Munshi75
09-13 09:15 PM
You cannot work with an expired EAD. End of the story.
But if it is approved and you haven't got the card in your hand , few companies would allow you to work for 90 days from the date of approval.
But if it is approved and you haven't got the card in your hand , few companies would allow you to work for 90 days from the date of approval.
pappu
09-19 07:12 AM
If you are referring to my earlier mail about NIH, it is not a university but an umbrella term for 12 + National Institutes of Health. The institutions are completely funded by and part of the federal government. If there are immigrant investigators working there as staff members, they should at least have GC already. But, postdocs and other 'glorified' staff positions require either J1, H1, EAD from NIH or employed in such visas by contracting staffing companies.
Thanks gg_ny for the tips and mails. we will be contacting you for help.
We are also looking for professors in universities that are retrogressed. This is one section that has not been covered much in the media.
Thanks gg_ny for the tips and mails. we will be contacting you for help.
We are also looking for professors in universities that are retrogressed. This is one section that has not been covered much in the media.
Bhadwaj
07-15 05:26 PM
Hello,
Here is my situation.
a) My I-485 is pending since Aug 2007. I am the beneficiary and my spouse is the primary.
b) The I-94 on my passport states its validity upto Aug 22, 2010. This was stamped using my earlier H1B which was valid upto Aug 2010.
c) I quit my H1B job on Nov 2008 and took another job using EAD. I think this may have invalidated my underlying H1B
d) I didn�t apply for any extension of stay or change of status (COS) back in Oct 2008, becuase my I-485 was pending.
e) I have not travelled outside of the country since my last arrival.. (pls see #b)
Recently I came across a memo from USCIS wherein it tries to differentiate betweeen UNLAWFUL STATUS and ACCRUAL of UNLAWFUL PRESENCE. The memo is "Consolidation of Guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the act".. and the example on page 9 states this.
"An alien is admitted as a non immigrant, with a form I-94 that expires on Jan 1, 2009. On Oct 5, 2008, he properly files for an application for adjustment of status. He does not, however, file any application to extend his non immigration stay, which expires on Jan 1, 2009. The AOS application is still pending on Jan 2, 2009. On Jan 2, 2009, he becomes subject to removal as a deportable alien under section 237(a)(1)(c) of the act because he has remained after the expiration of his nonimmigrant admission. For purposes of future admissibility, however, the pending adjustment application protects him from the accrual of unlawful PRESENCE
This example got me worried a lot. I am sure most of us always thought that since we have a EAD, we can leave H1 and get another job on EAD while I-485 is pending. I for sure wasn't aware that we are expected to file something to get an extension of stay or change of status.
Now, my questions to our experts are
1. Since I am within my I-94 expiry date., am I in lawful status?
2. Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?
3. I know I am not accruing unlawful presence because of AOS Pending.. but what about status?
4. What should I do now to correct ...? my I-94 expires in another month.
Please help!
Here is my situation.
a) My I-485 is pending since Aug 2007. I am the beneficiary and my spouse is the primary.
b) The I-94 on my passport states its validity upto Aug 22, 2010. This was stamped using my earlier H1B which was valid upto Aug 2010.
c) I quit my H1B job on Nov 2008 and took another job using EAD. I think this may have invalidated my underlying H1B
d) I didn�t apply for any extension of stay or change of status (COS) back in Oct 2008, becuase my I-485 was pending.
e) I have not travelled outside of the country since my last arrival.. (pls see #b)
Recently I came across a memo from USCIS wherein it tries to differentiate betweeen UNLAWFUL STATUS and ACCRUAL of UNLAWFUL PRESENCE. The memo is "Consolidation of Guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the act".. and the example on page 9 states this.
"An alien is admitted as a non immigrant, with a form I-94 that expires on Jan 1, 2009. On Oct 5, 2008, he properly files for an application for adjustment of status. He does not, however, file any application to extend his non immigration stay, which expires on Jan 1, 2009. The AOS application is still pending on Jan 2, 2009. On Jan 2, 2009, he becomes subject to removal as a deportable alien under section 237(a)(1)(c) of the act because he has remained after the expiration of his nonimmigrant admission. For purposes of future admissibility, however, the pending adjustment application protects him from the accrual of unlawful PRESENCE
This example got me worried a lot. I am sure most of us always thought that since we have a EAD, we can leave H1 and get another job on EAD while I-485 is pending. I for sure wasn't aware that we are expected to file something to get an extension of stay or change of status.
Now, my questions to our experts are
1. Since I am within my I-94 expiry date., am I in lawful status?
2. Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?
3. I know I am not accruing unlawful presence because of AOS Pending.. but what about status?
4. What should I do now to correct ...? my I-94 expires in another month.
Please help!
a_yaja
06-05 10:12 PM
Thanks for the reply. But like I mentioned, this case was approved on 5/8/2008 and the approval notice was sent on 5/8/2008 and received on 5/14/2008. Between 5/8/2008 and 5/22/2008 the status was "approved, approval notice sent".
Afterwards since 5/22/2008 the online status became "new documents sent on 5/22/2008, you should receive it within 30 days". I do not think this "new document" is the approval notice coz I even received it before they sent. Just curious what could this "New document" be. Would it change the status of my I-140 (like revoke or withdraw or RFE)?
I had a similar experience. Four weeks after my I-140 was approved, I had another LUD and when I checked the online status, it had the same message that you mentioned. When I asked my lawyer, he told me that it ususally means that the employer has received a copy of the approval as well. And sure enough, 3 days later, I found out from HR that they received the I-140 approval letter and they wanted to know what to do with it.
Afterwards since 5/22/2008 the online status became "new documents sent on 5/22/2008, you should receive it within 30 days". I do not think this "new document" is the approval notice coz I even received it before they sent. Just curious what could this "New document" be. Would it change the status of my I-140 (like revoke or withdraw or RFE)?
I had a similar experience. Four weeks after my I-140 was approved, I had another LUD and when I checked the online status, it had the same message that you mentioned. When I asked my lawyer, he told me that it ususally means that the employer has received a copy of the approval as well. And sure enough, 3 days later, I found out from HR that they received the I-140 approval letter and they wanted to know what to do with it.
more...
loveiv
08-29 12:20 PM
We have a wealth of information from A to Z on US Immigration, why dont we ourselves write articles and editorials and get them published in the News Papers, Journals, etc?
Why are we waiting for some one to come to us and take information to write articles on us. Does Newspapers check the background of authors to verify if they are citizens/non-citizens/green card holders/ H1B's. What all matters to them is quality and authenticity of the articles.
Do you folks think this a good option to pursue?
Is anybody stopping you from doing so?
"TALK LESS, WORK MORE".
Why are we waiting for some one to come to us and take information to write articles on us. Does Newspapers check the background of authors to verify if they are citizens/non-citizens/green card holders/ H1B's. What all matters to them is quality and authenticity of the articles.
Do you folks think this a good option to pursue?
Is anybody stopping you from doing so?
"TALK LESS, WORK MORE".
isha
02-24 12:58 AM
Hi,
you may want to try contacting Qtech technologies..
It's based in New Jersey and they are into clinical trials and they apply for H1 in Biotech/Biology.
the url
http://www.qtech-solutions.com/home.html
hope this helps
Isha
Can any one please reply... 70 views and no replies
you may want to try contacting Qtech technologies..
It's based in New Jersey and they are into clinical trials and they apply for H1 in Biotech/Biology.
the url
http://www.qtech-solutions.com/home.html
hope this helps
Isha
Can any one please reply... 70 views and no replies
more...
simple1
10-26 05:59 PM
I have personally seen few indian-nationals with US-GCs telecommuting on short-term (arround 30 days) while on vacation in india paid only in usa payroll and paying only USA taxes. The same may be applicable for AOS/AP/EAD.
I think.
short term (arround 30 days) - may be ok.
vacation or telecommuting for longer duration (not sure about max # of days) is considered as abandoning AOS.
I fully agree with mcq except for duration part.
Here's how I see it.
If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.
Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).
so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.
one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.
Hope that helps
McQ
I think.
short term (arround 30 days) - may be ok.
vacation or telecommuting for longer duration (not sure about max # of days) is considered as abandoning AOS.
I fully agree with mcq except for duration part.
Here's how I see it.
If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.
Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).
so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.
one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.
Hope that helps
McQ
mnq1979
08-13 03:08 PM
Guys!!!!
Pls. for heaven sake relax...wats wrong with u all.....from past 1 week i m reading this kinds of thread that WE DIDNT GET OUR RECEIPTS....why are u indulging ur selves in supersticious thoughts....jst relax, wait and see....i myself have filled my I-485 in July....and have spoken to my lawyer abt
refilling to which he said NO right away and tell u wat HE WAS FIRM with it....he said to be little patient.....dont jst think NEGATIVE.....THINK POSITIVE
also....my msg to every one is JUST RELAX....and PRAY....:)
Pls. for heaven sake relax...wats wrong with u all.....from past 1 week i m reading this kinds of thread that WE DIDNT GET OUR RECEIPTS....why are u indulging ur selves in supersticious thoughts....jst relax, wait and see....i myself have filled my I-485 in July....and have spoken to my lawyer abt
refilling to which he said NO right away and tell u wat HE WAS FIRM with it....he said to be little patient.....dont jst think NEGATIVE.....THINK POSITIVE
also....my msg to every one is JUST RELAX....and PRAY....:)
more...
zico123
04-20 01:39 PM
As per Lawyer need to file for amendment before EAD expires. Need I-20 from Kaplan and another application fee ($190) + PP fee($1,000). :( But at least H1 is approved :)
New I-20 must be valid till Sept 30th and must start either before EAD expires or within grace period (EAD expiration date + 60 days)
** Best of luck to others still waiting **
New I-20 must be valid till Sept 30th and must start either before EAD expires or within grace period (EAD expiration date + 60 days)
** Best of luck to others still waiting **
freeskier89
01-20 08:40 AM
I thought it was kind of inherent in a programming competition. If he would allow external libraries, the contests could become jigsaw puzzle contests where the person who could find the best open source libraries, and piece them together properly could beat someone who made something completely from scratch.
Even if you throw that argument aside, you are still dealing with external input. The correlation with sound makes your entry really cool, but, what then would prevent me from doing a n-body simulation in C on a server farm, rendering a video, reading that data into flash, and plotting each pixel as a circle? lol.
The original constitution is the base of our government, but the amendments are critical too :D
ps: can you post your code? and btw... i like what you did with your swarming code :)
Even if you throw that argument aside, you are still dealing with external input. The correlation with sound makes your entry really cool, but, what then would prevent me from doing a n-body simulation in C on a server farm, rendering a video, reading that data into flash, and plotting each pixel as a circle? lol.
The original constitution is the base of our government, but the amendments are critical too :D
ps: can you post your code? and btw... i like what you did with your swarming code :)
more...
zCool
04-01 05:34 PM
In simple words..
Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..
Here's what we do know
I485 filing provides MAJOR benefits.
140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
So GO AHEAD file concurrently..
Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..
Here's what we do know
I485 filing provides MAJOR benefits.
140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
So GO AHEAD file concurrently..
go_guy123
12-09 10:05 AM
Everything is done only for illegals now a days... why should the politicians do anything for EB immigration for legally tax paying immigrants ?
I don't know who is worse the democrats or the republicans ...
Democratic party is actually horrible when it come to skilled imigrants. In the past the GOP have done for skilled folks like AC21 ets. DNC is for Unions (who oppose the H1B/EB people) and illegals (who like to keep us hostage for amnesty bills).
I don't know who is worse the democrats or the republicans ...
Democratic party is actually horrible when it come to skilled imigrants. In the past the GOP have done for skilled folks like AC21 ets. DNC is for Unions (who oppose the H1B/EB people) and illegals (who like to keep us hostage for amnesty bills).
more...
chanduv23
10-29 07:27 PM
The primary goal is to get people start meeting their lawmakers. We are happy that the response has been very good and people are willing to meet local lawmakers
ItIsNotFunny
04-06 08:35 AM
Yes it is correct link, many of us are headed this way....
Let us not use any marketting links here.
Let us not use any marketting links here.
more...
anilsal
07-17 10:39 AM
Here is my classic quote:
Please accept my sincere "Shame on You" compliment, if you fit all of the following:
a) Have a IV membership ID on the forums.
b) Been visiting IV forums in the last 1-12 months.
c) Have not contributed a single penny to the IV cause. [MOST IMPORTANT]
d) Will be benefited from IV work.
I wonder how you can live with yourself benefiting from the sweat of others.
To rectify this, please contribute asap. :)
Please accept my sincere "Shame on You" compliment, if you fit all of the following:
a) Have a IV membership ID on the forums.
b) Been visiting IV forums in the last 1-12 months.
c) Have not contributed a single penny to the IV cause. [MOST IMPORTANT]
d) Will be benefited from IV work.
I wonder how you can live with yourself benefiting from the sweat of others.
To rectify this, please contribute asap. :)
ivgclive
12-09 04:43 PM
Well its just wasting GC numbers as this person is leaving US anyways, why GC???
I have seen many people leave US after once they get their GC, how stupid is that?
That is the BEAUTY of Green Card.
1. Most of them do not want to stay here, because they don't like something here....
2. They want to stay back there...
3. They don't like things back there...
4. They need an option to come to US anytime in future... (They worked half of their life to aquire this option)
So from 1 and 3, it is obvious that they don't like to stay in East End or in West End. They can not go to North End (freezing to death) or South End (No place attracting).
It all says that "They don't like the WORLD".
So, a slight change in your title "Just a LIFE gone waste".
God must be crazy and not doing QA after producing these humans.
I have seen many people leave US after once they get their GC, how stupid is that?
That is the BEAUTY of Green Card.
1. Most of them do not want to stay here, because they don't like something here....
2. They want to stay back there...
3. They don't like things back there...
4. They need an option to come to US anytime in future... (They worked half of their life to aquire this option)
So from 1 and 3, it is obvious that they don't like to stay in East End or in West End. They can not go to North End (freezing to death) or South End (No place attracting).
It all says that "They don't like the WORLD".
So, a slight change in your title "Just a LIFE gone waste".
God must be crazy and not doing QA after producing these humans.
more...
ramus
05-31 03:53 PM
Lets contribrite if we want to get something done..
franklin
07-21 08:33 PM
I did a very similar thing.
My h1b expires in sept 07, and an extension was applied in april 07. My PD became current in June, and I applied for AOS with AP and EAD.
Approval for my H1B extension came through mid June (after AOS application) and only for 1 year (as opposed to 3 if my PD was not current).
I now have AP approval and EAD is still pending, but I'm planning on using these to travel with when fully realized.
My h1b expires in sept 07, and an extension was applied in april 07. My PD became current in June, and I applied for AOS with AP and EAD.
Approval for my H1B extension came through mid June (after AOS application) and only for 1 year (as opposed to 3 if my PD was not current).
I now have AP approval and EAD is still pending, but I'm planning on using these to travel with when fully realized.
smuggymba
03-16 10:39 AM
My employer applied for LCA to extend my H1 and it was denied and they told me that prevailing wage determination with NPWHC is required to apply for LCA since jan 2010. Is this true?
If anyone has gone through this please respond. Thanks.
pretty common issue...the lawyer needs to send docs like tax returns with the FEIN on it and they will update their system. Generally happens to new, small employers. No reason to worry.
If anyone has gone through this please respond. Thanks.
pretty common issue...the lawyer needs to send docs like tax returns with the FEIN on it and they will update their system. Generally happens to new, small employers. No reason to worry.
clockwork
07-18 05:36 PM
just emailed... it should have 4 pdf files.
Yeah received it. Posting shortly. Could you please remove my id from ur follow up post. Just want to avoid future junk mails :)
Yeah received it. Posting shortly. Could you please remove my id from ur follow up post. Just want to avoid future junk mails :)
clockwork
07-18 05:41 PM
just emailed... it should have 4 pdf files.
Done buddy. Please look at my previous post. Thanks for sharing info. :)
Done buddy. Please look at my previous post. Thanks for sharing info. :)
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