vikramy
07-10 02:14 PM
This is a client. My company gave a letter from immigration department saying EAD is a valid document to work. But their security team is just adamant saying they need valid visa & I94. So What helps me is some thing that says EAD is valid for legal employment or it is not legal to descriminate based on the status.
I even have valid drivers licence etc. still they don't see it as valid.
I 9 form does have i 766 as valid entry.
I even have valid drivers licence etc. still they don't see it as valid.
I 9 form does have i 766 as valid entry.
alterego
05-28 09:49 AM
As a quadruple renewer, let me share with you that the date on the EAD is from the point at which it is approved. You lose some time each year. Between myself and my wife we have had 8 and it has been the same each time.
sukhwinderd
09-14 04:21 PM
Hi All,
I think a lof people have the LUD is 08/05/07 for 140 filed in TSC..and everyone takes their guesses. Please post if u r LUD for 140 is 08/05/2007 ;
what are you trying to get at ? or analyze?
what matters is when you filed.
I think a lof people have the LUD is 08/05/07 for 140 filed in TSC..and everyone takes their guesses. Please post if u r LUD for 140 is 08/05/2007 ;
what are you trying to get at ? or analyze?
what matters is when you filed.
saileshdude
04-16 11:23 AM
Hi RareRFe,
Can you post a scanned copy of your RFE here. You can take out all the personal info.
Can you post a scanned copy of your RFE here. You can take out all the personal info.
more...
GCNirvana007
08-22 06:47 AM
Anyone still waiting for approval whose PD is within October 2003 EB2?
actionAction
07-07 01:35 PM
I don't remember the exact implementation, but you have to read it into a structure and type cast to a char pointer (if I am not mistaken).
more...
redgreen
05-10 11:40 AM
We are expecting some surprises in the July Bulletin. Remember July 2007 fiasco. This year also there are some situations like CIR as before. What about the expected spillover? However, can we expect positive surprises?
Let us start the prediction, analysis, etc, game for the July Bulletin.
Let us start the prediction, analysis, etc, game for the July Bulletin.
msp1976
05-19 04:34 PM
Any thoughs folks???
more...
stucklabor
03-16 12:09 PM
Is filing for 485 to get EAD etc really fraud? I mean it is their JOB to weed out the priority dates that are not current :). Besides if anyone is at fault it is the immigration lawyers.
Eb3_nepa, read my post closely; read the report as well, and then post again.
I said frivolous filing of I485, nothing to do with priority date not being current. If the priority date is not current then you are not going to get EAD. Let me give you an example. You could make up a job description that got through labor cert, but for which you don't have the qualifications for. You can concurrent file I140/I485 and get EAD even though your application has no chance of passing. If your lawyer is OK with it - after all, why do they care as long as they get the fee - you have just wasted USCIS' time.
Eb3_nepa, read my post closely; read the report as well, and then post again.
I said frivolous filing of I485, nothing to do with priority date not being current. If the priority date is not current then you are not going to get EAD. Let me give you an example. You could make up a job description that got through labor cert, but for which you don't have the qualifications for. You can concurrent file I140/I485 and get EAD even though your application has no chance of passing. If your lawyer is OK with it - after all, why do they care as long as they get the fee - you have just wasted USCIS' time.
EndlessWait
06-29 12:07 PM
what is mandatory?.....what happens if a person has to move 6 months after they file I-485.....aint they going to change their address??.....can we use AR-11 to do that?....there is no way I can wait for 4 years at my current place to get my green card in hand.....would appreciate any suggestions
dude..what is so difficult about understanding this..ur stressing urself out too much... just keep using ar-11 everytime u change address..
dude..what is so difficult about understanding this..ur stressing urself out too much... just keep using ar-11 everytime u change address..
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a_yaja
08-07 06:19 PM
From the information that you have provided, I can tell you that their argument does not hold any water. The same can be said of H1B as well. If they are tracking expiration of H1B, they certainly can do the same for EAD.
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
desi3933
02-23 03:23 PM
If you work for sponsoring employer, your H1B is still valid, eventhough you enter with AP.
This is grey area and the interpretation can change any time. Please note that entering on AP is not same as entering with visa stamp.
_________________
Not a legal advice
This is grey area and the interpretation can change any time. Please note that entering on AP is not same as entering with visa stamp.
_________________
Not a legal advice
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jthomas
07-05 05:52 PM
Most of the active members would have done their calls to lawmakers and the list of provided. What's next. Can somebody keep it moving.
sagittarian
12-18 06:24 PM
. hope this helps.
You bet! Thanks a lot.
You bet! Thanks a lot.
more...
gcnirvana
06-22 12:12 PM
If you have MS Office Document Image Writer installed in your system then after editing ur PDF, you can print it to MDI and it will save it as an .mdi format. You can take a print out of it later at your convenience. Only issue is, it saves it as an image and you cannot edit an .mdi doc :o
Dude. Filling up forms is not a one time job and not 100% accurate the first time. U will make changes right???
Dude. Filling up forms is not a one time job and not 100% accurate the first time. U will make changes right???
itsmesabby
08-27 01:16 PM
Even I have moved a bit in the past and hence provided one address of a family member for all GC related communication.
A lot of times people have multiple properties that they rent out in one state and they themselves work and live in a seperate state. So you would be fine, else you would have to update your address every 4 months and will have to make sure by calling etc that the address was updated in time.
A lot of times people have multiple properties that they rent out in one state and they themselves work and live in a seperate state. So you would be fine, else you would have to update your address every 4 months and will have to make sure by calling etc that the address was updated in time.
more...
japs19
02-20 01:13 PM
Q:1. First and foremost - can I change my job as I am entering the 6th year of H1?
A: I recently changed my job and I am in 6th year of my H-1. Two options you have at this stage. 1 (smartest): When the lawyer of new company applies for H-1 transfer, also apply for 3 years ext as you have 140 approved. My lawyer did and INS was kind enough to approve both(transfer & ext). 2: Have the employer agree to the fact that they will start GC process right away without any catches. Once that starts in 2-3 months you will have LC and 140 approved and then you can apply for H-1 ext.
I suggest option 1 is the best and works for almost everyone.
2. Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?
Yes. You have to apply LC. There are no timeframe limitations on INS side. The only limitation you may find or want to find now is if your new employer has any. Many employers has internal law that once hired, they wait till 1 year before processing GC. Usually the budget is an issue. In that case, here's what you propose. "I will pay all GC related fees out of pocket, and when I finish 1 year (hoping you have approved h-1 ext) of employment, reimburse me".
3. Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.
If you have smart lawyer, there should not be any issue.
Good luck ....:)
A: I recently changed my job and I am in 6th year of my H-1. Two options you have at this stage. 1 (smartest): When the lawyer of new company applies for H-1 transfer, also apply for 3 years ext as you have 140 approved. My lawyer did and INS was kind enough to approve both(transfer & ext). 2: Have the employer agree to the fact that they will start GC process right away without any catches. Once that starts in 2-3 months you will have LC and 140 approved and then you can apply for H-1 ext.
I suggest option 1 is the best and works for almost everyone.
2. Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?
Yes. You have to apply LC. There are no timeframe limitations on INS side. The only limitation you may find or want to find now is if your new employer has any. Many employers has internal law that once hired, they wait till 1 year before processing GC. Usually the budget is an issue. In that case, here's what you propose. "I will pay all GC related fees out of pocket, and when I finish 1 year (hoping you have approved h-1 ext) of employment, reimburse me".
3. Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.
If you have smart lawyer, there should not be any issue.
Good luck ....:)
nashim
08-11 11:23 AM
same here, dec 04
YesWeWillGet
09-13 06:45 AM
I'll be graduating from med school next year. Per student counsel/student affair office, my seniors are qualified med professionals and are eligible for eb2 category.
Does immi law allow a person to file H-1B when he/she is a derivative 485 applicant / AOS pending status?
Just trying to explore the possibilities to apply 485 under EB2 category and my current status is 485 EB3 AOS, primary applicant is my spouse. I would really appreciate the valuable suggestions and thoughts.
Thanks,
Does immi law allow a person to file H-1B when he/she is a derivative 485 applicant / AOS pending status?
Just trying to explore the possibilities to apply 485 under EB2 category and my current status is 485 EB3 AOS, primary applicant is my spouse. I would really appreciate the valuable suggestions and thoughts.
Thanks,
desi3933
07-09 08:06 AM
LCA at 485 level should not be considered and that could be the reason u never heard of one .....
There was one case where in appeal his claim for AC-21 was upheld, but his job location was different from LCA location, so he was termed out of status on H1 and since his out of status > 180 days, his I-485 was denied.
This happened in early 2007.
______________________
Not a legal advice
There was one case where in appeal his claim for AC-21 was upheld, but his job location was different from LCA location, so he was termed out of status on H1 and since his out of status > 180 days, his I-485 was denied.
This happened in early 2007.
______________________
Not a legal advice
alien2006
07-21 02:56 PM
Isn't Murthy in the DC Area?