arihant
06-14 01:10 PM
Yes, you can keep EAD and H1 at same time..
As far as I know, you can keep H1 and EAD. However, you can only use one or the other for the same job with the same employer. In other words, if you use EAD (by submitting I-9 with the employer) then your H1 is automatically invalid. However, if you never file I-9 with the employer, you can keep EAD.
Some have also said that you can use your EAD for a second job (say part time consulting on the side), while still using your H1 for the original job. But I not sure about this part. So, please do not take my word on it without additional research.
As far as I know, you can keep H1 and EAD. However, you can only use one or the other for the same job with the same employer. In other words, if you use EAD (by submitting I-9 with the employer) then your H1 is automatically invalid. However, if you never file I-9 with the employer, you can keep EAD.
Some have also said that you can use your EAD for a second job (say part time consulting on the side), while still using your H1 for the original job. But I not sure about this part. So, please do not take my word on it without additional research.
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bbenhill
10-07 09:32 PM
Hi, thank u all for the reply .. I will go ahead and go for my vac ..
i guess I am worrying too much ... :-)
i guess I am worrying too much ... :-)
dish
03-27 11:09 AM
Senator Cornyn will be sponsoring talent bill. Any more info ?
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GCHope2011
08-10 08:20 AM
alright..I came back without any problem.
Immigration at POE (Dulles airport) was breeze, first officer said, "oh..you have parole letter".
he checked something in the system and asked me to go inside..
Took baggage..went into customs...where they sent me into another room.
CBP officer took the AP..felt bad that I have been waiting since 2007 for GC..in < 5 mins, stamped and said, good luck..you are done.
Thats it.
Welcome back and thanks for posting the conclusion of the thread.
Hope all is well on home front.
Immigration at POE (Dulles airport) was breeze, first officer said, "oh..you have parole letter".
he checked something in the system and asked me to go inside..
Took baggage..went into customs...where they sent me into another room.
CBP officer took the AP..felt bad that I have been waiting since 2007 for GC..in < 5 mins, stamped and said, good luck..you are done.
Thats it.
Welcome back and thanks for posting the conclusion of the thread.
Hope all is well on home front.
more...
waitin_toolong
08-13 10:08 AM
I think you misunderstood a point made there. Though it is possible to extend renew H1 for employer if EAD was used some time, but that is like recapturing that status and means fulfilling the terms of H1, by giving up on part time job.
You cannot be on H1 and use EAD for second job at the same time.
You cannot be on H1 and use EAD for second job at the same time.
mariner5555
04-03 04:09 PM
Hi,
My husband and my EAD and AP renewal time is approaching. We were thinking to do it ourselves but we don't know how to do it.
Could you please guide us in self filing?
a) Is there E- renewals? What about photographs for such renewals?
b) What documents are required for renewing?
c) Where can we find information regarding EAD and AP renewals?
Please help us. Thank you very much.
Regards,
Augustus.
o.k ..here is the link
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
let me ask something related ..guys please reply.
which is better - using efile or by sending the application by mail ?
if sending it by mail - do you have to go for fingerprinting ??
I guess - if we efile, then we have to go for FP ..gurus ..please reply Thanks in advance !!
My husband and my EAD and AP renewal time is approaching. We were thinking to do it ourselves but we don't know how to do it.
Could you please guide us in self filing?
a) Is there E- renewals? What about photographs for such renewals?
b) What documents are required for renewing?
c) Where can we find information regarding EAD and AP renewals?
Please help us. Thank you very much.
Regards,
Augustus.
o.k ..here is the link
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
let me ask something related ..guys please reply.
which is better - using efile or by sending the application by mail ?
if sending it by mail - do you have to go for fingerprinting ??
I guess - if we efile, then we have to go for FP ..gurus ..please reply Thanks in advance !!
more...
meridiani.planum
02-22 11:03 AM
Hello I am on H1B visa, I am going to India, not to return to US, at least for 3 or 4 years. I wanted to know If my checking, savings account's in US Banks will be valid or not? If so until what period? When do my SSN will expire? I dont plant to open any new accounts, but I just want to keep my Bank accounts open, thats why. Please let me know.
If the reason you are trying to keep the accounts open is because you want to maintain some money in dollars, one option is to open an FCNR account with some Indian bank (SBI for instance). They'll keep your deposit in dollars, and it also remains repatriable (in case you decide that you want that money when in India). The interest rates are also not that bad.
Accounts without any activity are typically marked inactive by banks and they'll try to contact you about it (after ~2 years or so). One workaround is to do online transfers among the bank accounts.
One thing though: your money will be earning interest in the US so you would want to ask a tax consultant whether there is any tax implication of this (ie. are you required to file a return)
If the reason you are trying to keep the accounts open is because you want to maintain some money in dollars, one option is to open an FCNR account with some Indian bank (SBI for instance). They'll keep your deposit in dollars, and it also remains repatriable (in case you decide that you want that money when in India). The interest rates are also not that bad.
Accounts without any activity are typically marked inactive by banks and they'll try to contact you about it (after ~2 years or so). One workaround is to do online transfers among the bank accounts.
One thing though: your money will be earning interest in the US so you would want to ask a tax consultant whether there is any tax implication of this (ie. are you required to file a return)
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garybanz
01-08 10:14 AM
Folks,
As many of us get ready to use AC21 to switch from current employers, i wanted to get your feed back on a very common contartual obligation.
My contract with my desi consultant basically says
"Agreement Not to Compete. While I am employed by Employer, and for ONE years/ 12 months afterward, I will not directly or indirectly participate in a business in a similar capacity that is similar to a business now or later operated by Employer in the same geographical area. This includes participating in my own business or as a co-owner, director, officer, consultant, independent contractor, employee or agent of another business.
In particular, I will not:
(i) Solicit or attempt to solicit any business or trade from Employer's actual or prospective customers or clients; or
(ii) Divert or attempt to divert business away from Employer;"
Now my employer had nothing to do with me getting my clients, i do my own marketing and negotiationas, but of course the employer signs on all the papers. Will i still have to change clients when i switch employer?
As many of us get ready to use AC21 to switch from current employers, i wanted to get your feed back on a very common contartual obligation.
My contract with my desi consultant basically says
"Agreement Not to Compete. While I am employed by Employer, and for ONE years/ 12 months afterward, I will not directly or indirectly participate in a business in a similar capacity that is similar to a business now or later operated by Employer in the same geographical area. This includes participating in my own business or as a co-owner, director, officer, consultant, independent contractor, employee or agent of another business.
In particular, I will not:
(i) Solicit or attempt to solicit any business or trade from Employer's actual or prospective customers or clients; or
(ii) Divert or attempt to divert business away from Employer;"
Now my employer had nothing to do with me getting my clients, i do my own marketing and negotiationas, but of course the employer signs on all the papers. Will i still have to change clients when i switch employer?
more...
bhatt
05-20 12:57 PM
Hello All,
My I485 was filed at TSC and received date is July 26,2007 and notice date is sept 19,2007. MY EAD and AP and other finger prints are done after two months of filed. My priority date (Jun10, 2003) is current for last two months and it is going to retogress after this month end.There is no update for I485 for me and my wife. Now processing times for TSC shows they are working on Aug 08, 2007 filers. In this case cane youguys advice me on following things?
1. Is it good to take Info pass appointment and go for office before end of this month (as it is going to retrogress) and find out status? Before info pass do i need to get any other enquiry?
2. Processing dates for TSC-I485 shows Aug 08, 2007. Is this date recevied date or I485-Notice date?
3.Does Info-pass enquiry cause any negative effects on my I485 processing?
4. Any other guys in the same boat and what you guys are doing?
I really appreciate your advice. Thanks in advance for your good work.
1. If ur attorney is an AILA member, Check ur status through AILA
2. Call the USCIS customer service and submit an SR request
3. do an info-pass to check the status.
Cal the USCIS customer service numer and submit an SR request.
My I485 was filed at TSC and received date is July 26,2007 and notice date is sept 19,2007. MY EAD and AP and other finger prints are done after two months of filed. My priority date (Jun10, 2003) is current for last two months and it is going to retogress after this month end.There is no update for I485 for me and my wife. Now processing times for TSC shows they are working on Aug 08, 2007 filers. In this case cane youguys advice me on following things?
1. Is it good to take Info pass appointment and go for office before end of this month (as it is going to retrogress) and find out status? Before info pass do i need to get any other enquiry?
2. Processing dates for TSC-I485 shows Aug 08, 2007. Is this date recevied date or I485-Notice date?
3.Does Info-pass enquiry cause any negative effects on my I485 processing?
4. Any other guys in the same boat and what you guys are doing?
I really appreciate your advice. Thanks in advance for your good work.
1. If ur attorney is an AILA member, Check ur status through AILA
2. Call the USCIS customer service and submit an SR request
3. do an info-pass to check the status.
Cal the USCIS customer service numer and submit an SR request.
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sintax321
11-18 02:56 AM
Losts just had more to it. Very nice focal point with hte flower. Both are good though:)
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permfiling
10-04 10:57 PM
I am planning to go to India with my family in december. Please suggest some tourist spots across India.
Not the usual ones like tajmahal or gateway of india etc. Thank you.
Well you have telanganaindia as your ID so you can visit Andhra Pradesh :-)
Not the usual ones like tajmahal or gateway of india etc. Thank you.
Well you have telanganaindia as your ID so you can visit Andhra Pradesh :-)
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Berkeleybee
02-09 10:40 PM
Helpful_Leo,
Would you start a new thread to explain what text in the PACE Act makes you think that only future F-4s will benefit from this? Feel free to cut and paste from the bill.
I'm sure PACE will go through many revisions -- it would be helpful to know what the fine print/nitty gritty is.
It is my understanding that the intent of PACE is to provide this benefit to all US STEM Advanced degrees.
best,
Berkeleybee
Would you start a new thread to explain what text in the PACE Act makes you think that only future F-4s will benefit from this? Feel free to cut and paste from the bill.
I'm sure PACE will go through many revisions -- it would be helpful to know what the fine print/nitty gritty is.
It is my understanding that the intent of PACE is to provide this benefit to all US STEM Advanced degrees.
best,
Berkeleybee
more...
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Devils_Advocate
03-22 02:40 AM
Rest in Peace
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veni001
06-17 03:45 PM
As far as i know H1-B is not a requirement, but having it provide you fall back option. If you have not used AC21 and your old I-140 gets canceled( for any reason) before new I-140 approval, you will land in trouble.
The employer has to prove that there is a EB-2( Master's/Bachelor +5 yrs) job available and he can not find a qualified US Citizen/Permanent Resident for that job to get new PERM approval. DOL checks PERM job requirements against their database, and most of the time software jobs with Job descriptions of Master's or Bachelor +5 yrs required gets audited by DOL so we can not really predict how long does it take to get PERM approval.
After PERM a second audit on job requirement comes from the USCIS at I-140, once these two hurdles passed you need to send a ltr to USCIS to port I-485 category and date.
Based on the posts on this forum, if no audits, PERM is getting approved in about 8 months and I-140 in about 6 months and two to four months for USCIS to port.
Thanks Veni001, I had similar question on premium processing for 1-140, which I believe has been stopped by USCIS since last couple of years.
Also, bnaredla1382 mentioned that he/she has H-1B and is currently working on H1-B, is that a requirement? I do not have H1-B any longer and have been working on EAD since.
Thanks...
The employer has to prove that there is a EB-2( Master's/Bachelor +5 yrs) job available and he can not find a qualified US Citizen/Permanent Resident for that job to get new PERM approval. DOL checks PERM job requirements against their database, and most of the time software jobs with Job descriptions of Master's or Bachelor +5 yrs required gets audited by DOL so we can not really predict how long does it take to get PERM approval.
After PERM a second audit on job requirement comes from the USCIS at I-140, once these two hurdles passed you need to send a ltr to USCIS to port I-485 category and date.
Based on the posts on this forum, if no audits, PERM is getting approved in about 8 months and I-140 in about 6 months and two to four months for USCIS to port.
Thanks Veni001, I had similar question on premium processing for 1-140, which I believe has been stopped by USCIS since last couple of years.
Also, bnaredla1382 mentioned that he/she has H-1B and is currently working on H1-B, is that a requirement? I do not have H1-B any longer and have been working on EAD since.
Thanks...
more...
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ksvreg
09-25 03:02 PM
You are eligible for H1 extension, though you may need visa stamp and re-entry to be back in H1 status. In such cases, one gets H1 extension approval without new I-94. That's why person needs to get new stamp and re-entry.
*** Not a legal advise ***
____________________________________
Proud Indian-American and Legal Immigrant
Thanks a lot for the information. I understood now how that works after H1B is approved and also to come into H1B status. So, If I apply for H1B extension, Will USCIS expect I-94 which is not older than 6 months or something like that?
*** Not a legal advise ***
____________________________________
Proud Indian-American and Legal Immigrant
Thanks a lot for the information. I understood now how that works after H1B is approved and also to come into H1B status. So, If I apply for H1B extension, Will USCIS expect I-94 which is not older than 6 months or something like that?
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harish357
03-13 07:38 PM
Hi All,
I am in tough situation. Hope you can help me. I applied and got OPT card on DEC-2007. I thought I can complete my MASTER's by that time but one of my proff gave me D grade and according to University rules, I cannot graduate if I have D grade in Graduating Semester(Even though I have 3.09 GPA including that subject). Right now I enrolled in an online course and I will graduating in MAY2008, at the same time I am in Consultancy who are applying for my H1. They don't have any idea about my Case and are really confused when I gave the Graduation status letter that was issued by our University.
This is the matter that I have in my Graduate Status letter.
"This is to verify that harish is graduate student in good standing, currently working on Master of Science degree with a major in Electrical Engineering. He has successfully completed 30 of the 33 required hours of enrollment on his graduate plan of study, and is currently enrolled in the remaining three hours. He has passed his exit examination, and has submitted his application for the degree for the spring semester of 2008. Provided that he successfully completes his final enrollment, he would be awarded his degree. Spring 2008 degrees will be officially conferred on May 26th, 2008. Diplomas and official transcripts that display spring awards will become available approximately the third week of July, 2008"
Is this enough to apply for H1 in Master's Quota? if not what is the right way to apply and get H1 safely. I am planning to apply H1 with Bachelors even to be on safe side but we all know the chance of getting H1 with Bachelors is very less.
Please help me what to do with this situation and having letter from the university.
I am in tough situation. Hope you can help me. I applied and got OPT card on DEC-2007. I thought I can complete my MASTER's by that time but one of my proff gave me D grade and according to University rules, I cannot graduate if I have D grade in Graduating Semester(Even though I have 3.09 GPA including that subject). Right now I enrolled in an online course and I will graduating in MAY2008, at the same time I am in Consultancy who are applying for my H1. They don't have any idea about my Case and are really confused when I gave the Graduation status letter that was issued by our University.
This is the matter that I have in my Graduate Status letter.
"This is to verify that harish is graduate student in good standing, currently working on Master of Science degree with a major in Electrical Engineering. He has successfully completed 30 of the 33 required hours of enrollment on his graduate plan of study, and is currently enrolled in the remaining three hours. He has passed his exit examination, and has submitted his application for the degree for the spring semester of 2008. Provided that he successfully completes his final enrollment, he would be awarded his degree. Spring 2008 degrees will be officially conferred on May 26th, 2008. Diplomas and official transcripts that display spring awards will become available approximately the third week of July, 2008"
Is this enough to apply for H1 in Master's Quota? if not what is the right way to apply and get H1 safely. I am planning to apply H1 with Bachelors even to be on safe side but we all know the chance of getting H1 with Bachelors is very less.
Please help me what to do with this situation and having letter from the university.
more...
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ilikekilo
02-07 09:15 AM
I dont know of any insurance companies that cover pre-existing conditions..the older one is more the more expensive insurance is and not to mention pre existing conditions and all toehr terms and conditions jargon........ so be very careful... and good luck with your situation...
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bbct
02-18 10:51 AM
I am not sure, if this is true. I knew couple of people got H1 approved and never start working. They remained only in status H4.
So check with attorney.
This is not true. We are a case study for this scenario. We were not able file to our I-485 because my wife was out-of-status by not working on H1B. Our attorney advised to go out of the country and come back on H4 so we can file our I-485. If you have received H1-B approval with I-94 attached to it, it means your COS was requested by the employer and your new status is H1B and not H4. Even if you have unexpired H4 visa stamp in your passport it becomes invalid. You will get a new visa when you go for stamping.
So check with attorney.
This is not true. We are a case study for this scenario. We were not able file to our I-485 because my wife was out-of-status by not working on H1B. Our attorney advised to go out of the country and come back on H4 so we can file our I-485. If you have received H1-B approval with I-94 attached to it, it means your COS was requested by the employer and your new status is H1B and not H4. Even if you have unexpired H4 visa stamp in your passport it becomes invalid. You will get a new visa when you go for stamping.
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rpk83
05-10 10:11 PM
I will be applying for Employment Based green card (EB 1) as I am a multinational Manger . Would also like to include my spouse in the process. He is currently entering the US in July on F1 Visa to enroll into full time masters for 2 years My employer can file for a green card anytime
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
HawaldarNaik
12-17 04:42 PM
Also after the Visa Bullietin, India beat England with some great cricket in the last two days and Pakistan continues to ask for evidence in the Mumbai Blasts.....(sic) .......let me know if u need more updates....cause u seem to have missed quiet a lot....
fromnaija
07-26 03:38 AM
Once you get a receipt notice you could send the correct marriage certificate with a letter explaining the mistake. It will probably lead to a RFE and not a rejection.
Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
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