2004 Consolidated Tracker ONLY (140/EAD/AP/FP/485)
- Thread starter inferno
- Start date
EAD - Part time work
My I140/485 was filed in Dec 04, My EAD and I 140 was approved couple of months ago. I am looking to work for part time in non IT field using my EAD. Can I work? Do I need to inform INS? Am I using AC21 for this?
I would appreciate if anyone suggests me.
Thanks,
My I140/485 was filed in Dec 04, My EAD and I 140 was approved couple of months ago. I am looking to work for part time in non IT field using my EAD. Can I work? Do I need to inform INS? Am I using AC21 for this?
I would appreciate if anyone suggests me.
Thanks,
udayfn12 said:
Look at your Signature
RD: 12/29/04 180 days completing on 06/28/2005
ND: 01/13/05 180 days completing on 07/12/2005
You CAN NOT even change job in the same category before completing 180 days. Be careful.
After getting your GC, you could engage in "UPLAY THAAPING" job in villages.
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uday,
you have not specified whether you are looking for a second job on EAD in a Non IT field or are planning to switch your primary job ?
You can't switch primary job as assur says above.
If you are looking for a second part time job, as far as I know, you can accept it on EAD. But I think that if you use your EAD, your non-immigrant intent is nullified (H1 L1 etc will be nullified. you will have to use AP in case of travel abroad). So should your 485 be denied (God Forbid), you will be illegal in the country (again, don't quote me on this, this is only my interpretation of the USCIS jargon).
If you do NOT use EAD, then your non-immigrant status is maintained regardless of your 485 processing. Only after 485 is approved, your non immigrant visa will be vioded.
hope this helps,
no_idEAS.
you have not specified whether you are looking for a second job on EAD in a Non IT field or are planning to switch your primary job ?
You can't switch primary job as assur says above.
If you are looking for a second part time job, as far as I know, you can accept it on EAD. But I think that if you use your EAD, your non-immigrant intent is nullified (H1 L1 etc will be nullified. you will have to use AP in case of travel abroad). So should your 485 be denied (God Forbid), you will be illegal in the country (again, don't quote me on this, this is only my interpretation of the USCIS jargon).
If you do NOT use EAD, then your non-immigrant status is maintained regardless of your 485 processing. Only after 485 is approved, your non immigrant visa will be vioded.
hope this helps,
no_idEAS.
ravikanth_b
Registered Users (C)
Check your PM.
ronbans said:
no_id said:
Thanks for quick response. I will not be switching my primary job, I am looking for 10 hr/week part time job in real estate. I guess I would wait for
couple of months to be safe.
I have one more question, My sixth yr H1 will be expiring in Aug 05. Do I need to get 7th yr extension? My employer told me that no need of 7th yr extension.
scared me a lot. Hopefully this trend won't continue any longer.Hi Ronbans,ronbans said:
Very sorry to hear that your 140 is denied. I also had my 140 denied on Ability to pay issue and education. I filed MTR and it got approved. You can read more details about my 140 Denial and MTR in my following post in Ability to pay thread by UnitedNations:
http://www.immigrationportal.com/showpost.php?p=1027682&postcount=1301
I will suggest that you go thru a different lawyer this time, may be the one that got the other 140 approved from your company. You can also contact user UnitedNations, he was the one who filed MTR/appeal for my 140. His email address is in the ability to pay thread at this link:
http://www.immigrationportal.com/showthread.php?t=137088
As you may be aware that the MTR must be filed within 33 days from the denial, so you need to make a decision soon.
Regarding your H1, you can extend it based on the MTR/appeal filing receipt, I am 99% sure about it, but verify with your lawyer also. If in any case that is not possible, then you can look for a substitute labor and file your 8th year extension based on that LC.
If you have any other questions, post it here.
Best of luck!
In my opinion, this is the issue; when you use your EAD for that second job, your H1 status will end. You will then have to switch to EAD with your current employer also. As user no_id has said "So should your 485 be denied (God Forbid),......." you will not have a backup in the form of H1. Moreover, your other job is not in the same field.udayfn12 said:
Also, if you have a dependent on H4, that status will also end and they will also have to use AP for travel.
udayfn12 said:
Its an individual decision to extend H1 based on your own risk tolerance. If you are Ok with the risk of losing H1 and moving to EAD status, (I would do this only if I were sure of my job and that my 485 will not be denied), then go ahead and use EAD.
Else you can always insist that you want your H1 extended. Remember, take what your lawyer says with a pinch of salt and also make sure you are OK with the advice they are giving you.
Yes because of I-140 denial
ronbans said:Hi guys,
I just got 2 letters from USCIS about 485 being denied.
Here is the letter:
On Nov 17, 2004, you filed an application to register permanent residence or adjust status (form 1-485) under section 245 of the Immigration and Nationaluty act.
Title 8, code of federal regulations, in part 245.2(a)(2)(i) states:
Before an application for adjustment of status unders section 245 of the Act may be considered properly filed, a visa must be immediately available. If a visa would be immediately available upon approval of a visa petition, the application will not be considered properly filed unless such petition has first been approved. If an employment based petition filed for classification under section 203(b)(1), (2), or (3) of the Act is submitted simultaneously with the adjustment application, the adjustment application shall be retailed for processing only if approval of the visa petition would make a visa immediately available at the time of filing the adjustment application. If the visa petition is subsequently approved, the date of filing the adjustment application shall be deemed to be the date on which the accompanying petition was filed.
The immigration visa petition filed in your behalf by <company>, Inc was denied.
Absent evidence that you are entitled to any other immigration classification, your application must be, and hereby is denied.
The regulations do not provide for an appeal from this decision.
My wife's 485 is also denied.
GUYS I AM COOMPLETELY STUMBLED...ANY HELP
Can I not appeal and reopen the case?
My 140 is still pending
Thanks guys...[/QUOTE
OM SAI RAM
Hi ronbans,
We had received same way.Our I-140 got denied without any RFE for education evaluation.We submitted 290B and still pending.Automatically all 485s also will get denial.
Is it your RFE correctly answered? I can understand how stressful the situation is after waiting long period.Hope on God and try to apply 290B.
Thanks
Karunakar
GC Approved
Hi All,
I like to share the good news with all of you. Finally reached the end of the
tunnel. Yesterday I received the e-mail from USCIS about the approval.
According to the msg. they already ordered the new card. But for my spouse the
LUD has changed but the msg. remain same as before (FP received......).
It was quite a journey. I had lot of trouble in LC stage (got 3 NOFs). But
finally all went well in I-140/485 stage. Hope my spouse will also be approved
soon.
This forum help me lot throughout the journey. GREAT...
Wish you all the best who are waiting for their approval. I will be visiting
this forum time to time. Sorry to hear about ronban. Hope everything will
be fine for him. Good luck to you ronban.
Please update my info in the tracker. Thanks in advance.
Regards,
oajnabi
Hi All,
I like to share the good news with all of you. Finally reached the end of the
tunnel. Yesterday I received the e-mail from USCIS about the approval.
According to the msg. they already ordered the new card. But for my spouse the
LUD has changed but the msg. remain same as before (FP received......).
It was quite a journey. I had lot of trouble in LC stage (got 3 NOFs). But
finally all went well in I-140/485 stage. Hope my spouse will also be approved
soon.
This forum help me lot throughout the journey. GREAT...
Wish you all the best who are waiting for their approval. I will be visiting
this forum time to time. Sorry to hear about ronban. Hope everything will
be fine for him. Good luck to you ronban.
Please update my info in the tracker. Thanks in advance.
Regards,
oajnabi
FP LUD not received yet - any idea?
Hi,
I have a question on how long it takes to update FP on the website. We received the FP notice to do it on 4/2. But since my husband was traveling in CA at that time, he instead had his FP done early (mid March) in California. At that time, the CA ASC told him everything's fine. I myself still went on 4/2 as the original schedule. on 4/12, I received my LUD. But as of today, my husband still has not received his. I am the primary applicant and he's the derivative. We had written letter to VSC to inquire, but haven't heard back yet.
What should we do now? thanks!
chuyim
Hi,
I have a question on how long it takes to update FP on the website. We received the FP notice to do it on 4/2. But since my husband was traveling in CA at that time, he instead had his FP done early (mid March) in California. At that time, the CA ASC told him everything's fine. I myself still went on 4/2 as the original schedule. on 4/12, I received my LUD. But as of today, my husband still has not received his. I am the primary applicant and he's the derivative. We had written letter to VSC to inquire, but haven't heard back yet.
What should we do now? thanks!
chuyim
Slave_Victim
Registered Users (C)
RFE : only for SPOUSE, SON.
Hi all,
My LUD has not changed (Last one was 5/06/2005). But Only my SPOUSE and SON's LUD changed today (6/3/2005) and got RFE
EMAIL with same content as others.
Can someone answer my question.
1. Are there any chances for me to get RFE too in the next week or so.. ( Got RFE for spouse , son only)
2.Can u pls guess what could be the reason
3.Can I reply for RFE or My attorney has to reply ?
4. Will attorney ask any RFE reply fee ?
Thanks in advance
Hi all,
My LUD has not changed (Last one was 5/06/2005). But Only my SPOUSE and SON's LUD changed today (6/3/2005) and got RFE
EMAIL with same content as others.
Can someone answer my question.
1. Are there any chances for me to get RFE too in the next week or so.. ( Got RFE for spouse , son only)
2.Can u pls guess what could be the reason
3.Can I reply for RFE or My attorney has to reply ?
4. Will attorney ask any RFE reply fee ?
Thanks in advance
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RFE Details
OK I got some details from my lawyer. They are asking for Birth Certificate and court documentation "Certificate of Disposition" from an old arrest (1995) which got expunged. There was no conviction in the case, but a pre-trial diversion program.
Hopefully they won't make too big a deal out of it.
ziv711 said:
OK I got some details from my lawyer. They are asking for Birth Certificate and court documentation "Certificate of Disposition" from an old arrest (1995) which got expunged. There was no conviction in the case, but a pre-trial diversion program.
Hopefully they won't make too big a deal out of it.
Urgent Help!!
My 485 application is still pending and my current H1-B expires on Jully 24th. I am going on vacation to India between June 10 and July 12. Last week my employer asked to fill out I-9 form that requires me to fill out the details of the authorization that allows me to continue to work after July 24th. I have sent that form with details of my EAD. But my lawayer is ready to file my 7th H1 year extension on monday 6/6.!!!
Most importantly, does this cause any problems to my 485 application?
secondly,
Is my H1-B extension application going to be denied as i have used my EAD?
HELP IS GREATLY APPRECIATED.!!
Thanks,
tgsrini
My 485 application is still pending and my current H1-B expires on Jully 24th. I am going on vacation to India between June 10 and July 12. Last week my employer asked to fill out I-9 form that requires me to fill out the details of the authorization that allows me to continue to work after July 24th. I have sent that form with details of my EAD. But my lawayer is ready to file my 7th H1 year extension on monday 6/6.!!!
Most importantly, does this cause any problems to my 485 application?
secondly,
Is my H1-B extension application going to be denied as i have used my EAD?
HELP IS GREATLY APPRECIATED.!!
Thanks,
tgsrini