nlssubbu
01-10 01:29 PM
My wife's H1 is valid until 2009. We have to travel to Canada very soon and she will return on AP (EAD approved). Can she continue on H1 for the sponsoring company as it is or any amendment/filing has to be done to regain the H1 status. I dont want her to switch to EAD (just in case things go wrong down the lane)
I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
http://www.murthy.com/news/UDnewins.html
"An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."
Can some one please throw some light.
Thanks
She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.
Thanks
I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
http://www.murthy.com/news/UDnewins.html
"An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."
Can some one please throw some light.
Thanks
She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.
Thanks
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kittu1991
03-18 04:54 PM
She can apply for EAD now and once she gets it she can apply for SSN.
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sravani
05-24 10:28 AM
Honestly how many points we score really does not matter if the visa country cap is too low. Most of us, coming from India, China etc. score almost the same points and getting TOEFL is a piece of cake if you need to improve your points.
It's pointless to break our heads calculating these points, everything is in limbo right now and the only best advise for new GC aspirants especially those coming from retrogressed countries is "Get your priority date locked by applying LC under the old system".
It's pointless to break our heads calculating these points, everything is in limbo right now and the only best advise for new GC aspirants especially those coming from retrogressed countries is "Get your priority date locked by applying LC under the old system".
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raysaikat
05-24 05:43 PM
... My husband applied for GC and I have dependent EAD till Oct 2010 but then he moved out of USA last year ...
One point to add: If your husband did not get AP before going out and/or stayed outside for too long and/or did not file taxes in US, etc., then it is possible that he has abandoned his GC application, in which case the dependent's EAD also becomes invalid.
One point to add: If your husband did not get AP before going out and/or stayed outside for too long and/or did not file taxes in US, etc., then it is possible that he has abandoned his GC application, in which case the dependent's EAD also becomes invalid.
more...
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StuckInTheMuck
07-15 02:14 PM
H4 status ends the moment you start using EAD for employment. You would need to use AP for travel and re-entry.
This is correct. Status changes from H4 to AOS the moment one starts working on EAD.
This is correct. Status changes from H4 to AOS the moment one starts working on EAD.
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BharatPremi
10-10 12:10 PM
Q: �You are a citizen of India. You came in USA on H1B visa in year 2000.
Your employer filed your Green Card under EB3 � NON RIR category. Down
the road your company filed the Green Card for your Pakistani colleague
in year 2005 and in year 2006 November you came to know that your
Pakistani colleague became permanent resident as his GC application
approved. Upon hearing this news you get frustrated. What do you think
why your Green card is not yet approved? What could be the reasons
behind this long delay?
A: Sorry to hear that your ancestors did not migrate to Pakistan in 1947. :)
For that mistake what your ancestors did,USCIS is making you to pay the
price for that as now you have decided to become permanent resident of
USA.
O.K. Humor asides.
First reason:
It could be discriminatory country based limit - USCIS has implemented country based quota for India, Philippines, Mexico and China and each of this country has cap 7 % of total EB based applications
(Recommended top limit is 140000 visa applications worldwide).
Second reason:
In my opinion it could be as reported by various media that during first quarter of 2001 lot of unfair/ghost/bogus filing was done by many people under EB3and EB2 categories to take the advantage of AC21 law and so USCIS tightened the screws on processing method and make it a slow bleed strategy.
Third reason:
Somehow EB3 India category has to face heaviest retrogression historically from year 2001 to 2003 end and from start of 2005 with comparison to other EB categories for labor approval as well as for visa number allotment process.
Fourth reason:
USCIS's decision to convert existing labor process administration (which was of two fold: state level approval and region level approval) into centralized administration by creating backlog centers on the name of streamlining and faster conclusions. This decision could easily introduce at least average 6 to 7 months of delay and more sluggishness.
Fifth reason:
Pakistan being a part of "Rest of the world" your colleague did not have to face severe retrogressions as rest of the world category did not face the typical severe retrogressions like what EB3 China-India-Mexico had to face and as it is there are less applicants from rest of the world with comparison to China and India for EB categories, your colleague did not have to face lot of competetion and wait within his category.
Your employer filed your Green Card under EB3 � NON RIR category. Down
the road your company filed the Green Card for your Pakistani colleague
in year 2005 and in year 2006 November you came to know that your
Pakistani colleague became permanent resident as his GC application
approved. Upon hearing this news you get frustrated. What do you think
why your Green card is not yet approved? What could be the reasons
behind this long delay?
A: Sorry to hear that your ancestors did not migrate to Pakistan in 1947. :)
For that mistake what your ancestors did,USCIS is making you to pay the
price for that as now you have decided to become permanent resident of
USA.
O.K. Humor asides.
First reason:
It could be discriminatory country based limit - USCIS has implemented country based quota for India, Philippines, Mexico and China and each of this country has cap 7 % of total EB based applications
(Recommended top limit is 140000 visa applications worldwide).
Second reason:
In my opinion it could be as reported by various media that during first quarter of 2001 lot of unfair/ghost/bogus filing was done by many people under EB3and EB2 categories to take the advantage of AC21 law and so USCIS tightened the screws on processing method and make it a slow bleed strategy.
Third reason:
Somehow EB3 India category has to face heaviest retrogression historically from year 2001 to 2003 end and from start of 2005 with comparison to other EB categories for labor approval as well as for visa number allotment process.
Fourth reason:
USCIS's decision to convert existing labor process administration (which was of two fold: state level approval and region level approval) into centralized administration by creating backlog centers on the name of streamlining and faster conclusions. This decision could easily introduce at least average 6 to 7 months of delay and more sluggishness.
Fifth reason:
Pakistan being a part of "Rest of the world" your colleague did not have to face severe retrogressions as rest of the world category did not face the typical severe retrogressions like what EB3 China-India-Mexico had to face and as it is there are less applicants from rest of the world with comparison to China and India for EB categories, your colleague did not have to face lot of competetion and wait within his category.
more...
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nik.patelc
10-23 06:36 PM
I m on h1b and my I485 application is pending. Also i have recieved EAD valid till Sept 2010. I m on H1 Visa status with current company. if i get laid off, how do i move my status from H1 to EAD after layoff?
I m planning to take 2 or 3 months break if i get layoff and then plan to find another job on EAD. Is there any problem to assume ,my status will be automatically change to EAD if i get layoff while on h1.
I m planning to take 2 or 3 months break if i get layoff and then plan to find another job on EAD. Is there any problem to assume ,my status will be automatically change to EAD if i get layoff while on h1.
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bathuzp
11-10 10:39 AM
Hi All,
I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master’s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
The notice states:
"……..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."
Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.
Now here my questions:
1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?
2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!
3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?
4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?
5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.
6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?
7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?
We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.
I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master’s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
The notice states:
"……..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."
Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.
Now here my questions:
1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?
2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!
3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?
4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?
5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.
6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?
7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?
We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.
more...
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billu
08-21 08:54 AM
I agree with rajuram. We are all tax payers. The whole concept of democracy is taxation with representation. People who get paid from my tax dollars are answerable to me as much as they are to anyone else. Even when cis is not forcing me to file gc, its still equally answerable to me for my tax dollars to tell me why they are not doing their jobs properly. And for that cis owes us all apology. What's wrong with that?
"doing their jobs properly" is a very subjective term......they believe that they are doing the best that they can.......who is going to decide the parameters of "properly"?.......besides what is an apology going to do for us?.....if u get ur GC in 2020 and during the interim u get 10 apology letters,will it make the wait any easier?
"doing their jobs properly" is a very subjective term......they believe that they are doing the best that they can.......who is going to decide the parameters of "properly"?.......besides what is an apology going to do for us?.....if u get ur GC in 2020 and during the interim u get 10 apology letters,will it make the wait any easier?
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nrakkati
08-15 02:20 PM
Is your packet is signed by R.Williams? where is your I-140 approved? and what is your PD?
I don't know who signed mine. I don't see that info when I enter my tracking number in USPS.com
I did not purchase "signature" service when I mailed my package.
I don't know who signed mine. I don't see that info when I enter my tracking number in USPS.com
I did not purchase "signature" service when I mailed my package.
more...
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smisachu
07-05 07:29 PM
I would suggest a hand gun. A .22 caliber is more than effective if it is a deterrent that you are seeking. The .22 does not have much range, but it is very small and has no recoil.
A 9mm like a Glock is a little advanced but will need practice to use as it has quite some recoil. A .44 desert eagle or Magnum is going over board. You can go to a gun show near you so you can see and feel and learn all about guns before you go to a gun store.
Please follow all legal rules when buying/owning and carrying a weapon. Please get trained well at a local shooting range. You can find information about a shooting range near you and about safety training at NRA (http://www.nra.org).
A study shows that in the event of a confrontation with gangs etc it is more likely that you will be injured or die if you pull a gun as opposed to not pulling one.
So do your home work and make an educated decission. Make sure you buy a safe for keeping the gun in your house especially if you have kids.Never keep the gun and the rounds together. If you are going to pack, make sure you go to your local police and let them instruct on how to carry a concealed fire arm. You will have to carry an empty gun in the glove with the rounds in the trunk for example.
Finally my post is in no way advising you to buy a gun or use it. A disclaimer to cover my rear end. If you have any specific questions about gun models I can advice you if I know. I am a member of the NRA and has been using guns in sporting events for many years.
For self protection.
However I have no clue about Guns... I am thinking about asking the Gun store owner and get more info about them.
For me Guns are like a computer is to my 90 years old Grandpa!
A 9mm like a Glock is a little advanced but will need practice to use as it has quite some recoil. A .44 desert eagle or Magnum is going over board. You can go to a gun show near you so you can see and feel and learn all about guns before you go to a gun store.
Please follow all legal rules when buying/owning and carrying a weapon. Please get trained well at a local shooting range. You can find information about a shooting range near you and about safety training at NRA (http://www.nra.org).
A study shows that in the event of a confrontation with gangs etc it is more likely that you will be injured or die if you pull a gun as opposed to not pulling one.
So do your home work and make an educated decission. Make sure you buy a safe for keeping the gun in your house especially if you have kids.Never keep the gun and the rounds together. If you are going to pack, make sure you go to your local police and let them instruct on how to carry a concealed fire arm. You will have to carry an empty gun in the glove with the rounds in the trunk for example.
Finally my post is in no way advising you to buy a gun or use it. A disclaimer to cover my rear end. If you have any specific questions about gun models I can advice you if I know. I am a member of the NRA and has been using guns in sporting events for many years.
For self protection.
However I have no clue about Guns... I am thinking about asking the Gun store owner and get more info about them.
For me Guns are like a computer is to my 90 years old Grandpa!
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eilsoe
10-20 07:51 AM
What makes Painter different from Photoshop?
I've never tried/seen Painter before...
Any odds'n ends in Painter that Photoshop doesn't have?
I've never tried/seen Painter before...
Any odds'n ends in Painter that Photoshop doesn't have?
more...
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immig4me
04-14 08:17 AM
Problem is they do not report it on froum or tracker, and leave the forum for ever... because they know there will be a lot of people asking questions or making them miserable by trying to prove them wrong... go figure...
Be + ive...
True Story!!!:cool:
Very true! They will count their blessings and forget the bad taste of long waits.......
I am not sure that gc's without pds happen though
Be + ive...
True Story!!!:cool:
Very true! They will count their blessings and forget the bad taste of long waits.......
I am not sure that gc's without pds happen though
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leslie535
02-28 11:00 AM
hey unitednations:
She had the B visa all along so there is no issue of her telling the truth or not on the visa app.
I have looked into the V visa before as well, and as we know, it is not applicable since I filed the I-130 July, 2006.
The present situation is that we just booked a ticket for her and the baby to head home on March 17th (the I-94 expires March 24th.) The hope is to receive good news on the grad school application and commence the work on the F-1. Thanks for your inputs so far guys..
Leslie
She had the B visa all along so there is no issue of her telling the truth or not on the visa app.
I have looked into the V visa before as well, and as we know, it is not applicable since I filed the I-130 July, 2006.
The present situation is that we just booked a ticket for her and the baby to head home on March 17th (the I-94 expires March 24th.) The hope is to receive good news on the grad school application and commence the work on the F-1. Thanks for your inputs so far guys..
Leslie
more...
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sravani
05-22 12:25 PM
I also think this is a good idea, 10 days will not make much difference. Please help other members people.... Who knows, if there are too many applications USCIS might decide to not move dates in the July Visa Bulletin.
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Bezzer
09-06 10:51 AM
wow nice spalsh page...:)
So wot can u do with pixel stretching? stretch pixels?
So wot can u do with pixel stretching? stretch pixels?
more...
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eb3India
05-21 11:56 AM
I am new here and I have few questions to IV core members.
Did we consider any other avenues find out is there any way out to influence DOS visa availability.
How did Nurses was able to accomodate their visa numbers without any bills are ammendments ( I know there is lot of demand for nurses)
you guys are doing a great job lobbying congressmen, but I think we should also consider finding out how current law if implemented properly can reduce the backlog and reduce retrogression.
for example we should make sure 245i case should not effect our visa numbers, I belive we can work these hurdles while we wait for current immigration debate to complete.
I called several senators last week and discussed with their immigration specialist, I got a feeling this debate is more about illegal aliens and about hispanic votes not many of them are considering legal aliens and issues.
Did we consider any other avenues find out is there any way out to influence DOS visa availability.
How did Nurses was able to accomodate their visa numbers without any bills are ammendments ( I know there is lot of demand for nurses)
you guys are doing a great job lobbying congressmen, but I think we should also consider finding out how current law if implemented properly can reduce the backlog and reduce retrogression.
for example we should make sure 245i case should not effect our visa numbers, I belive we can work these hurdles while we wait for current immigration debate to complete.
I called several senators last week and discussed with their immigration specialist, I got a feeling this debate is more about illegal aliens and about hispanic votes not many of them are considering legal aliens and issues.
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absaarkhan
01-10 04:28 PM
You Can work for the same Employer On H1 even after entering US on AP.
It is NOT clear Yet if we can file for H1 Transfer with another employer after entering US on Advance Parole.
Please let us know if anybody has done this successfully.
It is NOT clear Yet if we can file for H1 Transfer with another employer after entering US on Advance Parole.
Please let us know if anybody has done this successfully.
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DSLStart
07-28 02:54 PM
Same thing happened to me. I had posted it last week. My VSC approved 140 got transferred to TSC last week and today got email that the case is now pending. 485 was orignally filed at VSC that got transfered to TSC in March 2007.
Do you think something is cooking? ;)
Hi Everyone,
My I140 which has been approved for more than 4 years now was transferred from Texas to Nebraska.
Trying to find the method in USCIS madness - has this happened to anyone else also and any reason why they might suddenly have decided to do this?
One reason I can think of is my 485s are in NE so maybe they are trying to consolidate all information in one file??
Appreciate peoples inputs.
Do you think something is cooking? ;)
Hi Everyone,
My I140 which has been approved for more than 4 years now was transferred from Texas to Nebraska.
Trying to find the method in USCIS madness - has this happened to anyone else also and any reason why they might suddenly have decided to do this?
One reason I can think of is my 485s are in NE so maybe they are trying to consolidate all information in one file??
Appreciate peoples inputs.
rajenk
10-11 01:11 PM
Consult with your current company immigration attorney and find out why your current job will not qualify for EB2.
Just in case start your EB3 GC and port your PD to this new GC I-140. That will help you with the H1B renewal for 3 years. You have got 14 more months. you should be able to get I-140 filed by then, do a premium for I-140 to get it approved by the time you renew your H1B.
Renewing your H1B based on the revoked I-140 would be risky.
Just in case start your EB3 GC and port your PD to this new GC I-140. That will help you with the H1B renewal for 3 years. You have got 14 more months. you should be able to get I-140 filed by then, do a premium for I-140 to get it approved by the time you renew your H1B.
Renewing your H1B based on the revoked I-140 would be risky.
sixburgh
08-13 10:46 AM
History:
- My h1 stamp on passport was expired, but my H1 renewal has always been done and was valid at all times.
- Wife had entered USA on H4 (2005)
- In July 2007, we both got a chance to apply for 485, EAD and AP
- Since then I switched to EAD, wife too started working on EAD
- But my company also kept renewing my H1
- During the last H1 renewal, in-house immigration lawyer suggested that I should renew my wife's H4 too and we sent both renewal requests in the same package.
- We both received our h1 and h4 notices.
- Now it was time for me, to go to India for visiting my parents. I recently had applied and received my AP. When I asked my lawyer what should I use to re-enter USA, he suggested that even though I am on EAD, since I already have an H1 approval document, I should go to US consulate in India, get a H1 stamp and re-enter on H1.
- This is what I did, I got a stamp and entered USA now on H1.
- Note that my wife continued to remain in USA and worked on EAD.
- Please also note that our EAD's are expiring soon and I am still waiting for them to arrive from NSC.
- Since I entered on H1 and now using H1 on i9, I wont use my EAD, I will just keep it handy for any possible future use
- But once wife gets EAD, she will continue to use it to work.
Question for fellow IV members :
By merely renewing my wife's H4, while she was still working on EAD, did she automatically get switched to H4?
(My understanding is that, unless one re-enters BACK into the USA on h1 or h4, no automatic switch is possible)
(I am also under this impression that unless I really file for a CHANGE OF STATUS form, specifically stating that my wife wants to change status to H4, she will continue to be under AOS/EAD)
Someone in my office is scaring me that by merely renewing her H4, I have switched her to H4 and that since the renewal arrived, her working has created something called "illegally working on H4".
Can someone shed some light on this: Am I right or wrong?
Does this affect her or mine, pending 485/AOS ?
- My h1 stamp on passport was expired, but my H1 renewal has always been done and was valid at all times.
- Wife had entered USA on H4 (2005)
- In July 2007, we both got a chance to apply for 485, EAD and AP
- Since then I switched to EAD, wife too started working on EAD
- But my company also kept renewing my H1
- During the last H1 renewal, in-house immigration lawyer suggested that I should renew my wife's H4 too and we sent both renewal requests in the same package.
- We both received our h1 and h4 notices.
- Now it was time for me, to go to India for visiting my parents. I recently had applied and received my AP. When I asked my lawyer what should I use to re-enter USA, he suggested that even though I am on EAD, since I already have an H1 approval document, I should go to US consulate in India, get a H1 stamp and re-enter on H1.
- This is what I did, I got a stamp and entered USA now on H1.
- Note that my wife continued to remain in USA and worked on EAD.
- Please also note that our EAD's are expiring soon and I am still waiting for them to arrive from NSC.
- Since I entered on H1 and now using H1 on i9, I wont use my EAD, I will just keep it handy for any possible future use
- But once wife gets EAD, she will continue to use it to work.
Question for fellow IV members :
By merely renewing my wife's H4, while she was still working on EAD, did she automatically get switched to H4?
(My understanding is that, unless one re-enters BACK into the USA on h1 or h4, no automatic switch is possible)
(I am also under this impression that unless I really file for a CHANGE OF STATUS form, specifically stating that my wife wants to change status to H4, she will continue to be under AOS/EAD)
Someone in my office is scaring me that by merely renewing her H4, I have switched her to H4 and that since the renewal arrived, her working has created something called "illegally working on H4".
Can someone shed some light on this: Am I right or wrong?
Does this affect her or mine, pending 485/AOS ?
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