sircaustic
10-18 10:43 PM
I applied on 7/26 for seventh year H1-B renewal and extension of stay. I concurrently filed I-539 for Extension of Stay for family. Six years of H-1 and related I-94 expired on 10/8 and since then I have been working under the 240 day grace period rule.
Here are some other facts:
- I have an approved I-140 filed and approved back in 2007
-I-485 was filed during the 2007 July-August wave
-I do have an EAD valid until November 2011 but I have never used it. I have always maintained my H-1 status.
-My wife also has an EAD that expires end of this week. I-765 Application to renew her EAD was filed more than 75 days ago for which we requested an expedite request. She has never worked before although her first EAD was approved three years ago.
My questions:
1. What happens if USCIS denies my employer's petition for H-1b extension? Will I be out of status immediately after? Does having an EAD provide me any insulation?
2. What about other people here those who are working on EAD? How are they maintaining their status? Are they required to file extension of stay application?
3. Do you think approval of my wife's EAD renewal is tied to the pending I-539?
4. What about my children? In the event my application for H-1 renewal is denied, will they be out of status immediately after? Are there any steps I can take to ensure this does not happen
Sorry for too many questions and thank you in advance to those who will respond.
Here are some other facts:
- I have an approved I-140 filed and approved back in 2007
-I-485 was filed during the 2007 July-August wave
-I do have an EAD valid until November 2011 but I have never used it. I have always maintained my H-1 status.
-My wife also has an EAD that expires end of this week. I-765 Application to renew her EAD was filed more than 75 days ago for which we requested an expedite request. She has never worked before although her first EAD was approved three years ago.
My questions:
1. What happens if USCIS denies my employer's petition for H-1b extension? Will I be out of status immediately after? Does having an EAD provide me any insulation?
2. What about other people here those who are working on EAD? How are they maintaining their status? Are they required to file extension of stay application?
3. Do you think approval of my wife's EAD renewal is tied to the pending I-539?
4. What about my children? In the event my application for H-1 renewal is denied, will they be out of status immediately after? Are there any steps I can take to ensure this does not happen
Sorry for too many questions and thank you in advance to those who will respond.
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mdmd10
07-24 02:16 PM
This date is very important and you do not want to enter the wrong date.
I-94 dates are available on the I-797 reciept as well as if one enters the country via air. The latest I-94 that the applicant gets is the one that is valid.
For example, you applied for H1 and got an approved I-797 reciept. Then you went to India and got your visa stamped in your passport and you then came back to the US, and at the port of Entry you filled up a New I-94 form (white card). Then this white card takes precedence over your I-797 notice, since this was the last one obtained. Legally you are permitted to stay in the country till the expiry dateon this white I-94 card.
The later assume if you went in for your H1B extension and then recieved a new I-797 approval with a I-94 stub attached at the bottom (green I-94). Then since this green stub is the latest I-94 you have recieved , you are permitted to stay in the country legally till the expiry date on the green stub.
In case this is just your first I-94, and you haven't gone out of the country yet for any stamping of the visa on your passport, then the green stub I-94 on your I-797 is the one you ought to be referring to.
But once again, please consult your lawyer about this, as there can be various interpratations and you must understand all aspects of it.
I-94 dates are available on the I-797 reciept as well as if one enters the country via air. The latest I-94 that the applicant gets is the one that is valid.
For example, you applied for H1 and got an approved I-797 reciept. Then you went to India and got your visa stamped in your passport and you then came back to the US, and at the port of Entry you filled up a New I-94 form (white card). Then this white card takes precedence over your I-797 notice, since this was the last one obtained. Legally you are permitted to stay in the country till the expiry dateon this white I-94 card.
The later assume if you went in for your H1B extension and then recieved a new I-797 approval with a I-94 stub attached at the bottom (green I-94). Then since this green stub is the latest I-94 you have recieved , you are permitted to stay in the country legally till the expiry date on the green stub.
In case this is just your first I-94, and you haven't gone out of the country yet for any stamping of the visa on your passport, then the green stub I-94 on your I-797 is the one you ought to be referring to.
But once again, please consult your lawyer about this, as there can be various interpratations and you must understand all aspects of it.
smarth
05-04 12:45 PM
Hi,
I am working in company 'A' on H1B, Green card is processing from company 'B' as future employee. Got EAD.
The job is getting over from Company 'A'.
Can I use my EAD and can stay in US with out working to any company?
Will there be any issues if TAX is not paid when I am not working.
If i work part time then on do I need to work for company 'B' only?
Thanks
I am working in company 'A' on H1B, Green card is processing from company 'B' as future employee. Got EAD.
The job is getting over from Company 'A'.
Can I use my EAD and can stay in US with out working to any company?
Will there be any issues if TAX is not paid when I am not working.
If i work part time then on do I need to work for company 'B' only?
Thanks
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pmandappa
10-25 11:22 AM
Not sure if I will make the category, but feel that I should consult with a good immigration attorney and explore the option. Who knows? I wish there was a category for people who were doing the work that directly improved the lot of the American people. Not-for-profit is not lucrative nor glamorous, so there should be some incentives :)
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gparr
January 3rd, 2005, 04:18 PM
Since we're playing with Freddy's photo and my other option is work, I did some basic processing to bring out what's already there.
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Gary
number30
06-29 03:51 PM
I am currently using my EAD and working for a company remotely from my house. I also have a Permanent Resident Status in Canada. I can work remotely from Canada and my company will not have any objections to it.
Since I am on 485/EAD can I work for a US company and be on their pay roll and live in Canada? What are the ramifications?
Please advise!
Once you are not in US It does not matter. But as for as EAD or H1 It does not matter. Same rules apply as any other country. You have to present in US to apply and get approval for AP.
Taxes issues may be different.
Since I am on 485/EAD can I work for a US company and be on their pay roll and live in Canada? What are the ramifications?
Please advise!
Once you are not in US It does not matter. But as for as EAD or H1 It does not matter. Same rules apply as any other country. You have to present in US to apply and get approval for AP.
Taxes issues may be different.
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svr_76
06-04 04:17 PM
How to interpret this inventory doc? I am from india (EB3 PD Sep-2003) Should I sumup all the count prior to my PD to get the total number of cases before me (PD wise)?
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milinshah
05-21 02:56 PM
I am having the same issue. Doesnt look like its been fixed yet.
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denver
07-25 03:29 PM
thanks for all your reply.
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vnsriv
10-03 03:42 PM
lets do this. been a while.
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What's need of creating such kind of thread . It is just wastage of time.:mad:
let the brickbats rain from those who want me to go to vatica and eat thali :D
What's need of creating such kind of thread . It is just wastage of time.:mad:
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JunRN
08-28 08:45 AM
They do random inspection on applications. Some people who have no work permit are being inspected if they are working illegally and some are found to be.....even if they do not accept pay or just saying they are volunteers.....
I guess you're being inspected. If you're not working without a work permit, you should be ok.
I guess you're being inspected. If you're not working without a work permit, you should be ok.
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javadeveloper
07-26 05:08 PM
I guess you should wait for reciept # , it may take upto 6 weeks,once you get reciept# you can apply for EAD/AP on your own.
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uma001
07-09 10:58 AM
Hi,
My wife got her H1B in Oct 2008. But could not work until date.
We want to get her H1B transferred back to H4. There are NO pay stubs for her.
I am on H1B with job. And I have my pay stubs.
Will there be any problem in her H1B to H4 transfer without her pay stubs ?
Thank you.
Dont worry pokiri, just apply for trasnfer thru lawyer. My friend recently did it for his wife. She got H1 to H4 in 2 months without any RFEs. She did not work after she got her H1 in 2007 April and she don't have pay stubs.
My wife got her H1B in Oct 2008. But could not work until date.
We want to get her H1B transferred back to H4. There are NO pay stubs for her.
I am on H1B with job. And I have my pay stubs.
Will there be any problem in her H1B to H4 transfer without her pay stubs ?
Thank you.
Dont worry pokiri, just apply for trasnfer thru lawyer. My friend recently did it for his wife. She got H1 to H4 in 2 months without any RFEs. She did not work after she got her H1 in 2007 April and she don't have pay stubs.
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gcadream
02-25 08:04 AM
Few friends of my whose PD were in 2003 had got their GC no matter the current opening is for Jul2001, since you have already applied for ur I-485, I think it would be better for you to wait & watch for some more time and join company B on EAD with contract to hire position.
Or else you can start ur EB2 processing also through Company B and then later I think there is a way to make us of PD of EB3 when filling for ur I485.
Or else you can start ur EB2 processing also through Company B and then later I think there is a way to make us of PD of EB3 when filling for ur I485.
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Ectheo
04-01 11:37 AM
I am not endorsing our relationship!
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05-18 11:53 AM
What percentage of polymethyl-metacrylate (PMMA) derivative is added in Acrylic?
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eb3retro
09-08 12:45 AM
Hello Friends :
I recd. an email from my attorney this evening stating that "We have mailed you the FOIA request for your and your spouse's signature."
This doesnt make any sense to me, as to what does FOIA mean to start with. So I emailed them back asking, what does it mean and is it something to do like RFE towards my AOS papers filed on 2nd July,2007 (no checks cashed yet, no info in system yet).
My Attorney replied back stating that - "We have filed for full copies of your petitions to be sent to us. The FOIA will allow us to obtain a copy to check the integrity of the filing for our records. Looks like, it will be several years before these I-485 petitions are actually reviewed by the Service unless we see a change in the law. ."
What does this all mean? I am so confused....
Pls. advise me. Thanks a lot
nkavjs
FOIA - means - Freedom of Information Act, Just google it..
I recd. an email from my attorney this evening stating that "We have mailed you the FOIA request for your and your spouse's signature."
This doesnt make any sense to me, as to what does FOIA mean to start with. So I emailed them back asking, what does it mean and is it something to do like RFE towards my AOS papers filed on 2nd July,2007 (no checks cashed yet, no info in system yet).
My Attorney replied back stating that - "We have filed for full copies of your petitions to be sent to us. The FOIA will allow us to obtain a copy to check the integrity of the filing for our records. Looks like, it will be several years before these I-485 petitions are actually reviewed by the Service unless we see a change in the law. ."
What does this all mean? I am so confused....
Pls. advise me. Thanks a lot
nkavjs
FOIA - means - Freedom of Information Act, Just google it..
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admin
04-07 03:30 PM
wanna_immigrate,
Your post from yesterday was denigrating a certain set of people. A number of our users also complained about that post.
Please do understand that we do not want to have any post that offend other people. Otherwise the lawmaker's staff and the media folks who visit our forums, will assume that our organization and members stand for such a stance.
So as per our posting guidelines shown at the top, we were forced to delete it.
Your post from yesterday was denigrating a certain set of people. A number of our users also complained about that post.
Please do understand that we do not want to have any post that offend other people. Otherwise the lawmaker's staff and the media folks who visit our forums, will assume that our organization and members stand for such a stance.
So as per our posting guidelines shown at the top, we were forced to delete it.
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eilsoe
10-09 08:02 AM
:beam:
rajmirk
07-20 01:00 PM
Rule 1: Life is not fair -- get used to it!
- From Bill Gates' 11 Rules of Life
I wouldn't say Gates is a loser, but whoever really believes this is one.
- From Bill Gates' 11 Rules of Life
I wouldn't say Gates is a loser, but whoever really believes this is one.
jsb
10-29 04:06 PM
Can somebody please advice.? Thanks
I, a July 2 filer, got receipts last week. EADs came on the weekend. No APs yet. Seems like USCIS is still very much backlogged. Taking infopass etc is unlikely to help much. Best is jus wait for another 2-3 weeks. Best of luck...
I, a July 2 filer, got receipts last week. EADs came on the weekend. No APs yet. Seems like USCIS is still very much backlogged. Taking infopass etc is unlikely to help much. Best is jus wait for another 2-3 weeks. Best of luck...
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