neerajkandhari
05-23 09:19 PM
I am wondering how anybody can employ her without SSN
you can apply for SSN with ead card and approval notice
you can apply for SSN with ead card and approval notice
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reddy_h
09-04 03:18 PM
Some had mentioned in immigration forums that you might be grilled with questions during naturalization process if you had changed employer as soon as you got your GC.If you are not planning for naturalization I assume you are fine.
A 6 month stay with current employer after GC is advised for a smooth naturalization process in future.But this is dark area as there are no posts from GC turned citizens about their experiences.
Thats not exactly true in the context of this thread. You have to work for your GC sponsorer for some period of time before changing employer. Pooch was mentioning his/her GC sponsorer is future employer. So after the GC is approved, he/she has to work for that GC sponsorer not the current employer.
A 6 month stay with current employer after GC is advised for a smooth naturalization process in future.But this is dark area as there are no posts from GC turned citizens about their experiences.
Thats not exactly true in the context of this thread. You have to work for your GC sponsorer for some period of time before changing employer. Pooch was mentioning his/her GC sponsorer is future employer. So after the GC is approved, he/she has to work for that GC sponsorer not the current employer.
krishna_brc
02-02 04:49 PM
I have received my green card 5 months ago and still working for the same GC filing employer(a consulting company). My wife had an RFE on her GC, since she could not take MMR at 2007 fiasco time. We have recently replied with the evidence. Now my project is getting over at the client site in next couple of weeks. I am sure that I can lose my job at consulting company also.
My question is, what happens to wife's GC? What if there is another RFE and how can I reply it?
Please let me know my options.
BTW - change your user id to GC_EB2_Received
!!!!! Just Kidding.
My question is, what happens to wife's GC? What if there is another RFE and how can I reply it?
Please let me know my options.
BTW - change your user id to GC_EB2_Received
!!!!! Just Kidding.
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txh1b
08-19 02:07 PM
Fedex is fine. Proof that USCIS got the application is enough to use H1b portability provided you were in valid status and were getting paid.
more...
indianabacklog
02-26 09:57 PM
Hello,This is my first time here.
I am graduated F-1 students and now working in my OPT period
OPT valid 4/1/2008-3/31/2009.
I am gonna send application for H-1b on 4/1/2009.
If H-1b approved in April or May 2009.
My Questions are:
Can i work and stay in US during 4/1/2009-5/31 ?
( what is my status,OPT expired on 3/31/2009,H-1B not approved)
Can i work and stay in US druing 6/1/2009-10/1/2009
(What is my status?)
Thank you !
You cannot work beyond the last day of your OPT work authorization.
You say you are going to apply for an H1. This can only be done by an employer who has already fulfilled a labor conditions application on your behalf.
Once your OPT finishes you cannot just stay in the US to wait and see what happens. You will need to leave and if your visa application is approved you can get a visa stamp at your local US consulate and enter the US again within two weeks of your first date of employment which cannot be before October 1st 2009.
I am graduated F-1 students and now working in my OPT period
OPT valid 4/1/2008-3/31/2009.
I am gonna send application for H-1b on 4/1/2009.
If H-1b approved in April or May 2009.
My Questions are:
Can i work and stay in US during 4/1/2009-5/31 ?
( what is my status,OPT expired on 3/31/2009,H-1B not approved)
Can i work and stay in US druing 6/1/2009-10/1/2009
(What is my status?)
Thank you !
You cannot work beyond the last day of your OPT work authorization.
You say you are going to apply for an H1. This can only be done by an employer who has already fulfilled a labor conditions application on your behalf.
Once your OPT finishes you cannot just stay in the US to wait and see what happens. You will need to leave and if your visa application is approved you can get a visa stamp at your local US consulate and enter the US again within two weeks of your first date of employment which cannot be before October 1st 2009.
hibworker
01-26 01:41 PM
I am in H1b and my wife is a F1 student. Both of us are chinese.
My company will apply the Green Card for me this year. As I know, my wife can be dependent on my application.
My wife always go back to china every summary or winter vocation. She need to re-apply her F1 visa every year as a student from china.
My concern stems from my wife's F1 status. We are wondering whether the immigrant petition will conflict with her F1's non-immigrant intention (unlike H1B which is accepted as a transient from non-immigrant to immigrant).
Will this conflict have a huge affection on her F1 visa application in china?
As a dependent your wife will have to join your petition at I485 stage - at that point she will not be able to get F1 as she would have shown immigrant intent.
Prior to that, it will depend on how visa officer treats your pending GC app in relation to her F1. I have applied for I-485 but my wife hasn't and she recently got her F1 stamped in New Delhi without any issues.
My company will apply the Green Card for me this year. As I know, my wife can be dependent on my application.
My wife always go back to china every summary or winter vocation. She need to re-apply her F1 visa every year as a student from china.
My concern stems from my wife's F1 status. We are wondering whether the immigrant petition will conflict with her F1's non-immigrant intention (unlike H1B which is accepted as a transient from non-immigrant to immigrant).
Will this conflict have a huge affection on her F1 visa application in china?
As a dependent your wife will have to join your petition at I485 stage - at that point she will not be able to get F1 as she would have shown immigrant intent.
Prior to that, it will depend on how visa officer treats your pending GC app in relation to her F1. I have applied for I-485 but my wife hasn't and she recently got her F1 stamped in New Delhi without any issues.
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mukeshmjoshi
09-16 10:48 AM
Keep faith in yourself and the Lord, some day it will happen for sure.
Prayatna (Try): We already did apply
Pratiksha(Waiting): We are already doing it.
and
Prarthna(Prayer): If not doing, try it. It works for all.
Prayatna (Try): We already did apply
Pratiksha(Waiting): We are already doing it.
and
Prarthna(Prayer): If not doing, try it. It works for all.
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shimul99
09-21 03:32 PM
I�m confused about using the EAD. Someone please clarify me�.
I already received the EAD for me and my wife. Currently, I�m in the H1b which is expiring on Sep 2008 (6 years are over). My questions are?
�Can I be in H1b and still work another job as a part-time?
�If my wife wants to work using her EAD does it have any effect on her h4 status?
�If my wife loose her job during the use of her EAD what will be her status?
�I applied my I485 in July 2, 2007. As I already received my EAD, can I be unemployed after 180 days and start a business by myself?
�I know after receiving the AP I visit any their country. What will be my status after I come back? Still H1b or anything else?
It will be very much appreciated if some can answer my questions?
Thanks ahead
I already received the EAD for me and my wife. Currently, I�m in the H1b which is expiring on Sep 2008 (6 years are over). My questions are?
�Can I be in H1b and still work another job as a part-time?
�If my wife wants to work using her EAD does it have any effect on her h4 status?
�If my wife loose her job during the use of her EAD what will be her status?
�I applied my I485 in July 2, 2007. As I already received my EAD, can I be unemployed after 180 days and start a business by myself?
�I know after receiving the AP I visit any their country. What will be my status after I come back? Still H1b or anything else?
It will be very much appreciated if some can answer my questions?
Thanks ahead
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srinivas_meena_vinu
07-18 11:15 AM
Hi,
I am a B.COM and AICWA. I have also completed CA-Inter. I have totally 12 years of experience out of which 7 years in IT and 5 years Non-IT. I am currently working as Program Manager. My Labour is approved. My company is trying to get a evaluation done.
Would there be any issues when concurrently filing for I-140 and I-1485 with regard to the Education Evaluation.
I am a B.COM and AICWA. I have also completed CA-Inter. I have totally 12 years of experience out of which 7 years in IT and 5 years Non-IT. I am currently working as Program Manager. My Labour is approved. My company is trying to get a evaluation done.
Would there be any issues when concurrently filing for I-140 and I-1485 with regard to the Education Evaluation.
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rockstart
10-13 08:42 AM
You need to consider all possiblities
1) Best case scenario: Your H1 gets approved before Oct in that case no need to do anything
2) H1 does not get approved by Oct 31 & No h4 applied then I am not sure if you are in status or not
3) If you apply for H4 and then you have H1 approval and subsequently H4 approval. In that case least you are in status but you will have to go out of country and get H1 stamped to remain on H1 status.
I would recommend option 3 as that is safest option though it involves money and stamping hassale it is worth it.
1) Best case scenario: Your H1 gets approved before Oct in that case no need to do anything
2) H1 does not get approved by Oct 31 & No h4 applied then I am not sure if you are in status or not
3) If you apply for H4 and then you have H1 approval and subsequently H4 approval. In that case least you are in status but you will have to go out of country and get H1 stamped to remain on H1 status.
I would recommend option 3 as that is safest option though it involves money and stamping hassale it is worth it.
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raysaikat
11-13 09:55 AM
I am working as a biomedical research fellow on a J1 visa for the last 3 years in a non-profit research institute but they cannot sponsor my H1B. I am planning to get a J1 waiver and apply for H1B as I plan to work in the private industry. I am not sure whether I can apply for H1B without an employment offer? I would appreciate any suggestions.
You can never apply for H1-B. Your employer has to petition H1-B on your behalf. So obviously you need to find an employer first with an opening (i.e., you need to find a job first).
You can never apply for H1-B. Your employer has to petition H1-B on your behalf. So obviously you need to find an employer first with an opening (i.e., you need to find a job first).
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Ahjeet
12-03 06:03 PM
Hi, your experience with visa rules will help me make a better decision. Here's my situation,
H1b visa on passport expired on Apr/2009. Have approval until Apr/2010. Applied for 3 year extn in Nov/2009 under PP.
An RFE is raised against the H1b extn (which was applied in Nov/2009). I have vacation planned starting 14Dec/2009; with just 3-4 months left on approved H1b papers, is it advisable to travel to India and do the stamping in HYD? Or am I risking my return to US?
Please advice, and thank you. - Ahjeet.
H1b visa on passport expired on Apr/2009. Have approval until Apr/2010. Applied for 3 year extn in Nov/2009 under PP.
An RFE is raised against the H1b extn (which was applied in Nov/2009). I have vacation planned starting 14Dec/2009; with just 3-4 months left on approved H1b papers, is it advisable to travel to India and do the stamping in HYD? Or am I risking my return to US?
Please advice, and thank you. - Ahjeet.
more...
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diptam
07-17 10:15 PM
Once your GC gets approved , thenit may be difficult for your wife to file
Hi, I am in same boat as you. I tried to find infomation & reality is 485 for future spouse can be filed only if the PD becomes current.
Hi, I am in same boat as you. I tried to find infomation & reality is 485 for future spouse can be filed only if the PD becomes current.
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kaisersose
07-17 09:35 PM
Your lawyer is correct and so you are fine. There is no requirement that 140 has to be complete to apply for 485 even in substitution cases. People just choose to do it that way as substitution is slightly risky.
However, as long as you have a solid case, there is nothing to worry.
However, as long as you have a solid case, there is nothing to worry.
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howzatt
08-08 11:56 AM
comeon..So now why we are going to try to make some deductions based on self-filing and lawyer-based applications?
Please stop this. Please do your best to reduce clutter on the site.
Also, shameless bump
Please stop this. Please do your best to reduce clutter on the site.
Also, shameless bump
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nain
03-27 04:46 PM
I am on H4 visa and my husband is on H1 visa. My husband is working in N.Y. city as a programmer analyst.
I am pregnant by 5 months. I have following questions :-
- Can I apply for Medicare benefits. By applying Medicare benefits I will get free milk,baby food and medical treatments.
- By applying Medicare does it affects my husband green card process or in future citizenship.
Thanks for your time and efforts to answer my questions.
I am pregnant by 5 months. I have following questions :-
- Can I apply for Medicare benefits. By applying Medicare benefits I will get free milk,baby food and medical treatments.
- By applying Medicare does it affects my husband green card process or in future citizenship.
Thanks for your time and efforts to answer my questions.
more...
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nitrips
04-26 04:41 PM
I was in a similar situation, I took my wife's GC with me when I went to India and she travelled back on GC instead of AP, no issues at the Immigration's.
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suttu
01-14 01:18 PM
There have been cases reported in past on this forum where the PERM approval was lost in mail.
You should ask your employer to download the PERM approval from DOL ETA website, which should be completed and signed by both you and your employer (similar to the PERM paper approval that you did not receive).
Your lawyer should submit this form with I-140 and also request USCIS to obtain a duplicate copy of PERM approval from DOL. This may help.
Are you porting to EB2?
Yes i was hoping to port to EB2.
The issue is that the lawyer says that they will follow this process of dowloading the cert and request USCIS to get a dupe, but hey say they cannot do this under premium processing and will have to file under regular I140. this adds 6 months to the process and effectively eliminates any advantage since i hope to get my EB3 485 current by that time.
You should ask your employer to download the PERM approval from DOL ETA website, which should be completed and signed by both you and your employer (similar to the PERM paper approval that you did not receive).
Your lawyer should submit this form with I-140 and also request USCIS to obtain a duplicate copy of PERM approval from DOL. This may help.
Are you porting to EB2?
Yes i was hoping to port to EB2.
The issue is that the lawyer says that they will follow this process of dowloading the cert and request USCIS to get a dupe, but hey say they cannot do this under premium processing and will have to file under regular I140. this adds 6 months to the process and effectively eliminates any advantage since i hope to get my EB3 485 current by that time.
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waiting_4_gc
08-25 01:15 PM
No need to file 2nd I-485.
Just update your existing I-485 with 2nd I-140 and claim earlier PD. You can claim PD with EB2.
Your lawyer should be able to do that.
_________________________
Not a legal advise.
Thanks for your response.
I forgot to mention this, client company got acquired by another company. And I have first company name on approved I-140 (EB2).
Do i have to file successor-in-interest before i update my existing i-485 with I-140 (EB2)?
Thanks
Just update your existing I-485 with 2nd I-140 and claim earlier PD. You can claim PD with EB2.
Your lawyer should be able to do that.
_________________________
Not a legal advise.
Thanks for your response.
I forgot to mention this, client company got acquired by another company. And I have first company name on approved I-140 (EB2).
Do i have to file successor-in-interest before i update my existing i-485 with I-140 (EB2)?
Thanks
kevnss
04-01 12:16 PM
I have posted this message in other threads couple of times but no reply so trying to create a new thread so it can be reviewed. Sorry.
I have one question though which I have already posted but didn't see any response. It would be nice if someone can clarify my doubt..
I have one question with regards to changing employer. My I-140 was approved long ago (in 2005) under EB3 and was filed for AOS during July 2007. But now we re-filed labor under EB2 got approved and refiled I-140 under EB2 category. I-140 under EB2 has been filed recently so I am assuming it will take months to get it approved. Now I am thinking of switching to new employer so what are my chances to move to new employer. Sorry am not sure if this message is already posted or not.
I have one question though which I have already posted but didn't see any response. It would be nice if someone can clarify my doubt..
I have one question with regards to changing employer. My I-140 was approved long ago (in 2005) under EB3 and was filed for AOS during July 2007. But now we re-filed labor under EB2 got approved and refiled I-140 under EB2 category. I-140 under EB2 has been filed recently so I am assuming it will take months to get it approved. Now I am thinking of switching to new employer so what are my chances to move to new employer. Sorry am not sure if this message is already posted or not.
Student with no hopes
12-14 08:33 AM
Will the retrogression in Family Based have any consequences for the Employment based immigration?
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