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kondur_00704-17 10:35 AMI have the following status working with the original H1B employer who filed for my green card petition:
1) PD Jan, 2007, EB3-I
2) I-140 approved and pending AOS
3) 2 yrs. EAD available, expiring Sep. 2011
4) H1B will be expiring within 3 months (1 year left from 6 years limit)
My questions,
1) Can I use EAD instead of extending H1B? I want to stay with the same employer as a
full time employee.
2) If yes, is it required to inform INS? How and when?
3) In that case, how me, my son (middle school student, H4 & pending AOS) and wife's (EAD & pending AOS) stay in US will be justified with no valid I-94 (assuming I am not extending H1B anymore) ?
Answers to my above questions will be highly appreciated.:confused:
Answers:
1. Yes you can.
2. You do not need to inform INS as such; all you need to do (when you change from h1 to EAD) is to fill out new I-9 form with your employer. Ask your employer/HR dept and it is very easy form to fill out; that basically changes your job status from "H1 to EAD".
3. As long as their AOS is pending, they are all legal; I 94 does not matter. They are in authorized period of stay. Of course, their H4 status will be gone.
Only issue in doing this, is just in case, (by bad luck or something) if your 485 gets denied, then all three of you may not have anything to "fall back on". That is the one risk you take when you let your H1 go. Other than that, make sure everyone has AP (whenever they travel outside) and EAD (if they work/study) and you will be fine.
Good Luck.
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thakkarbhav11-17 12:19 PMI guess you need GC to apply for UnEmployment benefits....Is it correct?
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aim-high03-24 04:32 PMI am planning to apply for Schengen visa in an Italian consulate. I have an expired H1 but a valid AP. According to the italian consulate website, here is one of the visa requirements
"passport or travel document valid for at least three months after visa expiry date"
My passport is expiring in 2 years but my AP will be expiring in about 2 1/2 months from the Schengen visa expiry. Will I have an issue getting a visa ?
Do I have a workaround ?
Thanks
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nrk11-02 12:31 PMIt is a good sign for sure.
I don't know about F/P notice, but for sure it can not be RFE
i believe pre-adjudication does not even show on the status.
It is a good sign, you are still in the system!!
(1) It is most likely 2nd F/P notice or an RFE. It could mean that your case is being pre-adjudicated.
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RadioactveChimp04-08 02:07 AMahhhhhh sweet approval
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alex9909-14 04:23 PMI have an issue with my I-94 and need your advice on this.
I came back to US from India vacation on 10-Sep-2007. My H1 Papers from Company-B got approved(on 5-Sep-2007) just before I start from India . So I could not show the new Company-B h1 papers at the Port of entry to the CBP officer. I got my new I-94 date based on the old Company-A H1 papers which is valid till 30-Sep-2007.
I red on the Immigration Forums that USCIS follows last action rule to determine the validity of I-94. In that scenario, the I-94 that comes with my new H1 paper gets invalidated. If it is true, am I out of status after 30-Sep-2007?
Could you please advice on my possible options on this issue?
Thanks,
Alex
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chintainfogc10-29 11:14 AMThank You guys for all your responses...i am planning to send the requested documents again.
Thanks
Chintainfogc
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vikki7608-24 11:36 PMA friend of mine has PhD in aeronautics from a top tier university here in US. He will be soon starting teaching in a university and planning to file his GC under EB-1.
Are there any risks in getting I-140 approved under EB-1? or just having a PhD does not automatically qualify anyone under EB-1 category.?
Since he is born in India so reluctant to file under EB-2 due to endless wait.
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drirshad10-26 06:17 PMMy case went directly to CSC for H1 extension and is pending since July 10 any idea others have same problem.
Application Type: I129, PETITION FOR A NON IMMIGRANT WORKER
Current Status: Your I129 PETITION FOR A NON IMMIGRANT WORKER was received on July 10, 2006. We will mail you a decision as soon as processing is complete. You can use our processing dates to estimate when this case will be done. Follow the the link below for current processing dates.
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Mogus09-28 09:50 AMThank you very much for all your comments...This information is very helpful for me.:)
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gcharry11-11 08:35 PMThank you for the reply. What if my 485 gets approved before the 485 date current again and I could apply for her?
Thanks
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crazy_apple10-12 02:59 PMI'm sure the following questions have been asked several times too. What are the answers in the following scenarios:
After 485 filing and before 180 days:
- Person loses job and is unemployed. Does the 485 stage continue? Does AP and EAD assigned to this person still continue to work?
- If this person finds another job (based on EAD or H1), does the 485 process continue? Or does the whole GC process needs to restart?
After 485 filing and after 180 days:
- Person loses job and is unemployed. Does the 485 stage continue? Does AP and EAD assigned to this person still continue to work?
- If this person finds another job (based on EAD or H1), does the 485 process continue? Or does the whole GC process needs to restart?
- Does the person need to be employed when the 485 stage is approved?
- Does the person need to be in the US when the 485 stage is approved?
I hope this helps other users having similar questions.
Thanks!
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GTGC05-05 03:49 PMDano and Sledge_hammer,
I am also looking for attorneys in the DC metro area to help me with AC-21 questions/process. I was looking at the obvious choices Rajiv Khanna and Murthy - but if you have any other suggestions it would be helpful.
Thanks....
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Pineapple10-13 10:28 AMIf anyone from the King of Prussia area is interested in meeting lawmakers, please PM me.
Once we have some people, we can plan and set up appointments over the next few weeks.
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desi393307-13 07:43 AMWould going to Canada and re-entering without going for visa stamping count as lawful entry??
Or one has to go and get the visa stamped to qualify as lawful entry??
Also when you go to Canada and come back Without VISA stamping, he gets the same I-94 or different I-94??
Thanks.
You can re-enter from Canada with same I-94 and status as long as trip < 30 days.
Yes, it resets out of status clock.
___________________________
Not a legal advice.
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svam7707-24 03:13 PMMy H1B LC says that I got hired as software engr. But later, they promoted me to Sr Software Eng ...
Now my labor cert says Software Engr.
I think its not a problem but just want to make sure. My lawyer didnt even care.
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vullankib06-29 04:09 PMIt will be renewal
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immi_enthu08-10 06:52 PMand more over 'weekly update' does not necessarily mean every week :rolleyes:.
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papajon06-18 02:27 PMI am from Bronx, NY and can participate in this activity.
immigal08-12 09:55 PMI just checked the copy sent to me from my law office. It says I-485 pending for the current status. I got the EAD renewed without any problem.
I saw somewhere that you can alos write AOS pending.
Hope this helps.
Thank you for taking the time to reply.
Actually I am e-filing, so the option for me are PAR:PAROLEE. DO not see any 'AOS pending' status.
1. Did you also enter on H1b and then switched using EAD?
2. So do you have H1B on 'Last entry status' and 'AOS pending' on 'Current status' questions?
Thanks again..
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