arnet
10-29 12:47 PM
the answer is no if principal applicant still maintains H1B and the person in H4 not using EAD to work.
If prinicipal applicant changes uses EAD then the dependent H4 visa is no longer valid.
It is better to carry all the immigration papers while you travel. you might not know when you will need those. I always suggest that any person while travelling or at POE (port of entry) should have original EAD+AP (if they have or atleast receipt notices), H4 documents,etc. eventhough they need it or not (or using it or not). it is better to have.
I heard BUT NOT SURE ABOUT THE FOLLWOING, PLEASE CHECK WITH YOUR IMMIGRATION ATTRONEY, that if principal applicant is in H1B and if H4 person uses EAD for sometime and then went out of US and came back and at POE uses H4 visa stamping to enter US instead of AP then that person will be in H4 visa (it is not cancelled as the principal applicant is still in H1B) and they can convert again to EAD anytime later. Can anyone have any knowledge/experience about this?
If a person on H4 applies for EAD, does it mean his/her H4 is no longer active. And now, he needs to carry AP while traveling?
Please help...
If prinicipal applicant changes uses EAD then the dependent H4 visa is no longer valid.
It is better to carry all the immigration papers while you travel. you might not know when you will need those. I always suggest that any person while travelling or at POE (port of entry) should have original EAD+AP (if they have or atleast receipt notices), H4 documents,etc. eventhough they need it or not (or using it or not). it is better to have.
I heard BUT NOT SURE ABOUT THE FOLLWOING, PLEASE CHECK WITH YOUR IMMIGRATION ATTRONEY, that if principal applicant is in H1B and if H4 person uses EAD for sometime and then went out of US and came back and at POE uses H4 visa stamping to enter US instead of AP then that person will be in H4 visa (it is not cancelled as the principal applicant is still in H1B) and they can convert again to EAD anytime later. Can anyone have any knowledge/experience about this?
If a person on H4 applies for EAD, does it mean his/her H4 is no longer active. And now, he needs to carry AP while traveling?
Please help...
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sc3
08-14 03:57 PM
What troubles me is the "agreed on paper" part. Clearly, your employer has violated H1 terms by not paying you. DOL is bound to take action against your employer for it. However, H1s are not supposed to work in the kind of agreement you seem to have setup. Given that fact, DOL inquiry will probably affect you too. Talk to a lawyer about your options before going to file a complaint against your employer.
ras
05-24 12:17 PM
EAD to H1 involves a status change that while being perfectly legal was just not envisioned policy wise as being a frequent occurrence.
Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.
The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.
Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..
Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.
Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...
If anyone knows more or can confirm this, that would help...
Thanks!
--Karthik
Do you have a basis that it has to be started from scratch. Why it needs to be started from scratch when there is still time on H1 say about 1.5 years?
I think u need to start afresh a new one only if you are out of country for one year.
Folks, if any one has done this please corraborate
Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.
The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.
Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..
Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.
Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...
If anyone knows more or can confirm this, that would help...
Thanks!
--Karthik
Do you have a basis that it has to be started from scratch. Why it needs to be started from scratch when there is still time on H1 say about 1.5 years?
I think u need to start afresh a new one only if you are out of country for one year.
Folks, if any one has done this please corraborate
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coolpal
04-28 03:37 PM
My wife came from india this sunday (4/26) @ JFK... she is working on EAD and had an expired H1b stamp in her PP.... She was asked about the purpose of the Visit by the IO and also at the AP fingerprinting, and the first IO asked about the expired H1, but she said she is working on EAD and had a valid AP.. he asked her something about how she could prove that she started working on EAD or something like that, but he didn't wait for answer... sent her to AP finger printing.... it all took less than 50 mins. I should say this is waaaaay smoother than the experience we had at EWR in 2006.
pal :)
pal :)
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arunsarun
05-23 11:00 AM
Got it approved for 3 yrs (L1A to H1B)....... still couldnt believe that i won the lottery.
uma001
12-07 03:05 PM
My brother chose to leave USA on his own, after working for 6 years, without applying GC. He was getting 120K here in USA. In India, he joined Oracle Corp and his salary is almost same (about Rs.55Lacs). Indian salaries are becoming excellent these days.
Which position did your brother apply for and which technology?. 55 lakhs is too high for a person who has only 6 years of US experience.
Which position did your brother apply for and which technology?. 55 lakhs is too high for a person who has only 6 years of US experience.
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chennaigc
11-21 04:27 PM
I have one question . What about the I-94 which comes with I-797 ? Can we use this as replacement?
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txh1b
08-16 05:14 PM
1. Depends on the IO. Most of them take you for the interview together unless the legitamacy of your marriage is in question which will not likely be the case for employment based GC unless the marriage was close to the visa bulletin date or similar.
2. You can take any attorney you want to however it is not needed if your case is straight forward. If you have out of stay period , gap in employment and criminal issue, an attorney can just advise you in case the IO asks something that is against the law or you answering the question might prove to have bad consequences. The attorney cannot answer any of the questions asked. Take all documents and not just the ones mentioned in the interview. It would help you for any out of the way questions.
AN attorney is really not needed for many cases unless you have any criminal convictions or borderline legal points to make you eligible for the 485.
2. You can take any attorney you want to however it is not needed if your case is straight forward. If you have out of stay period , gap in employment and criminal issue, an attorney can just advise you in case the IO asks something that is against the law or you answering the question might prove to have bad consequences. The attorney cannot answer any of the questions asked. Take all documents and not just the ones mentioned in the interview. It would help you for any out of the way questions.
AN attorney is really not needed for many cases unless you have any criminal convictions or borderline legal points to make you eligible for the 485.
more...
matreen
01-01 09:48 PM
Filed on July 12, 2007 but got a wrong receipt date on receipt notice which is Aug 17, 2007. My attorney followed and CIS needs proof and we sent FedEx acknowledgement, still waiting no response.
Got AP approved, EAD approved and received cards but no finger prints yet. Called CIS number of times "the only asnwer is wait" but when I called last (Dec 18, 2007) time support rep opened a SR said this SR will start after Jan 18, 2008......
No idea what's going on....here...
Thanks,
M
Got AP approved, EAD approved and received cards but no finger prints yet. Called CIS number of times "the only asnwer is wait" but when I called last (Dec 18, 2007) time support rep opened a SR said this SR will start after Jan 18, 2008......
No idea what's going on....here...
Thanks,
M
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ItIsNotFunny
10-27 03:52 PM
Folks - everyday I go to sleep I wish that tomorrow the sun will rise in the west. When I wake up I see that nothing has changed.
Change is hard - but change definitely brings new hope and prosperity.
With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.
Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.
Lets all be together in turbulent times and work towards the change that we always want to see.
IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.
Hey! What about handsomes like me? Just kidding :). Wish you all Happy Diwali and properous new year.
I Wish God Give me Strength to Fight Legal Immigration Injustice.
When I Asked God for Strength, He Gave Me Difficult Situations to Face - Swami Vivekanad
So, I know god is with me.
Wish all so deserved people Green Card this year.
Change is hard - but change definitely brings new hope and prosperity.
With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.
Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.
Lets all be together in turbulent times and work towards the change that we always want to see.
IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.
Hey! What about handsomes like me? Just kidding :). Wish you all Happy Diwali and properous new year.
I Wish God Give me Strength to Fight Legal Immigration Injustice.
When I Asked God for Strength, He Gave Me Difficult Situations to Face - Swami Vivekanad
So, I know god is with me.
Wish all so deserved people Green Card this year.
more...
bigtiger
06-30 05:33 PM
Hi All,
By reading the AILF pdf:
http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf
I get this impression that they primarily mean the "Other Worker" category AOS rejections done in June 2007...I don't know what rules govern that category, but rejections did happen despite visa bulletin indicating current status for that category and AILF is considering this lawsuit. Now they are assuming that this might happen for EB2, EB-3 categories also. Plus we have this $4.4 billion CIR failure theory. There is no document date mentioned in this doc. So, I don't know how AILF is so confident that this will happen for EB2, EB-3 categories, for the rejections of applications has not even happened yet.
By reading the AILF pdf:
http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf
I get this impression that they primarily mean the "Other Worker" category AOS rejections done in June 2007...I don't know what rules govern that category, but rejections did happen despite visa bulletin indicating current status for that category and AILF is considering this lawsuit. Now they are assuming that this might happen for EB2, EB-3 categories also. Plus we have this $4.4 billion CIR failure theory. There is no document date mentioned in this doc. So, I don't know how AILF is so confident that this will happen for EB2, EB-3 categories, for the rejections of applications has not even happened yet.
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Krilnon
03-06 10:21 PM
I voted for mlkedave... It seemed to be the most realistic version of what would actually exist.
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pasagc
07-31 08:40 PM
Bump!!
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Ann Ruben
04-17 12:32 PM
Yes, absolutely.
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arihant
10-16 01:23 PM
If it was at 2' 16'' during the month you got LUD, it means you are stuck in name check.
~
Which star are you referring to? Is it my birth star? Also, what does 2'16" mean and where can I get information about its alignment for the month of my LUD?
This is so far the best explanation someone has given on how to interpret LUDs. But, please provide more details on how to study the stars.
~
Which star are you referring to? Is it my birth star? Also, what does 2'16" mean and where can I get information about its alignment for the month of my LUD?
This is so far the best explanation someone has given on how to interpret LUDs. But, please provide more details on how to study the stars.
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sabbygirl99
03-28 11:23 AM
My LC is languishing in Philly backlog center. Not sure if I beleive that they will have it completed by Sep 2007. In any case, I am blessed enough to be able to switch to a part time status at work. I am enrolling in a part time graduate program. My question is - will going part time at work hurt me with LC or even later with 140, 485, or maybe even green card interview?? Thanks.
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vjkypally
09-14 04:48 PM
Seeing the interest for this Poll I think most 2004 cases are already approved. Remaining should be cleared this month or next month for sure.
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calaway42
10-04 12:03 AM
part where.. "OK HOLD CTRL and click on the layer with your shape on it to select it, now making sure you have the rectangular marquee active on the tools palette, on your keyboard press UP once and LEFT once to offset the selection. Now create a new layer and fill the selection in with white. HOLD CTRL and click on "layer 1" again to select it. With"layer 2" still active HIT DELETE. Now deselect (CTRL +D) now holding CTRL move the highlight of layer to down 2 pixels and right 2 pixels so it look like the image opposite."
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MeraNaamJoker
09-16 04:50 PM
Having stated the above which pretains only to those cases which are still in process.
For those who have their GC in their hand, the situation could be slightly different.
If you do not join the company, it is considered as SHAM EMPLOYMENT.
I am also in the same boat and I checked with a leading lawyer, According to her advice it is better to wait for 6 months or atleast couple of months before changing the employer.
GCProbs has an advantage here, since the Company A is about to be shut down wait till then. Obtain details about it and keep it with you. Just in the event of a question, you can answer.
By the way, I have decided to join another company after 2 months.
Jumping the boat immediately might cause trouble.
So please be patient and give it as much as time as possible. I will say at least 2-3 months.
For those who have their GC in their hand, the situation could be slightly different.
If you do not join the company, it is considered as SHAM EMPLOYMENT.
I am also in the same boat and I checked with a leading lawyer, According to her advice it is better to wait for 6 months or atleast couple of months before changing the employer.
GCProbs has an advantage here, since the Company A is about to be shut down wait till then. Obtain details about it and keep it with you. Just in the event of a question, you can answer.
By the way, I have decided to join another company after 2 months.
Jumping the boat immediately might cause trouble.
So please be patient and give it as much as time as possible. I will say at least 2-3 months.
deafTunes123
08-23 02:11 PM
Mine is Opposite. EAD issued for 2 years even though my PD is current (based on interfile). Don't know whether the interfile is successful or not.
kirupa
01-01 09:02 PM
I've updated the guidelines to reflect these two issues.
I put the gradient as a color thing, but I'll clarify in the guidelines that background colors are cool.
glos - AS2 is fine as well :)
I put the gradient as a color thing, but I'll clarify in the guidelines that background colors are cool.
glos - AS2 is fine as well :)
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