fittan
07-25 02:46 PM
Hi,
I just filed I-485 for myself and my wife. She is currently on OPT and has an approved EAD (F-1).
I can't seems to get a definite answer on how the filing will affect her status. Here's what I know so far, pls correct me if I am wrong:
1) F-1 is non-immigrant intent. Hence, when the I-485 is submitted she is no longer on F-1 but "AOS pending" status.
2) She "can" continue to work using the EAD. I said "can" because technically she is not supposed to but this is a grey area.
3) The PROBLEM is when she decides to travel. There is high risk that the immigration officer will see that she has filed I-485 and hence her F-1/OPT is no longer valid.
4) The PROBLEM in (3) can be circummvent if she uses AP from the I-485 application.
Am I missing anything? Thanks.
Fittan
I just filed I-485 for myself and my wife. She is currently on OPT and has an approved EAD (F-1).
I can't seems to get a definite answer on how the filing will affect her status. Here's what I know so far, pls correct me if I am wrong:
1) F-1 is non-immigrant intent. Hence, when the I-485 is submitted she is no longer on F-1 but "AOS pending" status.
2) She "can" continue to work using the EAD. I said "can" because technically she is not supposed to but this is a grey area.
3) The PROBLEM is when she decides to travel. There is high risk that the immigration officer will see that she has filed I-485 and hence her F-1/OPT is no longer valid.
4) The PROBLEM in (3) can be circummvent if she uses AP from the I-485 application.
Am I missing anything? Thanks.
Fittan
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SonalP
03-17 11:56 AM
Hi,
Can anyone know whether IGNOU(Indira Gandhi national open university)from India will consider in the list of recognized universities for applying H1 visa?
Kindly Advice....
Can anyone know whether IGNOU(Indira Gandhi national open university)from India will consider in the list of recognized universities for applying H1 visa?
Kindly Advice....
laddu0
04-06 09:35 AM
Hi Guys:
My wife is out of country from October 2010. She was working on H1B. After birth of our son, she went to India for 6 month vacation. Will there be any issues if she re-enters US using H1B as she is having a job to continue with her employer.
What are all the documents I need to take.
Please advice.
Thanks
LADDU
My wife is out of country from October 2010. She was working on H1B. After birth of our son, she went to India for 6 month vacation. Will there be any issues if she re-enters US using H1B as she is having a job to continue with her employer.
What are all the documents I need to take.
Please advice.
Thanks
LADDU
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wannagreen
02-20 09:40 AM
Here is my situation wrt to I 140 and EAD.
1. I am on 6th year of H1 this year and my H1 expires on 30 Sept 2010. I have to apply for H1 extn this year.
2. My employer started GC process (EB3) in 2006 on substitute labor of Aug 2005. He applied I 140 in April 2007.
3. He applied EAD when they are current during June, July 2007 based on substitute labor. I and my wife got EAD eventhough my I 140 is pending.
4. As old I 140 is pending he applied another I 140 with different EB3 labor for me in 2008 and both new labor and I 140 got apporved. He ported my A# of EAD card to this new I 140 showing as beneficiay on it.
5. My old I 140 is still pending and USCIS didnt send any query on that till date. My employer is confident on getting approval of old I 140.
Here are the questions I have:
Can I work on EAD by taking full time jobs by applying AC 21? Does it safe to work on EAD?
If my old I 140 gets any problem what are consequences with my GC process?
Can anybody answer, Please.
Thanks
Wannagreen
1. I am on 6th year of H1 this year and my H1 expires on 30 Sept 2010. I have to apply for H1 extn this year.
2. My employer started GC process (EB3) in 2006 on substitute labor of Aug 2005. He applied I 140 in April 2007.
3. He applied EAD when they are current during June, July 2007 based on substitute labor. I and my wife got EAD eventhough my I 140 is pending.
4. As old I 140 is pending he applied another I 140 with different EB3 labor for me in 2008 and both new labor and I 140 got apporved. He ported my A# of EAD card to this new I 140 showing as beneficiay on it.
5. My old I 140 is still pending and USCIS didnt send any query on that till date. My employer is confident on getting approval of old I 140.
Here are the questions I have:
Can I work on EAD by taking full time jobs by applying AC 21? Does it safe to work on EAD?
If my old I 140 gets any problem what are consequences with my GC process?
Can anybody answer, Please.
Thanks
Wannagreen
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pd_recapturing
08-21 07:25 PM
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NKS1212
06-01 01:30 PM
What is the safest condition of leaving GC processing company and joining new company, if I have EAD and approved 1-140?
Thanks
Thanks
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vina92
11-30 08:27 PM
I have a question regarding location change with same employer. I have labor approved on EB2 India with PD 01/2005. I am employed with a big health care firm which has various locations in the region. I'd like to move to another location which is 30 miles away from my present site. I140 is pending with the same employer. I have also posed this question to my lawyer but appreciate greatly if anyone knows answer to this. Will this affect my GC?
more...
susvin
09-26 04:42 PM
Hi,
My company filed for my GC in June'07. They goofed up and filed under EB-3 instead of EB-2. The company apologized and is ready to change my filing to EB-2. I am wondering whether this would be a good step? Following are my details.
- My PD is June07
- Labor is approved (in 1 week)
- I-140 approved
- My 6 yrs on H1 were completed in July09
- I have received 3 yr H1 ext
- Me & Spouse both have received EAD (I am not using my EAD card)
I am not tracking the progress of visa number availablilty, but I presume that EB-2 would anyday be better than EB-3.
Please advise whether chnaging to EB-2 would be a good idea?
rgds,
susvin
My company filed for my GC in June'07. They goofed up and filed under EB-3 instead of EB-2. The company apologized and is ready to change my filing to EB-2. I am wondering whether this would be a good step? Following are my details.
- My PD is June07
- Labor is approved (in 1 week)
- I-140 approved
- My 6 yrs on H1 were completed in July09
- I have received 3 yr H1 ext
- Me & Spouse both have received EAD (I am not using my EAD card)
I am not tracking the progress of visa number availablilty, but I presume that EB-2 would anyday be better than EB-3.
Please advise whether chnaging to EB-2 would be a good idea?
rgds,
susvin
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10-19 10:28 AM
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SGP
03-28 06:02 PM
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Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
This is a supporting thread to the "Want to File I-485 without Current Priority Date? Gather here" thread started by pappu.
As suggested by pappu/starsun, this supporting thread provides impacted members with additional information and tools to help the initiative.
Visit Immigration Voice Wiki (http://immigrationvoice.org/wiki/index.php/Employment_Based_Green_Card#Process_.28EB1.2C_EB2. 2C_and_EB3.29) - for overview of Employment Based - Green Card process
Visit I485 Filing w/o current PD Wiki (http://immigrationvoice.org/wiki/index.php/Current_Grass-Roots_Initiative_-_I-485_Filing_without_Current_Priority_Date) - for overview of this initiative
As pappu stated in the first post of the above referenced thread - some of the ongoing efforts include finding how many IV members would get benefit from such a provision and get basic details such as username/Priority Date of impacted members. Future action items might include drafting documents and letters to support this provision. There maybe actions such as sending emails etc. However we would not be able to open a public action item unless we can have thousands of our members willing to participate in a grassroots action item. This survey intends to understand the needs of our membership for this provision and collect grassroots information.
The fact is we have a dedicated group of volunteers (and we need more) who have been trying their best to spread the message about this initiative so that a strong grass-roots support can be created leading up to launch of the public action items. So far we have around 1100 people who have responded. Based on quick calculations carried out using PERM data, it is estimated that there are at least 60K-70K EB applicants waiting to file I-485/EAD/AP (this is a very conservative estimate..the actual number could be much more). Grass-roots initiatives require time and patience and we request maximum number of impacted folks to participate actively.
-------------------------------------------------------------------------------------------------
What can you do to participate?
1) Vote on the poll/survey created by Pappu.
http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here.html
Then please send an email to ivcoordinator@gmail.com (starsun) with subject - "I485 filing without current PD - Impacted Member". Include your a) IV username b) Email address c) Phone #, d) State of Residence e) Priority Date - so that grassroot efforts can be coordinated
2) Print out below Flier and circulate at all asian/indian malls/groceries/theaters. Forward the flier to your friends/co-workers and ask them to do the same.
I485 Filing Initiative Flier (http://immigrationvoice.org/wiki/images/a/a8/Flier_I485_latest2.pdf)
3) Volunteers have created a facebook community and an Immigration Voice WIKI page to spread the message about this initiative. Please circulate these links among your friends/co-workers who will be helped.
Please "Share" and "Link" and "send to friend" the facebook community via your Facebook account. Also include these two links when you post on the IV forum.
Facebook - IV I485 filing w/o current PD initiative community (http://www.facebook.com/home.php#!/pages/Immigration-Voice-Grass-roots-Campaigns/150562351660693?v=info)
(Just FYI that you might have to be logged in for the above link to direct to the facebook community. Alternately, search for "Immigration Voice Grass-roots Campaigns" to find the community after logging in. Search "Immigration Voice" to go to the IV's main facebook page)
Immigration Wiki -
I485 Filing Initiative - IV Wiki (http://immigrationvoice.org/wiki/index.php/Current_Grass-Roots_Initiative_-_I-485_Filing_without_Current_Priority_Date)
------------------------------------------------------------------------------------------------
PM these members for additional info:
nmdial ; geevikram ; vbkris77 ; ashwin_27 ; snathan
Dedicated members can also join the leaders group: http://groups.google.com/group/485-filing-iv-initiative
------------------------------------------------------------------------------------------------
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
This is a supporting thread to the "Want to File I-485 without Current Priority Date? Gather here" thread started by pappu.
As suggested by pappu/starsun, this supporting thread provides impacted members with additional information and tools to help the initiative.
Visit Immigration Voice Wiki (http://immigrationvoice.org/wiki/index.php/Employment_Based_Green_Card#Process_.28EB1.2C_EB2. 2C_and_EB3.29) - for overview of Employment Based - Green Card process
Visit I485 Filing w/o current PD Wiki (http://immigrationvoice.org/wiki/index.php/Current_Grass-Roots_Initiative_-_I-485_Filing_without_Current_Priority_Date) - for overview of this initiative
As pappu stated in the first post of the above referenced thread - some of the ongoing efforts include finding how many IV members would get benefit from such a provision and get basic details such as username/Priority Date of impacted members. Future action items might include drafting documents and letters to support this provision. There maybe actions such as sending emails etc. However we would not be able to open a public action item unless we can have thousands of our members willing to participate in a grassroots action item. This survey intends to understand the needs of our membership for this provision and collect grassroots information.
The fact is we have a dedicated group of volunteers (and we need more) who have been trying their best to spread the message about this initiative so that a strong grass-roots support can be created leading up to launch of the public action items. So far we have around 1100 people who have responded. Based on quick calculations carried out using PERM data, it is estimated that there are at least 60K-70K EB applicants waiting to file I-485/EAD/AP (this is a very conservative estimate..the actual number could be much more). Grass-roots initiatives require time and patience and we request maximum number of impacted folks to participate actively.
-------------------------------------------------------------------------------------------------
What can you do to participate?
1) Vote on the poll/survey created by Pappu.
http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here.html
Then please send an email to ivcoordinator@gmail.com (starsun) with subject - "I485 filing without current PD - Impacted Member". Include your a) IV username b) Email address c) Phone #, d) State of Residence e) Priority Date - so that grassroot efforts can be coordinated
2) Print out below Flier and circulate at all asian/indian malls/groceries/theaters. Forward the flier to your friends/co-workers and ask them to do the same.
I485 Filing Initiative Flier (http://immigrationvoice.org/wiki/images/a/a8/Flier_I485_latest2.pdf)
3) Volunteers have created a facebook community and an Immigration Voice WIKI page to spread the message about this initiative. Please circulate these links among your friends/co-workers who will be helped.
Please "Share" and "Link" and "send to friend" the facebook community via your Facebook account. Also include these two links when you post on the IV forum.
Facebook - IV I485 filing w/o current PD initiative community (http://www.facebook.com/home.php#!/pages/Immigration-Voice-Grass-roots-Campaigns/150562351660693?v=info)
(Just FYI that you might have to be logged in for the above link to direct to the facebook community. Alternately, search for "Immigration Voice Grass-roots Campaigns" to find the community after logging in. Search "Immigration Voice" to go to the IV's main facebook page)
Immigration Wiki -
I485 Filing Initiative - IV Wiki (http://immigrationvoice.org/wiki/index.php/Current_Grass-Roots_Initiative_-_I-485_Filing_without_Current_Priority_Date)
------------------------------------------------------------------------------------------------
PM these members for additional info:
nmdial ; geevikram ; vbkris77 ; ashwin_27 ; snathan
Dedicated members can also join the leaders group: http://groups.google.com/group/485-filing-iv-initiative
------------------------------------------------------------------------------------------------
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saminny
12-13 12:57 PM
I have been in H-1B status for 4+ years. This year, I started attending full time college and had applied for transfer of status from H-1B to F-1. However, my application is still pending with USCIS. Since I need to travel home urgently, I was wondering what steps should I take before leaving so that my status is not affected. Because if I travel abroad, I will be applying for new F-1 at a US consulate, do I need to cancel my application with USCIS here before leaving? Are there any consequences of keeping my application pending here.
Any advice is very much appreciated.
Any advice is very much appreciated.
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gultie2k
09-18 11:47 PM
What will be the status of pending H1B extension case if EAD/AP is used on reentry to US. If the case is approved after rentry, is it possible to change status to H1?
Thanks!
Thanks!
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gcdreamer05
01-24 08:04 AM
It is advisable to file change of status to h4 while in USA, no need to go back to india. After you get your h4 approved then you can go for stamping...
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jchang
04-20 07:44 PM
So I'm in need of an answer for my parents.
They have their green card and have been out of the United States for a little less than 6 months now visiting their homeland. They will be returning in a week but due to a medical circumstance that has happened with my mother overseas, she would need to go back to their homeland so she can acquire her medications and chemotherapy there. What is the minimum amount of time they would have to stay here in the United States until they can go back to their homeland?
I know you can stay out of U.S. for no more than 6 months or their green cards make be revoked, I understand that part but I'm curious if there is a minimum amount of time they'd have to stay here in the Unites States before they can go back overseas so it doesn't look bad when they go through immigration.
Thanks!
They have their green card and have been out of the United States for a little less than 6 months now visiting their homeland. They will be returning in a week but due to a medical circumstance that has happened with my mother overseas, she would need to go back to their homeland so she can acquire her medications and chemotherapy there. What is the minimum amount of time they would have to stay here in the United States until they can go back to their homeland?
I know you can stay out of U.S. for no more than 6 months or their green cards make be revoked, I understand that part but I'm curious if there is a minimum amount of time they'd have to stay here in the Unites States before they can go back overseas so it doesn't look bad when they go through immigration.
Thanks!
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jyo999
07-25 08:56 PM
I filed 485 on July 2nd with an EAD with receive notice date of march 2007. it is not approved yet. Will I get an EAD even before the I140 is approved or should the I140 be approved for the EAD to be issued.
Thanks
Thanks
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monu19_75
06-16 11:42 PM
Hello
Thank you for your time and I appreciate your effort.
Scenario:
I have two Approved I-140s (both filed by same company).
� Filed I-140 & I-485 concurrently with a PD of Nov 2007 (Original Labor) - I-140 Approved and I-485 Pending
� Filed I-140 with PD March 2005 (Substitution Labor) - I-140 Approved.
Questions:
1. I would greatly appreciate if you can let me know what are my options and any relative information (Letter formats etc.)
2. Can Info-Pass work instead of writing to USCIS?
Thank you for your time and I appreciate your effort.
Scenario:
I have two Approved I-140s (both filed by same company).
� Filed I-140 & I-485 concurrently with a PD of Nov 2007 (Original Labor) - I-140 Approved and I-485 Pending
� Filed I-140 with PD March 2005 (Substitution Labor) - I-140 Approved.
Questions:
1. I would greatly appreciate if you can let me know what are my options and any relative information (Letter formats etc.)
2. Can Info-Pass work instead of writing to USCIS?
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niklshah
05-27 01:16 PM
What will the answer to the question Current immigration status while filing EAD electonically, i am on EAD rite now and i have never used my advance parole.* Pls help..
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bharmohan
05-24 08:06 AM
Thanks for the response. I appreciate it.
saibaba
12-10 10:30 PM
oops....messed it up....can some one move this thread to Non Immigrant - H1 visa section?
I have few more issues that I want to discuss related to PIMS ...
I have few more issues that I want to discuss related to PIMS ...
sksatkc
01-11 02:58 PM
Sorry to spam this forum, I have a problem that my motherinlaw is going alone to india from MSP(Minneapolis) to bombay(BOM) on northwest, and we are looking for travel companion for her, around end of january/february and we are willing to change her travel dates for this, please , if anyone is going from MSP to bom in end jan/feb , please send email to sksatkc@yahoo.com or send private message.
thanks in advance.
thanks in advance.
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