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1. Can we use AC21 provision without EAD card ?
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?

1. Can we use AC21 provision without EAD card ?

Answer: Sure, you can. In fact, that is the advised approach. Do not fall back on EAD unless absolutely necessary.

2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?

Yes, If you wish to work on EAD then you need to have it by Jan 2008. Unless the interim EAD option is bought back, I doubt if any July filer will have an EAD by January 2008. I would suggest you be prepared to extend your H-1b.

3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?

Answer: Yes. You can do it yourself, but you will need evidence to show that a 485 has been applied.

I have 2 approved I-140s from same company with which I am currently working. One PD is end 2004 and another is end 2005.
My I-485 was filed last July with PD end 2004 (I-140 was approved way back in 2006).
Recently, an ombudsman inquiry revealed my PD to be end 2005 and not end 2004. The 140 with PD end 2005 was never used to file 485.
Anybody with similar experience?
How do I get this corrected?
My category is EB2 India.

Granted, its nto the best way. Now, can you suggest a way pls ? What is generally recommended ?
Can you pls help 'convince' people to contribute...

one suggestion, make it a paid site. Even a minimum of 5$ a month would add quite a bit to the revenues. Even if we assume only 5000 people will sign up, it is still a decent chunk of money. I am not sure if this goes against the principles of a non-profit organisation. The way I look at it, people are saving a lot of money by avoiding lawyers fees.

Plus we have people who are willing to donate. How many of these 20,000 people you think are people who people who understand BEC and the long term effect of the surge of applications. It is important to make people understand the effects and the potential problems with retrogression. Let us take a poll for people to see how many of us are just happy to get EAD/AP. We might find some surprising answers!

How about pledging anywhere between 1 to 5 % of our tax returns? If enough people do it, that should do the trick.. But we need to widen the base, I think.. I don't think the problem is of people not contributing enough, the real problem is that we do not have enough people contributing.

But an interesting idea nevertheless.. though 2K is beyond my means at the moment. :o

You need to bump this thread zillion times, before you get like 100 contributions. People are busy filing for 485 now and later on busy waiting for ead's and later on busy getting their infopass appointments and the list goes on... forever.



^^

I am currently living in the US on H4. I will be getting my H1 approval in a couple of weeks.

What will be my status till Oct 1st from the day my H1 is approved?

Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?

What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?

What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?

What will happen if I get my I20 before I apply for EAD or before my H1 is approved?

Please help me out.

Thanks

I'm waiting as well PD Nov 2005, I-140 approved July 2006. RD July 2, 2007.

Issued in public interest

Ever since Department of State (DOS) has issued visa bulletins having significant progression of something, what is known as a priority date in certain categories, COLTS has made a comeback to the immigrant community.

For the uninitiated, COLTS stands for Compulsive Obsessive LUD Tracking Syndrome. Surprisingly, it is somehow associated with DOS's monthly visa bulletin and often lags the bulletin by 15-20days after the issuance of the same. It's highly contagious. The only antidote to COLTS known to the humankind is CPO, Welcome or other such emails from USCIS. It doesn't go into full remission until a physical GC is to the sufferer's hands. COLTS as a epidemic generally subsides when DOS severely retrogresses what is known as a priority date but raises its ugly head when the same progresses again.

The symptoms of COLTS is several. The sufferer is often seen logging to the USCIS.GOV site with increasing frequency and making status searches every few minutes. It raises the level of angst when the antidote (as explained earlier) is not received. Sometimes it proves to be a predecessor to other syndromes such as CUPOJMS (Calling USCIS by Prince Of Justice Method Syndrome) , OSRS (Opening Service Request Syndrome), TIAS (Taking Infopass Appointment Syndrome) and CYCS (Contact Your Congressman Syndrome). The good news is, the antidote can correct all these syndromes at once.

Immigrants from ROW (Rest Of World) seem to be immune from it. But immigrants from highly subscribed countries such as India and China have been found to be particularly susceptible.

The last time this epidemic was of such ghastly proportions was in 2008 and that time too, it was known to lag the DOS visa bulletin which had significantly progressed the priority dates. Since the connection between the bulletin and the syndrome has already been proved beyond doubt, it's very surprising that DOS has not learnt its lessons and instead of slowly progressing the dates which will desensitize the sufferers, it is still progressing or retrogressing the dates by months, sometime by years.

Your truly has the fast hand experience of suffering from the syndrome. Being abused and victimized by the visa system in early immigranthood, he developed the syndrome with the issuance of August 2010 visa bulletin. Only after the antidote arrived on August 3rd, did he made a sound recovery and was able to pen this.

The immigrant community is advised to keep it under check and wait till the antidote arrives from USCIS.
Good one!! Congratulations!! We wait for our respective antidotes to arrive some day.... as the oldie song goes - "aayega, aayegaa, aayega... aayega aane waala, aayegaa" :)

I attended the event at UMass Lowell. Congressman Marty Meehan and new governor elect Deval Patrick were at the event. The topic of discussion was "global warming". Both governor and congressman took off after the event but I had a chance to talk to their staff.

One of congressman's staff went through the folder I provided with IV documents but he works for energy related issues and will pass to the staff dealing with immigration. He did provide me the senior staff member who looks into immigration issues. I'm going to email and try and meet him. Congressman Meehan is part of the judiciary committee related to immigration.

MA members> I'll send out a separate email to you guys and each one of us should contact and educate the congressman though his main focus seems to be the climate change issue.

The way the government is trying to make money by first increasing H1-B fee and then adding premium processing and then adding I-140 premium processing, it looks like we are not too far from premium processing everything in GC(I-485 etc).

They could introduce a jumbo offer for $20,000 and you get GC within few days.

NO. It shouldn't create an issue. The key is to "have the guarantee of a same or similar position available for you on permanent basis" at the time of RFE. How many jobs you changed before that is not of a concern.

But t is very important that you act quickly. When you deal with a big employer, the bureaucratic delays can kill weeks quickly, and you will find getting late for your RFE reply.

Contact the employer with "permanent offer" and let them know of the urgency, get in touch with their lawyer, and get the letter framed ASAP. You dont even have to start working with them before sending the letter.

The other option is to get the "employment verification" from your current consulting employer. The only advantage I see here is "probably" time.

Is it not risky to move when your RFE response is pending? I worked for just 2 employers for 9 yrs between 2000 -- 2009
then since March I have so far been with 2 employers and now 3rd PERM offer.. I am concerned if that can create issues..

I too fall in the same boat. I see one of them responding for this post that we can apply for premium processing. If we apply for premium processing before 6 months , does it raise any questions at USCIS ... why this guy is applying for premium processing ?? Are we eligible to apply H1 B Extension with premium processing before 6 months of H1 B Expiry ??

Thanks in advance

How come most of the 2006 PD holders getting approved? I do not have any grudge against who have 2006 PD and got their AOS approved. I am just wondering as to what is making USCIS to choose only 2006 PD ? Definitely, the low hanging fruits theory does not seem to be working here. Anybody has any idea about that ? I am just frustrated.

Hi all,

This forum is full of smart people. So I want to throw my situation out there to get some advice from all of you. I am into 7th year of my H1 with by labor with PD of Sep 2002. At the rate things are moving, I am running out of patience here.

Things took an interesting turn last week, when a mid sized Software co. is willing to outsource me some of their work. Given the size of the opportunity, I will need to go to India to setup a team of 5 to 6 ppl. The co. is pretty eager and willing to offer some of the finanical guarantees I have asked for.

So my question is, should I take this opportunity and say good bye to GC? Or I should be patient as there may be a need to be in US to grow my outsourcing biz, in case it jump starts well. What would you do if you were presented this opportunity and you had the enterpreurial spirits to pull it off.

I would be eager to see what people say here.


You really do not have to say good bye to GC. If your labor has been cleared, you can apply I-140 Premium processing with your present company. Apply perm and I-140 with this new mid sized company. Transfer PD to new I-140 with new company. Go to India to start your company have them outsource to you. GC is for future anyways, work on your new enterprise in India for 1-2-3 years untill your pd becomes current (whenever that happens). At that point you have an option to file I-485. You can still continue in India, with an option to returning or decide at that point if you want to stay in the USA for 2-3 months every-year to maintain GC for 5 years to become US Citizen.

one of my friend got his Initail EAD after 90 days by walking into local office but that was long back in 2002 . Not sure if laws changed ..
In the immigration world, 5 years is like 5 centuries.:)

test

Yes, you can file for multiple visa simultaneously. Your I-9 may determine where you landed at last.
People have no jobs and you are talking about several offers;)

Thanks. I know H1B visa can be applied through multiple employers at the same time ... what I was wondering that can it be applied by the second employer after the expiry of my I-94 ?? Because I have heard that one of the criteria for filing for extension is that it must be filed b4 the expiry of I-94, and that concerns me...

and, no, buddy, i don't have multiple job offers, the 1st company is simply a staffing company with which I would be filing just so that i don't go 'out of status' b4 i get the job with the 2nd company ... i'll be paying the fees from my pocket... I have good chances that i will get that job but not certain... i wish i had several offers... i am just trying to figure out what my options are here...

Hi All,
Can some one advice whether I can qualify for EB-2 Category?

I am a Chartered Accountant from India with 10 years of Post Qualification Experience.

I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.

I do not have any other master degree like M. Com / M.Sc etc.

Would I qualify for EB-2 Category ?

Regards
I am a Chartered Accountant myself with a B. Com and a three year law degree and over 15 years experience but despite a clear reference in the transcript that the CA degree is equivalent to a master's degree and one would qualify to enroll for PHD with a CA degree, my lawyer advised against filing in EB2 and so my GC process is under EB3 category. I also had the evaluation stating that the Chartered Accountancy degree is equivalent to a master's degree.

I would strongly recommend that you should consider filing in EB2 category. But the lawyer has to be comfortable with the filing and theirs must be a reputed law firm as it carries tremendous weight.

But, unfortunately whether you file in EB2 or EB3 it's gonna be a long long wait!!!

Good luck!

Thanks for your reply except for HR letter I think we sent all the mentioned documents for the first response and we are resending them back, My provisional says Mathematics and Marks list says Math may be officer got confused

I was in a similar situation.. not exaclty the same...
I had an approved I 140 and then I got the Notice of Intent To Deny, similar reason. This is what I did.

- I called my unversity and asked them to send me a detail syallbus of the courses I attended
- A letter from a third part evaluator
- An indetail letter from my HR as to what my courses where and how the courses pertain to my work.
- A detailed letter from the attorney.

looks like you do not have any thing to worry, if you took math courses and your syllabus states that then you should be ok. Make sure that you mention in very much detail and repetedly about the courses you took so that they wont miss it. Good luck I am certian you will be ok.

My H1 status is pending does means processing or it will change to processing when they really start to look at it.

Hello,

My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.

1: I assume this should not impact me from filing a joint return. Am I right ?

2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.

3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.

Thanks in advance.

For point # 3 you can always tell USCIS that she joined the company in Nov 2007. It is not required to join the co. on Oct 1 although one gets converted to h1b from h4 when you change status in US. There is something like late joining also hence no pay !

Obviously the employer should have paid her but if she is working thru a desi firm I would understand what would be the case......

I do not think this will impact your 485 as long as you have pay chqs. coming for her in continuation thereafter and w-2 for 2008 meets the Amount on h1b LCA. USCIS will generally look for w-2 and might ask for recent pay stubs.

I have been interviewed for 485 (random pick) and they did not care to look at my pay stub even when I asked them to.........

Ensure that w-2 has the correct numbers else it can be trouble.

Consult a lawyer as all the above is my experience and limited knowledge.......

Hope it helps!!