with correction and signiture on it?
2. Do I need to send them only this page of Form I-485 or complete I-485 form?
Please help.
more...
delax
08-06 11:59 AM
It is EB2, labor approval date is my PD - No idea, why profile does not show up.
Wow! Another 2006 approval. Congrats!
Wow! Another 2006 approval. Congrats!
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surabhi
06-19 07:25 AM
Folks,
I am due for an EAD renewal. However, my I-485 Receipt Notice got lost in mail. :(
Can I still e-file. A lot of you said, we have to send a copy of the receipt notice as a supporting document. Can I do without it.
Any pointers would be really appreciated.
Thank You
-Bipin
I-485 reciepts are not part of required supporting documentation.
http://www.uscis.gov/files/form/I-765instr.pdf
see page 6:
This is for paper filing.
Need front and back of EAD card
2 photos
$340 check or None as applicable
i-485 receipt notices are required only for first time filers not filing along with I485.
I am due for an EAD renewal. However, my I-485 Receipt Notice got lost in mail. :(
Can I still e-file. A lot of you said, we have to send a copy of the receipt notice as a supporting document. Can I do without it.
Any pointers would be really appreciated.
Thank You
-Bipin
I-485 reciepts are not part of required supporting documentation.
http://www.uscis.gov/files/form/I-765instr.pdf
see page 6:
This is for paper filing.
Need front and back of EAD card
2 photos
$340 check or None as applicable
i-485 receipt notices are required only for first time filers not filing along with I485.
more...
Munna Bhai
07-12 07:51 AM
Hello,
Myself and my spouse are on H1b. I am on H1b(industry) and my Spouse H1b is through non-profit.
Please let us know how best we can be a backup for each other in case of any unavoidable circumstances.
a)If I get laid-off or fired, can I jump to H4 and then come back to H1b without being subjected to cap?
b)What are the other backup plans we can have.
thanks for your time.
-M
Myself and my spouse are on H1b. I am on H1b(industry) and my Spouse H1b is through non-profit.
Please let us know how best we can be a backup for each other in case of any unavoidable circumstances.
a)If I get laid-off or fired, can I jump to H4 and then come back to H1b without being subjected to cap?
b)What are the other backup plans we can have.
thanks for your time.
-M
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hebron
06-14 02:22 PM
Hello All,
My EB3 PD is September 2004 with no end in sight. I was promoted to Principal Software Engineer back in 2007 and would like to know if I can port my EB3 to EB2. I have a Masters degree with 13 years of experience. I have been working with the current employer since 2002 (8 years experience).
I asked my attorney for his advice and he responded with the following: "If you have been promoted to a position for which the company normally requires a Masters degree (or a Bachelors and five years of experience), and we can prove it, then we can certainly do the labor certification again as an EB-2 and we can upgrade the I-140 to an EB-2. The key is being able to prove that it is truly the company�s requirement for the job. Otherwise, we all end up with potential problems for fraud and you may NEVER get the permanent residence."
My question is if anything goes wrong with the porting process, can I fall back to my current EB3 without any issues? Has anybody ported from EB3 to EB2 working with the same employer? If so, could you provide some insight into this?
Thanks.
My EB3 PD is September 2004 with no end in sight. I was promoted to Principal Software Engineer back in 2007 and would like to know if I can port my EB3 to EB2. I have a Masters degree with 13 years of experience. I have been working with the current employer since 2002 (8 years experience).
I asked my attorney for his advice and he responded with the following: "If you have been promoted to a position for which the company normally requires a Masters degree (or a Bachelors and five years of experience), and we can prove it, then we can certainly do the labor certification again as an EB-2 and we can upgrade the I-140 to an EB-2. The key is being able to prove that it is truly the company�s requirement for the job. Otherwise, we all end up with potential problems for fraud and you may NEVER get the permanent residence."
My question is if anything goes wrong with the porting process, can I fall back to my current EB3 without any issues? Has anybody ported from EB3 to EB2 working with the same employer? If so, could you provide some insight into this?
Thanks.
more...
drak70
03-08 10:42 AM
Here is my experience
My 140 got denied. 485 showed was pending online. I maintained my visa status separately at all times and I filed and MTR within 30 days .t never got denied online at least
As per my discussion with 2 big shot lawyers office. While I-485 denial usually follows I-140 denial, they are NOT automatically done by the computer. ie someone opens your 485 file and signs off on the denial, based on 140 denial
In the MTR filing the lawyers specially requested that the 485 filed concurrently be also reopened consistent with the decision of the MTR.in my case MTR was successfull 140 got approved and 485 also got approved after 6 months
In your case keeping working on EAD is dangerous because 485 denial will and can occur anytime and it will leave you scrambling for status cover.Dont depend on online status check. My temp GC was stamped by USCIS even though it shows pending online
My 140 got denied. 485 showed was pending online. I maintained my visa status separately at all times and I filed and MTR within 30 days .t never got denied online at least
As per my discussion with 2 big shot lawyers office. While I-485 denial usually follows I-140 denial, they are NOT automatically done by the computer. ie someone opens your 485 file and signs off on the denial, based on 140 denial
In the MTR filing the lawyers specially requested that the 485 filed concurrently be also reopened consistent with the decision of the MTR.in my case MTR was successfull 140 got approved and 485 also got approved after 6 months
In your case keeping working on EAD is dangerous because 485 denial will and can occur anytime and it will leave you scrambling for status cover.Dont depend on online status check. My temp GC was stamped by USCIS even though it shows pending online
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jasmin45
08-08 02:39 PM
Hi -
I have seen many scary posts where ppl are asked for W2, Pay stubs etc before filing I-485. What abt after filing I-485? .suppose if I end up being on bench then am I out of status? Pl let me know...It will be a long wait I am not sure it will be easy for us to predit the un-expected......
Please let me know...
Its always safe to have paystubs for atlease 180 days after your 485 receipt date. If they call you for an interview at local office during adjudication, which may happen after anywhere from weeks, months, or years, there are chances that you may be asked to produce paystubs starting from month before interview date all the way back to your first H1 entry into US.
Please do not open new threads for these question for which there are several thread opened and are being discussed thru. Why don't you ask this question on one of those post?
I have seen many scary posts where ppl are asked for W2, Pay stubs etc before filing I-485. What abt after filing I-485? .suppose if I end up being on bench then am I out of status? Pl let me know...It will be a long wait I am not sure it will be easy for us to predit the un-expected......
Please let me know...
Its always safe to have paystubs for atlease 180 days after your 485 receipt date. If they call you for an interview at local office during adjudication, which may happen after anywhere from weeks, months, or years, there are chances that you may be asked to produce paystubs starting from month before interview date all the way back to your first H1 entry into US.
Please do not open new threads for these question for which there are several thread opened and are being discussed thru. Why don't you ask this question on one of those post?
more...
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Green.Tech
03-03 12:36 PM
Hi everyone, I am seeking some help:
-My wife's Labor Certification was approved on Oct-09-2006
-Priority Date: April-30-2001
We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.
Sounds like you are one of those fake profiles.
No answer for you. Come back 1 year! (I hope you watch Seinfeld) :)
-My wife's Labor Certification was approved on Oct-09-2006
-Priority Date: April-30-2001
We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.
Sounds like you are one of those fake profiles.
No answer for you. Come back 1 year! (I hope you watch Seinfeld) :)
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gbof
04-08 02:52 PM
Question regarding Current Immigration Status field on EAD renewal form:
I am applying for EAD renewal for my spouse. Currently she is on H-4 but I am soon planning to use EAD to start another job. I guess my spouse's status will also change from H-4 to AOS (I guess) at the same time. What should be current immigration status for my spouse when I have already started working on another job using EAD.
BTW, I used paper filing for both of us.
Thanks for your input.
I assume you are primary and she is derivative (as she is on H4). Now, If she has filed I-485, she is already in AOS irrespective of the fact that she is not using EAD.
I am applying for EAD renewal for my spouse. Currently she is on H-4 but I am soon planning to use EAD to start another job. I guess my spouse's status will also change from H-4 to AOS (I guess) at the same time. What should be current immigration status for my spouse when I have already started working on another job using EAD.
BTW, I used paper filing for both of us.
Thanks for your input.
I assume you are primary and she is derivative (as she is on H4). Now, If she has filed I-485, she is already in AOS irrespective of the fact that she is not using EAD.
more...
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vts31
10-20 10:08 PM
correct...and holy crap u have a lot of posts!
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go_getter007
12-19 05:18 PM
I withdrew my EB1 485 prior to filing EB3 485. Moreover, I specifically wrote on my EB3 485 form about my EB1 485 withdrawal and gave prior A#'s as well. I was assigned the same A# in EB3 but my wife got a different number from EB1.
GG_007
Multiple I-485 Filings Not Advisable
�MurthyDotCom
While the immigration regulations do not prohibit filing more than one I-485 for the same applicant, and the USCIS cannot provide guidance or advice for filing multiple I-485s, an applicant can adjust his or her status based only on one I-485 application. Therefore, submitting more than one filing at any given time potentially could result in problems. The USCIS could request that one set of adjustment applications be withdrawn, that the two applications be combined into one, fingerprints and security checks many not be conducted on both filings, or one set of I-485 applications could be denied. Thus, it is almost always advisable not to have multiple I-485s pending at the same time.
I also have the information that if you have pending I-485 and will try to switch to the consular processing, I-485 will be automatically withdrawn as "duplicate" visa petition.
GG_007
Multiple I-485 Filings Not Advisable
�MurthyDotCom
While the immigration regulations do not prohibit filing more than one I-485 for the same applicant, and the USCIS cannot provide guidance or advice for filing multiple I-485s, an applicant can adjust his or her status based only on one I-485 application. Therefore, submitting more than one filing at any given time potentially could result in problems. The USCIS could request that one set of adjustment applications be withdrawn, that the two applications be combined into one, fingerprints and security checks many not be conducted on both filings, or one set of I-485 applications could be denied. Thus, it is almost always advisable not to have multiple I-485s pending at the same time.
I also have the information that if you have pending I-485 and will try to switch to the consular processing, I-485 will be automatically withdrawn as "duplicate" visa petition.
more...
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InTheMoment
02-09 11:30 PM
Hi
My status has changed recently from H4 to H1. I haven't got my H1 visa stamped in passport. I need to travel to India due to family emergency.
1. Can I get an emergency appointment?
---> Yes that is possible, check instructions for the consulate you plan to apply in.
2. Would I have any problem related to transit visa if travelling via Amsterdam or Frankfurt?
---->
Netherlands -- Please investigate here:
http://www.netherlands-embassy.org/article.asp?articleref=AR00000393EN
Germany -- do not need transit visa, read exception 4 clearly.
http://www.germany.info/relaunch/info/consular_services/visa/countrylist.html#except4
3. How long does it take to recieve the passport after stamping?
----> Depends on the mission/post, but by courier within 2 days
else the same day.
Any help would be greatly appreciated.
Thanks,
TEKNMEK
My status has changed recently from H4 to H1. I haven't got my H1 visa stamped in passport. I need to travel to India due to family emergency.
1. Can I get an emergency appointment?
---> Yes that is possible, check instructions for the consulate you plan to apply in.
2. Would I have any problem related to transit visa if travelling via Amsterdam or Frankfurt?
---->
Netherlands -- Please investigate here:
http://www.netherlands-embassy.org/article.asp?articleref=AR00000393EN
Germany -- do not need transit visa, read exception 4 clearly.
http://www.germany.info/relaunch/info/consular_services/visa/countrylist.html#except4
3. How long does it take to recieve the passport after stamping?
----> Depends on the mission/post, but by courier within 2 days
else the same day.
Any help would be greatly appreciated.
Thanks,
TEKNMEK
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zoozee
07-30 02:16 PM
Well said by andy garcia "Lawyer's Mercy", this journey to GC is filled with all kinda mercy from....
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samuel5028
04-05 05:35 AM
If its illegal, then you have to consult an attrony.
sathyaraj
10-09 05:45 PM
Yes. This is really useful. So when they say same are similar occupation. It does not really matter whether you are business analysts, systems analyst, configuration analyst, web-developer, architect, PM so long as it is in computer field as all these occupation codes start with 15-?????.
http://www.onetcodeconnector.org/ccreport/15-1051.00
I think there is lots of flexibility in changing jobs. I dont know why ppl talk about not taking promotions and stuck in the same job. AC21 clearly says that it should be in the same or similar occupation classification.
Any thougts?
http://www.onetcodeconnector.org/ccreport/15-1051.00
I think there is lots of flexibility in changing jobs. I dont know why ppl talk about not taking promotions and stuck in the same job. AC21 clearly says that it should be in the same or similar occupation classification.
Any thougts?
Ann Ruben
03-29 08:06 PM
Yes, if the I-140 has been approved, your brother is entitled to use the 2007 PD on any subsequent I-140.
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