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clarify21

11-25 03:29 PM

Hello everyone,
I have an H1-B from my current employer and my green card is in process. I have received my EAD.
I would like to work parttime at a different place while working fulltime with my current employer. There are soooo... many forums which talk about not using EAD with H1-B since this will cause the H1-B void.

Is there a USCIS source where we can get a clarification of using EAD with H1B? Looking forward to your replies.

Thanks!

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snathan

09-01 05:25 PM

Gurus,

I work for company X and in my 9th year H1-B visa. X has filed for my Eb-3 labor and I-140 and I am currently AOS (July 07 filer) on my I-485. X recently extended my H1 through Oct 2012.

I have an offer from company Y. Company Y is asking me if I want H1 extension or H1 transfer? What should I answer them. Which one ensures that I have a 3 year extension. Please advise ASAP.

Thanks.

Are you sure they are asking this question...? Technically there is nothing called 'Transfer'. Its always new H1B sponsor and only you will not be counted against the cap as you are already counted. If you have I140 approved, you should get three extension based on that. Ask them what�s the difference between extension and transfer. I guess their knowledge in immigration is Zippo....take care.

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krishnam70

08-14 04:55 PM

This seems to be an area where a qualified attorney might be able to give you more information on how to proceed. You may want to try other forums too to get some kind of advise.

good luck

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meridiani.planum

07-23 05:34 AM

All,
Now that Aug is coming up, please post all the 485 LUDs that you have been seeing after 07/18/2008. This will help us getting the pattern, in case USCIS shall auto order the Card production.

no one is auto-ordering card production (whatever that means).

lets stick with vdlrao's thread to track Augusts approvals please. no need for another thread for teh same topic.

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girijas

06-20 10:33 AM

I have subscribed to the group. Am awaiting approval. Please contact me: I am actively working on lobbying for the bills, am part of teamIV and would like to organize a musical get together to raise money. I play classical violin myself; so I can be one of the performers. Please approve my membership or contact me at

shoklate@gmail.com

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superdude

08-02 01:13 PM

Did anyone get I485 based EAD before the first FP? Thank you!
did you get one? FP is necessary to the EAD

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leonimish

04-26 08:45 PM

Hi,

I am a B. Com, M. Com (1 yr) and CA from India, CPA (USA) with more than 12 yrs exp in accounting industry, including 7 yrs of post qualification (after CA) exp. - But even after all these qualifications, I was suggested by a leading law firm that I will not qualify under EB2 :mad: :mad: !!!!
If the position required a bachelors degree then you have problem !!!! What he (lawyers asst) said that you either need 4 yrs single degree or 3+3 yrs degree to qualify for EB2. He specifically said that 3+2 yrs degrees or 3+1 yrs (as in my case) does not qualify for EB2.

I have not yet filed GC yet though.

Hope this helps.....

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h1techSlave

02-23 08:51 PM

My employer participates in e-verify and we have several employees in H1/EAD/OPT etc. No issues so far.

Since lawyers are opposing e-verify, e-verify should be good for us. ;);)

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Election2008

01-09 05:48 PM

I am a freelancer and I plan to write an article for a California based Asian Newsletter about the political views of the Immigrant community.

Most EB Immigrants (now citizens) have forgotten what's it like to be an "Immigrant in a limbo". Let's remind them!! Your thoughts might inspire someone to reconsider their decisions.

I was in your shoes in the mid 90's. and I am aware that most of you are in the midst of a messy immigration process.

But, if you had an opportunity, who would you choose and why?

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gsc999

03-14 11:56 PM

IV Members from Nebraska,

I think it is time we started our own chapter in NE and get the action going. Members from Nebraska, please respond.
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Thanks for taking the initiative. I just got your message. This is the right way to go.

Let me know if you need my support?

Cheers!

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monkeyman

08-30 02:11 PM

I applied my 485 as a single on July 17th.
I got married and then applied my spouse's on Aug 16th.

Since I am married now, will that cause my application to get rejected as I applied as Single.

I am not sure how would this be handled at USCIS end ?

Any idea ?

Should not have any impact - your spouse will receive a conditional GC if her GC comes within two years of your marriage. You shall (as a primary member) receive a 10 year GC. You will need to file for your wife again to remove the conditions after completing two years of your marriage. No big deal. Just chill and attend the rally. No one can tell you how long will it take it to get your actual GC though.

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uma001

04-22 10:08 AM

1 . Where is the donor forum? I could not find it
Donor Forum is visible only to the donors in the forum page.
2. I am a donor (two times). But I do not have access to it.
Donor forum access is provided to verified current donors only. Past donors cannot subscribe to this forum - it does not work like yearly/lifetime membership. To have continuous access to the donor forum, you will have to be a recurring donor.
However, if you have donated recently and cannot access donor forum, please contact me and I will be glad to help. Thanks.

So IV do not provide the important news to the members who are not donors. That is unfair. Even though I have not filed my green card I have donated some amount in the past.

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n2b

07-17 01:03 PM

DOS and USCIS are slow. But it would be really helpful if the IV code team can provide some update on our site. I believe over 2.5 hours have passed since the last update regarding some update in 1 hour. I guess we can't do anything if it takes more time but an update always helps! Thank you.

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joydiptac

05-18 05:32 PM

My Green Card is stuck at EB2 Stage but all this time I forgot that I have potential for a British Citizenship based on my birth place and Father being a Britisher.
Now can I reapply as a Brit - all over again hoping to get past the long queue. I am not interested in gaming - dont get me wrong - I had been in UK for some 5-6years working and am easily eligible for to get UK Citizenship that I did not explore. Now can I change the situation ?

Hope you are posting your question for US immigration. (This site discusses US immigration)
As far as I know the country of chargeability is your or your spouse's birth country(Choice during I485 application) not based on citizenship. HTH

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suttu

01-14 12:28 PM

Its been more than a month that my employer got the approval email but the lawyers say they never got the paper cert. In their opinion, now it is too late to expect the paper. They also say that it is impossible to get a duplicate cert from DOL.

The only option, per my lawyers, is to file a regular I140 and ask USCIS to get the duplicate directly from USDOL when we get the RFE.


Has anyone else had a similar experience or is the laywer pulling my chain since i have three EADs and APs due for approval in 3 months.

Can folks confirm that PERM certs indeed go missing and this is the only recourse?

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ivar27

11-08 01:07 PM

ok thanks

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lost

10-27 09:05 AM

In what stage is the background check done? and are we notified of its completion?

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anilsal

12-09 01:36 PM

Over the last few years, lots of people get GCs quickly while people who applied earlier do not. There is no real queuing semantics applied.

I am sure the NC process is the same. All luck!!!!

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ravicmv

05-20 11:05 PM

Helllo Experts,

Here is my Case:

Have 4 yrs of work experience and changed 3 employers in the past.

1 st employer: Worked as a Programmer Analyst for 6 months
2nd employer: Worked as Sr.Software Engineer for1.6 years
3rd Employer: Worked as Sr.Software Engineer for 2 years

Under unexpected circumstances, 2nd employer filed my H1 for a senior level even when I have only 2.5 yrs of experience.

I am trying to change job and look for a prospective employer who would file my labor/GC immediately.

The 4rth employer is willing to my GC but the Job designation will be Software Engineer.

Can you please advise if there would be any negative impact on my GC process if I take a step down in my title.

I liked the organization, work environment and all I am concerned now is about any RFC's for the different Job Titles I had so far.

I am in a very confused state and Please advise me as I need to respond for the Job offer.

I sincerely appreciate your help.

Thanks,
Ravi

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waitingimmigrant

11-09 11:05 PM

hi friends,

some time ago i contact my senator through this site

http://www.opencongress.org/bill/111-s1085/show

and wrote to him about plight of workers in limbo for years
if not decades ... following is response i recieved... request
all those stuck in GC limbo to contact their senators...

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U.S. immigration policy is based on four underlying principles: reunification of families, admissions of immigrants with needed skills, protection of refugees, and diversity of admission by country of origin. The Immigration and Nationality Act specifies priorities for permanent immigration using a complex set of numerical limits and preference categories. Immediate relatives, defined as spouses of citizens, children (under 21 years of age and unmarried) of citizens, and parents of citizens 21 years of age or older, have been given priority in the immigration process.

Senator Robert Menendez (D-NJ) introduced S.1085 on May 20, 2009. This legislation seeks to reduce current immigration backlogs by classifying lawful permanent resident (LPR) spouses and children as "immediate relatives." Currently, spouses and children of LPRs must obtain visas through the Family Second Preference category. This can lead to a waiting period of several years. Among other things, this bill would allow unused and unclaimed visas from 1992-2007 to be placed back in the pool of current available visas for families, and would establish a �roll over� system for unused and unclaimed visas in the future. This bill has been referred to the Senate Committee on the Judiciary, where it awaits further review.

I will continue to work with my colleagues in the Senate to craft effective solutions to address our nation�s immigration problems. I will keep your thoughts in mind should S.1085, or any similar legislation, come before me in the full Senate.

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krishna_brc

10-21 02:54 AM

I am in 6th year of my H1B. It is expiring in Aug 2011.

Here are some details:
- My I-140 is approved with a priority date of Aug 2006 under EB2-India.
- I did not apply for I-485 so I do not have a EAD.
- My wife is also on H1B which expires in Aug 2012.

Here are my questions:
1) If I apply for H1B extension in July 2011 under regular processing and assuming it takes 4-5 months for USCIS to process the application, can I still continue to work? For how many days can I work if visa renewal is still in processing after the visa has expired.
2) If I get a denial of H1B extension do I become out of status from the date of denial or from the day H1B got expired?
3) If I get a denial of H1B extension can I immediately apply for H4 as a dependent to my wife's visa without any issues?
4) If I get a denial of H1B extension, what happens to my I-140? Is it automatically invalid?
5) If I do convert to H4 status and my priority date becomes current can I apply for I-485?

Chances are very high that your priority date will be current before Aug 2011.
good luck

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