2003 Consolidated Tracker ONLY (140/EAD/AP/FP/485)

Re: Re: EAD/AP and H-1B

Originally posted by ar13
As far as I know using AP doesn't affect one's H1 status. Using an EAD does.
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Afaik (I'm not a lawyer obviously), if you have H1 status, no immigration officer should ask you to use AP. I certainly wouldn't mention that you have this (nor an EAD). That said, unfortunately some of these guys aren't familiar with the rules (and in some cases you can't blame them as these are changing quite often).

I personally have H status with an unused EAD for "backup" but I never applied for AP. We've never had problems coming back to the US from Canada so far. I suppose there's a non-zero chance that we could run into someone who doesn't know the rules and I'm really not sure how we'd be able to deal with that apart from trying to get in touch with our lawyer / someone who does understand the rules. Pretty scary really (and one reason I'll be happy if/when we get our green card).

ETA
 
Re: Re: Re: EAD/AP and H-1B

Originally posted by ETA-GC
Afaik (I'm not a lawyer obviously), if you have H1 status, no immigration officer should ask you to use AP. I certainly wouldn't mention that you have this (nor an EAD). That said, unfortunately some of these guys aren't familiar with the rules (and in some cases you can't blame them as these are changing quite often).

I personally have H status with an unused EAD for "backup" but I never applied for AP. We've never had problems coming back to the US from Canada so far. I suppose there's a non-zero chance that we could run into someone who doesn't know the rules and I'm really not sure how we'd be able to deal with that apart from trying to get in touch with our lawyer / someone who does understand the rules. Pretty scary really (and one reason I'll be happy if/when we get our green card).

ETA
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As Per my lawyer you can have EAD and H1 status at the same time. You will loose your H1 status once you use EAD for employment purpose.
Cheers,

Mallik
 
Re: Re: Re: Re: EAD/AP and H-1B

Originally posted by Mallik2000
As Per my lawyer you can have EAD and H1 status at the same time. You will loose your H1 status once you use EAD for employment purpose.
Cheers,

Mallik
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This is correct, although the issue I was responding to has to do with using / having to use AP when you are under H status (i.e. when you haven't made use of your EAD).

ETA
 
Question?

Hi guys

i have one question to u all..it would be of great help if u could
give me your suggestions..

i recently got me EAD and by the end of may my 6 months will be completed after concurrently filing my 140/485..

i even got my 140 approved couple of months ago..

As i am out of project for a while now..i am thinking of looking for a new job..

what are the information that i need before i go to a new company from this company..

will there be any kind of issues when i move to a diffrent company
as we have to let BCIS know that i am using ac21..
( am i supposed to let them know by this time).

what kind of information i need to get from the new company so that the green card process does not get affected.

please advice me!..

Thanks in advance
 
Re: Question?

Originally posted by jack76
Hi guys

i have one question to u all..it would be of great help if u could
give me your suggestions..

i recently got me EAD and by the end of may my 6 months will be completed after concurrently filing my 140/485..

i even got my 140 approved couple of months ago..

As i am out of project for a while now..i am thinking of looking for a new job..

what are the information that i need before i go to a new company from this company..

will there be any kind of issues when i move to a diffrent company
as we have to let BCIS know that i am using ac21..
( am i supposed to let them know by this time).

what kind of information i need to get from the new company so that the green card process does not get affected.

please advice me!..

Thanks in advance
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Your EAD is sufficient for any or all job related puposes.
You just need to inform BCIS when you join your new job.

Consult lawyer for clarity purpose.
 
EAD , H1 AND F1

I see some excellent discussion regarding EADs and H1s ...however my problem is a bit different; Have any of you guys faced this situation? Or know what would happen? ...

My H1 is valid for another year. I also got a EAD & AP ...
My wife is a student and have got a F1 for 3 years, H4 for a year, and got her EAD & AP with me ...

I wasn't totally sure why all of this was necessary, but figured out that's the way the Lawyer maximizes her profit :)...[ and BCIS maximizes the fees, delay, confusion etc. etc. ] ...:)

I am planning a trip to India in near future...I understand my
H1 would probably be valid on return...But

1) On return, would my wife be on a F1 / H4 or EAD? If she uses her AP would the F1 / H4 still remain valid?

2) Next time when I extend my EAD, do I also extend my H1 and my wife's H4? What are you guys doing?

Thanks in advance for all thoughts , discussions , advice...
 
Re: EAD , H1 AND F1

Originally posted by expected
I see some excellent discussion regarding EADs and H1s ...however my problem is a bit different; Have any of you guys faced this situation? Or know what would happen? ...

My H1 is valid for another year. I also got a EAD & AP ...
My wife is a student and have got a F1 for 3 years, H4 for a year, and got her EAD & AP with me ...

I wasn't totally sure why all of this was necessary, but figured out that's the way the Lawyer maximizes her profit :)...[ and BCIS maximizes the fees, delay, confusion etc. etc. ] ...:)

I am planning a trip to India in near future...I understand my
H1 would probably be valid on return...But

1) On return, would my wife be on a F1 / H4 or EAD? If she uses her AP would the F1 / H4 still remain valid?

2) Next time when I extend my EAD, do I also extend my H1 and my wife's H4? What are you guys doing?

Thanks in advance for all thoughts , discussions , advice...
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Q1.

Your H1 Status is valid utntil you won't touch your EAD for employment purpose. AS per my knowledge Your wife's H4 status is nomore as she is on now F1 status. So she has to use AP for her travel.

Q2.

You have to extend both the EAD's.
 
Re: EAD , H1 AND F1

Originally posted by expected
I see some excellent discussion regarding EADs and H1s ...however my problem is a bit different; Have any of you guys faced this situation? Or know what would happen? ...

My H1 is valid for another year. I also got a EAD & AP ...
My wife is a student and have got a F1 for 3 years, H4 for a year, and got her EAD & AP with me ...

I wasn't totally sure why all of this was necessary, but figured out that's the way the Lawyer maximizes her profit :)...[ and BCIS maximizes the fees, delay, confusion etc. etc. ] ...:)

I am planning a trip to India in near future...I understand my
H1 would probably be valid on return...But

1) On return, would my wife be on a F1 / H4 or EAD? If she uses her AP would the F1 / H4 still remain valid?

2) Next time when I extend my EAD, do I also extend my H1 and my wife's H4? What are you guys doing?

Thanks in advance for all thoughts , discussions , advice...
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1. If she is, currently, on H4, she can continue to remain so, provided she did not use her EAD. (H/L visas are dual intent visa and exempted from being forced to get on EAD/AP. Not so for F and any other visa.).

2. If you intend to stay on H1 and your wife on on H4, get those extended. You can also get EAD extension done - however it is not mandatory. No negative impacts. However is advisable to extend EAD for unforseen circumstances.
 
Re: Re: EAD , H1 AND F1

Originally posted by Jharkhandi
1. If she is, currently, on H4, she can continue to remain so, provided she did not use her EAD. (H/L visas are dual intent visa and exempted from being forced to get on EAD/AP. Not so for F and any other visa.).

2. If you intend to stay on H1 and your wife on on H4, get those extended. You can also get EAD extension done - however it is not mandatory. No negative impacts. However is advisable to extend EAD for unforseen circumstances.
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Jharkhandi,
please clarify this for me. My wife is on F1 before I applied for 485 for her. I also applied for EAD for her, but not AP. We did not get the EAD yet and she has no intention to use it till next year. Now my question is, does she need AP to travel to India? She wants to be on F1. Can she use F1 visa, to enter into US when she comes back?

Thanks
Yampati
 
Answers

Hello Guys......

As far as my knowledge goes.....

If someone is on H4 or F1 they can stay and maintain their status so as long as they dont use their EAD. That means they dont need an AP as long as they havnt made use of their EAD. They can come in and go out of this country until the expiration date of H4 and/or F1 visa without AP if they have not used their EAD for employment.

Depending upon their requirement they need to decide what visas they want to extend. BUT I BELIEVE THEY HAVE TO KEEP ON EXTENDING THEIR EAD IF THEY NEED TO HAVE A BACKUP!!!

If you dont use your EAD and your H4 or F1 gets expired then you should definately extend your EAD (for backup) and the respective visas.

Again, confirm everything with your lawyer!!

Antro
 
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Re: Re: Re: EAD , H1 AND F1

Originally posted by yampati
Jharkhandi,
please clarify this for me. My wife is on F1 before I applied for 485 for her. I also applied for EAD for her, but not AP. We did not get the EAD yet and she has no intention to use it till next year. Now my question is, does she need AP to travel to India? She wants to be on F1. Can she use F1 visa, to enter into US when she comes back?

Thanks
Yampati
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Please understand this: you did not file her 485 or EAD. She applied herself as secondary beneficiary for it(by signing). By applying, she made a declaration that she intends to become a permanent resident. Now F1 is a single intent visa and excludes permanent residency. So she should not presume that right now she is unambiguously on F1(if any issue pertaining to her visa classification arises).

In the event of entry in USA, after filing 485, if she comes back on F1, she will be considered to have abandoned her 485 application. If this fact, that she entered on F1, is discovered at later stage(and will be), then she maybe denied GC.

She can come on F1, but will have to file her 485 again after entry and also file her EAD again.

She needs to apply for her AP if she wants to mantain her current 485 application.
 
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HI,

My spouse is on a F-1 status(not VISA). This is what the OIP(Office of International Programs) said. F1 status is valid until
my spouse

1) doesn't travel abroad and return to U.S
2) doesn't use the EAD(applied through GC process).


So, if we go abroad, we plan to use AP and switch to EAD at school to continue the education.

If you plan to go abroad, it is better to do the paper work at school before yu leave and switch to EAD.
 
help me

Hi friends,
I really need your advice. My I140/I485 filed concurrently on ND Dec 18, 2003. Then i got laid off from the comapny on Jan 2004. But the company have not withdrew my application. They not going to do. My EAD,AP ot aprroved and got it my hane on April 2004. Meantime to avoid out of satatus i got an offer from consutling comapny and asked to precess my visa. They applied my H1B visa on Feb 25 , 2004. So tell me what can i do to get MY GC? What if the company who sponsored my GC get an RFE? How can i reply to that? Can i use portabilty to changeMY apllication after 180 which will be Jun 18 , 2004. My 6 year is expiring on Jun7 2004. Will the mew memo affect my case? If you know any sugeestion or anything regarding my case , just let me know. I am so confused. Is there any way to continue my current GC? I dont want to start to prcess my LC onwards which will take another 3 years to comes to this position.

Thanks a lot
Ammu
 
Re: help me

Originally posted by Ammu1234
Hi friends,
I really need your advice. My I140/I485 filed concurrently on ND Dec 18, 2003. Then i got laid off from the comapny on Jan 2004. But the company have not withdrew my application. They not going to do. My EAD,AP ot aprroved and got it my hane on April 2004. Meantime to avoid out of satatus i got an offer from consutling comapny and asked to precess my visa. They applied my H1B visa on Feb 25 , 2004. So tell me what can i do to get MY GC? What if the company who sponsored my GC get an RFE? How can i reply to that? Can i use portabilty to changeMY apllication after 180 which will be Jun 18 , 2004. My 6 year is expiring on Jun7 2004. Will the mew memo affect my case? If you know any sugeestion or anything regarding my case , just let me know. I am so confused. Is there any way to continue my current GC? I dont want to start to prcess my LC onwards which will take another 3 years to comes to this position.

Thanks a lot
Ammu
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---- Consult a lawyer. I am not a lawyer ----

1. Once you applied for I-485, you are no longer in threat of any status issues BUT,

if there is any RFE related to I-140, your previous company should be able to reply to that,

and some of them are asked to submit all their paystubs from the date of filing I-485, at the time of approving it, though very less percent.
 
Re: Re: help me

Originally posted by LegalFrustrated
-----------------------------------------------------------------------------------

Continuation from above.Sorry for inconvenience

---- Consult a lawyer. I am not a lawyer ----

Once you applied for I-485, you are no longer in threat of any status issues BUT,

IF there is any RFE related to I-140, your previous company should be able to reply to that,
Secondly, some of them are asked to submit all their paystubs from the date of filing I-485, at the time of approving it, though very less percent.
if you pass these two acid tests, then you are through with your GC.

Regarding your H1, as it is expiring in July 04, I don't know how your new H1 is going to help you.

With respect to the portablity issue, you can do it after 180 days of filing I-485 without getting your I-140 approved, but again if there is any RFE regarding I-140 your previous company should be able to reply to it. Otherwise, you are out of status.
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Bring Tracker up to date

Can someone spare some time to bring the tracker up-to-date? There have been few approvals which has been posted in independent threads, we need to go back a few pages and ensure the tracker is updated.

Also, another request to all you guys, if you see any RFEs/approvals posted in independent threads, please ask them to update the tracker or update it youself. That will be a huge help!

thanks
joyd
 
Concurrent filers

Hi all,

Just surfing since I'm still waiting for my LC out of NY.

Wanted to let you know the following:

neversaydie_GC - who is actually in the tracker but in the ?? EB section (ie at the bottom) had their I-485 approved April 22.

His/her info:

JAN 2003 I-485 approved(Concurrent)
HI,

My I_485 has been approved on April 22.

RD 1/30/2003
PD 10/02/2001
EAC-03 091 *****

He/she is posting in the I-485 forum, which by the way is a mess.

A qudos for joyd who has worked hard to keep the I-140 forum in order.

A point of clarification is that the memo went into effect March 31st and gave 30 day cushion to centers so I guess this case is a result of the memo.


neversaydie_GC had his I-140 approved late last year - so those of you that have had I-140s approved should probably not be getting that nervous.

Those of you who have had I-140 approved and FP done should probably be heading to the store for champagne - just in case...because your time may be coming.

But to be safe - let's wait for the VSC May 6 (give or take a few days) to see what the processing date for concurrent cases is.
 
Re: Concurrent filers

I don't know if neversaydie_GC was approved because of the memo or it was pure luck. There are a few cases from Feb-March which got approvals, but that was before March 31. It can be a result of the random procesing at VSC. If it is a result of the memo that will be a very positive sign for those who had I140 approved and have the FP done. For the ones with only I140 w/o FP, or FP w/o I140 or neither one ... we have to wait and see. They may send FP this week for July 2003, or only to the concurrent ones who don't have anything approved (according with Brigand, Jharkhandi and others) or they won't do anything for both groups and focus on the applications already on the Q with everything OK, waiting only for I485 to be adjudiciated.

A tendency that must be noticed here is that a lot of approvals from all centers, not only I485 in the last weeks were for people who were close to have the FP1 expired ... that means that they realized the stupidity of askind for a second FP ...

Originally posted by JustWatching
Hi all,

Just surfing since I'm still waiting for my LC out of NY.

Wanted to let you know the following:

neversaydie_GC - who is actually in the tracker but in the ?? EB section (ie at the bottom) had their I-485 approved April 22.

His/her info:

JAN 2003 I-485 approved(Concurrent)
HI,

My I_485 has been approved on April 22.

RD 1/30/2003
PD 10/02/2001
EAC-03 091 *****

He/she is posting in the I-485 forum, which by the way is a mess.

A qudos for joyd who has worked hard to keep the I-140 forum in order.

A point of clarification is that the memo went into effect March 31st and gave 30 day cushion to centers so I guess this case is a result of the memo.


neversaydie_GC had his I-140 approved late last year - so those of you that have had I-140s approved should probably not be getting that nervous.

Those of you who have had I-140 approved and FP done should probably be heading to the store for champagne - just in case...because your time may be coming.

But to be safe - let's wait for the VSC May 6 (give or take a few days) to see what the processing date for concurrent cases is.
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