EADchallenged
08-22 08:31 PM
Afsandyar, your link provides text that has existed for at least 3 months.
Where have you seen tha it is under discussion in the house. If this is true, it is great news, but I just hope it is true.
Where have you seen tha it is under discussion in the house. If this is true, it is great news, but I just hope it is true.
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niceguy
12-18 06:39 PM
So USCIS is still reviewing I-140 even at I-485 stage. That is scary if your I-485 is at different service center than your I-140 approval.
This is really a very scary ride. Hope we can all survive.
But one thing every one should remeber is not to relinquish their H1B status until you get your GC in hand. This is the easiest way to stay in status.
All the best..
This is really a very scary ride. Hope we can all survive.
But one thing every one should remeber is not to relinquish their H1B status until you get your GC in hand. This is the easiest way to stay in status.
All the best..
skd
08-11 11:20 AM
Here you go!
I have Sept 2004 date , I can not vote in both Polls
I have Sept 2004 date , I can not vote in both Polls
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thomachan72
05-10 02:06 PM
More like an idle mind ;)
Thanks. I started thinking whether the devil infact has grown more powerful that he is seeking new territory:D:D:D
Thanks. I started thinking whether the devil infact has grown more powerful that he is seeking new territory:D:D:D
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chi_shark
10-06 05:23 PM
i am going to do almost exactly what you are thinking in a matter of few days. i spoke to two lawyers. essentially, ac21 allows this and there is nothing that you have to really do. Of course, i am assuming that you are moving into a job that has the similar job duties as specified in your labor application. what you need to do is make 100% sure that you have documentation to prove this job duties similarity. if you are going to get an SOW from your client, make sure that the SOW is similar to your labor. if you can, do get a letter from your client (where you will do your actual work) stating your job responsibilities, work content etc. you will also need to document/prove actual existence of your business by showing your tax transactions, invoices/receipts etc. also, make sure that you are spending 40 hours (or whatever is the equivalent of a full time job) doing your labor certified job... all this will be required only if USCIS sends you an RFE or calls you for an interview.
wish you luck
I am working for a Fortune 500 company on H1 visa. I am switching to a startup and will now be using my EAD( GC status: I-485 with more than 180 days). I have the following questions.
1. Can I join as an individual contractor by myself directly with the company without going thru a 3rd party vendor?
2. I am offered a temporary contract position at an hourly rate every 15 days without deducting any taxes. I will have to pay my taxes at the end of the year by myself using the form sent by the employer. Does anyone have any such experience?
3. What formalities do I need to complete with the USCIS regarding this change in my status? Will it affect my green card process in any way?
I will really appreciate your help.
Thanks for the support.
wish you luck
I am working for a Fortune 500 company on H1 visa. I am switching to a startup and will now be using my EAD( GC status: I-485 with more than 180 days). I have the following questions.
1. Can I join as an individual contractor by myself directly with the company without going thru a 3rd party vendor?
2. I am offered a temporary contract position at an hourly rate every 15 days without deducting any taxes. I will have to pay my taxes at the end of the year by myself using the form sent by the employer. Does anyone have any such experience?
3. What formalities do I need to complete with the USCIS regarding this change in my status? Will it affect my green card process in any way?
I will really appreciate your help.
Thanks for the support.
maddipati1
11-20 07:02 PM
1) You CAN use the AP that is approved while you are out. However someone needs to courier the document to you before you can enter with it. I am doing the same thing with my Law Firm. You do not need the AP in hand to leave the US.
hari,
did your lawyer told you that u can go out of US while AP is still pending?
Krishna is correct. read the I-131 instructions carefully.
i am in the same boat. waiting for AP and trip planned with tight schedule.
hari,
did your lawyer told you that u can go out of US while AP is still pending?
Krishna is correct. read the I-131 instructions carefully.
i am in the same boat. waiting for AP and trip planned with tight schedule.
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crystal
08-28 04:08 PM
Either u need to ask your own lawyer or u need to ask the lawyer of the company where u going to join or do ur own research at risk
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pappu
08-29 09:12 AM
http://immigrationvoice.org/forum/showpost.php?p=49847&postcount=1
http://immigrationvoice.org/forum/showpost.php?p=20985&postcount=1
http://immigrationvoice.org/forum/showpost.php?p=20985&postcount=1
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srikondoji
06-12 09:06 PM
IV core shud approach republicans who are saying no amnesty to law breakers.
Let us approach them and convince them to bring amendments to reward law abiding people like us.
Let us approach them and convince them to bring amendments to reward law abiding people like us.
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glus
10-15 11:16 AM
There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.
EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.
The above is 100% correct. The immigration law does not "invalidate" H1 status if one uses EAD to work P/T or second job if All the H1 requirements are met and the person continues to work for H-1 sponsor at the same time. Then, one is still in H-1 valid status. If one leaves H1 employer or switches to a different employer LEAVING the original H1B employer by using EAD, then one is no longer in H-1 status.
EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.
The above is 100% correct. The immigration law does not "invalidate" H1 status if one uses EAD to work P/T or second job if All the H1 requirements are met and the person continues to work for H-1 sponsor at the same time. Then, one is still in H-1 valid status. If one leaves H1 employer or switches to a different employer LEAVING the original H1B employer by using EAD, then one is no longer in H-1 status.
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niraja74
07-23 12:44 AM
Hi,
I am going to file for I-485 as the PD is current for all till 17-Aug-2007. I got my LC was approved in Oct-2006 and I-140 in Feb-2007. I am working on H1B visa and my current H1B visa is expiring on 03-Jan-2008 (about 5 months left from now).
So can I apply for I-485 with less than 6 months left in my H1B? Although I still have 2 years left in my 6 year's counter.
Also if I apply for I-485 now without filing for H1B exension can I file for H1B extension later on say (in Sep. 2007)?
Thanks in advance.
Niraja
I am going to file for I-485 as the PD is current for all till 17-Aug-2007. I got my LC was approved in Oct-2006 and I-140 in Feb-2007. I am working on H1B visa and my current H1B visa is expiring on 03-Jan-2008 (about 5 months left from now).
So can I apply for I-485 with less than 6 months left in my H1B? Although I still have 2 years left in my 6 year's counter.
Also if I apply for I-485 now without filing for H1B exension can I file for H1B extension later on say (in Sep. 2007)?
Thanks in advance.
Niraja
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sukhyani
03-05 12:32 PM
Rest of the World.
The interview didn't last more than 10 minutes. She asked for copies of current employment letter and a copy of future employment offer letter. She kept my original (first) I-94 and attached it to the file she already had.
We were asked standard questions and additional proof of our relationship. We submitted copies of apartment lease, tax returns for 2006 (filed jointly).
'Have a nice day' is what she said to signal that the interview was over. On our way out I asked her if we are not supposed to get a decision today. She said she had to review a couple of things and that there's 'nothing to worry about' and we should receive written decision within 4 weeks. She did mention about 'a couple of security checks being pending'. I asked 'like name check and stuff', she said yes. I didn't say anything about that new memo regarding Name Check Pending for more than 180 days and just walked out quietly, because she didnt seem like she was going to take any more questions :)
Now I dont know what to do next? Any idea whats gonna happen? My PD, RD and ND all are current at this time.
The interview didn't last more than 10 minutes. She asked for copies of current employment letter and a copy of future employment offer letter. She kept my original (first) I-94 and attached it to the file she already had.
We were asked standard questions and additional proof of our relationship. We submitted copies of apartment lease, tax returns for 2006 (filed jointly).
'Have a nice day' is what she said to signal that the interview was over. On our way out I asked her if we are not supposed to get a decision today. She said she had to review a couple of things and that there's 'nothing to worry about' and we should receive written decision within 4 weeks. She did mention about 'a couple of security checks being pending'. I asked 'like name check and stuff', she said yes. I didn't say anything about that new memo regarding Name Check Pending for more than 180 days and just walked out quietly, because she didnt seem like she was going to take any more questions :)
Now I dont know what to do next? Any idea whats gonna happen? My PD, RD and ND all are current at this time.
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langagadu
07-31 09:34 PM
Totally confusing story. I am like Ram Gopal Varma (movie director), I don't know the end.
http://immigrationvoice.org/forum/348927-post14.html
Your situation may be real situation but the way you are describing is so confusing in the 2 threads.
Hello All,
I am here in Australia on a short visit with a recently approved United States Conditional GC.Before my interview for GC in July09,I had already received my visit visa ,Single entry to Australia with restrictions on entry and exit dates..(I couldnot enter Australia after Aug1st and I have to return to US before Oct23'09)/..
Now ,my concern is if I can travel to India and back to Australia .Does the single entry restrcition still apply for me ..even with a GC?....(at the Sydney airport,the IO stamped on my visit visa' Not valid for Further travel'..does that mean I cannot travel outside Australia and return?..I need to visit India..in Sept.but I am worried how ?
please advsie..
thank you
Tina
http://immigrationvoice.org/forum/348927-post14.html
Your situation may be real situation but the way you are describing is so confusing in the 2 threads.
Hello All,
I am here in Australia on a short visit with a recently approved United States Conditional GC.Before my interview for GC in July09,I had already received my visit visa ,Single entry to Australia with restrictions on entry and exit dates..(I couldnot enter Australia after Aug1st and I have to return to US before Oct23'09)/..
Now ,my concern is if I can travel to India and back to Australia .Does the single entry restrcition still apply for me ..even with a GC?....(at the Sydney airport,the IO stamped on my visit visa' Not valid for Further travel'..does that mean I cannot travel outside Australia and return?..I need to visit India..in Sept.but I am worried how ?
please advsie..
thank you
Tina
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msvnkk
03-03 10:14 AM
Hi I have a question in regard renewal of my expired passport can anyone help me in this regard please.
my question is if my permanenet address in india is changed. can we keep new permanent address in india. and do we need to submit any documents in regard of new address if so what might be
my question is if my permanenet address in india is changed. can we keep new permanent address in india. and do we need to submit any documents in regard of new address if so what might be
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starving_dog
07-13 01:37 PM
Your bank statement should back-up the deposit values for the five different pay periods. The pay-stubs will fly because the pay period encompasses the time span required.
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Dhundhun
05-01 12:20 PM
Hi Dhundhun,
I too have the same issue of not getting any RN nor the checks are cashed. Its been a month now. Today I called USCIS and they told me to wait for another month since no one has touched the application yet.
Thanks for this input. I'd call them around 10th of this month.
I too have the same issue of not getting any RN nor the checks are cashed. Its been a month now. Today I called USCIS and they told me to wait for another month since no one has touched the application yet.
Thanks for this input. I'd call them around 10th of this month.
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bchauhan
08-09 01:19 PM
It is your passport number
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vvpandya
05-18 05:51 PM
Bender's Immigration Bulletin (http://bibdaily.com/)
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gouridighade
04-28 04:05 PM
Hi,
Anybody recently filed PIO through Travisa at DC embassy, please share your experience. I sent the application for my 1 and a half month daughter who is born here, and planning to travel to India in June. I would like to know how long does it take if the documentation is correct and is there any tracking system to know the status.
Anybody recently filed PIO through Travisa at DC embassy, please share your experience. I sent the application for my 1 and a half month daughter who is born here, and planning to travel to India in June. I would like to know how long does it take if the documentation is correct and is there any tracking system to know the status.
cableching
07-16 01:15 PM
Hello,
I got my EAD through my primary Employer. I am currently working on EAD but with a different Employer (NY State Agency) who doesn�t encourage GC processing, so did not file my AC21 and been working for over a year now. I still have good rapport with my primary Employer. Now I am scheduled to go to INDIA for few weeks, my question is " whom should I say is my Employer " if the immigration officer asks me at the port of entry (JFK). Please advise as I will be carrying my current pay stubs.
Thank you
I recently came back on AP through Atlanta. I have changed the employers and have not applied for AC21. In secondary inspections, I was asked about where I work and who sponsored it? I did tell the sponsor as my old employer and for where I work gave current employer's name. It should not be problem entering thru AP. Another person with AP was not even asked any questions and they just stamped it and gave it back.
Also the they were discussing about the combined card for EAD and AP, when they would implement it so that they do not have to stamp and enter the information at several places for AP.
This guy was even strange that, when I gave him two copies of AP, he gave one back and said he needs only one. He just took a copy of it after entering and stamping it.
Strange are the ways they behave. When I entered thru Chicago using AP last year, the officer was praising me for giving him two copies and did not even send me for secondary inspection, as everyone before was only giving him one copy and they were searching their bags for the second copy????
I got my EAD through my primary Employer. I am currently working on EAD but with a different Employer (NY State Agency) who doesn�t encourage GC processing, so did not file my AC21 and been working for over a year now. I still have good rapport with my primary Employer. Now I am scheduled to go to INDIA for few weeks, my question is " whom should I say is my Employer " if the immigration officer asks me at the port of entry (JFK). Please advise as I will be carrying my current pay stubs.
Thank you
I recently came back on AP through Atlanta. I have changed the employers and have not applied for AC21. In secondary inspections, I was asked about where I work and who sponsored it? I did tell the sponsor as my old employer and for where I work gave current employer's name. It should not be problem entering thru AP. Another person with AP was not even asked any questions and they just stamped it and gave it back.
Also the they were discussing about the combined card for EAD and AP, when they would implement it so that they do not have to stamp and enter the information at several places for AP.
This guy was even strange that, when I gave him two copies of AP, he gave one back and said he needs only one. He just took a copy of it after entering and stamping it.
Strange are the ways they behave. When I entered thru Chicago using AP last year, the officer was praising me for giving him two copies and did not even send me for secondary inspection, as everyone before was only giving him one copy and they were searching their bags for the second copy????
ganguteli
02-27 01:42 PM
IMO, you should spend the money yourself instead of depending on the company for GC expenses...
Why are you worried about the money? Go hire a lawyer and get your GC process started, asking your manager/HR just for the paperwork support. That way it is easier for you and easier for them too...IMO, Asking the company to bear the expenses for GC is too much, especially in this economy.
As far as H1 is concerned, I guess you need to be in constant touch with your manager and press the issue till she talks to the immigration people and move from there. Talk to your supervisor and ask his help to move the paperwork faster. May be he/she can in turn talk to the HR person to speed things up, without the baloney you are hearing from HR. Also, talk to the lawyer and offer your HR manager that the lawyer can speak to her directly about the issue to speed up things...
In the meantime, keep your options open and look for another job so that you can transfer your H1 and start fresh...Hopefully if this option works, don't make the mistake of waiting for HR to start your GC process...Just be proactive and do it on your own...
Why are you giving illegal advice on the forum.
GC and H1 is employer application and employer should pay for it. It is the law.
Why are you worried about the money? Go hire a lawyer and get your GC process started, asking your manager/HR just for the paperwork support. That way it is easier for you and easier for them too...IMO, Asking the company to bear the expenses for GC is too much, especially in this economy.
As far as H1 is concerned, I guess you need to be in constant touch with your manager and press the issue till she talks to the immigration people and move from there. Talk to your supervisor and ask his help to move the paperwork faster. May be he/she can in turn talk to the HR person to speed things up, without the baloney you are hearing from HR. Also, talk to the lawyer and offer your HR manager that the lawyer can speak to her directly about the issue to speed up things...
In the meantime, keep your options open and look for another job so that you can transfer your H1 and start fresh...Hopefully if this option works, don't make the mistake of waiting for HR to start your GC process...Just be proactive and do it on your own...
Why are you giving illegal advice on the forum.
GC and H1 is employer application and employer should pay for it. It is the law.
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