raysaikat
09-02 08:43 AM
You are on EAD. When you fill your I-9 form with the EAD info. your on EAD...but USCIS doesnt know about this...its up to the Employer to inform the USCIS but usually (or generally) the employer don't inform the USCIS,however I don't think its mandatory to inform USCIS. In any case its not on your shoulder to inform the USCIS.
So, what I would do, is save the I-9 form (it must have the date when you signed) and pay-stubs...just to show that you have been on EAD, should you get any RFE regarding the status.
Thanks....
This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.
AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.
---------
I am not a lawyer. Use at your own risk any information given by me.
So, what I would do, is save the I-9 form (it must have the date when you signed) and pay-stubs...just to show that you have been on EAD, should you get any RFE regarding the status.
Thanks....
This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.
AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.
---------
I am not a lawyer. Use at your own risk any information given by me.
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sweet_jungle
10-06 12:08 AM
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.
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.
arao
12-21 03:49 PM
I recently confirmed Netherlands does not need transit visa.
So, I am flying Northwest.
Hi
I and my family members have EXPIRED STUDENT VISA on the Passort. I have H-1 (H-4) approval till 2008 but no VALID VISA STAMP on our Passport.
I am planing a TRIP to INDIA in Summer. Since My I-140 is already approved and I-485 pending, I will have ADVANCE PAROLE in my hand when I visit India. I will also attempt to Get H-1B/H-4 stamp at Mumbai, while I am in India.
My question is Since I dont have any VALID VISA STAMP on my PASSPORT While going as well as in return, WHICH AIRLINE OR TRANSIT COUNTRY I SHOULD SELECT SO THAT I WILL NOT HAVE TO GET TRANSIT VISA ?
IS there any EUROPEAN TRANSIT COUNTRY FOR FLYING TO MUMBAI WHICH DOES NOT REQUIRE TRANSIT VISA FROM INDIAN NATIONALS.
YOUR input will help me lot in be prepared and planing for my summer trip.
Thanks
So, I am flying Northwest.
Hi
I and my family members have EXPIRED STUDENT VISA on the Passort. I have H-1 (H-4) approval till 2008 but no VALID VISA STAMP on our Passport.
I am planing a TRIP to INDIA in Summer. Since My I-140 is already approved and I-485 pending, I will have ADVANCE PAROLE in my hand when I visit India. I will also attempt to Get H-1B/H-4 stamp at Mumbai, while I am in India.
My question is Since I dont have any VALID VISA STAMP on my PASSPORT While going as well as in return, WHICH AIRLINE OR TRANSIT COUNTRY I SHOULD SELECT SO THAT I WILL NOT HAVE TO GET TRANSIT VISA ?
IS there any EUROPEAN TRANSIT COUNTRY FOR FLYING TO MUMBAI WHICH DOES NOT REQUIRE TRANSIT VISA FROM INDIAN NATIONALS.
YOUR input will help me lot in be prepared and planing for my summer trip.
Thanks
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karthiknv143
07-26 03:01 PM
Please update the tracker
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spicy_guy
10-04 12:03 PM
hi ,
Here is my situation.
(employer) -> (middle vendor ) -> prime vendor -> (End client ).
I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . Now middle vendor is threatning me that he can sue me for breaking the line of contract .
i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong. now we removed him from line of contract and he is saying that he will sue all of us for doing this.
is there any way that he can even do this ?
- Thanks in advance.
Breaking the line of contract: What contract? Did he mention that? Also, why does he want to sue you?
Here is my situation.
(employer) -> (middle vendor ) -> prime vendor -> (End client ).
I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . Now middle vendor is threatning me that he can sue me for breaking the line of contract .
i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong. now we removed him from line of contract and he is saying that he will sue all of us for doing this.
is there any way that he can even do this ?
- Thanks in advance.
Breaking the line of contract: What contract? Did he mention that? Also, why does he want to sue you?
usdreams
05-16 01:11 PM
May 24 PD, still no change in status.
more...
voldemar
02-13 03:40 PM
I am seriously thing 2-3-4-5 years!You are so optimistic ;)
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iwantmygcnow
10-15 09:42 AM
I am new to IV. what is an SR?
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ponvas
09-20 02:48 AM
http://www.washingtonpost.com/wp-dyn/content/article/2007/09/18/AR2007091801944.html
http://www.ocregister.com/news/green-highly-skilled-1847985-immigration-voice
http://www.nytimes.com/2007/09/19/us/19immigration.html?ref=us
http://mangalorean.com/news.php?newstype=broadcast&broadcastid=53421
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070025734&ch=9/11/2007%205:05:00%20PM
http://news.bbc.co.uk/2/hi/south_asia/7002296.stm
http://www.mercurynews.com/lachung/ci_6935022
http://www.businessweek.com/bwdaily/dnflash/content/sep2007/db20070917_552357.htm?chan=top+news_top+news+index _businessweek+exclusives
http://www.ocregister.com/news/green-highly-skilled-1847985-immigration-voice
http://www.nytimes.com/2007/09/19/us/19immigration.html?ref=us
http://mangalorean.com/news.php?newstype=broadcast&broadcastid=53421
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070025734&ch=9/11/2007%205:05:00%20PM
http://news.bbc.co.uk/2/hi/south_asia/7002296.stm
http://www.mercurynews.com/lachung/ci_6935022
http://www.businessweek.com/bwdaily/dnflash/content/sep2007/db20070917_552357.htm?chan=top+news_top+news+index _businessweek+exclusives
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hatighora
02-11 04:58 PM
Hi, my H1-B expired on Feb 6th, 2009, I have EAD based on I-140 approval and 485 pending (EB3 ROW). Can I apply for extension of my H1-B or do I have to switch to EAD since H1-B expired?
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la_guy
01-10 06:47 PM
Find the link below...
http://numbersusa.com/interests/legislation_proposed110.html
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN00009:@@@L&summ2=m&
I think the bill has been introduced on Jan 4th, 2007. Looks its been referred to the senate judiciary committee.
http://numbersusa.com/interests/legislation_proposed110.html
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN00009:@@@L&summ2=m&
I think the bill has been introduced on Jan 4th, 2007. Looks its been referred to the senate judiciary committee.
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yabadaba
06-24 12:41 PM
the free ead/ap is based on the $1010 fee for 485..so if u file ur 485 now.. u r pretty much in the non free group
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americandesi
10-18 06:03 PM
This due to increased fee coming to effect after July.
The increased fee went in on July 31, 2007 and as far as I know, no relief in fee was provided to naturalization applicants unlike I-485 applicants till Aug 17. Still many naturalization applications were filed in Aug 2007.
Looks like the I-485 wave swept the naturalization applicants too :)
The increased fee went in on July 31, 2007 and as far as I know, no relief in fee was provided to naturalization applicants unlike I-485 applicants till Aug 17. Still many naturalization applications were filed in Aug 2007.
Looks like the I-485 wave swept the naturalization applicants too :)
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ivar
06-18 10:41 PM
I received the very heartbreaking news that my EB3 PERM application filed OCT 2007 (with audit) was denied. Audit was requesting a copy of the Newspaper AD which the lawyer sent last NOV 2007. Reson for denial was because the copy that the DOL recieved was not clear and some words as part of the Newspaper name was missing.... An appeal will be filed soon.
Any suggestions from the gurus?
I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?
For people who filed motion or an appeal, could you please post your feedbacks/experiences?
also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?
I had simillar situation as yours. My PERM was audited and than denied. I had appealed my case and after about 10 months of wait i ran out of patience and decided to withdrawn my appeal and file a new PERM. Please decide for yourself the best option. I think in your case appeal would be a better option because i assume you are extending your H1b based on your current PERM application. You can keep extending your H1b till your appeal is pending with a hope that it will be approved. Remember one thing you cannot file a new PERM with the same company for the same position. You can try to file a new perm for a different position through the same company as a backup, if your company is ready to support you.
Any suggestions from the gurus?
I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?
For people who filed motion or an appeal, could you please post your feedbacks/experiences?
also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?
I had simillar situation as yours. My PERM was audited and than denied. I had appealed my case and after about 10 months of wait i ran out of patience and decided to withdrawn my appeal and file a new PERM. Please decide for yourself the best option. I think in your case appeal would be a better option because i assume you are extending your H1b based on your current PERM application. You can keep extending your H1b till your appeal is pending with a hope that it will be approved. Remember one thing you cannot file a new PERM with the same company for the same position. You can try to file a new perm for a different position through the same company as a backup, if your company is ready to support you.
more...
pictures the Heart
shishya
04-30 12:59 PM
Just ask your parents to talk to a lawyer in India. Obtain two separate notarized affidavits from each parent. Hope you have the format. Give it your lawyer and tell him/her that they are the sworn affidavits. Be sure to mention in the affidavits that since there was no requirement of a birth certificate 'for my son/daughter' we never obtained one from the authorities earlier. Hence the new extract just for the purpose of filing immigration petition.
I think your lawyer is just complicating the situation - ?inexperience / jitteriness? When I had to get my BC I had to make my dad travel places on 12 hour trips. It is sad that we have make them run around in their old age. Plus the USCIS is stupid not to accept the date of birth as in the passport. Life is not easy when there are whole lot of dumba&&es around us. Just my opinion.
Thanks for your reply. But we are trying to avoid any RFEs whatsoever. And per our lawyers the manual does require a first class magistrate swearing :(
I think your lawyer is just complicating the situation - ?inexperience / jitteriness? When I had to get my BC I had to make my dad travel places on 12 hour trips. It is sad that we have make them run around in their old age. Plus the USCIS is stupid not to accept the date of birth as in the passport. Life is not easy when there are whole lot of dumba&&es around us. Just my opinion.
Thanks for your reply. But we are trying to avoid any RFEs whatsoever. And per our lawyers the manual does require a first class magistrate swearing :(
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sairam
09-17 03:32 AM
In the same boat guys. Signed by J.Barret 10:25am. No receipts yet. Called USCIS twice last week. Still not in system.
No news yet. No checks cashed. I'm getting really worried now. Anyone else with similar delivery info please post any updates on the status of your application here.
Thanx!
No news yet. No checks cashed. I'm getting really worried now. Anyone else with similar delivery info please post any updates on the status of your application here.
Thanx!
more...
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sanjay02
03-28 07:34 PM
Report to dept of labor at your local office.
info@dol.gov
info@dol.gov
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nefrateedi
08-29 12:03 PM
Could someone please, help me with the following situation; HERE IS MY EXPLANATION:
....My permanent employment is in Massachusetts...so from what I read( from I-140 and 485 instructions) my permanent employment which is Massachusetts...does not correspond to the Nebraska Service Center...it corresponds to the Texas Service Center. I've noticed this only after my lawyer sent my package to NEBRASKA.
Please tell me if I'm accurate about this matter?
Will USCIS REJECT MY PACKAGE OF i-140 AND i-485 because of improperly filed?
Please help me!
Your help would be highly appreciated!
When were your applications filed? If it was before July 30, your I-485 could be filed at either Nebraska or Texas.
....My permanent employment is in Massachusetts...so from what I read( from I-140 and 485 instructions) my permanent employment which is Massachusetts...does not correspond to the Nebraska Service Center...it corresponds to the Texas Service Center. I've noticed this only after my lawyer sent my package to NEBRASKA.
Please tell me if I'm accurate about this matter?
Will USCIS REJECT MY PACKAGE OF i-140 AND i-485 because of improperly filed?
Please help me!
Your help would be highly appreciated!
When were your applications filed? If it was before July 30, your I-485 could be filed at either Nebraska or Texas.
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chanduv23
06-19 12:23 PM
Wow! Thank you everyone for your input!
So how does one surrender a Green Card abroad - do they have to go to a US Consular Office/Embassy?
Yes, my dad took his expired GC to the Chennai Consulate when he went for his visitor's visa stamping and let the first level screening officer know that he has this document - she then made a note of it (I think) and asked my dad to hand it over the VO during the interview. When my dad handed it to the VO - he was looking and gazing at it for a while and then took it inside and had a small discussion with a couple of people and then filled out a form and had a notary notorize it and asked my dad to fill out the form and gave my dad a copy and then put it in an envelope and attached this to my dad's visitor's visa file.
So how does one surrender a Green Card abroad - do they have to go to a US Consular Office/Embassy?
Yes, my dad took his expired GC to the Chennai Consulate when he went for his visitor's visa stamping and let the first level screening officer know that he has this document - she then made a note of it (I think) and asked my dad to hand it over the VO during the interview. When my dad handed it to the VO - he was looking and gazing at it for a while and then took it inside and had a small discussion with a couple of people and then filled out a form and had a notary notorize it and asked my dad to fill out the form and gave my dad a copy and then put it in an envelope and attached this to my dad's visitor's visa file.
shantanup
10-15 11:17 AM
I renewed mine 3 months ago. Texas is a LIBERAL state after all.
Can anybody list the states that check immigration status to renew / issue a driver's license?
Can anybody list the states that check immigration status to renew / issue a driver's license?
CADude
10-30 03:00 PM
Please contact CIS Ombudsman office with Scaned copy of Delivery Receipt(USPS/FedEx/UPS) @ cisombudsman.publicaffairs@dhs.gov
Also signup for his Nov 2nd coference call.
Last but not least, write to your congressman/senator/director NSC/Joint-Intake
Thank you.
Also signup for his Nov 2nd coference call.
Last but not least, write to your congressman/senator/director NSC/Joint-Intake
Thank you.
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