ameryki
07-05 11:37 PM
Hi,
My 9th year H1 expires this month and I am planning to use EAD to continue in my job (not extending my H1B). Can you please tell:
1) What do I need to do to with respect to Employer and USCIS to move to EAD status from H1B?
let your HR know you are switching and they will have you fill in a new form for their files
2) I read in some forum posts: there is a new law OR amendment - people working on EAD with adjustment of status will be deported.. we need to continue maintaining H1B status..is it legitimate?
No
3) My current Advance Parole is valid till Oct'09. As I move to EAD, is AP renewal required for any other reason other than travel purpose?
EAD and AP are 2 separate things and neither affect each other. They are both based on a pending 485 application and that's about all that is common with those 2 filings.
Thanks
AjaySri
Hope this info helps.
My 9th year H1 expires this month and I am planning to use EAD to continue in my job (not extending my H1B). Can you please tell:
1) What do I need to do to with respect to Employer and USCIS to move to EAD status from H1B?
let your HR know you are switching and they will have you fill in a new form for their files
2) I read in some forum posts: there is a new law OR amendment - people working on EAD with adjustment of status will be deported.. we need to continue maintaining H1B status..is it legitimate?
No
3) My current Advance Parole is valid till Oct'09. As I move to EAD, is AP renewal required for any other reason other than travel purpose?
EAD and AP are 2 separate things and neither affect each other. They are both based on a pending 485 application and that's about all that is common with those 2 filings.
Thanks
AjaySri
Hope this info helps.
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royalchallenge
02-03 05:07 PM
^^^
Blog Feeds
05-05 06:50 AM
This was long overdue but here are the latest on the Tri Valley story. A federal grand jury here has indicted the president of a Pleasanton, Calif., university on 33-criminal counts, charging her with an array of violations, including visa fraud, money laundering and alien harboring, as a result of a two-year investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
Tri-Valley University President Susan Xiao-Ping Su, 41, who also served as the school's chief executive officer, is accused of engaging in a two-year scheme to defraud the Department of Homeland Security (DHS) by submitting phony documents in support of Tri-Valley University's applications to admit foreign nationals on student visas. The indictment further alleges that after obtaining such approvals, Su fraudulently issued visa-related documents to student aliens in exchange for "tuition and fees."
Su was taken into custody Monday morning at her Pleasanton, Calif., home by HSI special agents. She made her initial appearance here in federal court shortly after her arrest.
In carrying out the scheme, Su is accused of making multiple false representations to DHS through Tri-Valley University's use of the Student and Exchange Visitor Information System (SEVIS), which the U.S. government uses to monitor the "F-1" student visa program. Through her false representations, Su was able to unlawfully obtain and issue F-1 visa-related documents without regard to the students' academic qualifications or intent to pursue a course of study required to maintain a lawful immigration status.
According to the indictment, Su admitted and maintained foreign students in exchange for tuition and other payments. In furtherance of the F-1 visa scheme, Su also allegedly harbored multiple Tri-Valley University student-employees to assist her in making the false representations to SEVIS. The indictment further alleges the defendant engaged in multiple money laundering transactions totaling more than $3.2 million using proceeds she derived from the visa fraud scheme.
Read more.. (http://www.ice.gov/news/releases/1105/110502oakland.htm)
More... (http://www.visalawyerblog.com/2011/05/f1_student_visas_trivalley_uni_1.html)
Tri-Valley University President Susan Xiao-Ping Su, 41, who also served as the school's chief executive officer, is accused of engaging in a two-year scheme to defraud the Department of Homeland Security (DHS) by submitting phony documents in support of Tri-Valley University's applications to admit foreign nationals on student visas. The indictment further alleges that after obtaining such approvals, Su fraudulently issued visa-related documents to student aliens in exchange for "tuition and fees."
Su was taken into custody Monday morning at her Pleasanton, Calif., home by HSI special agents. She made her initial appearance here in federal court shortly after her arrest.
In carrying out the scheme, Su is accused of making multiple false representations to DHS through Tri-Valley University's use of the Student and Exchange Visitor Information System (SEVIS), which the U.S. government uses to monitor the "F-1" student visa program. Through her false representations, Su was able to unlawfully obtain and issue F-1 visa-related documents without regard to the students' academic qualifications or intent to pursue a course of study required to maintain a lawful immigration status.
According to the indictment, Su admitted and maintained foreign students in exchange for tuition and other payments. In furtherance of the F-1 visa scheme, Su also allegedly harbored multiple Tri-Valley University student-employees to assist her in making the false representations to SEVIS. The indictment further alleges the defendant engaged in multiple money laundering transactions totaling more than $3.2 million using proceeds she derived from the visa fraud scheme.
Read more.. (http://www.ice.gov/news/releases/1105/110502oakland.htm)
More... (http://www.visalawyerblog.com/2011/05/f1_student_visas_trivalley_uni_1.html)
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puddonhead
02-28 02:08 PM
Changing from L1 to H1 has nothing to do with your GC process.
Since you have L1 - you have most probably worked outside the US for at least 1 year with your employer. If this 1-year stint was at a managerial capacity (5-6 people reported to you at least, and you are at least 2-3 positions removed from the entry level) and was within the last 3 years - then you can apply in EB1 category.
I changed from L1-H1 as well. I was not able to apply in EB1 since my 1-year stint was outside the 3 year window.
Whether you can apply in EB1 or not has no connection with whether you are on L1, H1 or even outside the country. The EB1 requirements are similar to L1requirements (in fact identical to L1A requirements) - and that is why you see lots of L1A guys getting their GC early. There is a definite correlation - but no causation.
Since you have L1 - you have most probably worked outside the US for at least 1 year with your employer. If this 1-year stint was at a managerial capacity (5-6 people reported to you at least, and you are at least 2-3 positions removed from the entry level) and was within the last 3 years - then you can apply in EB1 category.
I changed from L1-H1 as well. I was not able to apply in EB1 since my 1-year stint was outside the 3 year window.
Whether you can apply in EB1 or not has no connection with whether you are on L1, H1 or even outside the country. The EB1 requirements are similar to L1requirements (in fact identical to L1A requirements) - and that is why you see lots of L1A guys getting their GC early. There is a definite correlation - but no causation.
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frostrated
12-01 11:37 AM
you can file a new application from scratch in EB2. you will not be able to use your husband's PD. And there will be no interuption to any case.
kumar4875
04-08 08:39 AM
I am in.I am on oncall support next week.(11to17).so any time after that will be good.
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srn04
01-19 12:04 PM
Thank you very much.
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yabadaba
10-19 09:04 AM
its applicable to everybody...if ur victim of a crime...u can get gc too.
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neeidd
07-14 01:06 PM
Hi Gurus,
I need some advice from you guys
My initial receipt date for I-485 from Vermont service center was July 7th 2007. But when I-485 was transferred to Texas service center, receipt date on I-485 is showing as September 11th 2007. Can we do anything to correct the wrong receipt dates as this might have significant impact on my processing times. Please advice
Thanks
I need some advice from you guys
My initial receipt date for I-485 from Vermont service center was July 7th 2007. But when I-485 was transferred to Texas service center, receipt date on I-485 is showing as September 11th 2007. Can we do anything to correct the wrong receipt dates as this might have significant impact on my processing times. Please advice
Thanks
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lostinbeta
10-20 09:36 PM
It is awesome :)
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perm2gc
04-20 10:15 AM
Is it possible to extend H4 status after using EAD for a person whose I-485 pending in derivative status.
I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
It seems to discuss reg. using AP to enter the country and maintaining H status.
Not sure if anyone here has done the extension of H4 after using EAD.
Cronin memo:
Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)
Appreciate any comments reg. this,
There's no 100% clear law/rule on that situation and it's somewhat up to the consulate to decide. In theory, she should have no problem getting an H-4 visa at all. However, that's based on a USCIS position saying that your underlying H-1B work authorization remains valid, even after you travel using a Parole. You're correct, though, that there's always been a logical problem with that CIS position, since your status is technically Parolee. Since the consulates are run by the USDOS, they are allowed to take their own position on that problem, so there's always at least some risk of them causing problems with an H-4 visa application. so it is better to file an H1B amendment and go for H4 stamping.
I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
It seems to discuss reg. using AP to enter the country and maintaining H status.
Not sure if anyone here has done the extension of H4 after using EAD.
Cronin memo:
Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)
Appreciate any comments reg. this,
There's no 100% clear law/rule on that situation and it's somewhat up to the consulate to decide. In theory, she should have no problem getting an H-4 visa at all. However, that's based on a USCIS position saying that your underlying H-1B work authorization remains valid, even after you travel using a Parole. You're correct, though, that there's always been a logical problem with that CIS position, since your status is technically Parolee. Since the consulates are run by the USDOS, they are allowed to take their own position on that problem, so there's always at least some risk of them causing problems with an H-4 visa application. so it is better to file an H1B amendment and go for H4 stamping.
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same_old_guy
10-23 05:31 PM
Who told you that ? I am sure it wasn't any lawyer !!
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ganguteli
02-13 02:11 PM
http://www.ptinews.com/pti%5Cptisite.nsf/0/B1F199E55E5383066525755C002FC411?OpenDocument.
Can we get any help from these guyes?
They will want H1Bs to come back to India. Helping us with the greencard does not make any business sense.
Can we get any help from these guyes?
They will want H1Bs to come back to India. Helping us with the greencard does not make any business sense.
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sunny1000
03-28 01:06 AM
Hi all,
I am on H4 visa now. Got a long awaited job (with EAD) which will start in June 2011. My I-94 is till september 2010 becoz H4 is stamped till that date. But I have I94 with I-797 till June 2011(6 years of H4). I want to travel to India before i start my job, probably in may. My husband is still on H1 visa eventhough he has EAD.
1.Can i travel on H4 status as i m not holding a job right now? My 797 is only till june 2011. If i go for stamping, it is more likely to get rejected.
2. Can i use EAD and AP eventhough i am not working rightnow? Are there any chance of denying my reentry with AP?
I cannot afford to loose my job and due to personal reasons, i can't avoid the travel. Please give your valuable advice.
You can use your AP for travel and come in as a Parolee even if you are not working.
Since you think you will have trouble getting H4 stamped, coming in using AP is the best thing to do.
Usually, travel with AP is smooth. If the officer asks you the reason for your travel, tell him/her that you went to see your family (don't say that you went on vacation). Make sure that you take the copy of your I-485 receipt notice and your original EAD with you, just in case. You will be sent for secondary inspection but, don't worry, that is normal practice for Parolees.
Good luck with your travel.
I am on H4 visa now. Got a long awaited job (with EAD) which will start in June 2011. My I-94 is till september 2010 becoz H4 is stamped till that date. But I have I94 with I-797 till June 2011(6 years of H4). I want to travel to India before i start my job, probably in may. My husband is still on H1 visa eventhough he has EAD.
1.Can i travel on H4 status as i m not holding a job right now? My 797 is only till june 2011. If i go for stamping, it is more likely to get rejected.
2. Can i use EAD and AP eventhough i am not working rightnow? Are there any chance of denying my reentry with AP?
I cannot afford to loose my job and due to personal reasons, i can't avoid the travel. Please give your valuable advice.
You can use your AP for travel and come in as a Parolee even if you are not working.
Since you think you will have trouble getting H4 stamped, coming in using AP is the best thing to do.
Usually, travel with AP is smooth. If the officer asks you the reason for your travel, tell him/her that you went to see your family (don't say that you went on vacation). Make sure that you take the copy of your I-485 receipt notice and your original EAD with you, just in case. You will be sent for secondary inspection but, don't worry, that is normal practice for Parolees.
Good luck with your travel.
more...
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pt326bc
09-30 07:19 AM
With GC process bound to take long, staying at the same place to avoid changing address may be a big challenge.
Has anybody considered using PO box for address on I-485? My lawyer did not allow me to use PO box during July 2 filing.
Will it be possible to go online and change to PO box address for I-485?
Does INS has any issues in sending GC to po box address?
I don't think that's possible. USCIS wants a physical address where you stay and will not deliver mail to PO box. In fact there is no forwarding of documents sent by USCIS too. They are all returned to USCIS.
This issue I think originates from the fact that USCIS wants to know where all aliens are physically staying.
I wanted to have a PO box to avoid any issues with mail theft and my lawyer said its not possible.
Anything different coming from your lawyer would be welcome.
Regards.
Has anybody considered using PO box for address on I-485? My lawyer did not allow me to use PO box during July 2 filing.
Will it be possible to go online and change to PO box address for I-485?
Does INS has any issues in sending GC to po box address?
I don't think that's possible. USCIS wants a physical address where you stay and will not deliver mail to PO box. In fact there is no forwarding of documents sent by USCIS too. They are all returned to USCIS.
This issue I think originates from the fact that USCIS wants to know where all aliens are physically staying.
I wanted to have a PO box to avoid any issues with mail theft and my lawyer said its not possible.
Anything different coming from your lawyer would be welcome.
Regards.
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waitingnwaiting
12-03 02:03 PM
I got laid off recently.
Now got job with 2 companies. 1 small and 1 big. 3 questions:
(1) Should I select based on my salary? Big company offers more salary.
(2) I have to now start Greencard again. So should I choose big company or small ? Both said they will consider sponsoring if performance is good.
(3) If I transfer H1B Is Big company likely to get RFE or small?
Now got job with 2 companies. 1 small and 1 big. 3 questions:
(1) Should I select based on my salary? Big company offers more salary.
(2) I have to now start Greencard again. So should I choose big company or small ? Both said they will consider sponsoring if performance is good.
(3) If I transfer H1B Is Big company likely to get RFE or small?
more...
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a_yaja
03-02 09:09 AM
Typically I-94 card will be given with an expiry date, which I belive will not be _beyond_ expiry date of the Visa in the passport.
Hope this helps!!
My brother's in-laws were given a six month visa @ Chennai Consulate. They arrived in the US after 4 months. The officer at the POE stamped 6 months from date of arrival (4 months after visa expiry), even though his in-laws asked only for 3 months.
Hope this helps!!
My brother's in-laws were given a six month visa @ Chennai Consulate. They arrived in the US after 4 months. The officer at the POE stamped 6 months from date of arrival (4 months after visa expiry), even though his in-laws asked only for 3 months.
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jatinr
01-17 11:05 PM
I have received 485 receipts and PD field is empty. My I-140 which was already approved has the priority date specified in it.
Is there anyone who has this column filled in their 485 receipt?
Is there anyone who has this column filled in their 485 receipt?
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forgerator
05-19 07:01 PM
Welcome to the length/hassle prone/worry-filled process of obtaining the H1B Visa Stamp!
eagerr2i
08-28 09:39 AM
?? Could you please phrase your question once again? It is not clear what you are trying to ask this forum.
SBH
01-10 12:13 PM
Hi,
I am going to Mexico for H1b stamping next week. My I797 does not have my middle name. I used my middle name on all previous occassions like F1 Visa.
My passport also has the middle name in it.
Please let me know if anybody you know has faced such a situaiton. Is this a big deal ? Any help in this matter is highly appreciated.
Regards
SBH
I am going to Mexico for H1b stamping next week. My I797 does not have my middle name. I used my middle name on all previous occassions like F1 Visa.
My passport also has the middle name in it.
Please let me know if anybody you know has faced such a situaiton. Is this a big deal ? Any help in this matter is highly appreciated.
Regards
SBH
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