averagedesi
08-31 11:41 AM
I am not sure what you mean by there is no issue with my EAD.
Here is an excerpt from an USCIS FAQ
Who is eligible for an EAD that is valid for two years?
The two-year EAD is available to pending adjustment applicants (i.e., those who have filed a Form I-485, Application to Register Permanent Residence or Adjust Status) who have filed for an EAD under Section 274.a.12(c)(9) of Title 8, Code of Federal Regulations (8 C.F.R.) and who are currently unable to adjust status because an immigrant visa number is not currently available. USCIS will continue to grant EADs that are valid for one-year for adjustment applicants who have an available immigrant visa number and are filing for employment authorization under 8 C.F.R. Section 274a.12(c)(9). In order to be eligible for an EAD with a two year validity period, an applicant’s I-140, Immigrant Petition for Alien Worker, must be approved.
Here is the actual link to the FAQ
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=62ae15d3ffd7a110VgnVCM1000004718190aRCR D&vgnextchannel=ea0db6f2cae63110VgnVCM1000004718190a RCRD
So my I140 is approved, when my EAD was approved on July 30th my priority date which is March 25. 2005 was not current.
Here is an excerpt from an USCIS FAQ
Who is eligible for an EAD that is valid for two years?
The two-year EAD is available to pending adjustment applicants (i.e., those who have filed a Form I-485, Application to Register Permanent Residence or Adjust Status) who have filed for an EAD under Section 274.a.12(c)(9) of Title 8, Code of Federal Regulations (8 C.F.R.) and who are currently unable to adjust status because an immigrant visa number is not currently available. USCIS will continue to grant EADs that are valid for one-year for adjustment applicants who have an available immigrant visa number and are filing for employment authorization under 8 C.F.R. Section 274a.12(c)(9). In order to be eligible for an EAD with a two year validity period, an applicant’s I-140, Immigrant Petition for Alien Worker, must be approved.
Here is the actual link to the FAQ
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=62ae15d3ffd7a110VgnVCM1000004718190aRCR D&vgnextchannel=ea0db6f2cae63110VgnVCM1000004718190a RCRD
So my I140 is approved, when my EAD was approved on July 30th my priority date which is March 25. 2005 was not current.
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amitjoey
11-21 04:54 PM
Similar Question:
I have not left the USA for the last 5 years. I have since extended my H1- thrice. So I have 3 new I-94's and the old one that is stapled in the passport. I-94 is taken at the airport when you depart, to record your departure and also to see if you were residing legally on a valid stay. Question: They always take the one stapled in your pasport. (That in my case shows an expired stay.) so should I give them the latest I-94 when I depart?.
I have not left the USA for the last 5 years. I have since extended my H1- thrice. So I have 3 new I-94's and the old one that is stapled in the passport. I-94 is taken at the airport when you depart, to record your departure and also to see if you were residing legally on a valid stay. Question: They always take the one stapled in your pasport. (That in my case shows an expired stay.) so should I give them the latest I-94 when I depart?.
rkm
07-17 06:36 PM
Me too..
Thanks again for all the IV support....Great news...
Thank you very much Pappu, Logic Life and IV core members..
Your great effort brought us this great news and relief
Thanks again for all the IV support....Great news...
Thank you very much Pappu, Logic Life and IV core members..
Your great effort brought us this great news and relief
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mayitbesoon
02-20 05:47 PM
any inputs on how to open a service request or enquiry through senator's office for I-140 processing delay?
more...
nayekal
02-21 01:13 PM
Simple thing, when she doesn't have a job why would you get her an H1B , which any other well qualified candidate would have got. Because of the people like you all the legal immigrants are the targets of the accusation of "stealing our jobs".
People like you and these cheap desi companies, are a shame on the face of all the hardworking legal immigrants here. I think the same thing was asked by someone on someother post as well and was badly critized.
Dude, you think a person with 3 years of working exp in IT after completing masters is not qualified?
How can some one gives you a job offer to join them in October by sponsoring H1 in April. You don't apply for H1 during April of any year, then you will never be able to get a job.
I am sure you will find many (most of them are) consultants from so called cheap desi companies are technically smarter and have lots of exp as well. May be those companies are cheap, but people are not.
Before you come to forums and release your frustration, go and tell your friends and colleagues about your opinions. I bet, most of them will stop talking to you.
People like you and these cheap desi companies, are a shame on the face of all the hardworking legal immigrants here. I think the same thing was asked by someone on someother post as well and was badly critized.
Dude, you think a person with 3 years of working exp in IT after completing masters is not qualified?
How can some one gives you a job offer to join them in October by sponsoring H1 in April. You don't apply for H1 during April of any year, then you will never be able to get a job.
I am sure you will find many (most of them are) consultants from so called cheap desi companies are technically smarter and have lots of exp as well. May be those companies are cheap, but people are not.
Before you come to forums and release your frustration, go and tell your friends and colleagues about your opinions. I bet, most of them will stop talking to you.
cooltypes
06-04 12:56 PM
New Immigration Bill Amendment Could Help Keep Foreign Tech Workers In U.S.
http://www.shusterman.com/cgi-bin/ex-link.pl?www.informationweek.com/showArticle.jhtml;jsessionid=UWJRQUDRODHLAQSNDLPCK HSCJUNN2JVN?articleID=199800102&queryText=immigration
http://www.shusterman.com/cgi-bin/ex-link.pl?www.informationweek.com/showArticle.jhtml;jsessionid=UWJRQUDRODHLAQSNDLPCK HSCJUNN2JVN?articleID=199800102&queryText=immigration
more...
saketkapur
10-09 12:18 PM
Which document to produce for people on EAD and AP?
I used my H1B since that had a further date of expiry than my EAD but when my next renewal comes up I guess I will have to show EAD as my H1B will be in process of being renewed then.......
Might have to keep alternating if you have a choice......its kind of an irritant for sure........DMV has no issues with our status when they want us to renew our registrations :mad:
If I am paying my taxes as a resident then I should get the same benefits... :rolleyes:
I used my H1B since that had a further date of expiry than my EAD but when my next renewal comes up I guess I will have to show EAD as my H1B will be in process of being renewed then.......
Might have to keep alternating if you have a choice......its kind of an irritant for sure........DMV has no issues with our status when they want us to renew our registrations :mad:
If I am paying my taxes as a resident then I should get the same benefits... :rolleyes:
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vvincent72
08-16 04:59 PM
As per me, you really have to do "nothing"
1. You continue working with your present employer
2. Let the contract company get your H1B approved
3. After getting the new H1b Approval tell the contracting company that you will not join till 3 months as you are working on some important project, and able to join them ASA the project is complete
4. Wait for 6 months
5. After 6 months you will get EAD.
I did somewhat the same as above and it did work, a contracting company applied for my H1B but didn't join them for some technical reasons
The best part of this is you will get a CAP exempt H1B, which you can use it, if you run in trouble with your I-485
Thanks for your reply guys.! Looks like the bottom line you guys state is that - does not matter if the H1B is not withdrawn before Oct. 1st 2007 by the contracting company. It should not be a big deal to me when and how they withdraw this right.?
All that i may need from the employer is the letter they write to USCIS stating to cancel this petition. Do i have to keep a copy of the fedex receipt that they may use to send this out to USCIS. Just evidence that USCIS recd. this package.! Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?
Does this hanging I-129 petition affect the 485 / EAD that we have filed.?
Thank you!
1. You continue working with your present employer
2. Let the contract company get your H1B approved
3. After getting the new H1b Approval tell the contracting company that you will not join till 3 months as you are working on some important project, and able to join them ASA the project is complete
4. Wait for 6 months
5. After 6 months you will get EAD.
I did somewhat the same as above and it did work, a contracting company applied for my H1B but didn't join them for some technical reasons
The best part of this is you will get a CAP exempt H1B, which you can use it, if you run in trouble with your I-485
Thanks for your reply guys.! Looks like the bottom line you guys state is that - does not matter if the H1B is not withdrawn before Oct. 1st 2007 by the contracting company. It should not be a big deal to me when and how they withdraw this right.?
All that i may need from the employer is the letter they write to USCIS stating to cancel this petition. Do i have to keep a copy of the fedex receipt that they may use to send this out to USCIS. Just evidence that USCIS recd. this package.! Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?
Does this hanging I-129 petition affect the 485 / EAD that we have filed.?
Thank you!
more...
nixstor
10-30 02:18 PM
Has any one sent an email to editor@usatoday.com?
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FinalGC
11-09 08:54 AM
Munna Bhai:
You better get your 140 applied ASAP and hope that you get your approval before March 2007. Then you can apply for H1 for 3 years. I was in a similar boat and I got my 140 about 1.5 months before my H1 was expiring (8th year). I then used Premium Processing and got H1 in 4 days.
It will be tough call if you can get a 1 year renewal...check with your lawyers
Get moving fast man
You better get your 140 applied ASAP and hope that you get your approval before March 2007. Then you can apply for H1 for 3 years. I was in a similar boat and I got my 140 about 1.5 months before my H1 was expiring (8th year). I then used Premium Processing and got H1 in 4 days.
It will be tough call if you can get a 1 year renewal...check with your lawyers
Get moving fast man
more...
zofa30
09-13 02:40 PM
Hi pd052009,
Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
Thanks.
Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
Thanks.
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Beemar
11-04 09:08 PM
Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.
Saving grace - Our H1/H4 are in order with many long years left on them.
Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?
Saving grace - Our H1/H4 are in order with many long years left on them.
Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?
more...
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smuggymba
09-17 11:19 PM
FB spillover from a year gets added to overall EB quota of 140K for next year. And each category gets its proportional share of the spillover.
do we know how much it is for this year?
do we know how much it is for this year?
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perm2gc
08-02 02:22 PM
You probably meant to say that you are NOT an immigration lawyer. Correct?
Yes..sorry for the Mistake
Yes..sorry for the Mistake
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vkrishn
08-27 08:13 PM
There is no point in moving the PD if they cannot process the PD's who are current. This is what is happenning now in USCIS. I would rather they move it by small amounts and process those who are current than give false hope to people!
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gbeltrao
08-30 04:42 PM
My wife had her fingerprinting done about a year ago. Same happened for the medical exam. I had my I-140 approved and we're now on the I-485 stage. Yesterday my wife received a letter scheduling an appointment to do a biometric at our local uscis office... what is this biometrics about since the med exam and fingerprints are done? Would this be for the final interview or are there an specific letter for this? :confused:
more...
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prdgl
02-10 09:43 PM
Hi,
I am with employer A (he is good except that he doesn't like me talking to the attorney directly about GC process. I have to go through him for every single details and he is busy usually so contacting him is also a bit pain. Because of this my process is getting delayed sometimes).
Having said this, I joined this employer A in 2004 after I graduated and i am with him for 2.5 yrs since then. Now I am starting my GC process and I cannot show this 2.5 yrs of experience to my LC process (which is logical). On the other hand, I found another employer B who is willing to process my GC with one of the top attorneys.
So if i switch now, I will
1. Be able to apply for EB2 (MS + 2.5yrs + 1 yrs(before MS) = MS + 3.5yrs)
2. I get a very good attorney to file my GC
3. I will be able to have a direct conversation with the attorney (employer said its between me and the attorney)
If I don't switch, my odds are that
1. I have to go with Eb3 (MS + 1 yrs(before MS) = MS + 1yr)
2. Can't talk to the attorney directly
So IS IT WORTH switching the employer for
1. Gettting into EB2
2. Getting a good attorney to file my LC
3. Be able to talk to attorney directly
Your thoughts and suggestions are highly important. So please let me know what you will do if this is the case ?
Thanks
I am with employer A (he is good except that he doesn't like me talking to the attorney directly about GC process. I have to go through him for every single details and he is busy usually so contacting him is also a bit pain. Because of this my process is getting delayed sometimes).
Having said this, I joined this employer A in 2004 after I graduated and i am with him for 2.5 yrs since then. Now I am starting my GC process and I cannot show this 2.5 yrs of experience to my LC process (which is logical). On the other hand, I found another employer B who is willing to process my GC with one of the top attorneys.
So if i switch now, I will
1. Be able to apply for EB2 (MS + 2.5yrs + 1 yrs(before MS) = MS + 3.5yrs)
2. I get a very good attorney to file my GC
3. I will be able to have a direct conversation with the attorney (employer said its between me and the attorney)
If I don't switch, my odds are that
1. I have to go with Eb3 (MS + 1 yrs(before MS) = MS + 1yr)
2. Can't talk to the attorney directly
So IS IT WORTH switching the employer for
1. Gettting into EB2
2. Getting a good attorney to file my LC
3. Be able to talk to attorney directly
Your thoughts and suggestions are highly important. So please let me know what you will do if this is the case ?
Thanks
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chem2
08-17 07:07 AM
The employer cannot ask you to pay H1 filing fees. You may be responsible for attorney fees, but legally the employer is not allowed to charge you for any filing fees they pay the USCIS (the ~1400 $ you mentioned earlier). I have been in the same situation for many years, my employer requires me to pay attorney fees, but they take care of the H1 filing fees.
I'm no legal expert, but the extra 1000$ tagged on for attorney consultation sounds bogus to me. Attorney fees should include any and all required consultations.
Since you have no plans to join this employer, you may want to investigate what legal options you have, for example, complaining to DOL, USCIS, etc.
good luck. i hope everything works out for you.
I'm no legal expert, but the extra 1000$ tagged on for attorney consultation sounds bogus to me. Attorney fees should include any and all required consultations.
Since you have no plans to join this employer, you may want to investigate what legal options you have, for example, complaining to DOL, USCIS, etc.
good luck. i hope everything works out for you.
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sam2006
07-18 06:59 PM
Yes you will still fall under July ..
The dead line is 17 Aug ...
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The dead line is 17 Aug ...
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OLDMONK
06-25 01:19 PM
I did my pictures @ photopeople (studio) upwards of 80 bucks for me wife and son. Well I was still not satisfied.
So setup my own studio at home. A white sheet (ironed) and my Canon G6 on a tripod did a fantastic job. Took about 50 pics and finalised 1 for each. Next step was to get it in 2x2 format, In photoshop rescaled image to a height of 2 without messing with width (auto). The cropped extra width to make it 2 inches.
did a new canvas 6x4 inches in photoshop and pasted 6 copies 2x2 each (2rows of 3). Printed at instant machine at cvs $2 for 36 pictures total. I am happy with overall quality now.
And BTW I am not a web designer or a graphic designer. I am an Oracle DBA. So I am pretty sure anyone can do that provided you have some graphic editing/layout software. The only place where photoshop comes handy is exacting the size which would be difficult to do in vanilla paint in windows.
Recommended only if you are not getting a good picture even after spending ton of money.
Another tip is To avoid any shadows stand farther away from background (sheet in this case) and do it in daytime with blinds open with you facing a window or a patio/backyard door. Also zoom in to get exactly what you are looking for while shooting that way less cropping is needed. Try not to use the Flash (use it only if you are getting a shadow inspite of stading at a distance from the background.)
Also please go by instructions / specifications on the pictures as per following.
http://travel.state.gov/passport/guide/guide_2081.html
This may only work for Hightech Computer workers (with computers at home) and some rudimentary knowledge of graphics. For Medics and others with minimal computer skills, please don't waste time. It critical to have the pictures today or tomorrow even if you have to get from CVS/WALGREENS/RiteAID/SAMS/COSTCO or all and choose the one you are happy with.
So setup my own studio at home. A white sheet (ironed) and my Canon G6 on a tripod did a fantastic job. Took about 50 pics and finalised 1 for each. Next step was to get it in 2x2 format, In photoshop rescaled image to a height of 2 without messing with width (auto). The cropped extra width to make it 2 inches.
did a new canvas 6x4 inches in photoshop and pasted 6 copies 2x2 each (2rows of 3). Printed at instant machine at cvs $2 for 36 pictures total. I am happy with overall quality now.
And BTW I am not a web designer or a graphic designer. I am an Oracle DBA. So I am pretty sure anyone can do that provided you have some graphic editing/layout software. The only place where photoshop comes handy is exacting the size which would be difficult to do in vanilla paint in windows.
Recommended only if you are not getting a good picture even after spending ton of money.
Another tip is To avoid any shadows stand farther away from background (sheet in this case) and do it in daytime with blinds open with you facing a window or a patio/backyard door. Also zoom in to get exactly what you are looking for while shooting that way less cropping is needed. Try not to use the Flash (use it only if you are getting a shadow inspite of stading at a distance from the background.)
Also please go by instructions / specifications on the pictures as per following.
http://travel.state.gov/passport/guide/guide_2081.html
This may only work for Hightech Computer workers (with computers at home) and some rudimentary knowledge of graphics. For Medics and others with minimal computer skills, please don't waste time. It critical to have the pictures today or tomorrow even if you have to get from CVS/WALGREENS/RiteAID/SAMS/COSTCO or all and choose the one you are happy with.
Project_A
10-27 09:23 AM
Your situation is exactly like mine. Got OCI for first kid and PIO for the second.
Yes, rules have changed now. They denied OCI application submitted by a friend of mine (for his daughter). PIO is the only available choice.
We are able to get the OCI for our minor kid back in 2006 when there was no restriction on at least one parent to be non-Indian.
We were able to use the OCI card for couple of visits to India – no issues at the immigration ports.
Now it is time to apply for misc. services (due to the renewal of US passport). New rules imply that my kid is not eligible to renew the OCI card. CGI Chicago doesn’t have any information on this and they are not responding to emails and phones. After researching a while, I found the following from the the CGI – Edinburgh: “Minor PIO children whose both parents are Indian nationals or if one parent is an Indian national and the other is ineligible for OCI, are not eligible for registration as OCI. Such minor OCIs who are already issued with OCI cards are not eligible for services under OCI Miscellaneous services. “
I would like to know if anyone had a similar experience. Appreciate your inputs.
Project_A
Yes, rules have changed now. They denied OCI application submitted by a friend of mine (for his daughter). PIO is the only available choice.
We are able to get the OCI for our minor kid back in 2006 when there was no restriction on at least one parent to be non-Indian.
We were able to use the OCI card for couple of visits to India – no issues at the immigration ports.
Now it is time to apply for misc. services (due to the renewal of US passport). New rules imply that my kid is not eligible to renew the OCI card. CGI Chicago doesn’t have any information on this and they are not responding to emails and phones. After researching a while, I found the following from the the CGI – Edinburgh: “Minor PIO children whose both parents are Indian nationals or if one parent is an Indian national and the other is ineligible for OCI, are not eligible for registration as OCI. Such minor OCIs who are already issued with OCI cards are not eligible for services under OCI Miscellaneous services. “
I would like to know if anyone had a similar experience. Appreciate your inputs.
Project_A
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