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ronnie0479

09-19 07:33 PM

How about working on an EAD in a part-time job while working full-time on your h1 sponsored job? I assume the h1 will not become invalid in this case because EAD is being used for the part time job.

Once you use your EAD , it mean you are forefitting your H1 , H1 is a status , u cant be in 2 status at the same time. Once the part time employer uses your EAD card to give you a job basically he has to submit that info to the INS and that will automatically invalidate your H1 status. This EAD which u received is for allowing you to work which the change of status from H1 to green card is taking place.

Ronnie

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hmehta

06-07 06:03 PM

Unfortunately, nobody can predict this.

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m2kkk

07-31 12:29 PM

I don't see the gain. Although a fresh L petition has better chance of approval, you still have to get a visa approved, which may get rejected.

Given your wife's situation of EAD, you are better off applying for an extension here. They will not reject an application as long it meets all the requirements.

Thanks ! I dont know if the reasons for rejection are entirely based on merits of the petition but from experience of my coworkers around here, the employer advises a fresh petition. If I wish to go for a fresh petition how soon can I travel before my VISA expiry date ? Is there any deadline stipulated ? My VISA expires on 11/18/2008. Can I travel in Sept and submit a fresh petition for approval ?

Thanks

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VivekAhuja

09-11 05:20 PM

http://www.uslawnet.com/Englishhome/News/messages/234.htm

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validIV

03-24 10:49 AM

In summary, the immigration system remains broken. Pls fix k thx.

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needlotsofluck

07-24 08:59 PM

My attorney signed my I-485 AOS/EAD/AP applications and posted them on July 2nd as he was in a hurry to apply because of July 2nd scenario. Is it ok for the attorney to sign our papers. Is anybody in the same boat as me. I am a little concerned as the USCIS FAQ says application can be rejected if signature is missing. The application reached USCIS on July 3rd.


My attorney also did the same. I did not sign on my application. But he sent me power of attorney to sign. They did this since they were beating the July 2 brouhaha which previous to that week, they already knew what's going to happen.

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kumar1305

01-25 03:06 PM

IMO: 7th Year extn can be filed if PERM is pending for more than 365 days or if I-140 is approved.

You can also get 7th yr extension with approved labor. With approved I-140 you get 3 yrs of extension.

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bsbawa10

03-11 09:30 PM

I have filed for the position for "Progammer Analyst " in company A. I applied for I485 after I140 approval and it has been more than 180 days. I work for company B but in totally different position(unrelated to programmer analyst).
I just got a job of "Programmer cum Instructor" from company C who is transferring my H1. I do not know if I can invoke Ac21 or not. In case yes, then I think I will never have to join company A. Am I right ?

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JazzByTheBay

08-01 08:48 PM

You can call USCIS if you don't hear from them within 90 days of filing EAD. Many of you probably know this already, but I thought that was interesting... and may benefit those who didn't know this already.

jazz

If Your Case Is Outside Our Current Processing Time (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=66f70531eaa9e010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD)

If you filed a Form I-765, Application for Employment Authorization, and it has been longer than 90 days since you filed and you haven't gotten an update from us within the last 60 days, and have not seen any public notice that addresses your case type, please don't wait the extra 30 days. Call customer service immediately.

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senthilnathank

10-07 04:54 PM

No. But the employer can file for 1 Year extension if there was a Labour or PERM was filed and it's pending. If I140 is approved and waiting for I485, employer can file for 3 year extension.

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roshnichowdhry

10-05 06:53 PM

Thanks a lot! That was really helpful!

Roshni

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kumar1

12-05 07:32 PM

1. Is it is consulting job? If yes then it does not matter. If it is a full time job, go for stability. You need to hold on to your job for quite a while.
2 "Consider" is a dangerous word. Have them give you in writing when would they start the process. If they are not giving you in writing, believe me, they will never start the process.
3. It is random. Consulting jobs tend to get more RFE.

Good Luck.

I got laid off recently.

Now got job with 2 companies. 1 small and 1 big. 3 questions:
(1) Should I select based on my salary? Big company offers more salary.
(2) I have to now start Greencard again. So should I choose big company or small ? Both said they will consider sponsoring if performance is good.
(3) If I transfer H1B Is Big company likely to get RFE or small?

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IQAndreas

03-05 01:36 PM

Next we need a competition to pick out all the hidden words! ;)

Just by glancing, I already have "borders", "luck", "needs", "haha", and "winner" (trying some sort of psycological hidden-text-influences-mind on that last one, eh?)

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ttdam

10-18 01:19 AM

Hi

I m starting a new thread for people whose 485 packets sent to VSC for receipting and returned back to TSC for 485 adjudication

EB3
PD 10/04
RD 08/03
ND 10/12

I-140 filed @ TSC, I-485 sent to TSC. Checks cashed from VSC and I-485 returned back to TSC

I-765, I-131, FP are pending.

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sandeep_1

07-19 09:49 AM

I just want to start a thread for folks whose primary applicant is approved but derivative is pending. My case was approved on July 8th, but my wife's case is still pending. Here is the complete list of steps that we have taken.

1) Created an SR on 07/09/2010 (No response yet)
2) InfoPass appointment on (07/16/2010); Reveals that case is pre-adjudicated.
3) Submitted form DHS-7001 (07/19/2010)

Please share your comments, thoughts and experiences on how you dealt with this situation.

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perm2gc

11-30 10:09 PM

Hi,

I am in a fixed situation and in big dilemma.
My H1 is expiring in 2007 June first week.

My current employer's (A) attorney is useless and I had to struggle for a year to get my labor filed.
Labor got approved recently and still struggling to file my I-140 in premium.

Meanwhile, I got an offer for permanent employment in a good organization (B).

I would like take that offer but issues that are bothering me are:

1. If I wait and finish my I-140 with current company (A), do I have to get 3 years H1 extension with Company (A) before transferring to company (B)?

2. Do company (B) have rights to extend my H1 visa for 3 years with I-140 approval from current company (A)?

3. Is it safe to switch companies immediately after I-140 approval? I thought 180 days time is preferred but I don�t have the luxury of waiting for 180 days.

Please help me with these questions.

Thanks!!!

Welcome to immigrationvoice.Please search the forum before posting a new thread..your type of scenario has been discussed and properly addressed by the members.Here is one such thread.
http://immigrationvoice.org/forum/showthread.php?t=2417.
If that didnot help you..i request to take some time to search the forum.

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bkshres

04-07 04:07 PM

Even I am in similar situation. My EB3 ROW has PD of March 2006 (RD July 2007). I am not sure when my EB3 case will get approved. I have masters degree and 6 years of work experience. I can change job and get EB2 started. But will it help? Because going to new job and going through labor might take a year or more.

Could anyone please suggest whether I should change job at this point of time or wait for my EB3 case to approve?

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jsb

08-27 11:08 AM

I just got off the phone with a second level rep at USCIS and am getting really confused with their mixed messaged. before i push any panic buttons can some one please let me know if they had any conversations with the idiotic bunch at uscis and share your conversations with regards to the visa availability for next month. this idiot states that vsc just oversubscribed and that it could be that there wont be any movement on the cases. all this over enthusiasm for nothing - that would really infuriate me. there is a limit to the fuss they can cause and play with emotions.

Let us look at it positively. Sept dates are already published. Therefore, centers are now free to assign visas for cases they may have already preadjudicated, but wait for issuing approvals until September. It is quite possible that all the visas available have already been assigned to these preadjudicated cases, and they are now just waiting for September to come so that they can issue formal approvals

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bestia

03-20 03:30 AM

You are fine, you can use AC21. You don't need to have I-140 approved to invoke AC21. You can even port your H1b to company A or you can just use your EAD. You just have to make sure that they won't withdraw your pending I-140 and properly reply to any RFE.

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mattresscoil

12-09 11:02 AM

Hi everyone,

I applied for my I-131, I-765 and I-485 together under EB-2 category on the 13th of September 2010. I got approval letters for both I-131 and I-765 by the 9th of November 2010. My wife and I also received our EAD cards and travel documents. But today I got another set of receipts for both I-765 and I-131 with rfe for photographs. The receipts number are different in both the previous and new receipts and the new ones are showing up in pending state on the USCIS website.

Please let me know what can be the reason I got these duplicate receipts and what should be the next steps.

Thank you all in advance,
Bathuzp
Take Infopass and talk to them. In my opinion if you have approvals in your hand, they stand valid.
USCIS - Left hand does not know what right hand does and vice versa.

I understand your confusion, I hope you find a patient officer at your infopass appointment.

Question:
Did you apply for your EAD/AP yourself and did your lawyer(if you hired) also apply for EAD/AP. Check with your lawyer and employer too.

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ashwinr

10-07 11:44 AM

I paper filed my EAD at NSC last month. RD was 23rd Sept & ND was 2nd Oct.

Looks like yours is a longer delay. Not sure what can be done here. Please keep checking to see if check's are cleared.

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