fromnaija
07-31 11:06 AM
Hi,
My wife is on H4 and I am on H1. We both have EAD. How ever, I have not converted to EAD and intend to be on H1 till i get my GC. Also our H4 and H1 3 year extensions are pending with CSC. My wife has a job offer for which she will need to use her EAD. The question is:
1) Can she change her status to EAD while her H4 extension is pending ?
2) Will her working on EAD jeopardise her H4 extension adjudication ? We want to maintain valid H4 as a backup.
3) What is the process for her to convert from H4 to EAD. Do we have to inform uscis ?
4) Is required, can she change her status form EAD to h4 (if we maiantain valid H4 as well)
Your quick response is appreciated. Thank You.
As far as I know, EAD is not a status but an interim benefit based on the fact that you have a pending adjustment of status. I believe your wife could work and this will not jeopardize your status. (Please note that I am not a lawyer. My answer is based on common knowledge and you may want to ask a lawyer for a legal opinion).
My wife is on H4 and I am on H1. We both have EAD. How ever, I have not converted to EAD and intend to be on H1 till i get my GC. Also our H4 and H1 3 year extensions are pending with CSC. My wife has a job offer for which she will need to use her EAD. The question is:
1) Can she change her status to EAD while her H4 extension is pending ?
2) Will her working on EAD jeopardise her H4 extension adjudication ? We want to maintain valid H4 as a backup.
3) What is the process for her to convert from H4 to EAD. Do we have to inform uscis ?
4) Is required, can she change her status form EAD to h4 (if we maiantain valid H4 as well)
Your quick response is appreciated. Thank You.
As far as I know, EAD is not a status but an interim benefit based on the fact that you have a pending adjustment of status. I believe your wife could work and this will not jeopardize your status. (Please note that I am not a lawyer. My answer is based on common knowledge and you may want to ask a lawyer for a legal opinion).
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gc_chahiye
09-14 03:23 PM
call the attorney who is working on your case and ask if it's a good idea to go...
You will be surprised...Most attorneys are of the opinion that this rally is important and people who are impacted by EB GC dealys should meet with lawmakers to discuss the issue.
exactly! All Attorneys both privately and on their websites (murthy / matthew oh / greg siskind/carl shusterman etc) are all saying we NEED to make it to this rally. This is the last and best hope!
You will be surprised...Most attorneys are of the opinion that this rally is important and people who are impacted by EB GC dealys should meet with lawmakers to discuss the issue.
exactly! All Attorneys both privately and on their websites (murthy / matthew oh / greg siskind/carl shusterman etc) are all saying we NEED to make it to this rally. This is the last and best hope!
s416504
11-17 10:40 AM
Your reply looks OK except your lawyer's suggestion to inform employer about parole status. I don't mind informing employer but the Question is "Is that mandatory to inform employer ?" I think Lawyer's intention could be we need to inform employer (as well as lawyer ) about AP during applying next H1B extention.
Thanks...
Here you go:
If you use AP to reenter, you will no long in H1B status, and you will be a "parolee", but you may still work under the authorization of the original H1B term for the same employer; at the end of the period, you may apply to extend the H1B and then you will get your H1B status back....Sounds not logical, but this is current the CIS interpretation of the regulation.
If you lose H1B, your dependent may no longer on H4; you may keep working for same firm without using EAD until the end of current H1B but you need let employer know that you enter with AP.
Please consult a immigration lawyer and get clarification, above is the reply I got from my lawyer when I told him about using AP while re-entering US.
Thanks...
Here you go:
If you use AP to reenter, you will no long in H1B status, and you will be a "parolee", but you may still work under the authorization of the original H1B term for the same employer; at the end of the period, you may apply to extend the H1B and then you will get your H1B status back....Sounds not logical, but this is current the CIS interpretation of the regulation.
If you lose H1B, your dependent may no longer on H4; you may keep working for same firm without using EAD until the end of current H1B but you need let employer know that you enter with AP.
Please consult a immigration lawyer and get clarification, above is the reply I got from my lawyer when I told him about using AP while re-entering US.
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msekhargc
02-13 05:08 PM
Want multi-year EAD !
Want to get out of retrogression !!
Want to get GC faster !!!
Then click here on IV
Want to get out of retrogression !!
Want to get GC faster !!!
Then click here on IV
more...
eb3India
09-05 03:57 PM
Well if the Republicans want those hispanic votes why dont they
pass the CIR right away? Why they have to wait until the mid term?
oh yaa, they will be losing all the red-neck neo-cons vote ;) right away, in my view everybody includeing Dems are just test water and see how people in their consitutancy are feeling about immigration subject and results show many americans are against CIR in principal (thanks to Lou and co campain).
It will be really bad if Reps wins the house again, they can really push their neo-con agenda and CIR will be history very soon.
so It is really important for us to have Dems wining this election :D
pass the CIR right away? Why they have to wait until the mid term?
oh yaa, they will be losing all the red-neck neo-cons vote ;) right away, in my view everybody includeing Dems are just test water and see how people in their consitutancy are feeling about immigration subject and results show many americans are against CIR in principal (thanks to Lou and co campain).
It will be really bad if Reps wins the house again, they can really push their neo-con agenda and CIR will be history very soon.
so It is really important for us to have Dems wining this election :D
glus
05-31 10:37 AM
Thank you once again for contributing guys. We will achieve our success very soon.
:D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D
:D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D
more...
satyasrd
06-14 08:56 AM
This is something that I have requested so many times now but never get a response except for "another July 2007 will never happen again". I am not sure how thousands like me will ever get any relief if we are not allowed to file I-485 and get EAD. How many more years do we have to wait for that... 5, 10, 15 ?!?! This is absolutely ridiculous.
Guys,Please do something for priority dates to be current.We are despirately waiting from 4years to file I-485...EAD...I-140 is approved long back.Atleast in this summer we are hoping......
Guys,Please do something for priority dates to be current.We are despirately waiting from 4years to file I-485...EAD...I-140 is approved long back.Atleast in this summer we are hoping......
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Steve Mitchell
February 15th, 2004, 06:56 PM
Just added the Sony 717 to the list of cameras that the DOF calculator should give an accurate DOF reading. It is my understanding the the COC varies with varies digital cameras. I gathered this information from here (http://dfleming.ameranet.com/digital_coc.html). This is the guy who created the equations for one of Nikon's websites. That is the variable that changes and alters the DOF if I interpurt this correctly. This is the variable that is changed when determing the DOF in the DOF calculator (http://www.dphoto.us/forum/index.php?section=depthoffield) on Dphoto.us.
Your experiencing an effect called Depth of Field(DOF). This is commen and usally you want to minimize it for effect but not in your case.
You will need to learn to use a DOF calculator, there is one on this site but it does not include the 2/3" sensor sive you camera has. A better one for you right now may be this calculator here: http://www.dpreview.com/reviews/nikoncp5700/page2.asp
Using this you can determine the distance you need, focal length and distance to subject to obtain the desired DOF. Currently on the wide end of your camera, you'll need to move about a 1.5 feet from the focus point with f8 to get the DOF you desire. If you get the WA adaptor you'll be able to move closer to about .9 feet from the focus point and still obtain the DOF you desire.
You'll never be able to be within 5 inches from the object and obtain the DOF you desire, it simply is not possible with you camera. As to which WA adaptor to get? I don't know. I've never used anything of the sort so I can not answer that question for you.
Scott
Your experiencing an effect called Depth of Field(DOF). This is commen and usally you want to minimize it for effect but not in your case.
You will need to learn to use a DOF calculator, there is one on this site but it does not include the 2/3" sensor sive you camera has. A better one for you right now may be this calculator here: http://www.dpreview.com/reviews/nikoncp5700/page2.asp
Using this you can determine the distance you need, focal length and distance to subject to obtain the desired DOF. Currently on the wide end of your camera, you'll need to move about a 1.5 feet from the focus point with f8 to get the DOF you desire. If you get the WA adaptor you'll be able to move closer to about .9 feet from the focus point and still obtain the DOF you desire.
You'll never be able to be within 5 inches from the object and obtain the DOF you desire, it simply is not possible with you camera. As to which WA adaptor to get? I don't know. I've never used anything of the sort so I can not answer that question for you.
Scott
more...
lacrossegc
09-06 05:00 PM
" FOR the period you are outside the US" it doesnt have to be and doesnt need to be the same company ...heck you can probably go to timbuktu and work there for timbuktu Inc for all US cares ... your H1B visa will still be valid (provided you still have employment with ABC USA) and you can still enter on the visa along with a supporting job letter from ABC USA. you can still go to the offices of ABC USA and work there (provided they pay the prevailing wage for the time that you work in US, else they might open themselves to litigation (from your side for backwages) ).... ABC USA doesnt have to keep paying you in US dollars if you are not working for them in US, it will be like taking an un-paid leave of absense on an extended vacation to Canada.
The thing is that after you get the green card, you will need to come back to US and work in the same job and location as stated in the Labor Certification, atleast for about 6 months ( to avoid problems with citizenship application in the future) and then you can go to any other US employer of your choice
Well thats the quiestion does USCIS consider Company ABC USA and ABC Canada as the same company ??? Remember I will be paid in Canada on Canadian payroll.
The thing is that after you get the green card, you will need to come back to US and work in the same job and location as stated in the Labor Certification, atleast for about 6 months ( to avoid problems with citizenship application in the future) and then you can go to any other US employer of your choice
Well thats the quiestion does USCIS consider Company ABC USA and ABC Canada as the same company ??? Remember I will be paid in Canada on Canadian payroll.
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eb3India
03-09 09:03 PM
I simply don't get it, first everyone blamed 245i cases and April 2001 deadline, we now passed this stage, I really don't see that many people from India are waiting for GC with PD 2001, so who are consuming these visas, there are only few guys from this year, most of my friends how applied during this year got their greencards
it just does'nt make sense, yes ofcourse reforms is dire necessity
it just does'nt make sense, yes ofcourse reforms is dire necessity
more...
sammyb
11-15 09:55 AM
Hello IV members : I am mad about discrimination agst Indian and China born applicants for GC processing times. I have read many posts in here and it states to join tri-state chapters .. What does it mean? How can we be part of this.. Pls. elaborate.
Thanks
http://immigrationvoice.org/forum/forumdisplay.php?f=17
check this link and find out your state chapter ... each state has its own yahoo groups mailing list and identified state chapter leaders...
Thanks
http://immigrationvoice.org/forum/forumdisplay.php?f=17
check this link and find out your state chapter ... each state has its own yahoo groups mailing list and identified state chapter leaders...
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nhfirefighter13
June 4th, 2004, 01:36 PM
Who'd have thought a photo of a bubble could be so neat? :)
Those are cool (I like the very first one best) what shutter speed were those taken at?
Those are cool (I like the very first one best) what shutter speed were those taken at?
more...
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kzinjuwadia
05-25 01:22 PM
After receiving GC do we have to report to SSN to change the SSN card but with same number. Existing card says work paper required.
Any anyone knows action item required after receiving GC then please post here?
Ppl do that; but I don't think it's a compulsory thing. Maybe it's good to remove one of the last traces of being non-immigrant in US ;)
Any anyone knows action item required after receiving GC then please post here?
Ppl do that; but I don't think it's a compulsory thing. Maybe it's good to remove one of the last traces of being non-immigrant in US ;)
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brb2
04-06 07:54 AM
People over 5 years will be eligible to apply for green cards after 6 years! This bill puts illegals in the place where they should be put, and I would not call it amenesty by any measure.
With this bill, if the thought is that about half of the illegals (<5yrs) will have to leave the country and return, and that too without any guarantees, they are not going to do it unless the consequences are drastic. Some, even then may decide that staying illegally is a better option than going back.
IMHO, this bill amounts to saying,
1. Let's legalize some of the illegals
2. Let's push the the rest of the problem away for another 10-12 years
3. A compromise
But the question that arises is that, what prevents people who have been here legally (>5yrs) from applying for GC thorugh this method?
With this bill, if the thought is that about half of the illegals (<5yrs) will have to leave the country and return, and that too without any guarantees, they are not going to do it unless the consequences are drastic. Some, even then may decide that staying illegally is a better option than going back.
IMHO, this bill amounts to saying,
1. Let's legalize some of the illegals
2. Let's push the the rest of the problem away for another 10-12 years
3. A compromise
But the question that arises is that, what prevents people who have been here legally (>5yrs) from applying for GC thorugh this method?
more...
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mysticblue
08-17 02:49 AM
You can start working for Employer C as and when you have the receipt notice for C's transfer. Just make sure, you file for transfer before termination. You have all the documents that is required for H1 transfer, dont worry about it.
Thank you so much. Your advice is highly appreciated.
Thank you so much. Your advice is highly appreciated.
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aarzoo
02-02 06:33 PM
@clockwork: Can you suggest some good lawyer(s).
more...
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nageshwarraoj
06-15 04:15 PM
I filed I-140 and I-485 before retrogression and
My I-140 is approved May 30th 2006
CATEGORY: EB2 (NIW)
FP1: 10/16/2005
FP2:05/24/2007
Medical: 07/02/2006
Can I expect my Green Cards in July, 2007 please anyone?
My I-140 is approved May 30th 2006
CATEGORY: EB2 (NIW)
FP1: 10/16/2005
FP2:05/24/2007
Medical: 07/02/2006
Can I expect my Green Cards in July, 2007 please anyone?
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nlssubbu
12-24 01:22 PM
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
I don't see a reason for you going in for H1-B stamping. You can enter using AP and still have H1B validity, if you don't use EAD for job. If different company willing to sponsor H1, then you can transfer it without any issue. Please make sure that the job offer from the new company is "same or similar" in nature.
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
As stated by you, use of AP does not invalidate your H1B. If you want to change employer, you can transfer the existing H1B instead of re-apply for a new one.
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I myself came back to US using AP thrice and extended my H1B twice after such entry. You need not send your existing I-94 to them. Your H1B will come with the new I-94 with the same number of your white one for the extended time period.
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
I think it is only waste of time (to go to consulate) and money (to spend for the visa stamping)
Thanks
Thanks
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
I don't see a reason for you going in for H1-B stamping. You can enter using AP and still have H1B validity, if you don't use EAD for job. If different company willing to sponsor H1, then you can transfer it without any issue. Please make sure that the job offer from the new company is "same or similar" in nature.
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
As stated by you, use of AP does not invalidate your H1B. If you want to change employer, you can transfer the existing H1B instead of re-apply for a new one.
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I myself came back to US using AP thrice and extended my H1B twice after such entry. You need not send your existing I-94 to them. Your H1B will come with the new I-94 with the same number of your white one for the extended time period.
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
I think it is only waste of time (to go to consulate) and money (to spend for the visa stamping)
Thanks
Thanks
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psaxena
02-04 07:24 PM
Hi All,
I have created the evite invitation for the members who would like to attend the Meet & Greet Event. The location is not yet decided but can be decided based on the number of participants.
Please find below the link for the evite.
http://www.evite.com/pages/invite/viewInvite.jsp?inviteId=FCRJTQXZAHRPZTMFUNXT&li=iq&src=email&trk=aei6
Before entering the details please make sure in the "Reply Here" box to click on
"NOT member.iv@gmail.com" and then enter you name and members attending the potluck item you will be bringing. please refer to the comments of the other members attending the event to bring in more variety.
Lets make this event successful. Small steps to our successful future.
All the best.
I have created the evite invitation for the members who would like to attend the Meet & Greet Event. The location is not yet decided but can be decided based on the number of participants.
Please find below the link for the evite.
http://www.evite.com/pages/invite/viewInvite.jsp?inviteId=FCRJTQXZAHRPZTMFUNXT&li=iq&src=email&trk=aei6
Before entering the details please make sure in the "Reply Here" box to click on
"NOT member.iv@gmail.com" and then enter you name and members attending the potluck item you will be bringing. please refer to the comments of the other members attending the event to bring in more variety.
Lets make this event successful. Small steps to our successful future.
All the best.
Norristown
10-15 07:47 AM
You are correct Chandu !.
My manager suggested me to read this book. Actually he refered this book for one of the middle eastern issues.
Even though the company is not fully satisfied with Outsource team performance, still they want to stick to it some time beacuse of low budget and cutdown time. Outsourced company has offered 24x7 development which will attract most US companies.
I think time will come soon that we are going to have GreencardVoice.org and fight for early US citizenship for GC holders!
My manager suggested me to read this book. Actually he refered this book for one of the middle eastern issues.
Even though the company is not fully satisfied with Outsource team performance, still they want to stick to it some time beacuse of low budget and cutdown time. Outsourced company has offered 24x7 development which will attract most US companies.
I think time will come soon that we are going to have GreencardVoice.org and fight for early US citizenship for GC holders!
sriteam
07-07 02:04 PM
Rated 5 starts.
