basivijunna
08-06 03:24 PM
I am on the same boat. My husband is H1 and I am on H4. Once we get our approved EAD, I will use it so I will lose my H4 status and become an 'Adjustee'. My husband will keep his H1 status as he won't be using his EAD and will be staying with the same employer and job. Now if you travel abroad and use your AP to enter the US again, then that's when your EAD kicks in unless you have a H1 stamp on your passport that is not expired. Hope this helps. :)
If dependent spouse re-enters US using AP, is it only his/her EAD that get's kicked in or the EADs of both husband and wife?
If dependent spouse re-enters US using AP, is it only his/her EAD that get's kicked in or the EADs of both husband and wife?
wallpaper Where to ski Wallpapers
whoever
12-14 10:26 AM
EB3 India - May 15, 2001
EB2 India - Oct 2003
EB2 India - Oct 2003
imig
05-29 03:09 PM
What happens if you moved and filed AR11 after a year. Does that raise a red flag ?
Does anyone know or have similar experience? Thanks!
Does anyone know or have similar experience? Thanks!
2011 ski wallpaper. Ski Wallpaper
morchu
04-27 02:19 PM
There was never a "10 day allowance". Technically USCIS can legally deny a change/extension of status, even if the person is currently out of status for 1 day. But they may not.
That is not entirely correct as you are not allowed to be out of work for more than 10 days. Although in saying that people have still got the their transfer approved often by delayed notification of termination from first position by their employer.
Also people look at transferring to the B-2 tourist visa to remain in status as well.
That is not entirely correct as you are not allowed to be out of work for more than 10 days. Although in saying that people have still got the their transfer approved often by delayed notification of termination from first position by their employer.
Also people look at transferring to the B-2 tourist visa to remain in status as well.
more...
ps57002
10-07 04:07 PM
I came with my parents when I was 15.... Have legally stayed in country for twenty yrs. I too wonder how this would play into things for me. Of course I've taken vacations in between outside of U.S.
kumaabh
08-02 04:07 PM
I concur, that this thread should be closed. I am legal and I have worked very very hard to be legal. In the past, I had to say no to internship oppurtunities in big investment bank because my OPT card was not there in time.
And i am saying this although my wife is not legal. Its not the responsibility of ur lawyer or ur school or ur employer to keep u legal.Its one's own responsibility. IV is a forum for legal immigrants who are working hard and who's careers stagnate caught in the web of Broken US immigration policies.
Administrator please close this thread.
And i am saying this although my wife is not legal. Its not the responsibility of ur lawyer or ur school or ur employer to keep u legal.Its one's own responsibility. IV is a forum for legal immigrants who are working hard and who's careers stagnate caught in the web of Broken US immigration policies.
Administrator please close this thread.
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desi3933
07-09 03:02 PM
I have 52k mentioned in my LCA and i used to get paid 7k each month. So, according to u if the employer pays me for 8 months and does not pay me for the rest of the year, he is fine.
If your LCA salary is 52k and you are getting paid 84k, please check your LCA. You may need new LCA and/or H-1B amendment.
But, doesn't the payroll need to be run every month i am on H1B no matter how much he paid me the months before.
Compliance Assistance Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B Visas) (http://www.dol.gov/compliance/guide/h1b.htm)
_________________
Not a legal advice.
If your LCA salary is 52k and you are getting paid 84k, please check your LCA. You may need new LCA and/or H-1B amendment.
But, doesn't the payroll need to be run every month i am on H1B no matter how much he paid me the months before.
Compliance Assistance Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B Visas) (http://www.dol.gov/compliance/guide/h1b.htm)
_________________
Not a legal advice.
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moralem
02-05 11:20 AM
Since i am elgiable for AC-21 ,my employer has not given me the LC. But i have some information about it. Infomation that i have is as follows
1) Case Number
2)Atlanta Processing Center
3) Received Date
4)Certified Date
5) Company Name
6) Job Title
7)Prevailing wage SOC Code
8) Prevailing wage SOC Title
9) Prevailing wage OES
Is this information more than enough to file an AC21
What i dont have is
1)Job description
cheers
Morale M
1) Case Number
2)Atlanta Processing Center
3) Received Date
4)Certified Date
5) Company Name
6) Job Title
7)Prevailing wage SOC Code
8) Prevailing wage SOC Title
9) Prevailing wage OES
Is this information more than enough to file an AC21
What i dont have is
1)Job description
cheers
Morale M
more...
Openarms
05-06 04:25 PM
We EB3-India and China folks needs to get a count and create an action plan....other wise looks like nobody comes to rescue.
It does not matter what PD we are in... unless some change happens in law we are not going to see light at the end of the tunnel.
Things to do
-- Get the count
-- write letters / meet to local Congress men, Senators, Homeland security Chair, President and any body who we think can help us.
It does not matter what PD we are in... unless some change happens in law we are not going to see light at the end of the tunnel.
Things to do
-- Get the count
-- write letters / meet to local Congress men, Senators, Homeland security Chair, President and any body who we think can help us.
hair Skiing wallpaper illustration
qualified_trash
07-18 04:05 PM
lasantha.....if you had read what i said, I said De Facto Discrmination. What this means is while there is no policy giving one nation preference overe another, what the policy does do is effectively bar people from larger countries from getting residency based on their national origin.
That is the botomline effect of those country quotas, and that's why it is not Overt Discrimination but rather De Facto Discrimination. Got it?
The GC quota does not BAR anyone from getting the GreenCard, just increases the timeline. when discussing legal issues, it is best to stick to facts and not perceived impact.........
when discussing policy, it makes sense to talk about perceived impact. however, it is not our place to dictate/question policy. remember we are guests after all. that is why we can petition the lawmakers as in ask/request/beg and nothing more.
when we all get the GC and some of us (those who chose to) become citizens, surely we can start a grasroots campaign to fix the problems inherent with the per country cap..........
until then hang on!!!!!!!!!
That is the botomline effect of those country quotas, and that's why it is not Overt Discrimination but rather De Facto Discrimination. Got it?
The GC quota does not BAR anyone from getting the GreenCard, just increases the timeline. when discussing legal issues, it is best to stick to facts and not perceived impact.........
when discussing policy, it makes sense to talk about perceived impact. however, it is not our place to dictate/question policy. remember we are guests after all. that is why we can petition the lawmakers as in ask/request/beg and nothing more.
when we all get the GC and some of us (those who chose to) become citizens, surely we can start a grasroots campaign to fix the problems inherent with the per country cap..........
until then hang on!!!!!!!!!
more...
unseenguy
06-16 11:05 PM
Who are they to review and certify India? Irrespective of your political spectrum say cheers to the Govt of India.
Rub it in baby! yeah! Felt so good as a response to 221(g) issued by american consulates.
Rub it in baby! yeah! Felt so good as a response to 221(g) issued by american consulates.
hot Ski jump wallpaper
inskrish
04-06 06:30 PM
My situations is just like thousand of people in this forum.
Here is the quick background. EB3-I w/PD 04/04. Moved to another Employer using AC21 using the EAD (no more h1) long after i-140 approval and long after 6-months 485 pending period.
Working with this new company using EAD for more than year. Got the EAD when I was with my original GC employer. Now here comes the time to renew the EAD and the new company lawyer is mentioning per the recent changed interpretation on some ruling by USCIS, it is required to maintain H1b even if you are using EAD. WHen we renew EAD we have to mention current immigration status as H1b otherwise 485 will be denied. He mentioned that if I am not maintaiing H1b that would be problem.
During last EAD application my old attorney mentioned pending Adjustment of Status.
What is this new ruling or new interpretation of old ruling? Does this make any sense? What's the use of EAD?
Anyone in same situation? Has anyone heard similar thing from his/her attorney?
Hi,
I suggest you send your attorney 'Immigration Laws for Dummies' book--Overnight is the best:-)
Here is the quick background. EB3-I w/PD 04/04. Moved to another Employer using AC21 using the EAD (no more h1) long after i-140 approval and long after 6-months 485 pending period.
Working with this new company using EAD for more than year. Got the EAD when I was with my original GC employer. Now here comes the time to renew the EAD and the new company lawyer is mentioning per the recent changed interpretation on some ruling by USCIS, it is required to maintain H1b even if you are using EAD. WHen we renew EAD we have to mention current immigration status as H1b otherwise 485 will be denied. He mentioned that if I am not maintaiing H1b that would be problem.
During last EAD application my old attorney mentioned pending Adjustment of Status.
What is this new ruling or new interpretation of old ruling? Does this make any sense? What's the use of EAD?
Anyone in same situation? Has anyone heard similar thing from his/her attorney?
Hi,
I suggest you send your attorney 'Immigration Laws for Dummies' book--Overnight is the best:-)
more...
house Whistler Ski Photos
VMH_GC
07-10 09:22 AM
I saw the show yesterday. It is very sad that people like lou dobbs are twisting the facts by saying around 700,000 H1b visa holders are overstaying in USA. Also on that show one senator named "TOM" forgot his lastname, is saying the same and also that guy even did not know how long H1B is valid, he says it is valid for 5 years after that H1b visa holder become illegal. These kind of people spread hatered among common people against immigrants. is there way, we can sue these guys for his racist remarks/ misleadeing information?
tattoo Wallpaper 2
GCapplicant
10-27 09:57 AM
:p
" Nonsense" - they will throw your mail to garbage.
" Nonsense" - they will throw your mail to garbage.
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pictures Ski Access® Desktop Wallpaper
eb3retro
04-12 12:05 AM
who the f*** is this employer neways..keeping the employee here in US, and telling to give sick leave, these are all the things, H1b is doomed on..why can't every one play by the rules, we always have to find the loop holes huh...
dresses Salma Hayek Jet-Skiing Bikini
waitingnwaiting
05-29 10:25 AM
Which world are you living brother.
You are saying illegals have money, muscle and vote power.
Explain the three.
How can illegals have money. They are poor and not live in big homes and drive expensive cars like you legals.
How can illegals have muscle power? Are they more healthy than you. Legals have more money to eat healthy food.
How can illegals vote? They are not citizens.
You are also saying " In our case we have neither the money, nor the muscle or vote power, but have 100% of the law on our side"
So you are saying you legals have no money? All your US degrees and best and the brightest credentials are not of any use because you do not have money?
You are saying legals have no muscle. Are they weak or diseased?
You are saying they have no voting power. Only this part is correct. But what about getting support from employers and lawyers who help us with applications. Why can't we get support from them.
you are saying you have 100% law on your side. So why don't you fight legally. How many lawsuits legals have fought. I have not seen a single lawsuit. Its all talk talk talk. Legals are cowards. They can only talk on the forums. But they will spend time in indian temples or discount shopping and watching indian movies in spare time instead of doing anything for green card problem.
Dear All,
This is indeed a welcome step!
First of all entering a country illegally is wrong. It is a crime. After committing an illegal act, seeking protection by talking about civil rights, liberty etc is absolutley unfair. Every country has a right to enforce its borders.
Will it be ok if 10 million Pakistanis enter India, stay and work illegally? Please pause to think. Let us be fair!
Might is not right! Just because the illegals have a HUGE NO. they are arm twisting the government and also holding people like you and I to ransom. They are the ones who are preventing anything good happening to us. I am least bothered about what they do, till it affects the legal immigrants.
Why should we fall under the ambit of the CIR? In what way did we violate the process? The issue is simple ---> The illegals have all the money,muscle and vote power but 0% of the law on their side! In our case we have neither the money, nor the muscle or vote power, but have 100% of the law on our side.
I only hope Arizone wins the major legal battle too!
GOD bless the legal immigrant community!!!
You are saying illegals have money, muscle and vote power.
Explain the three.
How can illegals have money. They are poor and not live in big homes and drive expensive cars like you legals.
How can illegals have muscle power? Are they more healthy than you. Legals have more money to eat healthy food.
How can illegals vote? They are not citizens.
You are also saying " In our case we have neither the money, nor the muscle or vote power, but have 100% of the law on our side"
So you are saying you legals have no money? All your US degrees and best and the brightest credentials are not of any use because you do not have money?
You are saying legals have no muscle. Are they weak or diseased?
You are saying they have no voting power. Only this part is correct. But what about getting support from employers and lawyers who help us with applications. Why can't we get support from them.
you are saying you have 100% law on your side. So why don't you fight legally. How many lawsuits legals have fought. I have not seen a single lawsuit. Its all talk talk talk. Legals are cowards. They can only talk on the forums. But they will spend time in indian temples or discount shopping and watching indian movies in spare time instead of doing anything for green card problem.
Dear All,
This is indeed a welcome step!
First of all entering a country illegally is wrong. It is a crime. After committing an illegal act, seeking protection by talking about civil rights, liberty etc is absolutley unfair. Every country has a right to enforce its borders.
Will it be ok if 10 million Pakistanis enter India, stay and work illegally? Please pause to think. Let us be fair!
Might is not right! Just because the illegals have a HUGE NO. they are arm twisting the government and also holding people like you and I to ransom. They are the ones who are preventing anything good happening to us. I am least bothered about what they do, till it affects the legal immigrants.
Why should we fall under the ambit of the CIR? In what way did we violate the process? The issue is simple ---> The illegals have all the money,muscle and vote power but 0% of the law on their side! In our case we have neither the money, nor the muscle or vote power, but have 100% of the law on our side.
I only hope Arizone wins the major legal battle too!
GOD bless the legal immigrant community!!!
more...
makeup Powder Creek Skiing Wallpaper
franklin
07-24 12:26 PM
Yes, 3 year extension is only available to you if your I140 is approved and your PD is not current.
girlfriend Salma Hayek Jet-Skiing Bikini
dummgelauft
08-16 08:41 AM
Neobuddha,
Thank you for your advice. I should give more information about my case. My paperwork went to USCIS just on 8/13 and my EAD expires on 9/14. I was careless and just forgot. I work for a nonprofit and was hoping that might help my case. What I am most worried about is that I'm 5 months pregnant and don't want to lose health insurance with my job. My application will go to the Nebraska service center. I will still try sending a fax to expedite but I am worried (based on others experiences) that they will not care considering I have not be waiting for 90 days.
The other question I have is can I still volunteer my time to my job after they put me on leave. I am the only person in my office with certain responsibilities and I don't want to leave my company in a difficult position as a result of my carelessness. My lawyer said I cannot do any work but I just don't understand why I can't work for free.
Your lawyer is technically correct, HOWEVER, ask him and your HR about section 245(k) of INA. This section protects YOU for upto 180 days of unauthorized employment since the date of your last legal entry into US. Now, many companies are leery of this but since yours is a non- profit, they might be amenable to letting you work, pending EAD renewal. In the rare case case that your company is picked for an I-9 audit, your company will face a fine of upto $1000.00 ( one thousand dollars).
About the benefits, even if your employer has to lay you off, you can always go on a COBRA plan, for the time you are laid off.
Also, contact your local congressman about your case. They can often help.
Thank you for your advice. I should give more information about my case. My paperwork went to USCIS just on 8/13 and my EAD expires on 9/14. I was careless and just forgot. I work for a nonprofit and was hoping that might help my case. What I am most worried about is that I'm 5 months pregnant and don't want to lose health insurance with my job. My application will go to the Nebraska service center. I will still try sending a fax to expedite but I am worried (based on others experiences) that they will not care considering I have not be waiting for 90 days.
The other question I have is can I still volunteer my time to my job after they put me on leave. I am the only person in my office with certain responsibilities and I don't want to leave my company in a difficult position as a result of my carelessness. My lawyer said I cannot do any work but I just don't understand why I can't work for free.
Your lawyer is technically correct, HOWEVER, ask him and your HR about section 245(k) of INA. This section protects YOU for upto 180 days of unauthorized employment since the date of your last legal entry into US. Now, many companies are leery of this but since yours is a non- profit, they might be amenable to letting you work, pending EAD renewal. In the rare case case that your company is picked for an I-9 audit, your company will face a fine of upto $1000.00 ( one thousand dollars).
About the benefits, even if your employer has to lay you off, you can always go on a COBRA plan, for the time you are laid off.
Also, contact your local congressman about your case. They can often help.
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frost_oni
04-08 04:29 PM
thanks for the footer!! i have another one already ready....which allows you to make your own scrolling thing!!!!! it saves whatever you type in a shared object and the character limits is.....well, very long. :thumb:
vin13
07-16 12:31 PM
Hi,
Recently I have bought a new home and have home warm up by end of this month.
For this I have to call my parents in US so can anbody share with me home warm up invitation sample letter.
Thanks much,
Nishit Gajjar
What's more important is to show evidence of strong ties to the home country. This ensures that the visitor will return home before their visa expires instead of remaining here illegally. Usually showing financial/income documents helps convince ties to home country.
Recently I have bought a new home and have home warm up by end of this month.
For this I have to call my parents in US so can anbody share with me home warm up invitation sample letter.
Thanks much,
Nishit Gajjar
What's more important is to show evidence of strong ties to the home country. This ensures that the visitor will return home before their visa expires instead of remaining here illegally. Usually showing financial/income documents helps convince ties to home country.
basivijunna
08-06 03:24 PM
I am on the same boat. My husband is H1 and I am on H4. Once we get our approved EAD, I will use it so I will lose my H4 status and become an 'Adjustee'. My husband will keep his H1 status as he won't be using his EAD and will be staying with the same employer and job. Now if you travel abroad and use your AP to enter the US again, then that's when your EAD kicks in unless you have a H1 stamp on your passport that is not expired. Hope this helps. :)
If dependent spouse re-enters US using AP, is it only his/her EAD that get's kicked in or the EADs of both husband and wife?
If dependent spouse re-enters US using AP, is it only his/her EAD that get's kicked in or the EADs of both husband and wife?
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