Recording now available, http://www.immigration.com/improving_immigration/conference_calls.html
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Conference Call on Nov 13, RECORDING NOW AVAILABLE
- Thread starter monica1
- Start date
- Status
I have few questions:
1. My wife was a GC holder when we filled I-130 for me in 2004. I had H1B visa at that time and it expired not long after that. Now she became a citizen and we need to fill all the documents again.
Do we need to fill I-130 again with I-485 ?
2. If i receive a GC in near future,when can i fill application for naturalization?
My wife filled application for naturalization about 2.5 years ago but became a citizen just last week.
Thanks You for excellent job
Raymond T.
1. My wife was a GC holder when we filled I-130 for me in 2004. I had H1B visa at that time and it expired not long after that. Now she became a citizen and we need to fill all the documents again.
Do we need to fill I-130 again with I-485 ?
2. If i receive a GC in near future,when can i fill application for naturalization?
My wife filled application for naturalization about 2.5 years ago but became a citizen just last week.
Thanks You for excellent job
Raymond T.
waiting2006
Registered Users (C)
My I-485 application (marriage based) has been pending now for two and a half years due to background checks (since June/2006 when I first filed it).
- I have made several inquiries with the USCIS via phone and InfoPass appointments.
- I've contacted Senator Schumer and Congressman Weiner regarding my case.
- I've contacted the Ombudsman;
Unfortunately, with all the efforts above, I received the same response from all of them that my case was pending name checks.
Recently, I contacted the First Lady, Laura Bush, who submitted a request for me as to the status of my name checks. Finally, I received confirmation that the FBI has FINALIZED my name checks on 6/5/2008. However, there has still been no progress on my application.
QUESTION: Does this mean that my name check has been cleared?
My Fingerprints were taken again last month. I called the FBI today (11/10), and they told me that the results were sent to the USCIS.
QUESTION: Does this mean that they're working on myy case?
I’m already exhausted after 2 & half years. I’ve tried everything to resolve my case.
To be noticed that the officer who interviewed me & my wife on September/2006 was Isaac R. Baichu, the officer who was charged with demanding sexual favors in exchange for green cards in March, 2008. Probably everybody knows the story. QUESTION: Does this have an effect on my Green Card?
QUESTION: After every thing I've done to expidiate my I-485 application, What else should I do to have the USCIS make a decision in my GC?
Please, any suggestions or HELP, would be appreciated.
- I have made several inquiries with the USCIS via phone and InfoPass appointments.
- I've contacted Senator Schumer and Congressman Weiner regarding my case.
- I've contacted the Ombudsman;
Unfortunately, with all the efforts above, I received the same response from all of them that my case was pending name checks.
Recently, I contacted the First Lady, Laura Bush, who submitted a request for me as to the status of my name checks. Finally, I received confirmation that the FBI has FINALIZED my name checks on 6/5/2008. However, there has still been no progress on my application.
QUESTION: Does this mean that my name check has been cleared?
My Fingerprints were taken again last month. I called the FBI today (11/10), and they told me that the results were sent to the USCIS.
QUESTION: Does this mean that they're working on myy case?
I’m already exhausted after 2 & half years. I’ve tried everything to resolve my case.
To be noticed that the officer who interviewed me & my wife on September/2006 was Isaac R. Baichu, the officer who was charged with demanding sexual favors in exchange for green cards in March, 2008. Probably everybody knows the story. QUESTION: Does this have an effect on my Green Card?
QUESTION: After every thing I've done to expidiate my I-485 application, What else should I do to have the USCIS make a decision in my GC?
Please, any suggestions or HELP, would be appreciated.
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Chances Of Getting EB3 I-140 approved after EB-2 I-140 denial
Hi Rajeev,
Thank you very much for your invaluable service to immigration community.
I completed my classes for 4 year Mechanical Engineering in Dec 2000 and started working as a software engineer in a company in india. I had to write 2 to 3 exams between dec 2000 and 2002 July to complete the degree and I received the degree in the year 2002 after passing the exam.
2006 Aug Filing of EB2
In year 2006 Jan I joined my current US employer and my employer applied for PERM under EB2. (2006 Aug). All I knew at that time was the requirement for EB2 is Masters OR Bachelors + 5 years of experience. The PERM newspaper Advertisement asked for Masters + 1 year OR Bachelors + 5 years OR Bachelors OR any combination of education and experience
Even though I had the required experience (as well as experience letters) from year 2000 I didn't know that the experience for EB-2 has to be progressive to completion of bachelor degree.
The labor filed on 2006 Aug got approved and the lawyer filed EB-2 I-140 on 2006 Aug.
On 2007 Sep we received an RFE for EB-2 I-140 saying the documentation (transcripts, diploma etc) does not support 5 years post bachelorate degree experience (2006 Aug - (minus) 2002 June = 4.2 years only)
The lawyer realized that the issue was fatal. As an RFE response he said the candidate in fact has experience from year 2000 and he requested for an I-140 approval under EB3
2008 Feb EB2 I-140 Denied
On 2008 Feb, USCIS rejected the EB2 I-140 saying category change (EB2 to EB3) is not allowed at this point of processing and the case will be denied. The denial notice said we can file another I-140 under a different category if we wish
Instead of an appeal we decided to go for an EB3 I-140 on 2008 April. I-140 premium processing has been suspended since 2007 July and I have no way to expedite the process.
With the processing dates for EB3 I-140 (NSC) still on 2007 July, I have no hopes on my case getting processed in the near future.
Not eligible for EB2 under current employer
Since I am working for my current employer for the past 3 years (2006 Jan till today) I cannot show that experience for a different position which my employer is planning to offer. (Even though the second job is more than 50% different we are seeing more and more denials were USCIS is not buying the second case)
I am only eligible under EB3 under the current employer and my employer applied for a 2nd PERM application for a different job position on 2008 April. this petition should help me in getting H1B extensions but regarding my green card I have no hope on EB3 as it might take 6-7 years
If my 2006 Aug Labor EB3 I-140 gets approved I can join another employer and file another PERM under EB2 and apply the 2006 Aug priority date while filing I-140
Chances of getting the EB3 I-140 approved for 2006 Aug Labor
All my decisions are based on my 2006 Aug EB3 i-140 approval and I am studying the chances of its approval. I do have 5 years of experience before 2006 Aug to satisfy labor certification and I hope EB3 is not highly strict about some experience before the graduation.
Please help me in advising the chances of getting this EB3 I-140 approved.
I read the ETA 9089 approval (2006 Aug Labor) and it says the following.
Details of 2006 Aug ETA 9089
Education: minimum level reqruired: Master's
Is there an alternate field of study that's acceptable - Yes
Is there an alternate combination and experience that's acceptable - Yes
Alternate level of education required - Bachelor's
No. of years experience acceptable for alternate level of education - 5 years
For the question specific skills or other requirements on ETA 9089 the following is specified
"We are willing to accept any suitable combination of education, training and/or experience for this ofference position"
I humbly request for your advice/assesment
Hi Rajeev,
Thank you very much for your invaluable service to immigration community.
I completed my classes for 4 year Mechanical Engineering in Dec 2000 and started working as a software engineer in a company in india. I had to write 2 to 3 exams between dec 2000 and 2002 July to complete the degree and I received the degree in the year 2002 after passing the exam.
2006 Aug Filing of EB2
In year 2006 Jan I joined my current US employer and my employer applied for PERM under EB2. (2006 Aug). All I knew at that time was the requirement for EB2 is Masters OR Bachelors + 5 years of experience. The PERM newspaper Advertisement asked for Masters + 1 year OR Bachelors + 5 years OR Bachelors OR any combination of education and experience
Even though I had the required experience (as well as experience letters) from year 2000 I didn't know that the experience for EB-2 has to be progressive to completion of bachelor degree.
The labor filed on 2006 Aug got approved and the lawyer filed EB-2 I-140 on 2006 Aug.
On 2007 Sep we received an RFE for EB-2 I-140 saying the documentation (transcripts, diploma etc) does not support 5 years post bachelorate degree experience (2006 Aug - (minus) 2002 June = 4.2 years only)
The lawyer realized that the issue was fatal. As an RFE response he said the candidate in fact has experience from year 2000 and he requested for an I-140 approval under EB3
2008 Feb EB2 I-140 Denied
On 2008 Feb, USCIS rejected the EB2 I-140 saying category change (EB2 to EB3) is not allowed at this point of processing and the case will be denied. The denial notice said we can file another I-140 under a different category if we wish
Instead of an appeal we decided to go for an EB3 I-140 on 2008 April. I-140 premium processing has been suspended since 2007 July and I have no way to expedite the process.
With the processing dates for EB3 I-140 (NSC) still on 2007 July, I have no hopes on my case getting processed in the near future.
Not eligible for EB2 under current employer
Since I am working for my current employer for the past 3 years (2006 Jan till today) I cannot show that experience for a different position which my employer is planning to offer. (Even though the second job is more than 50% different we are seeing more and more denials were USCIS is not buying the second case)
I am only eligible under EB3 under the current employer and my employer applied for a 2nd PERM application for a different job position on 2008 April. this petition should help me in getting H1B extensions but regarding my green card I have no hope on EB3 as it might take 6-7 years
If my 2006 Aug Labor EB3 I-140 gets approved I can join another employer and file another PERM under EB2 and apply the 2006 Aug priority date while filing I-140
Chances of getting the EB3 I-140 approved for 2006 Aug Labor
All my decisions are based on my 2006 Aug EB3 i-140 approval and I am studying the chances of its approval. I do have 5 years of experience before 2006 Aug to satisfy labor certification and I hope EB3 is not highly strict about some experience before the graduation.
Please help me in advising the chances of getting this EB3 I-140 approved.
I read the ETA 9089 approval (2006 Aug Labor) and it says the following.
Details of 2006 Aug ETA 9089
Education: minimum level reqruired: Master's
Is there an alternate field of study that's acceptable - Yes
Is there an alternate combination and experience that's acceptable - Yes
Alternate level of education required - Bachelor's
No. of years experience acceptable for alternate level of education - 5 years
For the question specific skills or other requirements on ETA 9089 the following is specified
"We are willing to accept any suitable combination of education, training and/or experience for this ofference position"
I humbly request for your advice/assesment
How long do I need to stay in AC21 job after I-485 approval
I am a July 2007 concurrent filer under EB2 India with PD of Aug 2002. Worked for the sponsoring employer from May 2000 till April 2008. In April 2008 I switched to a similar job under AC21. Did not inform USCIS of the change since I was confident that I-140 will not be withdrawn.
The I-140 got approved in Sept 2007. Now, I have lost my new job, last day is Nov 14, 2008. In the meantime, my I-485 got approved last week on Nov 7. I am delighted to get my GC after 7 year wait. But I am worried that the loss of job might create problems at the time of naturalization.
Is it sufficient that I was in a similar job on the date of approval, although it will end in just a week? I am confident of finding another similar job in a month or so. Should I try to go back to the sponsoring employer?
Thanks for your wonderful service.
Dipa G.
I am a July 2007 concurrent filer under EB2 India with PD of Aug 2002. Worked for the sponsoring employer from May 2000 till April 2008. In April 2008 I switched to a similar job under AC21. Did not inform USCIS of the change since I was confident that I-140 will not be withdrawn.
The I-140 got approved in Sept 2007. Now, I have lost my new job, last day is Nov 14, 2008. In the meantime, my I-485 got approved last week on Nov 7. I am delighted to get my GC after 7 year wait. But I am worried that the loss of job might create problems at the time of naturalization.
Is it sufficient that I was in a similar job on the date of approval, although it will end in just a week? I am confident of finding another similar job in a month or so. Should I try to go back to the sponsoring employer?
Thanks for your wonderful service.
Dipa G.
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chicago_2006
New Member
Transfer of H1B
Hello Sir,
Thank you so much for this service. I will be thankful if you could answer to my query.
I came to US for the first time in March 2006 on H1B visa through Company A. The I-94 of H1B visa was valid until March 2008.
Company A applied for new L1-B in Nov 2006 while I was in US. I received the petition papers of L1-B and I-94 in December 2006. L1B & I-94 is valid till Nov 2009.
Company B applied for H1B transfer in Dec. 2006 and it got approved but I have not Joined Company B till now.
I am getting good offer from Company C.
Is it possible to transfer Company A H1-B (I-94 was valid until March 2008) to company C?
Waiting for your answer.
Sincerely
Shilpa
Hello Sir,
Thank you so much for this service. I will be thankful if you could answer to my query.
I came to US for the first time in March 2006 on H1B visa through Company A. The I-94 of H1B visa was valid until March 2008.
Company A applied for new L1-B in Nov 2006 while I was in US. I received the petition papers of L1-B and I-94 in December 2006. L1B & I-94 is valid till Nov 2009.
Company B applied for H1B transfer in Dec. 2006 and it got approved but I have not Joined Company B till now.
I am getting good offer from Company C.
Is it possible to transfer Company A H1-B (I-94 was valid until March 2008) to company C?
Waiting for your answer.
Sincerely
Shilpa
Diversity Visa Lottery
Dear Mr. Khanna,
I am the citizen of India (by birth) and My wife is the citizen of Fiji Island (by birth).
We both are currently reside in Atlanta, GA. I am on H1-B and My wife is a Green Card Holder. (She came to USA through Diversity Visa Lottery Program)
Question:
1. Am I eligible to apply for the Diversity Visa Lottery based on the Spouse's Country of Birth? I read on DOS website that you can claim your spouse’s country of birth provided both you and your spouse are on the selected entry). Please give me more insight.
Question 2:
If I am not eligible for Diversity Visa Lottery.
Once my wife becomes citizen, Is it wise to apply for my green card from Delhi, India? As I have heard it so many times that if one applies for Green Card through marriage to a US citizen, from Delhi, India they get it in 3 months. Please correct this doubt for me.
Thank you
Dear Mr. Khanna,
I am the citizen of India (by birth) and My wife is the citizen of Fiji Island (by birth).
We both are currently reside in Atlanta, GA. I am on H1-B and My wife is a Green Card Holder. (She came to USA through Diversity Visa Lottery Program)
Question:
1. Am I eligible to apply for the Diversity Visa Lottery based on the Spouse's Country of Birth? I read on DOS website that you can claim your spouse’s country of birth provided both you and your spouse are on the selected entry). Please give me more insight.
Question 2:
If I am not eligible for Diversity Visa Lottery.
Once my wife becomes citizen, Is it wise to apply for my green card from Delhi, India? As I have heard it so many times that if one applies for Green Card through marriage to a US citizen, from Delhi, India they get it in 3 months. Please correct this doubt for me.
Thank you
Long pending of I765 (EAD extension) - EAD expired and lost job
Hello Mr.Rajiv,
First, Thanks a lot for the great community service with valuable advise. I appreciate for your great help on my following situation-
Issue:
I-765 application for EAD extension is long pending.
Problems facing:
- Current EAD expired 25 days ago(as of 11/11/08).
- No job, no pay since 4 weeks. Current US company put me on 'Leave of Absence with NO PAY'
- Reason for 'Extended Review' is referred my case for Background check
Steps taken:
- Contacted USCIS NCSC and there were couple of Service Requests opened to expedite request;
- Visited Local USCIS office for 7 times within 3 weeks (not that great help from them but just contacted 3 times and sent couple of emails to NSC explaining my status);
- Directly talked to NSC (Nebraska) Officer;
- Representation to Congressman (got some answer from NSC) & Senator (sent Fax letter, unable to contact their office in person).
- Called local FBI (they don't know about my case)
- Sent direct mails to Directors of Texas and Nebraska Service Centers (TSC returned back my letter on 10/10 asking me to contact NCSC)
Important Dates:
07/23/08 - I765 for EAD extension - efile at Texas Service Center (86 days before EAD expiration date)
08/08/08 - Transferred to Nebraska
08/14 - Biometrics taken
10/14 - Expedited letter & FAX request to NSC
10/14 to 11/04 - 4 times visit to Local office
10/17 - Case representation to Congressman
10/18 - EAD EXPIRED
10/20 & 27 - Expedite request by calling NCSC
11/04 - Mail to Directors, TSC & NSC for Interim-EAD
11/05 - Submitted CIS Ombudsman Form DHS-7001 & sent Express mail to 'USCIS Ombudsman, Department of Homeland Security,'
11/10 - TSC returned back my above letter lr. dt.11/04
In all the above requests I urged them at least grant me Interim-EAD while the case is pending.
(I changed employer to a US company but did not file AC21 due delay in obtaining Labor and I140 application copies. The perm labor EB3 designation was 'IT Manager' but current designation 'Sr.QA Engr.').
Question:
- What else I could do in getting EAD extension?
- I noticed most of the cases referred to FBI/Background check during I485 finalization stage. But referring cases to background check for EAD extension also? Is there any way for me in getting EAD extension ASAP so that I can get back my job?
Best regards,
Kandu04
Hello Mr.Rajiv,
First, Thanks a lot for the great community service with valuable advise. I appreciate for your great help on my following situation-
Issue:
I-765 application for EAD extension is long pending.
Problems facing:
- Current EAD expired 25 days ago(as of 11/11/08).
- No job, no pay since 4 weeks. Current US company put me on 'Leave of Absence with NO PAY'
- Reason for 'Extended Review' is referred my case for Background check
Steps taken:
- Contacted USCIS NCSC and there were couple of Service Requests opened to expedite request;
- Visited Local USCIS office for 7 times within 3 weeks (not that great help from them but just contacted 3 times and sent couple of emails to NSC explaining my status);
- Directly talked to NSC (Nebraska) Officer;
- Representation to Congressman (got some answer from NSC) & Senator (sent Fax letter, unable to contact their office in person).
- Called local FBI (they don't know about my case)
- Sent direct mails to Directors of Texas and Nebraska Service Centers (TSC returned back my letter on 10/10 asking me to contact NCSC)
Important Dates:
07/23/08 - I765 for EAD extension - efile at Texas Service Center (86 days before EAD expiration date)
08/08/08 - Transferred to Nebraska
08/14 - Biometrics taken
10/14 - Expedited letter & FAX request to NSC
10/14 to 11/04 - 4 times visit to Local office
10/17 - Case representation to Congressman
10/18 - EAD EXPIRED
10/20 & 27 - Expedite request by calling NCSC
11/04 - Mail to Directors, TSC & NSC for Interim-EAD
11/05 - Submitted CIS Ombudsman Form DHS-7001 & sent Express mail to 'USCIS Ombudsman, Department of Homeland Security,'
11/10 - TSC returned back my above letter lr. dt.11/04
In all the above requests I urged them at least grant me Interim-EAD while the case is pending.
(I changed employer to a US company but did not file AC21 due delay in obtaining Labor and I140 application copies. The perm labor EB3 designation was 'IT Manager' but current designation 'Sr.QA Engr.').
Question:
- What else I could do in getting EAD extension?
- I noticed most of the cases referred to FBI/Background check during I485 finalization stage. But referring cases to background check for EAD extension also? Is there any way for me in getting EAD extension ASAP so that I can get back my job?
Best regards,
Kandu04
H1-B questions
Hi Rajiv,
While the below is a bit specific to my case, the points should be of more general concern too, would appreciate if this can be taken up during the call:
Im travelling home in Dec-Jan 2008. My H1 visa expires Mar 13 2009 (final expiration in 07/2009). when i return in January, am I likely to face any trouble at the immigration desk, given that my I-797 will show only 2 months of visa availability? If I face such an issue , can I call into your office and have your office mediate in clarifying the legal issues in such a situation (for a fee of course)
Also, in case I get laid off while on vacation, I have a second H1 that was filed almost 1.5 years back by a consulting company B, which is still valid. can I re-enter on the basis of that approval notice?
do we need the EAD card to re-eneter the US or just I485 receipt+AP. I have applied for EAD renewal (which expires in Dec 2008) but expect to get temporary EAD only in jan (when the 90 day period ends). can I re-enter just on the basis of I485 receipt+AP (for which I have requested expedited processing with express return mailer)
lastly, is it safe to switch between EAD and H1. i.e if I have say 7 months of H1 time left and switch to EAD and get laid off, can I swithc back to H1 with my new employer and file an extension of my old H1 which had 7 months left on it?
thanks for all the help
Hi Rajiv,
While the below is a bit specific to my case, the points should be of more general concern too, would appreciate if this can be taken up during the call:
Im travelling home in Dec-Jan 2008. My H1 visa expires Mar 13 2009 (final expiration in 07/2009). when i return in January, am I likely to face any trouble at the immigration desk, given that my I-797 will show only 2 months of visa availability? If I face such an issue , can I call into your office and have your office mediate in clarifying the legal issues in such a situation (for a fee of course)
Also, in case I get laid off while on vacation, I have a second H1 that was filed almost 1.5 years back by a consulting company B, which is still valid. can I re-enter on the basis of that approval notice?
do we need the EAD card to re-eneter the US or just I485 receipt+AP. I have applied for EAD renewal (which expires in Dec 2008) but expect to get temporary EAD only in jan (when the 90 day period ends). can I re-enter just on the basis of I485 receipt+AP (for which I have requested expedited processing with express return mailer)
lastly, is it safe to switch between EAD and H1. i.e if I have say 7 months of H1 time left and switch to EAD and get laid off, can I swithc back to H1 with my new employer and file an extension of my old H1 which had 7 months left on it?
thanks for all the help
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What are the consequences converting from EAD to H1
Dear Mr.Rajiv,
Sorry, this is my second question in this thread.
Since my EAD extension is at 'Background check' stage and do not know how long it is going to take can you please let me know what are the consequences if -
- I opt for H1 processing under premium procesing, if so how long it may take?
- Is it advisable in doing this? My current EAD was expired 3+ weeks ago and I am out of job now.
Regards,
Kandu04
Dear Mr.Rajiv,
Sorry, this is my second question in this thread.
Since my EAD extension is at 'Background check' stage and do not know how long it is going to take can you please let me know what are the consequences if -
- I opt for H1 processing under premium procesing, if so how long it may take?
- Is it advisable in doing this? My current EAD was expired 3+ weeks ago and I am out of job now.
Regards,
Kandu04
dnhelp2008
New Member
Labor Perm & H1b 7th year Extension
Hi Rajiv ji,
Please provide your clarifications for the following questions posted below.
1.My 6th Year H1-B will end on Dec 1st 2009. My employer filed my Labor PERM application in May 2007 which went into Audit and finally got denied last month.
my Employer is ready to file a New PERM (with new job category and EB2) again with a new attorney during Jan or Feb 2009.
Since PERM from my current employer was "denied" already,Will that affect the new PERM which will be filed again with the same employer?
Does it make sense to file the PERM again with the current employer or change my employer and file a new LC PERM?
2. Considering the 6th Year H1-B will end by Dec 2009, how long before the Labor PERM should be filed and pending (assuming Labor PERM will be filed in Jan or Feb 2009) for me to eligible and apply for 7th Year extension without any issues?
Note: I was out of country for 4 to 6 Months and would it possible to recapture the no of days (including vacation) when filing 7th year extension?
Appreciate all your efforts.
Thanks.
Hi Rajiv ji,
Please provide your clarifications for the following questions posted below.
1.My 6th Year H1-B will end on Dec 1st 2009. My employer filed my Labor PERM application in May 2007 which went into Audit and finally got denied last month.
my Employer is ready to file a New PERM (with new job category and EB2) again with a new attorney during Jan or Feb 2009.
Since PERM from my current employer was "denied" already,Will that affect the new PERM which will be filed again with the same employer?
Does it make sense to file the PERM again with the current employer or change my employer and file a new LC PERM?
2. Considering the 6th Year H1-B will end by Dec 2009, how long before the Labor PERM should be filed and pending (assuming Labor PERM will be filed in Jan or Feb 2009) for me to eligible and apply for 7th Year extension without any issues?
Note: I was out of country for 4 to 6 Months and would it possible to recapture the no of days (including vacation) when filing 7th year extension?
Appreciate all your efforts.
Thanks.
Hello Rajiv,
Thank you very much for your community service and I appreciate your time and consideration.
I am on H4 with EAD (I-140 approved) and waiting for I-485 approval. My Questions are :
1. Can I work using my EAD ?
2. My Husband is on H1 and does not plan (wanted) to change his status to EAD. So my question is What would be my husband's (primary applicant) visa status if i start using my EAD (i.e. Would his visa status be also change to EAD or He will be still in H1 ?) ?
3. My husband is currently in his 7th + year H1 extension and planning to apply further H visa extension soon for the entire family (H1 & H4's(myself and kids)) . Would this process have any impact if i start using my EAD? Also, would this (h4 extension with usage of EAD) have any implication while we go for stamping in India?
4. I haven't applied my SSN yet. If I apply for SSN, would that be considered as using EAD ?
5. Is there any risk with my I-485 approval if i use my EAD?
6. We are planning to visit India sometime next year. So while returning back which document ( my stamped H4 or Advance Parole (AP)) that i need to use at the port of entry? If I use my H4 does it impact my EAD/Work permissions?
Again, many thanks for your courtesy and consideration!!!
Thank you very much for your community service and I appreciate your time and consideration.
I am on H4 with EAD (I-140 approved) and waiting for I-485 approval. My Questions are :
1. Can I work using my EAD ?
2. My Husband is on H1 and does not plan (wanted) to change his status to EAD. So my question is What would be my husband's (primary applicant) visa status if i start using my EAD (i.e. Would his visa status be also change to EAD or He will be still in H1 ?) ?
3. My husband is currently in his 7th + year H1 extension and planning to apply further H visa extension soon for the entire family (H1 & H4's(myself and kids)) . Would this process have any impact if i start using my EAD? Also, would this (h4 extension with usage of EAD) have any implication while we go for stamping in India?
4. I haven't applied my SSN yet. If I apply for SSN, would that be considered as using EAD ?
5. Is there any risk with my I-485 approval if i use my EAD?
6. We are planning to visit India sometime next year. So while returning back which document ( my stamped H4 or Advance Parole (AP)) that i need to use at the port of entry? If I use my H4 does it impact my EAD/Work permissions?
Again, many thanks for your courtesy and consideration!!!
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sonitajverma
Registered Users (C)
L1 to H1 with Change of Status
Hi Rajiv,
It is very nice that your conference call is a great help to Immigrants community and getting the proper guidance.
Summary of Dates/Actions:
19-May-2007 - I came to US on L1B for Employer A with family (1+3)
15-May-2008 - Employer B filed my H1B with COS and Notice Date is July 9, 2008 for H1B approval (1-Oct-2008 to 24-Sep-2011).
08-Aug-2008 - Left from US on Vacation to India (1+3)
06-Sep-2008 - Re-enter based on L1B visa for Employer A (1+3)
As on Nov 5, I am still working with Employer A. Following are the questions:
1. What is my current status ? Am I out of Status ? If yes, What should I do ?
2. What should I do to maintain my L1B status ?
3. How long I can work with Employer A as employer B has no opening for me. My Job Application on hold with the Employer B.
4. Will this impact on my GC processing in future?
5. As, I still want to stay on L1, do my family also needs to go out of US to re-enter to maintain L2 status.
6. Employer B said that there is 60 days grace period from 1-Oct-2008. Is that true? What should be done to if I want to Work on H1B with EMployer B in future/coming months ?
Thanks
SJV.
Hi Rajiv,
It is very nice that your conference call is a great help to Immigrants community and getting the proper guidance.
Summary of Dates/Actions:
19-May-2007 - I came to US on L1B for Employer A with family (1+3)
15-May-2008 - Employer B filed my H1B with COS and Notice Date is July 9, 2008 for H1B approval (1-Oct-2008 to 24-Sep-2011).
08-Aug-2008 - Left from US on Vacation to India (1+3)
06-Sep-2008 - Re-enter based on L1B visa for Employer A (1+3)
As on Nov 5, I am still working with Employer A. Following are the questions:
1. What is my current status ? Am I out of Status ? If yes, What should I do ?
2. What should I do to maintain my L1B status ?
3. How long I can work with Employer A as employer B has no opening for me. My Job Application on hold with the Employer B.
4. Will this impact on my GC processing in future?
5. As, I still want to stay on L1, do my family also needs to go out of US to re-enter to maintain L2 status.
6. Employer B said that there is 60 days grace period from 1-Oct-2008. Is that true? What should be done to if I want to Work on H1B with EMployer B in future/coming months ?
Thanks
SJV.
Out of Status
Hello Rajiv,
Thanks a lot for the great community service with valuable advice.
I would appreciate if you can take it up during the call or reply me back.
My question is regarding how long can I stay in US, while my MTR is pending?
If the MTR does not get addressed before 180 days, should I go back and apply for L1b again under blanket petition (I do not want to become invalid to apply for 3 yrs.)?
Does 180 days start after I94 exp. or the L1A amendment rejection notice from USCIS?
As a side note our company lawyers had forgotten to file my wife’s L2 petition and it was filed now in October, 4 months after expiry of the original L2, along with my MTR. How does that affect her? Does she needs to go to India to with me to get L2 , before 180 days, or can she wait here(as it is difficult for her to travel as she is expecting this month)?
Kindly please advice me urgently so that I can get my bookings for India, if I have to leave in 3 weeks. Also is there a place where I can read more detailed law on this and pass back to my Corporate and Lawyer?
Here are the details:
I came to US on L1b Visa in June 14th 2005, which expired on June 14th 2008. In March 2008, my company filed for amendment to L1 A for me (Instead of L1b extn.) as I was promoted to a managerial status and was managing a function and a department. It was delayed for various reasons, company loosing the receipt, lawyer not on file, but finally we filled for premium petition and got the RFE details and replied to RFE in early September.
On September 29th we received the notice that it was rejected and we are out of status now and should leave the country in 30 days. We were initially shocked because I was told till then that there were no problems with my case, and I WAS OF THE OPINION that if they reject L1A, they will extend my L1B anyways. My lawyer initially advised that we should go back and apply again under blanket petition. We were unable to do so as my wife was expecting and in her 9 month. And the reasons for rejection were because we had not provided enough details about my job duties and my departments and people I manage.
We have now filed MTR, with much needed details and hopefully they should grant the amendment. We have also mentioned my wife’s condition and also requested to Grant L1b incase, L1a is not eligible.
Now I just learnt about the 180 days principle that you must leave the US within 180 days after becoming out of status, which can be from expiry of I94, then I just have another 3 weeks or after the rejection notice, then I have another 5 months.
According to my Lawyer I am legal here until my MTR is in process and if it gets rejected for some reason, I can then travel to India and get the extension Visa, and that 180 days rule does not apply to me. But reading different posts on your forum, it looks like that rule would apply to me and so I need to confirm the facts as soon as possible , so that I can plan the India trip in 2 weeks.
Kindly please advice me urgently so that I can get my bookings for India, if I have to leave in 3 weeks. Also is there a place where I can read more detailed law on this and pass back to my Corporate and Lawyer?
Hello Rajiv,
Thanks a lot for the great community service with valuable advice.
I would appreciate if you can take it up during the call or reply me back.
My question is regarding how long can I stay in US, while my MTR is pending?
If the MTR does not get addressed before 180 days, should I go back and apply for L1b again under blanket petition (I do not want to become invalid to apply for 3 yrs.)?
Does 180 days start after I94 exp. or the L1A amendment rejection notice from USCIS?
As a side note our company lawyers had forgotten to file my wife’s L2 petition and it was filed now in October, 4 months after expiry of the original L2, along with my MTR. How does that affect her? Does she needs to go to India to with me to get L2 , before 180 days, or can she wait here(as it is difficult for her to travel as she is expecting this month)?
Kindly please advice me urgently so that I can get my bookings for India, if I have to leave in 3 weeks. Also is there a place where I can read more detailed law on this and pass back to my Corporate and Lawyer?
Here are the details:
I came to US on L1b Visa in June 14th 2005, which expired on June 14th 2008. In March 2008, my company filed for amendment to L1 A for me (Instead of L1b extn.) as I was promoted to a managerial status and was managing a function and a department. It was delayed for various reasons, company loosing the receipt, lawyer not on file, but finally we filled for premium petition and got the RFE details and replied to RFE in early September.
On September 29th we received the notice that it was rejected and we are out of status now and should leave the country in 30 days. We were initially shocked because I was told till then that there were no problems with my case, and I WAS OF THE OPINION that if they reject L1A, they will extend my L1B anyways. My lawyer initially advised that we should go back and apply again under blanket petition. We were unable to do so as my wife was expecting and in her 9 month. And the reasons for rejection were because we had not provided enough details about my job duties and my departments and people I manage.
We have now filed MTR, with much needed details and hopefully they should grant the amendment. We have also mentioned my wife’s condition and also requested to Grant L1b incase, L1a is not eligible.
Now I just learnt about the 180 days principle that you must leave the US within 180 days after becoming out of status, which can be from expiry of I94, then I just have another 3 weeks or after the rejection notice, then I have another 5 months.
According to my Lawyer I am legal here until my MTR is in process and if it gets rejected for some reason, I can then travel to India and get the extension Visa, and that 180 days rule does not apply to me. But reading different posts on your forum, it looks like that rule would apply to me and so I need to confirm the facts as soon as possible , so that I can plan the India trip in 2 weeks.
Kindly please advice me urgently so that I can get my bookings for India, if I have to leave in 3 weeks. Also is there a place where I can read more detailed law on this and pass back to my Corporate and Lawyer?
krishnatheone
New Member
OPT-CAP GAP- H1
Hello Mr. Khanna,
Thanks for your time and the good work you are doing for the immigrant community. I need your suggestion on the situation I am in right now.
I finished my Masters in ABC course at XYZ university on 05/12/07 and got my OPT. My OPT expired on 06/14/08 and was eligible for cap gap. The Cap Gap extension was given by my unversity until september 30th.(this was done because in the ideal case my H1 would have started on OCT 1st) I applied for a H1 through my employer and got picked up in the lottery and the employer received a query on my H-1 application . My employer submitted the requested papers to the authorities around 07/24/08 and the case is still pending as of today(11/11/08). Now that my cap gap has expired and my H1 is not yet approved(the status says documents recieved and under process).When the authorities were contacted about the status of the H1 application they have told me that it is under secrity clearance review....
My questions are
1) Is it usual for a H-1 application to go through Security clearence?
2) How many days can I stay in the country while my H1 is being processed?
3) Would it help to convert my application to premium processing?(Since they say its under security clearnce)
4) After the H-1 is approved, do I have to leave the country to get it stamped or can I just start wroking (I was told that I cant work before my H-1 is approved though its under processing) on the H-1 and get it stamped when I go out of the country at a later time?
5)Do I have a status now because my H1 is being processed?
Hello Mr. Khanna,
Thanks for your time and the good work you are doing for the immigrant community. I need your suggestion on the situation I am in right now.
I finished my Masters in ABC course at XYZ university on 05/12/07 and got my OPT. My OPT expired on 06/14/08 and was eligible for cap gap. The Cap Gap extension was given by my unversity until september 30th.(this was done because in the ideal case my H1 would have started on OCT 1st) I applied for a H1 through my employer and got picked up in the lottery and the employer received a query on my H-1 application . My employer submitted the requested papers to the authorities around 07/24/08 and the case is still pending as of today(11/11/08). Now that my cap gap has expired and my H1 is not yet approved(the status says documents recieved and under process).When the authorities were contacted about the status of the H1 application they have told me that it is under secrity clearance review....
My questions are
1) Is it usual for a H-1 application to go through Security clearence?
2) How many days can I stay in the country while my H1 is being processed?
3) Would it help to convert my application to premium processing?(Since they say its under security clearnce)
4) After the H-1 is approved, do I have to leave the country to get it stamped or can I just start wroking (I was told that I cant work before my H-1 is approved though its under processing) on the H-1 and get it stamped when I go out of the country at a later time?
5)Do I have a status now because my H1 is being processed?
Last edited by a moderator:
Hi Rajiv
my L1a is expiring on feb 09, I recieved it for only 5years 1+2+2 is it possible to ge extension for another 2years, aas my I140 was denied twice and iiaa ggong to apply for 3rd time. my case was so compicated that I am not sure if my I140 will be accepted, what other options I have, is there any labour such thingwhich can save me going out of status,
my L1a is expiring on feb 09, I recieved it for only 5years 1+2+2 is it possible to ge extension for another 2years, aas my I140 was denied twice and iiaa ggong to apply for 3rd time. my case was so compicated that I am not sure if my I140 will be accepted, what other options I have, is there any labour such thingwhich can save me going out of status,
GC location of employment and Place of residence
Hi Rajiv,
My GC is located fro Dallas, TX. I used to live in Texas. Due to my wife's job, I moved my place of residence to different State (WV), but I travel for my JOB on week days. Now My wife is moving to a different state, Michigan so I am planning to move to Michigan but will be traveliing for my JOB on week days. As I will be staying in Michigan, my payroll will deduct my michigan state tax.
1. Does this have any issue with my GC processing?
2. Is it mandatory to live in Texas from where my GC is filed?
Thanks & regards,
Mohamed
Hi Rajiv,
My GC is located fro Dallas, TX. I used to live in Texas. Due to my wife's job, I moved my place of residence to different State (WV), but I travel for my JOB on week days. Now My wife is moving to a different state, Michigan so I am planning to move to Michigan but will be traveliing for my JOB on week days. As I will be staying in Michigan, my payroll will deduct my michigan state tax.
1. Does this have any issue with my GC processing?
2. Is it mandatory to live in Texas from where my GC is filed?
Thanks & regards,
Mohamed
I-94 Paroled untill Jan 15th 2008, what is the status after that
Hi Rajiv,
My wife traveled to India in Jan 2008 ue to her mother's demise. While traveling back she used her Ap and at JFK they stamped her I-94 paroled until Jan 15th 2009.
1. I wanted to know what is her status after Jan 15th 2009 and do we need to take any necessary steps before that?
We applied for her AP, but it is still pending.
Thanks & regards,
Mohamed
Hi Rajiv,
My wife traveled to India in Jan 2008 ue to her mother's demise. While traveling back she used her Ap and at JFK they stamped her I-94 paroled until Jan 15th 2009.
1. I wanted to know what is her status after Jan 15th 2009 and do we need to take any necessary steps before that?
We applied for her AP, but it is still pending.
Thanks & regards,
Mohamed
NonImmiKidsFate
New Member
Legal staus of NonImmi kids for College Admissions
Dear Mr.Rajiv,
Though this is my kids issue but may relates to most of the families like us. Can I ask you regarding the status of kids admissions into US undergraduate/ graduate colleges?
- We are in US since 10 years
- My kids have been studying in US schools since 2000 with no gap.
- My eldest kid will be joining in one of US Universities by 2009 Fall.
- My husband(H1) and myself(H4) converted into EAD during Q2 this year. We also applied EAD for our two kids, though they are in High School, with an intention that they may want to work but never start working.
- We are on AOS due to I485 pending.
- We started applying for my kids college admissions but we are confused on what status they come under. Ex:
For 'Citizenship' column in Admission application there are only two options (1) Citizen (2) Non-citizen or Permanet Resident. Otherwise they are forcing to fill 'International Student' form.
Question:
(1) Since any of us don't come under either (1) or (2) above but not even 'International Student'. So what should we tell the College Admission Office? They are unable to answer our questions but simply referring our requests to International students section and they don't even know.
(2) Since our kids are also on AOS, so under what status they are on?
i.e. Non-Immigrant OR Immigrant OR International OR ??
Greatly appreciated for your valuable advise.
Regards,
Padma
Dear Mr.Rajiv,
Though this is my kids issue but may relates to most of the families like us. Can I ask you regarding the status of kids admissions into US undergraduate/ graduate colleges?
- We are in US since 10 years
- My kids have been studying in US schools since 2000 with no gap.
- My eldest kid will be joining in one of US Universities by 2009 Fall.
- My husband(H1) and myself(H4) converted into EAD during Q2 this year. We also applied EAD for our two kids, though they are in High School, with an intention that they may want to work but never start working.
- We are on AOS due to I485 pending.
- We started applying for my kids college admissions but we are confused on what status they come under. Ex:
For 'Citizenship' column in Admission application there are only two options (1) Citizen (2) Non-citizen or Permanet Resident. Otherwise they are forcing to fill 'International Student' form.
Question:
(1) Since any of us don't come under either (1) or (2) above but not even 'International Student'. So what should we tell the College Admission Office? They are unable to answer our questions but simply referring our requests to International students section and they don't even know.
(2) Since our kids are also on AOS, so under what status they are on?
i.e. Non-Immigrant OR Immigrant OR International OR ??
Greatly appreciated for your valuable advise.
Regards,
Padma
- Status