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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waiting_4_gc
07-31 06:44 PM
My I-485(with G-28) was filed by our company lawyer and company did not let us file EAD. I'm filing EAD on my own after USCIS made it clear with FAQ2 that they will accept EAD applications without the I-485 Receipt notice.
My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.
Thanks
I think you will receive receipt notice for EAD and AP provided you file them.However I had a question about the forms.
Are you going to send old version of I-765 and I-131 or new version of the forms?
And you can file EAD and AP applications with old fee till August 17,2007, right?
Please PM me as am also filing EAD and AP, we can share the knowledge
My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.
Thanks
I think you will receive receipt notice for EAD and AP provided you file them.However I had a question about the forms.
Are you going to send old version of I-765 and I-131 or new version of the forms?
And you can file EAD and AP applications with old fee till August 17,2007, right?
Please PM me as am also filing EAD and AP, we can share the knowledge
grupak
11-09 12:33 PM
Have analytical and writing (mostly scientific research journal type) skills. Would be glad to help where I can.
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wandmaker
10-29 10:22 AM
But the EAD is soley meant for work!
I agree. The kid should not have received the EAD.
Are they issuing EADs to 2 year olds? That would mean it is legal for a 2 year old to work which just does not add up.
My co-worker, who has 5 year old kid, his son received an EAD (he filed I-765). He applied for SSN and received the SSN card within 5 days of application.
If Sury wants SSN for his kid, s/he can give a try.
I agree. The kid should not have received the EAD.
Are they issuing EADs to 2 year olds? That would mean it is legal for a 2 year old to work which just does not add up.
My co-worker, who has 5 year old kid, his son received an EAD (he filed I-765). He applied for SSN and received the SSN card within 5 days of application.
If Sury wants SSN for his kid, s/he can give a try.
more...
shivarajan
04-04 03:06 PM
Did a hasty click... thought the poll was for pd date (and missed the invoice part of it). Suspecting others also might have done the same.
sss9i
07-21 01:35 AM
What should I do now??
Nope, USCIS requests USPS to not to forward but return to sender if not delivered.
Nope, USCIS requests USPS to not to forward but return to sender if not delivered.
more...
Winner
01-22 07:24 PM
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fromnaija
08-31 01:22 PM
I filed AOS during July 07 fiasco. It has been more than 15 months since the first fingerprint but I have not yet received 2nd fingerprint notice. I noticed a SLUD in May/09 but no notice. Anybody else out there who filed in July but don't have second fingerprint notice yet?
At the risk of sounding like a broken record, please read my earlier posts on re-using finger prints through the BSS (Biometrics Storage System) implemented a while back by USCIS. Only a small number of applicants will get a second FP notice. See the below for more information:
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/23795-2nd-finger-printing-notice-anyone.html#post318744
At the risk of sounding like a broken record, please read my earlier posts on re-using finger prints through the BSS (Biometrics Storage System) implemented a while back by USCIS. Only a small number of applicants will get a second FP notice. See the below for more information:
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/23795-2nd-finger-printing-notice-anyone.html#post318744
more...
vamsi_poondla
09-05 09:36 PM
we should all attend. Failure is not an option...there is no better time than Sept 18th
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donelson
January 7th, 2005, 04:47 PM
I haven't done any 1:1 yet, but hope to this weekend. I'll post again after I've shot some.
Don
Don,
Thanks for the quick reply. Have you taken many 1:1 photos and how did they turn out?
Don
Don,
Thanks for the quick reply. Have you taken many 1:1 photos and how did they turn out?
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bigboy007
11-01 02:15 AM
Ok i think u got me misunderstood : Ok to alleviate : Address A - My current address
Address B -- My friends address.
B is in IL , A is in CT. Now all my credit card statements , USCIS all other except DMV drivers license are in A. Only DL is with B reason i moved recently and not sure how many days this is going to work and since moving car registration etc is expensive thing in CT and there is no certainity on how it works . Now i am changing back my DL and Car registration hence asked this Question , i am well aware of fall backs of USCIS hence changed within 10 days filed AR-11 and all pending petetions and USCIS started corresponding with this new address.
Address B -- My friends address.
B is in IL , A is in CT. Now all my credit card statements , USCIS all other except DMV drivers license are in A. Only DL is with B reason i moved recently and not sure how many days this is going to work and since moving car registration etc is expensive thing in CT and there is no certainity on how it works . Now i am changing back my DL and Car registration hence asked this Question , i am well aware of fall backs of USCIS hence changed within 10 days filed AR-11 and all pending petetions and USCIS started corresponding with this new address.
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jcrajput
09-26 05:02 PM
This is the new thread to mention your rejection reasons.
Please mention following:
Rejection date: 09/21/07
Reason: Other reasons (Not mentioned in data base system - More info with rejection letter and package)
Package received date: Waiting
Please mention following:
Rejection date: 09/21/07
Reason: Other reasons (Not mentioned in data base system - More info with rejection letter and package)
Package received date: Waiting
more...
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gc_vbin
04-08 05:06 PM
You need to update your profile with enough details so people can respond to you. There are not enough details in your profile.
May 2011 Bulletin is out
Employment- Based Category
INDIA EB2 July 2006 (from May 2006)
http://www.travel.state.gov/visa/bulletin/bulletin_5424.html[/IMG]
I received an email from NVC on Mar 31st with invoice of 794$. My lawyer says that means nothing to me if I don't go for Consulate Processing. But dont they know when they send the email that we didn't opt for CP in I-140. I am confused.
For those of you who received the letter from NVC are you EB2?
May 2011 Bulletin is out
Employment- Based Category
INDIA EB2 July 2006 (from May 2006)
http://www.travel.state.gov/visa/bulletin/bulletin_5424.html[/IMG]
I received an email from NVC on Mar 31st with invoice of 794$. My lawyer says that means nothing to me if I don't go for Consulate Processing. But dont they know when they send the email that we didn't opt for CP in I-140. I am confused.
For those of you who received the letter from NVC are you EB2?
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nashim
08-11 09:56 AM
please add year 05, 06, 07 and 08 too.
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satishku_2000
08-23 03:23 PM
Received FP Notice in mail today
485 RD: Jul 2 2007
485 ND: Aug 7 2007
FP ND : Aug 14 2007
FP Date: Aug 28 2007
Is it from NSC or TSC
485 RD: Jul 2 2007
485 ND: Aug 7 2007
FP ND : Aug 14 2007
FP Date: Aug 28 2007
Is it from NSC or TSC
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vandanaverdia
09-10 11:22 AM
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extra_mint
09-15 01:11 PM
Congratulations ....
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mirage
07-29 02:25 PM
I did not have prior information about this call, else I would,ve ask them 2 questions.
1) Why Don't USCIS give 2 years AP too..
2) USCIS should publish some statistics on how many Employement based AOS applications they have pending, what EB categories they are in along the the chargeable country and priority dates..
Thanks
1) Why Don't USCIS give 2 years AP too..
2) USCIS should publish some statistics on how many Employement based AOS applications they have pending, what EB categories they are in along the the chargeable country and priority dates..
Thanks
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singhsa3
07-31 02:32 PM
It is ok as long as she does not overstay 180 days
Hello,
I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my grandfather had applied for a greencard process for my mom through family based and we are 2 months away from getting the visa numbers. So Is there any way my mom can extend her H1B. She is currently working as a teacher. (There are lot of options for people who applied for Greencard process through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
Thank You.
Hello,
I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my grandfather had applied for a greencard process for my mom through family based and we are 2 months away from getting the visa numbers. So Is there any way my mom can extend her H1B. She is currently working as a teacher. (There are lot of options for people who applied for Greencard process through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
Thank You.
nashorn
12-18 02:25 PM
It could be anything but approval of your case, since you are not current. Any change they made on you case will result in a LUD. A guy here got a LUD because somebody reentered his address. But since you got so many in so short period of time, it is very likely they are looking at your case. But when they reach the point that they have to make a decision on your case, let's just say your case is approvalble otherwise, they'll send your case on visa hold (because you are not current), and send your file to some visa hold shelf based on your PD and chargeability. When your PD become current, they'll approve it.
speedo
08-14 03:25 PM
I-485 AD: Jul-02-2007
I-485 ND: Jul-31-2007
still waiting for fingerprint notice.
I-485 ND: Jul-31-2007
still waiting for fingerprint notice.
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