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smuggymba
03-07 11:26 AM
You will retain your PD.

If your employer recalls the 140 it could casue potential disruptions. If you have an EAD, just port your employment to some other employer. That way you will be dealing with less hassles.

I haven't file 485 and have no EAD.

Just an approved 140 with looming layoffs.
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ArkBird
06-24 06:07 PM
Even though your wife is not taking salary, if she is owner of the business, she is considered "paid". In the worse case scenario, your wife will have to stop working till you get EAD or you can use protection 245(k) i.e. illegal employment for less than 180 days.

If it is VERY critical, I suggest consulting a lawyer as most of what we post on this forums is personal knowledge and may not be the actual law! :)

Cheers

ArkBird

Hi all,
We applied for my wife's and mine EAD on April 27th (paper based)
I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010

I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.

Additionally , she has a valid H4 as well.
I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble

Pls reply
Thanks in advance
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GotFreedom?
07-20 01:50 PM
If your I-485 is already approved, you already have a GC (your status is permanent resident) regardless if you have the physical card in possession or not. You do not need EAD to work in the US. You are allowed to work wherever you may choose without worrying about work authorization. Your GC is your work authorization as well.

Sorry to hear about your job loss. With I-485 already approved, you should be able to apply for the unemployment benefits but I do not know what kind of implications it might have when you go for citizenship. I beleive, you are elegible to reap the benefits of the social benefits even if its considered burden.
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sathish_gopalan
10-18 12:41 PM
You could send payment to
donations@immigrationvoice.org paypal account for any
amount that they would like to contribute. If you want to contribute 50$, then this is a good option

This would require for them to have paypal account.
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Chelo
07-21 08:38 AM
and he is cute..., that is a must
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hemasar
09-12 02:03 PM
My ETA is P-### .... I used the link and my status is IN PROCESS
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GotFreedom?
07-23 05:28 PM
It varies from state to state based upon which money pool is used to pay the beneficiaries, but it is wise to not to go for it. You will show up as social burden at the time of adjudication and may affect the IOs descision while granting you the AOS approval or not.

Its my 2 cents. You may wanna talk to your attorney before even thinking about filing for such benefits.
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vinnysuru
08-31 10:11 AM
Hi Guys, After I read the murthy bulletin article on EAD's I was glad to see a possibility for applying for interim EAD after 75 days. But since then I have done a lot more research and couldn't find anything related to this anywhere. I live in Wisconsin and the only way we can get help from Milwaukee field office is by going through infopass online to set up an appointment. And it still mentions that if it has been past 90 days then you can request an interim EAD. I would really like to see some more info on the 75 day recommendation. Also, does anybody know what all you need to take with you to get interim EAD.

Do you need original receipt notices or will copies do? I am sure you need a photo id!! What else? Thanks
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immique
07-03 01:50 AM
H1B transfer pending & going out of US for 3 days.

My h1b is valid till Sep 30 2008 and this h1b is from my old employer which I left on jun 20. I joined new employer on Jun 23rd and the petition was filed on Jun 16th, it was rcvd by USCIS on Jun 17th.

I am going to Mexico on Jul 4th and will be coming back on Jul 7th. Now if I am not asked to surrender i-94 while I leave USA I think I will be OK but if I had to surrender i-94 while leaving USA then what documents I should have to enter (USA) ???

Should I tell that I have joined new employer or should I not?
My old employer is not going to cancel my currenct h1b PLUS my old employer had filed for an extension also....

I have read that if the petitioner can not provide with proof of h1b transfer in form of rcpt notice or approved i 797 at the POE then he/she is inadmissible.

Please help by throwing out your thoughts/past experience/knowledge base in this area.

Thanks
it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.
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GCVivek
03-23 03:06 PM
If your new I-797 came with a new I-94 attached at the bottom, you should be fine. Usually, if you renew H1-B past the expiration date, you are classified under "Consular Approval" and therefore must get H1B stamped into your passport the next time you leave and want to enter the US.
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deepakjain
11-16 06:36 PM
Please don't give out wrong information. Noone asking you to reply if you are not 100% sure of what you are saying.:mad:

Using AP will not invalidate your H1. You can enter in AP and work with the same employer as long as your H1 is valid and you transfer it to new employer if needed.

I am 100% sure on what I am saying and will never suggest something to anyone if I myself has not been advised to follow the guideline.

The gentelman who replied last has already stated the same thing, work for the same employer to maintain your H1B if you enter on AP, but you will be a parolee until your H1B get renewed again.

Regards,
Deepak
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singhsa3
11-15 10:47 AM
What a shame and Ignorant people we are trying to motivate...
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desi3933
06-18 04:30 PM
Under Part 3.

What should one put for
1. Nonimmigrant Visa number
2. Date Visa Issued
3. Consulate Where Visa was Issued.

I'm currently on a valid H1 extension with a valid I-94. The visa on passport has expired and I had got an extension within US. Anybody any ideas????

Mr. EndlessWait -

You extended your status, not visa. Please get your basics correct.

1. Nonimmigrant Visa number
Visa Number for the last issued visa (does not matter if is expired)
2. Date Visa Issued
Date of Issue for Visa in #1
3. Consulate Where Visa was Issued.
Place of Issue for Visa in #1

Good Luck


Please check and verify details with your attorney/lawyer. This is NOT a legal advice.

----------------------------------
Permanent Resident since May 2002
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anantc
06-19 02:08 PM
Hi

Does any one know if it will also be applicable to someone with end of 9th year H1B? I have been getting annual H1Bs fro the past 3 years now, I was wondering if I will be eligible for I-140 premium.
Is Premium Processing of 140 for 9yrs Applicable H1B & 485 pending from June 16th 2008 ?

Appreciate anyone already in same boat!
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pamposh
10-26 08:36 AM
guys can someone please let me know what is meant by lud.

my fringerprinting was done 2 days ago and received ead no ap yet.

i have seen posts saying online status of i485 been adjusted to lud after
finger printing done.i donot see any changes online for i485 after finger printing.

i highly appreciate if someone let me know what is lud

lud: Last updated Date
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mugwump
03-13 10:17 AM
I apologize in advance if people think my post is inappropriate for this thread, but I couldn�t find the older thread I was looking for.

I was wondering what happened with the discussion about the potential impacts of Canadian Immigration on US GC process. I had read before that UCSIC might consider it as an abandonment of the 485 application.

I had applied for canadian immig as a back up and got a medical request form from Canadian Consul. I am planning to go ahead with it. Was hoping to find out if people have been landing in Canada in this post 485 filing world??

Responses will be appreciated.
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05-25 07:09 AM
Additional Info: The senators offices open only at 8:30am.
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waitin_toolong
04-28 09:16 AM
that provision was only during the fiasco, you can efile and should send the documents as requested.
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Lydia
06-18 11:24 AM
I understand it is law but he is denying... I did offer him money, but he says a big NO.
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08-10 10:15 AM
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rajivkane
05-21 09:52 AM
HI!

I have two I-140(both approved) & want to port earlier priority date of 10/21/2003(EB-3 Classification) to my other approved I-140(EB2 Class-priority date 11/14/2005). My EB-3 I-140 was not approved at the time of filling I-485 in July'2007. Both my lawyer & me have written couple of letters to USCIS to do this but still nothing is done. We received a reply to one of my letter asking us to file I-824 "requesting an amended approval notice with retention of earlier priority date". Both I-140 are from the same employer & I am still with them. My questions are 1) do I need to file I-824 or this will be eventually done by USCIS by reminder letters? (2) Will filling I-824 will harm my case in anyway? (3) What "reason for request" to choose on I-824 when filling- as none of the existing ones fit my case( can I say "see attached" & mention ""requesting an amended approval notice with retention of earlier priority date" on anither sheet of paper? (if any one has this experience please guide me) (4) how long does it take to get this done whether we file I-824 or otherwise?(5)Any good lawyer for this?

Some more :

Murhy.com has following:

"However, we at the Murthy Law Firm see cases in which either the I-140 petition with the earlier priority date was not approved until after the I-485 filing or the option was overlooked. In those situations, NSC suggests that the Application for Action on Approved Petition (Form I-824) can be used in order to obtain proof of the change of the priority date. Form I-824 is not required in order to make the request for retention or change of priority date, but it gives a mechanism to obtain a decision and proof that the request was granted"

Some of the questions based on above:
(1) Do I require to file I-824 based on this since my EB-3 I-140 was approveD after I filed my I-485 based on EB-2.
(2) If yes, can I file I-842 or my employer need to file since this is "application for action" on I-140 petititon?
(3)Why only NSC requires this? Is this law or someone's whim?
(4) I am already waiting for nearly six month's now- based on porting I am current past six months & we already have sent two letters from my lawyer & two from my side for this.

Please guide.

Regards,

Raj
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