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GENSCN is right, Logically you should receive the EAD after you give the biometrics. Current trend, people are receiving EADs before finger printing. I received EAD before FP.

Hi Guys:

One of the forum member AbhijitP has a signature that I could not understand. Can anyone give me a little bit more info on his signature.

"I-140: EB-2, approved as EB-3: pending resolution
Successor in Interest I-140: Pending"

Does it mean that his I-140 is approved under EB-2 or EB-3?

So if someone has applied under EB-2, how come it is approved as EB-3

Thanks

I'm going to meet the lawyer to see what is the option here. But what is the best thing to do ...go back to India and get the H4 or apply the cos from h1->H4 from here?

What did your lawyer say?

Anyone guys...?

I've to decide fast what to do....get the H4 stamped from India or do the COS from US. If we go to India and get the H4 stamping there is a chance that the consulate people might ask about H1 and if they found that my wife was out of status they might bar her from entering US.

let me know if anyone has the same case or gone through this.

Thanks

it is up to you decide, which side of the double edged sword you want to hold onto.

Hi,
When did you file the I 485 and EAd application for your wife..what ws your PD?
Thanks

We applied for I-485 in June 2007, our priority date is 10/2002. We applied for EAD after we submitted our I-485 application. The EAD was filed on Jul 25 and it was approved today. I guess the higher fees have improved USCIS's efficiency. I was expecting it to take a few months at least. Good luck to you lot.

He always says he is pro legal immigration and that he is a champion of immigrants. He won't know what that means until he meets us! :) Let's give him some attention!

Thanks for the link (opening my eyes).

I browsed the site gtrr.net you mentioned. I applied and also tried to contact the numbers few times but not getting any response.

I am currently in US on H4. I am qualified teacher and also worked in India. Regarding my qualifications I completed B.Ed and MSc from India. I am looking for applying for H1 this year. I really appreciate if you can give some details regarding any companies that can file for H1B for teachers.

For 140 approval it takes anywhere between 6 to 8 months. Last year, the wait time was less.This is normal and the wait time will keep on increasing. Because last year there was few number of labors approved but as the days pass by that number will keep on increasing. My friend with I140(NSC) applied date of June 2006 was approved last week. My first I140(TSC) applied on Feb 2006 was approved by August 2006 and my second I140(NSC) applied in Sep 2006 is pending till today.

And if you try to break the queue by premium processing then the chances of getting a dumb RFE( A no sense evidence to the case applied) is 99.99% because they want more time to process the case.

Hi,

Can you pls help:

My wife is currently on H4.
She has H1B approved for 3 years for company A with start date of October 1, 2007. My company just filed both mine and my wife's I-485 and EADS.

Now, (Say for example), my wife receives the EAD which was filed though my company on August 1, 2007.

Questions are:

1. Can she work for the company A on EAD from August 1 - September 30 and then fall-back (re-instated) on H1B (already approved) from October 1 - next 3 years for the same company A ?

2. If she uses the EAD to work for the company A for a single day before October 1 (start date of her H1), will that invalidate her already 3 years approved H1B for the SAME company A?

I understand H1B is the best practice option and understand EAD canbe renewed yearly basis but unsure about relationship of EAD vs H1B (already approved) in the perspective of working from same company "A".

Please advise and help - thanks in advance.

1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st

2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1

3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.

Good Luck.

Not a legal advice.
-----------------------------------
Permanent Resident since May 2002

there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.

your information is not accurate.

filing for AOS does not give you an EAD. You have to apply for it.

There are many people who remain on their H1 after filing AOS as travel on a valid H1 with a valid Visa stamp is a lot easier than applying for AP etc...........

She checked my file over 20 minutes and also talked to her supervisor. they thought USCIS maybe lost my application somewhere. right now, I am waiting response from NSC for my application. I really do not know what need to do.

wish I am the only bad luck one here and good luck to everyone.

Did anybody had expierence that they missed a appointment for any reason. What to do next? Go to center and request for reschedule or call national service center?

You are very welcome...

Consular processing is way faster is what I was told.

I need expert advice -

My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer

1. If I get laid-off, how long can I stay in US without another job?
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?

3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?

4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?

Quick question you said they asked you to submit your legal status papers since 1999 which was when you went out of country? I have 2 questions

1) Since when have you been in US, rather first time when did you come to US

2) Did you never leave US after 1999. This is because the status really matters only since your last arrival on visa. Earlier records do not matter as per 245(k) memo. This question will help other forum members who have some kind of status violation


your responses will be appreciated.

Rockstart,

I apologize for the tardy response.
I first entered the US in 1997 using F-1 visa. I traveled back to Indonesia (my home country) 1999 for the holiday. After that, I never travelled out of the US. Since then, I have worked and obtained H1-B and am in the last stage of I-485. PD is ROW (of course) and biometrics code 3 was done a while ago. Hence, I believe USCIS requested RFE since 1999; the last time I travelled out of the country.
I always maintain a legal status.

I hope this helps. If you have rather a more personal msg, please feel free to email me. I am more than glad to give you more info and help you.

Hi All,
Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
1. Can we ourselves respond to the RFE and save the $400.00,
2. If so, What's the process and what documents that we need to send to prove that we are still married.

Appreciate all of your help in this regard.

Thanks

Other than the copy of your marriage certificate, pictures, children's birth certificate, etc., you can send an affidavit signed by a notary public, perhaps someone who works at the local municipality/city hall, etc. In addition, you should submit proof of joint financial holdings such as copy of this year's 1040 and state tax forms filled as "married filing jointly" (if you did so), a joint bank account, joint property ownership such as house and car, joint car insurance, home insurance, other bills (to show both of you are living at the same address), etc.

However, I would recommend using a lawyer (if not your lawyer whom you seem not to like) for preparing the RFE; I guess you do not want to suffer setbacks in your GC processing merely for saving $400!

I am also interested in this topic. My wife is working curently using OPT. But, she is waiting for EAD also. So, once 485 EAD comes, she will be in similar situation.
Lawyer has suggested using 485 EAD once it comes.
Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
Let me know if you can some concrete info on this.

Is it possible that we get cuaght by IRS audit since I wonder how safe it is to NOT pay social security tax after you have filed 485? I was reading the other thread about IRS audit and am a bit worried.

I did tell the first CS that it was more than 90 days and to the second I/O ,I mentioned that it was July 2nd.She asked me whether the checks were cashed and I said no. Then she asked for my full name , dob and ssn and gave me the receipts info. I/O was very patient and verified my address to make sure everything was right.
The receipts start with LIN (Nebraska)

Thanks MC thats a valid Point.

There are 2 reasons that I thought of for not applying / renewing.

1) I'm not planning on going anywhere after / atleast for a year.

2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.

Appreciate your time.

Regards
Karthik

isn't the date ... Apr 01 2004 according to sept bulletin
(not jan 1 2004)

If ur EB2 and PD older than Jan 01, 2004 probably you have chance to refile again. During this crunch time don't trust USPS/UPS. Always use fedex...

Hope for the best..

11411 E. Jefferson Ave. Detroit.

If you schedule an infopass, the address will be their.

How long was wait? ... I reached 4 mins before so total was 5 mins.