Prirority dates Arrived

Jish,
By using an unexpired, but no longer valid H1B stamp from your previous employer you violated US immigartion law. That stamp became invalid the second you quit working for that company.
This is the reason people go to Canada to the American consulate. If you have a new employer you have to have a new stamp in your passport.
 
My lawyer says that no one can have two statuses at the same time. One always takes over the other one. This question came up when I had a valid H4, a valid H1b and an EAD. She said that I can only use one of them at a time and using the higher one (EAD) negates any other.
 
dsatish said:
Good data. So during that period, for indians, on an average the PD dates moved 2 months ahead for each calendar month. For chinese the dates moved ahead by 3 months for each calendar month.
For 2005, my guess is that the dates will move ahead (for each month) by any where between 1 to 3 months for indians and 2 to 5 months for chinese.
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For INDIA PD moved ahead by 2 years, in one year time.
 
udacha6 said:
Jish,
By using an unexpired, but no longer valid H1B stamp from your previous employer you violated US immigartion law. That stamp became invalid the second you quit working for that company.
This is the reason people go to Canada to the American consulate. If you have a new employer you have to have a new stamp in your passport.
Click to expand...
The consulate in my country refused to stamp H1B with I-797 petition with the new employer. The reason given by the officer was
1) since my H1B stamp is unexpired from previous one , its good for travel.
2) I have a approved 140 petition and a valid immigrant visa petition.
3) I donot have much period left in my H1B.
These are all in writing.
No law says you have to H1B stamp in your passport from your current employer . As long as you have a a valid approved H1B (I-797) petition and unexpired H1B stamp alongwith I94 in passport its OK.
This has been told by my lawyer, consular officer and ICE/BP officials at the POE.
Canada option is not open any more nor visa revalidation from St. Louis.
So before blaming someone for immigration law violation, better do homework or take up a crash couse on US immigration law.
 
dsatish said:
Your experience with H1B extention rejection due to spouse's use of EAD, is interesting. Some people have earlier said (a few months back) that even if your spouse used EAD, it will not affect your H1 status.
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Even my lawyer recently assuring me that even if my depenedents use EAD
and If don't use,my H1 is intact.
From when this have changed?
 
Participant said:
Even my lawyer recently assuring me that even if my depenedents use EAD
and If don't use,my H1 is intact.
From when this have changed?
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that’s right. you can remain on h1 even if spouse has used ead ( duel intent law ) . once you use ead then h4 visa is void and dependent move to AOS status, then they should leave the country with a valid AP
 
Jish,

I didn't "blame" anyone, so there is no need to insult me and tell me to do my homework.

The H1B stamps clearly states your first employer's name (at least mine does) and therefore is valid only for the time you are employed by that company.
I had to have my passport re-stamped after changing employers and the consulate worker who did that said that this was the only legal way to re-enter US.
 
udacha6 said:
Jish,

I didn't "blame" anyone, so there is no need to insult me and tell me to do my homework.

The H1B stamps clearly states your first employer's name (at least mine does) and therefore is valid only for the time you are employed by that company.
I had to have my passport re-stamped after changing employers and the consulate worker who did that said that this was the only legal way to re-enter US.
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My apologies if i have offended you, but your tone was quite sarcastic the way you said i violated . After getting response in writings from various entities i carried out.
 
udacha6 said:
My lawyer says that no one can have two statuses at the same time. One always takes over the other one. This question came up when I had a valid H4, a valid H1b and an EAD. She said that I can only use one of them at a time and using the higher one (EAD) negates any other.
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My lawyer says that no one can have two statuses at the same time. << this is 100% correct. Rest is wrong. You can maintain h1B till your 485 is approved and passport is stamped. It does not matter if you have approved EAD. As long as H1B is maintained ( and extensions ) you are on H1 status ( not AOS )..with a expired i94 and valid h1b extension..once you leave the contry you need to get a visa stamp..and then be back on h1b..

here is one major advantage of maintaining h1b..by the end of 5th year you can apply for a labor ( for gc ) and then you qualify for h1b extensions ( if labor is approved in 4 years and you file 485..you can get h1b extensions for " forever " years, take NY state timings )..think about 6 years of h1b and then 6 years of extensions :D
 
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Unitednations,

As for dependent's use of EAD... My H1B extension was declined on the grounds of having violated the "continuity" requirement by having used AOS status. Since I've always been employed by the same company and had never used EAD the only reason I could derive for this denial was my husband's use of EAD. I guess there may have been a different reason for it since everyone on this website believes that this is not normally the case.
 
MD_Rockville,
What my lawyer meant was that you can't USE two or more statuses at the same time. By maintaining the H1b you never really "move" to the AOS, so you don't have two.
 
udacha6 said:
Unitednations,

As for dependent's use of EAD... My H1B extension was declined on the grounds of having violated the "continuity" requirement by having used AOS status. Since I've always been employed by the same company and had never used EAD the only reason I could derive for this denial was my husband's use of EAD. I guess there may have been a different reason for it since everyone on this website believes that this is not normally the case.
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if your husband is primary applicant then the moment he uses EAD..h4 status is VOID..you are then into AOS status..this is not true when primary applicant is on H1 ( never invoked EAD ) and dependent is on EAD ( h4 is VOID ).. H1-H4, EAD-EAD, H1-EAD only these combinations are possible
 
You're wrong

udacha6 said:
Jish,

I didn't "blame" anyone, so there is no need to insult me and tell me to do my homework.

The H1B stamps clearly states your first employer's name (at least mine does) and therefore is valid only for the time you are employed by that company.
I had to have my passport re-stamped after changing employers and the consulate worker who did that said that this was the only legal way to re-enter US.
Click to expand...

I had changed my employer. Then when I had to visit my country I had the stamp of the old employer. When I went to my home country (india) I didnt even care to change the stamp by going to the consulate. I just had my I-797 and it was all good. Later, when my old visa validity was about to expire I extended the visa and sent to St. Louis for stamping it on my passport.
 
udacha6 said:
MD_Rockville,
What my lawyer meant was that you can't USE two or more statuses at the same time. By maintaining the H1b you never really "move" to the AOS, so you don't have two.
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http://www.shusterman.com/di-vsa.html ..there are more then 1000 results returned on google to define "duel intent" law.. and i agree that you can have only one status at a given time, but not moving to AOS does not takes away anything, GC is for future job
 
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MD_Rockville,
No, I was the primary. He opened a business of his own and had to use an EAD. My lawyer didn't know the details and filed an extension for me.
Like I said after what I read in this forum there may have been a different reason for the denial and I just never knew what it was.
 
udacha6 said:
MD_Rockville,
No, I was the primary. He opened a business of his own and had to use an EAD. My lawyer didn't know the details and filed an extension for me.
Like I said after what I read in this forum there may have been a different reason for the denial and I just never knew what it was.
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thats is strange..was the extension filed be4 h1b expiration ?
 
rhinohere said:
I had changed my employer. Then when I had to visit my country I had the stamp of the old employer. When I went to my home country (india) I didnt even care to change the stamp by going to the consulate. I just had my I-797 and it was all good. Later, when my old visa validity was about to expire I extended the visa and sent to St. Louis for stamping it on my passport.
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it is possible to return back on old h1b stamp and visa doing other h1b job PROVIED your employer has not notified the USCIS about your leaving the company.. most desi body shopper do not notify the USCIS and therefore original h1b remains valid..and you can re enter till your visa is valid..in case your first h1b is cancelled after you leave the company ( big company do that as that is a legal requirement ) ..then visa given aginst that h1b is invalid and you will be deported no matter what kind of extension you carry..( unless POE makes a mistake )
in those cases one should get new visa stamp using h1b extension
 
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udacha6 said:
Unitednations,

As for dependent's use of EAD... My H1B extension was declined on the grounds of having violated the "continuity" requirement by having used AOS status. Since I've always been employed by the same company and had never used EAD the only reason I could derive for this denial was my husband's use of EAD. I guess there may have been a different reason for it since everyone on this website believes that this is not normally the case.
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It is unusual. H1 is a dual intent visa. My best knowledge is, it has no effect if derivative uses EAD.
Are you primary applicant or derivative? Did you , by chance, mentioned in h1 extrension form that your current status is AOS while filing H1 extension.
I wonder how USCIS would know if derivative was using ead or h1. Employer usually keep I-9 with them. There might be some other reason.
 
MD_Rockville,

Yeah, a couple of months before. We had to move to a different state a few months before it so my husband had to quit his job for me to continue working for my current employer at the company's HQs. After we moved instead of looking for a new job he went into a business of his own on EAD. His old employer informed the INS about the loss of the non-immigrant worker and the INS assumed that the only way for my husband to continue working and stay in US was his dependent's EAD. We were sure that that was the reason for the denial.

I never said that "not moving to AOS" takes something away. What I said that if you DO use the AOS status you can never fall back on the old.
I am sorry if I wasn't clear, but nowhere in my posts I implied that having approved EADs negated anyone's H status.
 
udacha6 said:
MD_Rockville,

I never said that "not moving to AOS" takes something away. What I said that if you DO use the AOS status you can never fall back on the old.
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this is correct..once you are in AOS..you can not fall back to h1
 
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