jatinder_kaur
Registered Users (C)
Hi,
Following are the details:
RD: Jan 24, 03
Approved on March 13, 03
No RFE was issued.
Following are the details:
RD: Jan 24, 03
Approved on March 13, 03
No RFE was issued.
AP (renewal) Approved
- Thread starter jatinder_kaur
- Start date
ImmigrateMe
Registered Users (C)
Thank you for sharing the information. It helps me a lot.
I submit my AP renew mid Feb. So I should get it early next month.
Thank you. Thank you!
WAC-02-046
I submit my AP renew mid Feb. So I should get it early next month.
Thank you. Thank you!
WAC-02-046
ImmigrateMe
Registered Users (C)
While you are here, Silly Man, can I have few minutes of your attention? You are the guru. I trust your word.
Both EAD and AP has expired. I can not go to work. Can't get paid. Basiclly no job, on income. EAD renew was submited mid-Feb along with AP renew. Since I don't have a valid H1, the employer did an express application (paid lots of money), I got H1 in a week.
However, the attorney said the H1 I got is not valid to work until I go to US consulate in TJ, Mexico (I am in S. Cal) to "activate it".
I have post question in other thread, haven't got a clear answer. Others on the forum said I can work, but my employer said I can't . It is not I don't want work, I am closing a house, I need $$, I need to work.
Silly Man, please help me.
WAC-02-046, FP did before scheduled time, advanced degree from a foreign country, all the delay theory applies to me...
Both EAD and AP has expired. I can not go to work. Can't get paid. Basiclly no job, on income. EAD renew was submited mid-Feb along with AP renew. Since I don't have a valid H1, the employer did an express application (paid lots of money), I got H1 in a week.
However, the attorney said the H1 I got is not valid to work until I go to US consulate in TJ, Mexico (I am in S. Cal) to "activate it".
I have post question in other thread, haven't got a clear answer. Others on the forum said I can work, but my employer said I can't . It is not I don't want work, I am closing a house, I need $$, I need to work.
Silly Man, please help me.
WAC-02-046, FP did before scheduled time, advanced degree from a foreign country, all the delay theory applies to me...
Silly Man
Volunteer moderator
I find it hard to believe this activate h1 crap, esp. in mexico. I had a friend (who was an employer) who was trying to get rid of his folks by sending them to Mexico to get their visas stamped, and hoping they might not return.
But again, I donot know the exact details of your h1. I have an H1 myself, I never got it stamped, and I am perfectly sure that even with that thing not stamped, I can work legally. (Just reentry into USA needs a stamp on your p-port). But you have AP for that also, and I think you can get iAP, like iEAD.
One more thing, you can work on h1b receipt, leave alone approved h1.
But I donot know enough about your particular case details, I don't think expedited h1 is any different than regular h1. (Others please correct me if I am wrong).
But again, I donot know the exact details of your h1. I have an H1 myself, I never got it stamped, and I am perfectly sure that even with that thing not stamped, I can work legally. (Just reentry into USA needs a stamp on your p-port). But you have AP for that also, and I think you can get iAP, like iEAD.
One more thing, you can work on h1b receipt, leave alone approved h1.
But I donot know enough about your particular case details, I don't think expedited h1 is any different than regular h1. (Others please correct me if I am wrong).
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You cann't work on this H1...
You were working on EAD and then filed H1, right ?? so this is not H1 transfer/extension , rather a new H1 approval. If you check your approved H1, You didn't get I-94 portion [lower portion of approved H1 tarnfer].
so currently you are in AOS status and need to chnage to H1 status which will be done only at some embassy..considering current situations, you better go to your home country ..
-Mishra
You were working on EAD and then filed H1, right ?? so this is not H1 transfer/extension , rather a new H1 approval. If you check your approved H1, You didn't get I-94 portion [lower portion of approved H1 tarnfer].
so currently you are in AOS status and need to chnage to H1 status which will be done only at some embassy..considering current situations, you better go to your home country ..
-Mishra
Here is my 2c worth...
1. As you know to work, one needs some kind of work permit (H1/EAD etc.)
2. My assumption is you moved to EAD and it expired recently.
3. Normally H1 approval notice will come with valid I-94 attached if it is extension. But note that one need to be on H1 to file for H1 extension. If some one is on EAD and files for H1 then it is a brand new H1. In such cases the BCIS may approve it but may not send I-94. In that case one need to go out of the country get H1 stamp and then come back in. H1 is valid to work with only valid I-94 (with some exceptions).
4. If some one is in AOS stage then they should not leave the country with out valid H1 or AP to come back.
5. There is a probability that visa post in other country may not stamp visa due to some reason, in that case you cannot come back to US!
Safest thing may be to go to local INS and get emergency AP and then go out of the country and get H1 stamped and come back based on H1.
One thing which is not clear to me is -some one who has valid H1 can come back with AP but still work based on H1 (without EAD, and even if I-94 expires after some time). I don't know if that thing applies to you in current case! Talk to your attorney about this clearely. Here is the reason...
H1 gives some one authorization to work until it is valid, but one needs valid I-94 to stay in US. In your case you have pending AOS to stay in US legally, and I am not sure if you need valid I-94 to work!
Talk to your attorney or BCIS/INS or may be a good attorney like Rajiv Khanna or Sheela Murthy etc. for second openion.
- PCee
1. As you know to work, one needs some kind of work permit (H1/EAD etc.)
2. My assumption is you moved to EAD and it expired recently.
3. Normally H1 approval notice will come with valid I-94 attached if it is extension. But note that one need to be on H1 to file for H1 extension. If some one is on EAD and files for H1 then it is a brand new H1. In such cases the BCIS may approve it but may not send I-94. In that case one need to go out of the country get H1 stamp and then come back in. H1 is valid to work with only valid I-94 (with some exceptions).
4. If some one is in AOS stage then they should not leave the country with out valid H1 or AP to come back.
5. There is a probability that visa post in other country may not stamp visa due to some reason, in that case you cannot come back to US!
Safest thing may be to go to local INS and get emergency AP and then go out of the country and get H1 stamped and come back based on H1.
One thing which is not clear to me is -some one who has valid H1 can come back with AP but still work based on H1 (without EAD, and even if I-94 expires after some time). I don't know if that thing applies to you in current case! Talk to your attorney about this clearely. Here is the reason...
H1 gives some one authorization to work until it is valid, but one needs valid I-94 to stay in US. In your case you have pending AOS to stay in US legally, and I am not sure if you need valid I-94 to work!
Talk to your attorney or BCIS/INS or may be a good attorney like Rajiv Khanna or Sheela Murthy etc. for second openion.
- PCee
Last edited by a moderator:
Re: You cann't work on this H1...
http://www.murthy.com/h1bfaqs.html
If the H1B Petition is approved without an I-94, which means that the INS approved neither the change of status nor the extension of status but only approved the H1B petition, then you must first exit the U.S., apply for the H1B visa stamp at the home country consulate, and finally be readmitted on H1B status before starting the job.
http://www.murthy.com/h1bfaqs.html
If the H1B Petition is approved without an I-94, which means that the INS approved neither the change of status nor the extension of status but only approved the H1B petition, then you must first exit the U.S., apply for the H1B visa stamp at the home country consulate, and finally be readmitted on H1B status before starting the job.
My spouse was working on approved h-1b till october 2002 when he got laid off, he got his iEAD on Jan 15 as a dependent on my 485 application. Got a new job in january and started working on Jan 20 with iEAD. New company applied for h-1b transfer (old company had not cancelled h-1b but he din't have paychecks from november onwards) with premium processing (lawyer said it might or might not be approved). Last week, h-1 transfer got approved with I-94 validity dates.
He has been told that he can just move from EAD to h-1b without leaving country since the transfer got approved !!
Any comments ?
He has been told that he can just move from EAD to h-1b without leaving country since the transfer got approved !!
Any comments ?
gc_luckyguy
Registered Users (C)
A small correction to what Tasse said.
A small correction to what Tasse said.
I am currently working on EAD and requested the company to file for a new H1b.
My lawyers says I can get the new H1b in India and while returnin g, enter US using the new H1B.
If u have EAD u can start work right away and then file new h1B either as a backup in case your I485 is denied or if you plan to get married and bring your spouse on h4 like me.
I lost job and joined a new company recently on EAD. Now I am applying for new h1b as the transfer is questional since I am out of work for more than 6 months.
After I lost job I went on vacation to India for 4 moths. I am not kidding. I got tired working in this fucking corporate world.
End of Jan I came back to US on AP. Got a job, very lucky to get a very nice permanent offer.
I am starting work on EAD and after a few weeks the company will file for a new H1b.
A small correction to what Tasse said.
I am currently working on EAD and requested the company to file for a new H1b.
My lawyers says I can get the new H1b in India and while returnin g, enter US using the new H1B.
If u have EAD u can start work right away and then file new h1B either as a backup in case your I485 is denied or if you plan to get married and bring your spouse on h4 like me.
I lost job and joined a new company recently on EAD. Now I am applying for new h1b as the transfer is questional since I am out of work for more than 6 months.
After I lost job I went on vacation to India for 4 moths. I am not kidding. I got tired working in this fucking corporate world.
End of Jan I came back to US on AP. Got a job, very lucky to get a very nice permanent offer.
I am starting work on EAD and after a few weeks the company will file for a new H1b.