Prirority dates Arrived

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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udacha,
it is very strange! I am on H-1 and my family has EADs and I always thought (and still think) I am fine with my H-1 (i am primary..)
did you get a denial letter, do they give any reasons why they denied H-1 extension???
 
MD_Rockville said:
this is correct..once you are in AOS..you can not fall back to h1
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But unitednation has said that his friends(some one he knows) have successfully gone back from EAD to H1. I never thought that it is possible. If you use EAD, then your status is AOS. I dont know if unitednations theory is correct (that one can go back to H1 from EAD).
 
dsatish said:
But unitednation has said that his friends(some one he knows) have successfully gone back from EAD to H1. I never thought that it is possible. If you use EAD, then your status is AOS. I dont know if unitednations theory is correct (that one can go back to H1 from EAD).
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even "murthy" has suggested the same..provided you have same employer all the time.. consider following path

h1 >> h1 extension filed >> h1 expires >> ead invoked >> h1 extension approved >> go out from USA and get stamp based in h1 extension >> come back on h1

i leave this to unitednations to verify this pathway
 
Compass,
Have your family members who use EADs ever had their own H1s? Or they came to US on either H4 or APs?
I think my case is very different from others because my husband held his own H1B and when he lost it by quitting his job the INS found out about it, unlike what happens when someone with H4 or AOS status starts using his/her EAD - the INS doesn't get informed.
 
udacha6 said:
Compass,
Have your family members who use EADs ever had their own H1s? Or they came to US on either H4 or APs?
I think my case is very different from others because my husband held his own H1B and when he lost it by quitting his job the INS found out about it, unlike what happens when someone with H4 or AOS status starts using his/her EAD - the INS doesn't get informed.
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thats makes sense..both having h1b is diffrent then h1-h4 combination..if one h1 status is gone ( and AOS backup is not there ) then there is no other way maintain legal status, except to use EAD of other h1b holder whose AOS is pending
 
MD_Rockville said:
even "murthy" has suggested the same..provided you have same employer all the time.. consider following path

h1 >> h1 extension filed >> h1 expires >> ead invoked >> h1 extension approved >> go out from USA and get stamp based in h1 extension >> come back on h1

i leave this to unitednations to verify this pathway
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The path you have mentioned looks convincing, but i am doubtful about the following path (which i though that UN was mentioning) :
current h1 still valid -> uses EAD for some time -> then jumps back to the same old h1 without going abroad.
 
unitednations said:
Discusses with attorney if he can say that he was using EAD from April 2003 and that h-1b six year clock stopped ticking on April 2003. Answer is yes.
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this is REAL GOOD INFO...what about pathway suggested by me ?
 
ok that makes sense..you can say only when you are in the country all the time..now there is AC21 as well to save you..but in case 485 was not even filed..
 
unitednations..more more thing..does it suggest that one should not file h1b extension if you have a EAD ( as h1 extenstions consumes your 6 year clock ) ??
 
Summary

One can move from EAD to H1 only on a new H1 (or H1 extention). One CAN NOT revert back to old unexpired H1 from EAD unless he leaves the country and comes back on the basis of H1 stamp. Ofcourse while re entering in such a scenario, if INS figures out that you have used EAD (there by going into AOS status), then they probably won't allow you without an AP and you can't automatically work on old unexpired H1.
 
dsatish said:
One can move from EAD to H1 only on a new H1 (or H1 extention). One CAN NOT revert back to old unexpired H1 from EAD unless he leaves the country and comes back on the basis of H1 stamp. Ofcourse while re entering in such a scenario, if INS figures out that you have used EAD (there by going into AOS status), then they probably won't allow you without an AP and you can't automatically work on old unexpired H1.
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my h1b is expiring in Jan 2005..should i file an extension or start using EAD ( valid till aug 05 )...i am also considering to change the employer
 
MD_Rockville said:
my h1b is expiring in Jan 2005..should i file an extension or start using EAD ( valid till aug 05 )...i am also considering to change the employer
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If you have a clean case (never been out of status, good healh, no criminal record, have all required documentation) then your I485 is just a formality and so you can start using EAD. If you think that there might be some risks involved in I485 , then better stay on H1. It's your call. In my personal call, i have not renewed my H1 and worked on EAD for 18 months during I485. It was little risky, as UN said, but if you are confident about your case, then there is no problem.
 
unitednations said:
the best scenario is to always stay on h-1 until you finally get approval of greencard.

however, that one member through carelessness of not staying on h-1 almost got burned and had to leave the country.

Even though he may have to leave the country to reactivate h-1, he was lucky that he was able to use this option.

I'm not advocating people trying this. People should try to stay on h-1 as long as they can. Only in emergency situations, one should try something like this.
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One my friend's I-485 denied because of revocation of I-140. at the time of denial he was using EAD for three months. He came back within a month with new H1.
But his MTR was denied as he went out without an AP and came back new H1. I-485 was denied in Jan 2003. He came back in last week Feb. MTR was denied in this year. USCIS decided that he has abandoned his GC as quit without an AP and applied for new non immigrant visa. He is pursuing his GC from some other company.
 
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MD_Rockville said:
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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Rockville,
I am not quite sure if I understand this. I had an approved h1b extension. At the POE, the officer first looked at the visa stamp on the passport and then the employment letter, upon noticing the mismatch I was assigned to a "higher ranking" officer or supervisor and he asked for my approved h1b extension ( I believe it was I-797) and he stamped on that and let me go. He did say I have to get stamped with the name of the new company once the present visa expires, exactly what my lawyer told.
 
Q. related to PD

I understand that Pd veries with prioity category of employment, I want to know whether there is any priorty in processing of those cases that PD is cureent? (in other words, the cases are expected to be processed according to receipt date, Hopefully?)
 
rhinohere said:
Rockville,
I am not quite sure if I understand this. I had an approved h1b extension. At the POE, the officer first looked at the visa stamp on the passport and then the employment letter, upon noticing the mismatch I was assigned to a "higher ranking" officer or supervisor and he asked for my approved h1b extension ( I believe it was I-797) and he stamped on that and let me go. He did say I have to get stamped with the name of the new company once the present visa expires, exactly what my lawyer told.
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Can you give me info about the H1B that is attached to VISA you have got on your passport? Was that H1B ever cancelled?
 
MD_Rockville said:
Can you give me info about the H1B that is attached to VISA you have got on your passport? Was that H1B ever cancelled?
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The old H1B was from my previous employer and yes it was a body shopper. I am not sure if they ever did cancel it, although they were threatening to do it and it was not a gracious exit. This was after around 8 months since I left the company and the precise month was June 2001.
Presently I have the stamped visa of my current employer and I got it stamped from St. Louis, about 1.5 years ago and it was just prior to the decision made by INS to stop stamping the visa there.
 
How Long

Guys,

I know no one can confirm this, but just a wild guess !!!

How long do you think it takes for INS to start processing I-485 with PD of 08/2002 ????

EB-3/INDIA/VSC/PD - 08/2002
EAD - ND 03/31/2003 - AD - 07/31/2003
I-485 - ND 03/31/2--3 - AD - ????
FP1- 09/02/2004.

Ready for EAD 3 and AP 3 !!!

Cheers
 
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