unknown123
01-02 07:34 PM
Hello All,
Just curious and needed your opinion. My wife has a valid H4 status until 2010 (no visa but petition approved). She used her EAD card for all of 5 days about a year ago and then has not worked since then. I am confused if I need to apply for renewal of her EAD to maintain her legal status in the country considering having used EAD for 5 days might have triggered her out of H4 status. Any thoughts on this? Do i need to renew her EAD to maintain her legal status in the country even with a valid H4 petition until 2010? We also have 485 petition filed and pending over 180 days. I am wondering if it is required for a person with 485 pending for over 180 days to always maintain a valid EAD card even though they are not employeed. Thank you all in advance.
No it is not required to maintain valid EAD if you are in AOS.
Just curious and needed your opinion. My wife has a valid H4 status until 2010 (no visa but petition approved). She used her EAD card for all of 5 days about a year ago and then has not worked since then. I am confused if I need to apply for renewal of her EAD to maintain her legal status in the country considering having used EAD for 5 days might have triggered her out of H4 status. Any thoughts on this? Do i need to renew her EAD to maintain her legal status in the country even with a valid H4 petition until 2010? We also have 485 petition filed and pending over 180 days. I am wondering if it is required for a person with 485 pending for over 180 days to always maintain a valid EAD card even though they are not employeed. Thank you all in advance.
No it is not required to maintain valid EAD if you are in AOS.
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Sakthisagar
11-30 03:58 PM
I checked on the website, and it has a note - " Important Note: In certain cases of an old passports issued by an office other than the Consulate General of New York, a passport is issued for one year. In such cases, applicants have to apply for extension of the passport any time after 45 days. A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. "
Here's the link that I was referring to...
RENEWAL OF PASSPORT OR NEW PASSPORT - www.indiacgny.org (http://indiacgny.org/php/showContent.php?linkid=225&partid=223&sub=sub3)
What I meant to ask was, I cannot apply for a renewal until I get my new I797, right ? And, once I get it, and plan to travel, I'll go for a new visa stamp and I just want to make sure that I get it for the duration applicable and not until the expiration of the passport, and also that if i get my passport renewed here, I get it for another 10 or so years and not one.
Also, could you please tell me how long does it usually take to get the passport renewed ? I'm in NY area.
Thank you.
To my knowledge.. Indian passport is renewed now for 10 years, of course Please apply for the renewal of passport as soon as you get the new I-797. (Otherwise they might give it for one Year). So You should get for a 10 year renewal.
And regarding your stamping, I do not know your personal situation, If the travel to India is not very urgent, Please postpone it at least til you get your EAD/AP if you are planning for a permanent residency. Otherwise if you are going for stamping, its all your GOOD LUCK! especialy nowadays for H1B stamping.
Usually it takes one and half months to renew the Passport in US. I have done it way back in 2003. I am not aware how long it will take now.
Please talk to your attorney,and decide.
Here's the link that I was referring to...
RENEWAL OF PASSPORT OR NEW PASSPORT - www.indiacgny.org (http://indiacgny.org/php/showContent.php?linkid=225&partid=223&sub=sub3)
What I meant to ask was, I cannot apply for a renewal until I get my new I797, right ? And, once I get it, and plan to travel, I'll go for a new visa stamp and I just want to make sure that I get it for the duration applicable and not until the expiration of the passport, and also that if i get my passport renewed here, I get it for another 10 or so years and not one.
Also, could you please tell me how long does it usually take to get the passport renewed ? I'm in NY area.
Thank you.
To my knowledge.. Indian passport is renewed now for 10 years, of course Please apply for the renewal of passport as soon as you get the new I-797. (Otherwise they might give it for one Year). So You should get for a 10 year renewal.
And regarding your stamping, I do not know your personal situation, If the travel to India is not very urgent, Please postpone it at least til you get your EAD/AP if you are planning for a permanent residency. Otherwise if you are going for stamping, its all your GOOD LUCK! especialy nowadays for H1B stamping.
Usually it takes one and half months to renew the Passport in US. I have done it way back in 2003. I am not aware how long it will take now.
Please talk to your attorney,and decide.
techbuyer77
06-12 08:21 PM
my lawyer said it was ok as long as I go back to work for them uon approval. GC is for future job, not current, according to USCIS Director memo.
The problem is my previous employer is not doing well due to economy :(
so I might not have a job upon approval
Please do not imply I am doing something illegal, because it is not that way.
The problem is my previous employer is not doing well due to economy :(
so I might not have a job upon approval
Please do not imply I am doing something illegal, because it is not that way.
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Josh Shaffer
06-01 01:40 PM
My name is Josh Shaffer and I am an award-winning filmmaker from Long Island. I need FLASH animators who can put together roughly four minutes of FLASH animation for an upcoming project. Animation must be in my hands latest mid-August, so that's two and a half months, more than enough time for the material I need. Animation can be Flintstone style if needed, static body with moving facial expressions, arms and legs.
More info, script samples available, first let me know if you're interested.
Thanks
Josh Shaffer
More info, script samples available, first let me know if you're interested.
Thanks
Josh Shaffer
more...
ilikekilo
07-18 10:39 AM
This is the website to check labor status at the BEC.
http://pds.pbls.doleta.gov/
My case was filed in Nov 2001. In Oct 2006, the DOL stated that they lost my case (I did not receive a 45 day letter). So my lawyer reconstructed my labor and filed it again as per DOL's instruction. I received a 45 day letter in Apr 2007 which showed my case no. Since then I have been checking the case status online.
very sorry to eahr that.....did urs get approved yet
http://pds.pbls.doleta.gov/
My case was filed in Nov 2001. In Oct 2006, the DOL stated that they lost my case (I did not receive a 45 day letter). So my lawyer reconstructed my labor and filed it again as per DOL's instruction. I received a 45 day letter in Apr 2007 which showed my case no. Since then I have been checking the case status online.
very sorry to eahr that.....did urs get approved yet
sundarpn
08-23 04:36 PM
I am told that is better to apply for COS after like a semester or two of study on H-4...
Looks like chaning to F-1 is better since OPT gives a great benefit to finidng a job esp in current conditions where no-one is going to file for an H1b right of the bat...
Also once on F-1, she is not dependent on the H1B status of the primary.
Looks like chaning to F-1 is better since OPT gives a great benefit to finidng a job esp in current conditions where no-one is going to file for an H1b right of the bat...
Also once on F-1, she is not dependent on the H1B status of the primary.
more...
psaxena
06-25 05:53 PM
bump
Please suggest the best time suitable for everyone for the conf call, today evening or tomorrow anytime.
Please suggest the best time suitable for everyone for the conf call, today evening or tomorrow anytime.
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brit_gc
05-04 12:46 PM
I had an RFE which they received on Feb 8th, still no response after 12 weeks.
Is there anything to do here, or just wait and twiddle my thumbs?!
Current Status: Response to request for evidence received, and case processing has resumed.
On February 8, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Is there anything to do here, or just wait and twiddle my thumbs?!
Current Status: Response to request for evidence received, and case processing has resumed.
On February 8, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
more...
clif
10-15 07:41 AM
There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.
EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.
EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.
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sri1309
11-04 06:33 AM
All,
Please congratulate the new President. Send your messages.
Please congratulate the new President. Send your messages.
more...
snathan
05-29 03:46 PM
Hello,
My PERM case was filed on mid-May and got audited on May 28.
Will it be appropriate for me to join you all for the complaint or if my case is too recent?
Thanks.
This thread is closed.
Post your query here.
http://immigrationvoice.org/forum/sh...=16#post251110
My PERM case was filed on mid-May and got audited on May 28.
Will it be appropriate for me to join you all for the complaint or if my case is too recent?
Thanks.
This thread is closed.
Post your query here.
http://immigrationvoice.org/forum/sh...=16#post251110
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kanyewest
04-19 12:09 PM
I was on H1B until Feb 2009 and I applied for COS to H4 in Feb 2009. USCIS has received my COS application, and it is still pending with USCIS for 2 months now.
1. Can a new employer apply for a new cap-exempt H1B for me (technically a transfer, as I was on H1B for 2 years before)?
2. In that case, do I need to submit paystubs and W2s from when I last held H1B status?
1. Can a new employer apply for a new cap-exempt H1B for me (technically a transfer, as I was on H1B for 2 years before)?
2. In that case, do I need to submit paystubs and W2s from when I last held H1B status?
more...
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jay
05-19 08:22 PM
Sec 520(e) of the Cornyn Amendment SA 4005 requires that all backlogs be eliminated in six monts. If we are not behind this amendment, perhaps we should try to copy this provision into Brownback's?
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a_yaja
06-07 03:54 PM
Heard on CNN ...
Looks like the Vote to Limit the number of Debates (On Amendments) on CIR has failed.
The reporter stated that If the bill fails it will fail by Sundown today
before the eggs hatch
We need to wait for sundown. Looks like some backroom manuvering is going on.
Looks like the Vote to Limit the number of Debates (On Amendments) on CIR has failed.
The reporter stated that If the bill fails it will fail by Sundown today
before the eggs hatch
We need to wait for sundown. Looks like some backroom manuvering is going on.
more...
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Blog Feeds
08-08 09:30 AM
These are fun and hot summer days for us Immigration lawyers filing H1B cases (http://www.h1b.biz/lawyer-attorney-1137085.html). As employers are starting to hire again, we are faced with the challenges of the new Labor Condition Application System, iCert.
The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)
In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)
The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)
In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)
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capriol
05-15 04:15 PM
I got my GC last year auguest but her gc/485 status is stil pending. Is it even possible based on her case was dependent on me? What can I do abt it. Thanks.
Dear Shidsar:
this is more of a question for you: Are you then one of the lucky ones from EB2-I to have got your GC when PD's became current for a brief while last year? Lucky you.
Dear Shidsar:
this is more of a question for you: Are you then one of the lucky ones from EB2-I to have got your GC when PD's became current for a brief while last year? Lucky you.
more...
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pappu
06-06 11:10 AM
Good points.
Cann't travel outside usa, because of too many restrictions on h1/h4 visa holders.
yes this can be a newsworthy story from an emotional perspective and views from prominent behaviour scientist to reaffirm our sentiments.
Cann't travel outside usa, because of too many restrictions on h1/h4 visa holders.
yes this can be a newsworthy story from an emotional perspective and views from prominent behaviour scientist to reaffirm our sentiments.
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Libra
09-15 10:21 PM
bumping
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english_august
07-18 10:50 AM
Could someone from North Carolina please call Kristen Collins at 919-829-4881? She needs to get some reaction/quotes for the story on the new USCIS decision.
Please refer to this press release for talking points
http://www.prlog.org/10024482-skilled-workers-welcome-temporary-relief-by-us-immigration-agency.html
Please refer to this press release for talking points
http://www.prlog.org/10024482-skilled-workers-welcome-temporary-relief-by-us-immigration-agency.html
pappu
03-17 12:26 AM
My company informed me today that, when spouse is added to the insurence, the insurence will start from day 1 of next month. My wife will be comming in the middle of month. How to cover this gap with insurence...?? Any suggestions...????
Please correct your profile. The dates are incorrect. Thanks.
Please correct your profile. The dates are incorrect. Thanks.
sanan
06-04 08:15 AM
PD July 2002
no update yet! Although I know atleast one person on another forum got an email on day 1 (June 1st) that his was approved! That sucked for him coz he didn't get any time to file for his wife!:(
no update yet! Although I know atleast one person on another forum got an email on day 1 (June 1st) that his was approved! That sucked for him coz he didn't get any time to file for his wife!:(
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