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  • vishwak
    03-09 12:41 PM
    Hi All,

    Please advise me on status below.

    My wife currently working on EAD, previusly she is on H1B and here employer cancelled H1B when she took permanent.
    Before coming to EAD, she travelled abrod and got I-94 till Sep-2010.
    My Question is: Does she needs to get new I-94 after Sep-2010. I believe if she goes out of country she gets I-94 when travelling with AP...is this correct?? Can someone please tell me necessary steps to take care to maintain status when on EAD.

    Thanks,
    Vishwa.





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  • kart2007
    10-24 06:38 PM
    I have called the IRS for this scenario and the IRS rule is that the dependent has to be present in US for at least 180 days. Also they need to have an ITIN applied for (you can also apply for ITIN while filing your taxes).





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  • smuggymba
    09-30 03:04 PM
    mods - please delete





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  • satyasaich
    07-03 02:16 PM
    It's true that one has to mention about 485, select a choice between consular processing vs processing with in USA. this is usually done while applying for 140.
    However, one can always make an amendment (to either approved 140 or 140 in pending ) to change the choice

    by doing so, one has to wait for a bit longer time. (but, what difference it makes in these days of retrogression?)


    I heard Changes must be made in I140 to do Consular processing from I485



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  • lazycis
    01-15 12:16 PM
    Wow! That should save me a bunch. I smell immigrationvoice is getting another donation soon :).

    Now what aranya said would be wrong right? I just want to confirm as quite a few employers follow this practice. As mine is a govt. agency if it is a law I assume they will follow it. But just wanted to confirm..

    Thanks!!

    Quite a few employers do not pay full salary while you are on the bench. It does not mean it's lawful.

    Here is the link to access the regulation in question
    http://frwebgate1.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=41788073114+1+1+0&WAISaction=retrieve

    Look at page 132.





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  • champu
    03-09 03:31 PM
    start a consulting company. ;)



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  • sanjay
    08-20 09:07 AM
    My 140 was approved in 2007 and today I got a text message on phone that my application is sent to Nebraska, NE to review and status changed from Approved to Initial review.

    Had any one been in same situation or had seen this before with some one else?





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  • nifedge
    04-23 10:01 AM
    Hello!

    I am in a similar situation. My Passport expires on June 16th 2009, so I got a I-94 that a D/S Date of June 15th 2009. My H1B and I-797 is valid till Oct 22 2009. My Employer contacted me last week saying that my work status expires on June 15th and I need to show new work status to continue working.

    As per my attorney, the date on the latest I-94 is THE most important date which dictates how long you can be legally employed as a non-immigrant, it is NOT the date on H1B stamp or I-797 (I-94 date is always equal or earlier than the date on I-797).

    So, I am lucky to have EAD through my wife's GC application and I am being forced to switch status to EAD. Since my wife and I work for the same company, I am very worried switching to EAD as there are layoffs imminent in my wife's department, which poses risk to her and me too (if I am on EAD).

    One line answer: Your wife should switch to EAD right before her I-94 expires.

    My obvious advice is to consult a lawyer.

    Anyone on the forum, if you think what I said is wrong, please correct me.



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  • rockstart
    07-07 08:30 AM
    Is your PD current? Can you post details just wondering in case your PD is not current is USCIS still working on your case and preparing for future.

    I just received this RFE on my spouse's I-485 application. It states that while the applicant's name is spelt **i**** on the application it is spelt **ee**** on the birth and marriage registration certificate. The RFE states that they require some sort of document to show that name was officially changed. In a following note the RFE states that the document (I would assume the green card) that the USCIS will issue will be issued in the name on the birth certificate instead of on I-485 application if sufficient proof of registration of name change is not provided. Only a copy of the passport will not be treated as sufficient proof and supporting documentation that the name was registered with authority has to be provided for the USCIS to accept the name change.

    Did anyone face this type of issue. What did you do. Any information would be appreciated as I have no clue about how to deal with this. I will ofcourse consult a lawyer at the beginning of next week but would like some advice.





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  • pa_arora
    06-25 01:35 PM
    Apply with current passport copy. Also attach the receipt of Renewal of Passport.
    Don't wait for July to pass.

    And for Affidavits, my attorney wants copies not the originals.

    Good Luck



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  • mhtanim
    11-12 03:16 PM
    http://mexico.usembassy.gov/eng/evisas_third_country.html

    I wonder if 3rd country nationals were allowed to apply for a visa in the past in Mexico.

    I came into the U.S. 8 years ago on F1 visa, graduated, found a job and got status changed to H-1B. It's odd to see people like me will not be allowed to apply for a H-1B visa in Mexico.





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  • arnet
    09-15 06:17 PM
    start your GC process soon. atleast it will take another 5yrs to get it in EB2 category. good luck!!!!!:)



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  • mambarg
    07-26 12:57 PM
    This person mailed on June 28 and app received on June 29 and got his notice date on July 24. Today.
    I could have been with him today but for my attorney who got extremely busy and did not file my 485 with 140 and got stuck with July fiasco





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  • Kitiara
    10-08 08:22 AM
    All of them are very well done, but BBatPA's just appeal to me the most. :)



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  • unseenguy
    06-19 01:27 AM
    Hello All,
    I am contacting you regarding an Inquiry of
    " H1B Approved without I-94 and to appeal for I-290B.

    I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.



    After filing, i received the receipt number and started working immediately from then onwards.



    On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.



    On May 21st 2009, i received a letter from USCIS

    saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.

    Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\

    Please advice me what should i do.
    If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.



    Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.


    Third Query is should i apply for a new H1 and continue working.



    Please advice me on this issue.


    Hoping to hear from you Soon.


    Thanks a lot for your help,


    You have been working illegally and hence do as directed on the petition. I am not sure 290B is going to help you.





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  • Steve Mitchell
    March 28th, 2004, 11:33 PM
    I am sooo happy I'm almost always on the other side of the lens. Caught me with a mouth full of gum as well. I look like I have a broken jaw.
    Here was my shot from this evening's game..

    Staring off into space, Steve wonders about life, the future, and the outcome of the game.



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  • gcapply
    09-15 10:48 AM
    hi is there any hope for eb-2 india?since its has retrogressed,can we expect any forward movement in the next few months?is there any chance of further retrogression?are there too many cases coming out of back log centres?
    my case r got cleared from backlog centre few months back and i-140 recently approved,my pd is oct 2002 eb-2.iam so unlucky for the past so many yrs ,now that its approved i dont have a chance to apply for 485 as dates retrogressed.is there any hope in the next few months for a forward movement?by 2007 oct eb-2 will it be able to reach atleast 2003 end or 2004 begining?





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  • radhagd
    01-05 09:24 AM
    Well, I won't blame you guys for your decision if things do not work out. I know that it is very difficult to predict , I am going to go with EB2 06 .Just wanted to know what you would do if you were in my shoes.


    If I am you I would go with EB3 I140 and once it gets approve get a copy
    of approval and wait until Eb2 date crosses 2004 and find a desi consultant
    file labour under Eb2 and file I140 port my PD to EB2 .After filing 485 you
    can join desi company at that time.





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  • reddymjm
    10-04 04:05 PM
    GOOD. IV will be free from some head ache.:)





    Legal_In_A_Limbo
    04-28 08:27 PM
    If you dont mind, can you keep us updated.
    I will really appreciate that.





    Daisy
    05-25 04:35 AM
    Fax sent



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