meridiani.planum
06-19 03:54 PM
Hi,
I am posting this on my friend's behalf. Here's his situation:
a) He's on H1
b) Applied for 485 / 765 / 131 through his employer.
c) Still on H1; EAD & AP approved.
d) Priority date no longer current for 485
e) He gets married.
f) Wife comes to US on H-4.
g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
h) Another thing is, she is also interested in working but can't do that on H-4.
Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.
Please let me know if it's possible to add the dependent regardless of PD being current or not.
Thanks in advance.
She cant file her 485/EAD/AP if the spouse's PD is not current.
her only option if she wants to work is filing her own H1. Until she changes status to her own H1, husband cannot use EAD (he needs to maintain H1 so she has H4 status).
However he *CAN* change jobs using AC-21, the new employer must sponsor his H1, he cant join on EAD. You dont HAVE to use EAD to switch jobs using AC-21, switching on H1 is also ok.
I am posting this on my friend's behalf. Here's his situation:
a) He's on H1
b) Applied for 485 / 765 / 131 through his employer.
c) Still on H1; EAD & AP approved.
d) Priority date no longer current for 485
e) He gets married.
f) Wife comes to US on H-4.
g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
h) Another thing is, she is also interested in working but can't do that on H-4.
Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.
Please let me know if it's possible to add the dependent regardless of PD being current or not.
Thanks in advance.
She cant file her 485/EAD/AP if the spouse's PD is not current.
her only option if she wants to work is filing her own H1. Until she changes status to her own H1, husband cannot use EAD (he needs to maintain H1 so she has H4 status).
However he *CAN* change jobs using AC-21, the new employer must sponsor his H1, he cant join on EAD. You dont HAVE to use EAD to switch jobs using AC-21, switching on H1 is also ok.
485Mbe4001
09-27 01:45 PM
I suggested the same when i met with the congressmen. There should be a MAXIMUM processing limit, it is unfair to suck our blood till eternity. They understand but cannot do anything without a consensus.
Set a time frame and give a result accepted or denied or something. We can plan our lives accordinly even animals slaughtered according to a schedule.:mad:
With the way things are going, it might soon make more sense to be illegal anyway :D
Maybe our message needs to be
CONSIDER LEGALS BEFORE ILLEGALS
or
GUARANTEE MAXIMUM TIME FOR GC PROCESSING
aka if your GC is not processed in 1 year (or some known reasonable length of time) from getting your 485, they should just automatically approve
Set a time frame and give a result accepted or denied or something. We can plan our lives accordinly even animals slaughtered according to a schedule.:mad:
With the way things are going, it might soon make more sense to be illegal anyway :D
Maybe our message needs to be
CONSIDER LEGALS BEFORE ILLEGALS
or
GUARANTEE MAXIMUM TIME FOR GC PROCESSING
aka if your GC is not processed in 1 year (or some known reasonable length of time) from getting your 485, they should just automatically approve
invincibleasian
02-05 02:16 PM
Guys labor substitution is still not in place!!!
haveaquestion
03-06 01:28 AM
Thanks for the response forgerator. But I would argue that, the problem lies in the fact that there's no obvious link between my work and college major. So if I'm able to somehow re-establish that link, it's still possible to get an H1B. I understand that most H1B visas went to people who work in IT, finance, etc. But I don't see that as an absolute impediment in terms of me getting one.
more...
abe1
06-23 12:28 AM
ndbhatt,
If I read your profile right, you arrived in US in April 2005 flied for LC in July 07. I think that is a different situation than someone working in H1B since 1999 (F1 since 1996). Do you know anyone in H1B since 1999 and without an EAD option? I suppose waiting 14 years is very different than waiting 5 years..
If I read your profile right, you arrived in US in April 2005 flied for LC in July 07. I think that is a different situation than someone working in H1B since 1999 (F1 since 1996). Do you know anyone in H1B since 1999 and without an EAD option? I suppose waiting 14 years is very different than waiting 5 years..
alterego
06-21 10:27 PM
You would be best served with the services of an experienced attorney in this area. This is a rather difficult situation. Any answers on this board are likely to be speculative. Some money spent in this critical juncture would be money well spent.
From what I can see, you have 2 options, either to continue with your currently approved 140 and file for a 485 or get a new one and try to affix your PD from the old approved 140. Either way once you get to the 485 stage you should be more secure in things, and can then look to invoke AC 21 rules.
From what I can see, you have 2 options, either to continue with your currently approved 140 and file for a 485 or get a new one and try to affix your PD from the old approved 140. Either way once you get to the 485 stage you should be more secure in things, and can then look to invoke AC 21 rules.
more...
PlainSpeak
02-16 03:13 PM
Hi,
My I 485 was filed on 07/12/2007 in EB2. My priority date in Feb26 2007.
I am working on EAD now, which is valid through 07/06/2012.
I have got a job offer from one of the top fortune 500 company recently. They are offering the job with a role of "Lead Technical Architect".
Following are the details from my labor:
Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.
From the generic nature of the role resonsibility, I feel that the "Lead technical Architect" role will not be a misfit with the requirement of "Similar resposibility".
Can you kindly let me know if you see any violation of the EAD porting requirement in terms of similar responsibilities?
Thanks in advance.
You need to check SOC codes for both the roles and confirm
In general english an Analyst role is different than an Architect role. In any case, to use AC21 your roles should not be different by more than 50 %
My I 485 was filed on 07/12/2007 in EB2. My priority date in Feb26 2007.
I am working on EAD now, which is valid through 07/06/2012.
I have got a job offer from one of the top fortune 500 company recently. They are offering the job with a role of "Lead Technical Architect".
Following are the details from my labor:
Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.
From the generic nature of the role resonsibility, I feel that the "Lead technical Architect" role will not be a misfit with the requirement of "Similar resposibility".
Can you kindly let me know if you see any violation of the EAD porting requirement in terms of similar responsibilities?
Thanks in advance.
You need to check SOC codes for both the roles and confirm
In general english an Analyst role is different than an Architect role. In any case, to use AC21 your roles should not be different by more than 50 %
immiadvise
12-30 08:03 PM
hi,
thanks for the reply. If its going to be a problem , i will shift to a different company. what is your suggestion to me ?
If i get a chance to move to a different company ,, do you want me to leave the current company?
waiting for your reply..
once again thanks for the response...
Thanks
thanks for the reply. If its going to be a problem , i will shift to a different company. what is your suggestion to me ?
If i get a chance to move to a different company ,, do you want me to leave the current company?
waiting for your reply..
once again thanks for the response...
Thanks
more...
glus
01-30 09:10 AM
Wow...wait a minute here.
He does not have the stamp in his passport for the new employer. If he has already quit his old employer for which he has the H1B stamp, then he probably must have a new stamp(for latest H1) for re-entering.
First of all, he would be using his new I-94 that is attached to the new H1 he just got from his new employer. So his departure record would show him working for new employer. When he comes back, if he doesnt have visa Hstamp for the new employer, then it would be a problem, I am pretty sure.
Better check with a lawyer newh1user. I am pretty sure you will need new H1 stamp that is tied to new I-797 if you exit USA and give your latest I-94 when leaving.
Also, think about getting an H1 stamp overseas in Europe while you are at this situation. If you have a bachelors or masters degree from United States, then getting H1 stamping in countries other than your home country is not a big challenge.
Hi Logiclife: if one has an unexpired H1 visa stamp, one can re-enter the country as long as he can show an I797 approval from the new employer. Change of employers does not invalidate an H1 visa stamp.
G
He does not have the stamp in his passport for the new employer. If he has already quit his old employer for which he has the H1B stamp, then he probably must have a new stamp(for latest H1) for re-entering.
First of all, he would be using his new I-94 that is attached to the new H1 he just got from his new employer. So his departure record would show him working for new employer. When he comes back, if he doesnt have visa Hstamp for the new employer, then it would be a problem, I am pretty sure.
Better check with a lawyer newh1user. I am pretty sure you will need new H1 stamp that is tied to new I-797 if you exit USA and give your latest I-94 when leaving.
Also, think about getting an H1 stamp overseas in Europe while you are at this situation. If you have a bachelors or masters degree from United States, then getting H1 stamping in countries other than your home country is not a big challenge.
Hi Logiclife: if one has an unexpired H1 visa stamp, one can re-enter the country as long as he can show an I797 approval from the new employer. Change of employers does not invalidate an H1 visa stamp.
G
chansek
07-21 11:33 PM
Hi,
Is Personnel check allowed for I-485, EAD and Advance Parole filing fees.
Thank you.
chansek
Is Personnel check allowed for I-485, EAD and Advance Parole filing fees.
Thank you.
chansek
more...
JunRN
08-18 01:28 PM
Speculation is always part of one's life. We want to know our future options, that's why we speculate. Some speculations are deduction from facts and some are just inference. We cannot avoid speculating. What we can do is trying to know which speculation is nearer to the truth and which ones are not.
radhay
01-09 04:14 PM
Thanks for your suggestions. I think I will try another office.
more...
needhelp!
11-12 03:46 PM
99
eb3_nepa
11-06 10:37 AM
I have approved i-140 and I have applied for 3 year extension for my H1-B (I am currently in the sixth year of H1-b). If I switch employers, would I get 3 years on my new H1-B or time left in the sixth year? I am willing to restart the green card process due to stalled immigration reform bill.
As long as:
1) You can provide your new firm a copy of your Approved I-140 and
2) Your first employer does not cancel the I-140
You will get a 3 year extension based on your approved I-140. I know this coz it has happened to me.
As long as:
1) You can provide your new firm a copy of your Approved I-140 and
2) Your first employer does not cancel the I-140
You will get a 3 year extension based on your approved I-140. I know this coz it has happened to me.
more...
smmakani
04-11 07:19 PM
I think you need to apply for a labour certification a year before a completion of 6 year of H1 period for 7th year extension but in perm you get labour certified within 2 months. Even if you start now you can get your labour and I140 (in premium processing) done before DEC. After then you can leave back to home country and still continue the process as future emplyoment.
I don't know if you become eligible for 7th year extension.
I don't know if you become eligible for 7th year extension.
casinoroyale
08-22 09:42 AM
I know that it is possible to apply for H1-B visa and enter after using EAD. But, I am little dubious about using old visa after using EAD, but it should not make much of a difference I think.
In any case, you should be prepared to field questions at the POE for your actions otherwise he may ask you to use AP instead.
By the way, this is the only way one can re-instate their H1-B status after using EAD.
Coming back on H-1B after using EAD
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
In any case, you should be prepared to field questions at the POE for your actions otherwise he may ask you to use AP instead.
By the way, this is the only way one can re-instate their H1-B status after using EAD.
Coming back on H-1B after using EAD
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
more...
trueguy
08-11 10:40 AM
Here you go!
thanks willwin
thanks willwin
istrategist
01-26 04:07 AM
EB3-I, PD Nov 2002, 485 filed 2004. Have EAD and also have approved H1 (year 9 -12), but not stamped on passport. With about 7000 people ahead of me, wait time for my GC is estimated to be 2-3 years.
Have been with employer who filed GC for over 10 years now. There is a job opportunity with another employer, but the job description may be different from what was filed on my original GC. Pay will be similar, but travel will substantially reduced, allowing me to be home more.
What should I be careful of if pursuing this new opportunity? Is there anything I should be asking the new employer for related to the job description filing? Should I be asking them to file H1 transfer or use my EAD? Should I ask them to file EB2-I and port my PD over?
Thanks - just want to make sure I am not jeopardizing my 10 year wait for this opportunity.
Have been with employer who filed GC for over 10 years now. There is a job opportunity with another employer, but the job description may be different from what was filed on my original GC. Pay will be similar, but travel will substantially reduced, allowing me to be home more.
What should I be careful of if pursuing this new opportunity? Is there anything I should be asking the new employer for related to the job description filing? Should I be asking them to file H1 transfer or use my EAD? Should I ask them to file EB2-I and port my PD over?
Thanks - just want to make sure I am not jeopardizing my 10 year wait for this opportunity.
howzatt
07-18 10:32 AM
Guys,
If we cannot even contribute $10 PER MONTH, that is really really cheap of us.
eb3,
with all due respect, I really doubt if this is the bet way to get people to donate. Calling people cheap is not a nice thing and generally not recommended.
I know your intentions are good and ...
If we cannot even contribute $10 PER MONTH, that is really really cheap of us.
eb3,
with all due respect, I really doubt if this is the bet way to get people to donate. Calling people cheap is not a nice thing and generally not recommended.
I know your intentions are good and ...
Sakthisagar
04-30 10:07 AM
I feel I had taken the right decision. I moved back to India in Nov 09 itself. I had a PD of feb 08 and was in EB-2 but looking at all the mess,I had decided to move back.
Good for you do you feel in India politics is much better?? man still a forgein lady is ruling India. if you are in India why you bother about this mess. be at peace with yourself. enjoy life. dont bother ..
Good for you do you feel in India politics is much better?? man still a forgein lady is ruling India. if you are in India why you bother about this mess. be at peace with yourself. enjoy life. dont bother ..
kirupa
04-24 09:56 PM
The new ones do look much better! I really like your 2nd New one :)
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