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This one was posted originally at http://immigrationvoice.org/forum/archive/index.php/t-20450.html. Just replace USVI with Hawaii.

USVI is a US territory hence, you will be able to fly in with the drivers license. They do not take your I 94 back. Just to make sure you are in US territorial waters, don't swim or wade out more than 5 feet out in the water. You could be swimming in international waters without proper US exit authorization. Your entry to shore could be subject to unauthorized landing. A water tight bag lugged around your fanny with passport/I94/H1B/paystubs/employer letters/DL(Driver License)/EAD(Employment Authorization Document)/AP(Advanced Parole)/receipts/etc etc. should keep you safe though. Just keep it away from the sharks. Enjoy your vacation.:D:D:D

You can't gain any legal status using your Canadian employment. It's like you're working for a company in your home country and staying in the US. Your home country's company cannot sponsor you for H1 unless they have a branch here in the US. At best, you can stay in the US by using other status like being in H4 and your spouse working as H1. OR if you have a GC.

Hi,

I am on EAD with my GC sponsor, 485 pending - PD Dec2006. I was a Sr.QA Analyst while my Labor was filed. Those job responsibilities were submitted in labor along with generic titles like programmer analyst etc.

Now that I have planned a technology change, I am moving into SAP BI. As it is getting tough to get contract positions and lot of FTE opportunities. I am wondering what my options are. Having said that I am also anticipating my PD to be current in july/aug/sep 2011.

I was told by my employer that I could temporarily resign , take a FT with another company and join back within 6 months.
During this time they would continue with my green process.

In this situation while I am very close ( 6-9 months) for my PD to be current, what are my best options?

1. AC21 - get it all done with new company ? Job title from Sr.Qa to SAP BI would it be a problem?

2. Temporary resignation and rejoining - is it really feasible?

3. Stay with current company - try for contract positions even if it means that I have to stay long on bench. I have been already out since Aug.

Please pour in your thoughts.

Thanks for your help.

Before answering something like this, you should know what you are answering.

could you please explain?


UPDATED my original post: also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?

Welcome to our newest member rockets12345!

3871 and counting...

29 more to go!!

Just pray. Nothing can be done. If they find out, you are in trouble (cancel H1B and out). If they didn't find out, you are ok.

If the work for the same employer is fine. The EIN in the W2 and 1099 should match.
If any query comes, you can say overtime is billed on 1099.

I am currently on H1B thru a hospital as a physician and I did extra shifts for the same hospital and my extra icnome was given on 1099.

Is it illegal even if it is the same job but extra work?
Does it matter if the emoloyer already filed I140 on my behalf?

I know atleast 2 individuals who did it and got greencards without a problem.

congrats

It now seems that Reid will go ahead with the climate bill instead, guess they may have border security in place before looking into the Immig bill.

Yes you can apply, but you need to have a Co-signee who is either a US citizen or Permanent resident

I had applied under EB-2 category and my priority date is: 3/3/2006.
My I-485 was filed on 8/2/2007.
My I-485 was approved and I received my Green Card on Aug 15th 2008. Surprisingly and rather unfortunately, there was no action on my wife's I-485. My wife�s case was submitted with my own case on 8/2/07. The TSC at that time reported that �normal� processing time is 7/16/2007. So basically I got mine out of turn or by chance. The TSC protocol permits attorneys to inquire regarding the status of an I-485 beyond normal processing time if the receipt date is more than 30 days beyond the published processing date. So we could not inquire about my wife's application and soon the priority date changed back.

She has an EAD approved until Oct 2010. She is currently employed. I am also employed with my first company and have been with them for 5 yrs now.

My questions are:
1. What happens to my wife's I-485 application, should I choose to leave my job and go back to school ?
2. Will her EAD still be valid if I leave my job ?
2. I am planning to go full-time starting Fall 2010. Will we be able to renew her EAD independent of my work status ?

Thanks a lot for your time and attention,

with your efforts. I hope you don't get banned...

what makes u think that he would be banned for asking such questions - if IV is busy may be some senior members can answer.

Hi friends
I am sure lot of applicants are hold up in labor certification at Backlog Processing Centers. The implication of this delay are; even if the current bill is passed and all the provisions in the current bill are implemented, still it will be of NO USE to the applicants who are awaiting labor certification.

The other option is to apply through PERM and try to get certification quickly. But the catch here is, if the PERM application is approved then the original labor application is cancelled and priority date would become 2006. For example, if someone's application is pending since year 2002 and now if that person applies through PERM and if it gets approved within three months then that person would loose the priority date of 2002 and will have a priority date of 2006. If the green card numbers are not current then it would be a big disadvantage.

On the other hand if someone had applied through PERM in 2004 and his/her labor is approved then, with this new proposed bill, there is a good chance that he/she might get green card immediately because priority dates would have moved up to 2004. The reason I think this is a possibility is because, the quota numbers are going to increase substantially and BPC is very slow in approving labor certification. Hence there is a good chance that priority dates would move up fast.

If this happens then people who had applied earlier and waited for such a long time, will be at very big disadvantage.

I propose that we should request for change in law to allow existing applicants to apply through PERM and keep the old priority dates even after the application is approved.

This will not only help all of us but also help the authorities; as it would reduce the work load on BPC.

Friends at the end, may I request you to please send your thoughts on this?

Thanks

Thank you so much for your reply. What you said was exactly what I wanted to hear. You said passport has no importance for immigration (GC) purpose. How about for H-1B extension? I do not plan to travel until I obtain the GC. Where can I find I-94 expiration date and does I-94 have to be renewed with a valid (not expired) passport? TIA.

You might have recevied I-94 at POE when you entered in USA with H1B visa (or it may be part of your h1b approval notice) For H1b extension, you need to attach the copy of the latest I-94. I dont think you need to attach copy of passport, when you extend H1B status or I-94 with in USA.

Can you then apply for the new H1B durng the 12 month stand down period or you have to wiat the 12 months before applying for one?

Thank you all for your quick response. It was very helpful.

there's a wallpaper section??

where..?

I got the same queries guys.
i think most of vermont transferred applications are getting it.

i will also send color copies of all the documents mentined by you.

how do you have i 94 for all h1's. i just have my current one. rest all i gave it to immigration while departing to india.

appreciate any responses.

thanks,
srikanth
Sent the all the existing I 94's and Passport.

Welcome to our newest member, bhatia_sanjay

3880 members...

Your lawyer (and most of them including some famous on wwww) are DHAKKAN. They have no clue what's going on with VB. They just know how to fill some some form , that also they screw lot of time.

My lawyer says there is going to be about 5-10K spillover from Family to employment based. Gurus can you estimate how much dates will move if that happens. I am hoping nothing for EB3 though :(

He said end of year for spillover from family. So I understood as September,
I also asked how many visas a left. He said only about 9 thousand for EB2 in total. They approved a lot this month. Next month more approvals will happen. For EB3 India he said only a couple of hundred are available till end of September.

Yes It applies to new employer as well.

Here is my timeline

on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4


EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.