GlobalCitizen
07-26 09:07 AM
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife�s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife�s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife�s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife�s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
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bluekayal
06-22 05:41 AM
I know of cases where AOS person got laid off and tool unemployment. Remember, GC is for the future. So a letter from a future employer...or being employed as GC is being approved will help. My 2 cents...but check.
if your EAD is based on YOUR I-140, then I dont think you have a valid status. During AOS, you need to have a job in the same category the EAD is valid for, unless you are the dependent.
In AOS, you cannot apply for unemployment benefit as it will trigger an USCIS audit.
By US law, if you are unemployed and are PRESENT in the US, you are entitled to umemployment benefit as you paid into the system.
By law again, if you are in non-immigrant status (AOS is considered non-immigrant until you get the green card), and you lose your job, you have to leave the country or you will start accuring illegal stay.
Check with your lawyer before you do anything.
if your EAD is based on YOUR I-140, then I dont think you have a valid status. During AOS, you need to have a job in the same category the EAD is valid for, unless you are the dependent.
In AOS, you cannot apply for unemployment benefit as it will trigger an USCIS audit.
By US law, if you are unemployed and are PRESENT in the US, you are entitled to umemployment benefit as you paid into the system.
By law again, if you are in non-immigrant status (AOS is considered non-immigrant until you get the green card), and you lose your job, you have to leave the country or you will start accuring illegal stay.
Check with your lawyer before you do anything.
imh1b
12-03 02:09 PM
Why do we need Recapture more than DREAM ACT or with DREAM ACT?
What makes recapture an important issue as mush as DREAM ACT issue?
Is the question asked to me when I communicated with someone in favor of DREAM act. We need good answers when asked this question.
I was looking at posts to respond back and write to all reporters writing on DREAM ACT. Can someone post convincing answers?
What makes recapture an important issue as mush as DREAM ACT issue?
Is the question asked to me when I communicated with someone in favor of DREAM act. We need good answers when asked this question.
I was looking at posts to respond back and write to all reporters writing on DREAM ACT. Can someone post convincing answers?
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vinabath
07-31 11:05 AM
Damn.. with this fear of what might happen to our I485s, it becomes almost natural to everyone not to use their EAD and maintain their H1 status. It sucks not to be able to enjoy the benefits even when we have it!! or am I overreacting? :)
You are not. EAD is basically for spouse. Primary applicant need to be careful on using EAD.
You are not. EAD is basically for spouse. Primary applicant need to be careful on using EAD.
more...
priderock
11-29 03:28 PM
senorita..raj here...
here comes the answers for your responses...
1) Since I wont be coming back to US as of now, what if I do not get my H1 visa stamped. Can I use my approval(I-797)in the present consulting firm's name, for getting H1b stamped through any other company in future.
You need pay stubs of working firm to get the stamping. If you are working presently ..u will ahve some pay stubs and you can use it and get stamped.
2) I understand that stamping is needed only for reentering US. What if i just get the stamping done and still do not come back. In that case, can I still transfer my stamped H1B to any other company without working at all for the consulting firm whose stamp I have on my passport.
If you live out side US for more than 360 days , then u r H1b is invalid. In order to return again you should apply under the H1b cap.
Hope this helps....
It is not true. H1 is valid until its validity date.
here comes the answers for your responses...
1) Since I wont be coming back to US as of now, what if I do not get my H1 visa stamped. Can I use my approval(I-797)in the present consulting firm's name, for getting H1b stamped through any other company in future.
You need pay stubs of working firm to get the stamping. If you are working presently ..u will ahve some pay stubs and you can use it and get stamped.
2) I understand that stamping is needed only for reentering US. What if i just get the stamping done and still do not come back. In that case, can I still transfer my stamped H1B to any other company without working at all for the consulting firm whose stamp I have on my passport.
If you live out side US for more than 360 days , then u r H1b is invalid. In order to return again you should apply under the H1b cap.
Hope this helps....
It is not true. H1 is valid until its validity date.
desi3933
06-25 10:41 AM
I though such contracts are illegal in US?....It is employment at will.....that means they can kick you out anytime or you can leave anytime....maybe someone can clarify
This is one of the biggest myths amongst H1 workers in USA.
All depends the terms and wordings of the "Employment agreement". For example, if one is sent for 2 weeks training in, say, .Net 2.0 Technology and its cost is $8000, then agreement could have clause for paying back $8000 to employer if left employment within one year.
There are, of course, other things involved and it is a complex subject. In short, Employment Agreement given enough ammunitions for employer to file at least a civil suit against employee.
Please consult a good lawyer before signing any such contract.
Not a legal advice
-----------------------
desi3933 at gmail.com
This is one of the biggest myths amongst H1 workers in USA.
All depends the terms and wordings of the "Employment agreement". For example, if one is sent for 2 weeks training in, say, .Net 2.0 Technology and its cost is $8000, then agreement could have clause for paying back $8000 to employer if left employment within one year.
There are, of course, other things involved and it is a complex subject. In short, Employment Agreement given enough ammunitions for employer to file at least a civil suit against employee.
Please consult a good lawyer before signing any such contract.
Not a legal advice
-----------------------
desi3933 at gmail.com
more...
chanduv23
03-28 07:42 PM
Until now, the student community and the OPT community felt that IVs goals were not in sync with them.
OPT is now being considered to be extended for 29 months. This is a big boost for students who want to pursue their American dream.
So, if you are a student or an OPT candidate, you are definitely benefitted by this move.
This is a call for all students/OPT to unite under IV umbrella. Please sign on this thread and pledge your support to IV. Spread the message among your community. Urge everyone to join IV. Start getting active on IV. Most of you are young talented folks from all over the world, and your talent and freshness will keep IV going strong.
So join IV now and join your State chapters. Spread the message among your friends.
OPT is now being considered to be extended for 29 months. This is a big boost for students who want to pursue their American dream.
So, if you are a student or an OPT candidate, you are definitely benefitted by this move.
This is a call for all students/OPT to unite under IV umbrella. Please sign on this thread and pledge your support to IV. Spread the message among your community. Urge everyone to join IV. Start getting active on IV. Most of you are young talented folks from all over the world, and your talent and freshness will keep IV going strong.
So join IV now and join your State chapters. Spread the message among your friends.
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lunar
03-31 03:06 PM
Never Mind. Congratulations !!!
more...
raju6855
02-02 09:33 AM
Thx for your reply.
But this wasn't told to me (us) by my company's hr, I guess I got to check that advise for second opinion.
But this wasn't told to me (us) by my company's hr, I guess I got to check that advise for second opinion.
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solaris27
03-13 09:59 AM
Congratulations
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ArkBird
06-24 06:07 PM
Even though your wife is not taking salary, if she is owner of the business, she is considered "paid". In the worse case scenario, your wife will have to stop working till you get EAD or you can use protection 245(k) i.e. illegal employment for less than 180 days.
If it is VERY critical, I suggest consulting a lawyer as most of what we post on this forums is personal knowledge and may not be the actual law! :)
Cheers
ArkBird
Hi all,
We applied for my wife's and mine EAD on April 27th (paper based)
I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010
I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.
Additionally , she has a valid H4 as well.
I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble
Pls reply
Thanks in advance
If it is VERY critical, I suggest consulting a lawyer as most of what we post on this forums is personal knowledge and may not be the actual law! :)
Cheers
ArkBird
Hi all,
We applied for my wife's and mine EAD on April 27th (paper based)
I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010
I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.
Additionally , she has a valid H4 as well.
I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble
Pls reply
Thanks in advance
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webm
01-23 10:19 AM
Sounds great..esp TSC dates.
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gc2005
11-17 01:35 PM
SKIL is the best bet for us. Hopefully we will see it being discussed soon in Senate.
I agree, SKIL is the best bet for us. There are chances of something happenning before Oct 2007 because of no H1B visa numbers being available unitl then. I don't think it has been that bad situation with H1B until now.
I agree, SKIL is the best bet for us. There are chances of something happenning before Oct 2007 because of no H1B visa numbers being available unitl then. I don't think it has been that bad situation with H1B until now.
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guchi472000
03-18 05:06 PM
How she can apply for EAD...? My PD are Jan 2006 EB2. How can i get her EAD card.
Please suggest me....
If you have some knowledge can u pls share plus if you suggest me any website from where i can take help that will be grateful.
Please suggest me....
If you have some knowledge can u pls share plus if you suggest me any website from where i can take help that will be grateful.
more...
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eagerr2i
11-06 03:28 PM
Here is the link with the clarification released on Jun 6th By Michael Aytes, Astt Director of USCIS regarding Non Cap h1B's
http://149.101.23.2/graphics/lawsregs/handbook/AC21C060606.pdf
These roles qualify for non cap H1B's
* Renewals of existing H1b's
* If are working for a not for profit institution
* If you are working for a institute of higher education ( as defined by the US education act of 1964, institutes like 2 yr and 4 year colleges and some high schools which have teacher education programs with schools of education in these colleges) or a government research institution or a company associated with the above institutions where the primary objective of the company is to supplement the mission of the institutions, example would be a company providing research assistants to a reseach medical hospital. In this case the company is not cap exempt but the job involves the institution that is cap exempt.
What kind of institution will your wife be a financial analyst in?
I am not an attorney, pls consult an attorney regarding your specific case. Hope this information helps.
http://149.101.23.2/graphics/lawsregs/handbook/AC21C060606.pdf
These roles qualify for non cap H1B's
* Renewals of existing H1b's
* If are working for a not for profit institution
* If you are working for a institute of higher education ( as defined by the US education act of 1964, institutes like 2 yr and 4 year colleges and some high schools which have teacher education programs with schools of education in these colleges) or a government research institution or a company associated with the above institutions where the primary objective of the company is to supplement the mission of the institutions, example would be a company providing research assistants to a reseach medical hospital. In this case the company is not cap exempt but the job involves the institution that is cap exempt.
What kind of institution will your wife be a financial analyst in?
I am not an attorney, pls consult an attorney regarding your specific case. Hope this information helps.
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vkmurthy260
06-23 05:57 PM
I went to mexico and came back with new I 94 .
Thanks
Kris.
Thanks
Kris.
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backtoschool
01-08 04:36 PM
[QUOTE=mharik]Hi ,
Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA or outside US????
ANYONE????
Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA or outside US????
ANYONE????
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imv116
06-06 05:36 PM
Hi S.Hoosier,
Subject to the AC21 restrictions, like what? Could you please elaborate?
Yes, you should be able to use AC21 to change employment (subject to the AC21 restrictions).
Subject to the AC21 restrictions, like what? Could you please elaborate?
Yes, you should be able to use AC21 to change employment (subject to the AC21 restrictions).
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plassey
07-23 10:41 PM
I think, he should run for his life from his in laws now...:)
with a GC already fatest option might be to go to Mahabaleshwar for some honeymoon:)
with a GC already fatest option might be to go to Mahabaleshwar for some honeymoon:)
gc_chahiye
10-04 11:41 PM
Thanks for sharing the info. This part is really scary. I know potential employers are doing it. Can't believe CBP is doing it. You mean they will do it when you hand over the passport and I-94 at the airport and make a decision on that. WOW
more than scary this is stupid. So if someone with same name as me has a webpage on al-jazeera or some other such site, then I am screwed at the port of entry.
Worse, if I dont like someone just setup a webpage or two in that persons name, pledge allegiance to some fundamentalist Islamic group, put a photo-shopped image of him next to osama bin laden, and the next time that guy tries to re-enter the US... bam... Guantanamo bay! he wont even know what hit him.
Would love to see the look on the CBP officers face to see a photo of the person in front of him with his arms around osama bin laden. A Kodak moment.
I thought the government has enough databases of its own. Why use something as unfiltered and unreliable as the WWW
more than scary this is stupid. So if someone with same name as me has a webpage on al-jazeera or some other such site, then I am screwed at the port of entry.
Worse, if I dont like someone just setup a webpage or two in that persons name, pledge allegiance to some fundamentalist Islamic group, put a photo-shopped image of him next to osama bin laden, and the next time that guy tries to re-enter the US... bam... Guantanamo bay! he wont even know what hit him.
Would love to see the look on the CBP officers face to see a photo of the person in front of him with his arms around osama bin laden. A Kodak moment.
I thought the government has enough databases of its own. Why use something as unfiltered and unreliable as the WWW
jthomas
03-25 10:56 AM
Give us some relief during the period of recession and make some rules for H1B guys to stay legal and claim unemployment benifits
1. Allow H1B holders to stay unemployed but legal during this time of recession. They should be allowed unemployment insurance for the amount of money they contributed during the years of their work.
2. Don't send RFE to those in EAD during the this time of recession.
1. Allow H1B holders to stay unemployed but legal during this time of recession. They should be allowed unemployment insurance for the amount of money they contributed during the years of their work.
2. Don't send RFE to those in EAD during the this time of recession.
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