BumbleBee
03-31 10:05 AM
From over an year, I have been working on EAD. Recently I resigned from my job, however I am still looking for a new job. I have a few questions related with EAD:
Thanks.
Yes, please fill out your profile to help IV.
1. Even after leaving the company, is it legal for me to stay in the country and for how long?
As long as I-485 is pending or approved.
2. Can I look for any kind of job on EAD or there is any restrictions?
Technically, Yes. But keep a job offer(in similar occupation as GC labor) in hand
3. Is it possible that my former employer can cancel my EAD?
No, employer has no say on EAD/AP/I-485. But the original employer can cancel I140 and that in turn would trigger I485/EAD/AP cancellation. Use AC21 to avoid getting denial.
4. If I find a new job, do I have to use immigration lawyers of my former employer to help renew my EAD, travel document etc. from time to time or I can hire another immigration lawyer?
You can use any immigration lawyer, or you can do it yourself. I have renewed my EAD/AP myself last 5 years.
Hope that helps.
Thanks.
Yes, please fill out your profile to help IV.
1. Even after leaving the company, is it legal for me to stay in the country and for how long?
As long as I-485 is pending or approved.
2. Can I look for any kind of job on EAD or there is any restrictions?
Technically, Yes. But keep a job offer(in similar occupation as GC labor) in hand
3. Is it possible that my former employer can cancel my EAD?
No, employer has no say on EAD/AP/I-485. But the original employer can cancel I140 and that in turn would trigger I485/EAD/AP cancellation. Use AC21 to avoid getting denial.
4. If I find a new job, do I have to use immigration lawyers of my former employer to help renew my EAD, travel document etc. from time to time or I can hire another immigration lawyer?
You can use any immigration lawyer, or you can do it yourself. I have renewed my EAD/AP myself last 5 years.
Hope that helps.
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meetpravee
03-31 11:50 PM
Thanks wandmaker.. Could you please point me to the link/any information related to the documents my parents need if I am inviting them. Any information on things they need for visa interview is much appreciated.
cessua
07-06 09:11 PM
Same thing...
http://www.cbc.ca/cp/technology/070705/z070502A.html
http://www.cbc.ca/cp/technology/070705/z070502A.html
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roseball
10-19 10:50 AM
A startup in the area filed for my PERM and it was approved in June 2010. Right now, they are in a mess about their tax returns and reauditing with their CPA and it seems that they will not be able to provide tax statements for this year end.
That will cause the PERM to expire without filing I140 since PERM expires in Dec. Is there anyway for us to file extension for the PERM ? More than 180 days...
I think they should still be able to file your I-140 in regular processing by not including the latest tax papers (include previous years). Since it takes a few months to process I-140 under regular filing, they will likely issue an RFE asking for tax documents. Hopefully, by then they are done with their audit and would be able to reply to the RFE with tax documents or provide explanation on why they cannot provide the requested documents but they can provide any other document that proves their ability to pay. That way, you won't lose your approved PERM.
That will cause the PERM to expire without filing I140 since PERM expires in Dec. Is there anyway for us to file extension for the PERM ? More than 180 days...
I think they should still be able to file your I-140 in regular processing by not including the latest tax papers (include previous years). Since it takes a few months to process I-140 under regular filing, they will likely issue an RFE asking for tax documents. Hopefully, by then they are done with their audit and would be able to reply to the RFE with tax documents or provide explanation on why they cannot provide the requested documents but they can provide any other document that proves their ability to pay. That way, you won't lose your approved PERM.
more...
masti_Gai
09-25 03:31 PM
NOTANYMORE
after bi-specialization of centers
140 is taking more time.
I filed 140 in May second week
no response yet:eek: :eek: :eek: :eek:
after bi-specialization of centers
140 is taking more time.
I filed 140 in May second week
no response yet:eek: :eek: :eek: :eek:
glus
04-18 12:20 PM
If one applied for his I-485 before the H-4 visa was expired, then not a problem. The minor could obtain a new h-4 visa stamp overseas. He / she should take AP with her / him just in case they can't issue a visa for any reason.
Generally speaking, one who has a pending form I-485 is not obligated by law to maintain any other status such as H-1 or H-4 and the time after the expiration of such a status is not counted as unlawful presence as long as the pending i-485 is not denied.
Generally speaking, one who has a pending form I-485 is not obligated by law to maintain any other status such as H-1 or H-4 and the time after the expiration of such a status is not counted as unlawful presence as long as the pending i-485 is not denied.
more...
sledge_hammer
07-01 08:54 PM
^^^^
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newtoh1
04-29 04:37 PM
1)My I 94 expires in 2 months.I don't want to extend H1 and I want to use EAD.So how can I extend my I94 if I start using EAD?
2)I finished 4yrs of stay on H1B. If I don't extend H1B now and start using EAD, if by any reason my 485 denies in future, can I switch back to my H1B and work for the remaining 2yrs on H1B?
2)I finished 4yrs of stay on H1B. If I don't extend H1B now and start using EAD, if by any reason my 485 denies in future, can I switch back to my H1B and work for the remaining 2yrs on H1B?
more...
LegallyWise
09-20 08:57 PM
I would appreciate a response to my immigration questions as discussed below from anyone knowledgeable on the nuances.
I immigrated here at the age of 5 (in 1988) with my parents. We overstayed our visitor visas.
In 2004, I married my high-school sweetheart, he petitioned for me and in 11/2005 we interviewed and I obtained my conditional permanent residence.
In 9/2007, we signed the documents to convert my conditional to legal permanent residence. I became a legal permanent resident in 8/2008.
After the signing by both parties but prior to receiving permanent residence, in 10/2007, he filed for divorce claiming constructive abandonment for 10 months. This was not what happened, and I was legally unwise, so I did nothing and signed the papers. I consulted my immigration counsel (in 8/2008 after receiving legal permanent residency) and the paralegal gave me the roundabout about having to see the divorce papers and he said that I may be penalized for the divorce at the time I apply for citizenship because of the 10-month constructive abandonment provision.
I consulted with another immigration lawyer who said this would not be a problem at all.
I have left the situation alone until now. I am looking to leave the my current immigration counsel due to their incompetence.
1. When can I become a citizen (do I have to wait 5 years from 11/2005 due to the divorce)?
2. What are the foreseeable problems when I apply for citizenship?
3. Do I have to take any other steps?
I look forward to any responses on this and appreciate the help in advance.
Thank you.
I immigrated here at the age of 5 (in 1988) with my parents. We overstayed our visitor visas.
In 2004, I married my high-school sweetheart, he petitioned for me and in 11/2005 we interviewed and I obtained my conditional permanent residence.
In 9/2007, we signed the documents to convert my conditional to legal permanent residence. I became a legal permanent resident in 8/2008.
After the signing by both parties but prior to receiving permanent residence, in 10/2007, he filed for divorce claiming constructive abandonment for 10 months. This was not what happened, and I was legally unwise, so I did nothing and signed the papers. I consulted my immigration counsel (in 8/2008 after receiving legal permanent residency) and the paralegal gave me the roundabout about having to see the divorce papers and he said that I may be penalized for the divorce at the time I apply for citizenship because of the 10-month constructive abandonment provision.
I consulted with another immigration lawyer who said this would not be a problem at all.
I have left the situation alone until now. I am looking to leave the my current immigration counsel due to their incompetence.
1. When can I become a citizen (do I have to wait 5 years from 11/2005 due to the divorce)?
2. What are the foreseeable problems when I apply for citizenship?
3. Do I have to take any other steps?
I look forward to any responses on this and appreciate the help in advance.
Thank you.
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desi3933
02-04 09:20 AM
On your I-485 approval, H4 status is lost and no longer valid.
Incorrect!
If the person is out of country while on H1/H4 and I-485 is approved, he/she can enter USA on valid H1/H4 visa stamp and will be offered Deferred Inspection. In most cases, they have to report within 7-14 days to local USCIS for passport stamping.
I suggest that you get more details about Deferred Inspection with your attorney.
________________________
Not a legal advice.
US citizen of Indian Origin.
Incorrect!
If the person is out of country while on H1/H4 and I-485 is approved, he/she can enter USA on valid H1/H4 visa stamp and will be offered Deferred Inspection. In most cases, they have to report within 7-14 days to local USCIS for passport stamping.
I suggest that you get more details about Deferred Inspection with your attorney.
________________________
Not a legal advice.
US citizen of Indian Origin.
more...
Steve Mitchell
December 24th, 2003, 11:19 PM
Black and white does look more "timeless"
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green_4545
03-07 10:26 AM
My current title is Software engineer and my company is promoting me to Senior Software Engineer. I am on H1 and have filed I-485 in last July and also have approved I-140. This is just the title change and my duties will be same.
(1) Does my company need to file H1 amendment to keep me on H1 or do I have to necessarily switch to EAD?
(2) Does anything changes with respect to GC process?
(3) Do I need to have any specific paper work from the my company that job duties are same?
Any help is greatly appreciated.
(1) Does my company need to file H1 amendment to keep me on H1 or do I have to necessarily switch to EAD?
(2) Does anything changes with respect to GC process?
(3) Do I need to have any specific paper work from the my company that job duties are same?
Any help is greatly appreciated.
more...
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dollar500
08-14 09:06 PM
Thank you for the email.
I have my I 140 approved long time back--Dec 2006 (I dont know which service center). So it was not concurrent filing.
If that's the case why people in this forum are so concerned about Texas SC. By that nobody on July 2nd should have filed to Texas, unless he/she is doing concurrent!
please clarify
I have my I 140 approved long time back--Dec 2006 (I dont know which service center). So it was not concurrent filing.
If that's the case why people in this forum are so concerned about Texas SC. By that nobody on July 2nd should have filed to Texas, unless he/she is doing concurrent!
please clarify
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zappy
01-26 03:46 PM
My status on I-140 changed to "Request for Additional Evidence". Notice was sent only on 25th, so I don't have any more details yet.
Just wondering if anybody has any idea what it could be?
Just wondering if anybody has any idea what it could be?
more...
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days_go_by
07-20 01:01 PM
I wouldn't say Gates is a loser, but whoever really believes this is one.
--
just relax, check his id "nonimmi", he/she would say that.
--
just relax, check his id "nonimmi", he/she would say that.
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rockstart
07-02 03:19 PM
When my I 140 was approved I was not married so the only name was mine. But during July 07 time I was married so was able to file I 485 for both.
If wife name is not mentioned what is the consequence?
If wife name is not mentioned what is the consequence?
more...
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lisunysb
08-04 03:38 PM
Hi,
I am in the process of moving between jobs. The old job is a teaching job in a university and the new one is a research position in a non-profit think tank. So there is no H1B quota issue for both jobs.
The H1B for the old job won't expire unit next year. I have received the H1B for the new job. The start date for the new H1B is Sept. 1st.
My question is: Can I start my new job before Sept. 1st? I understand that for H1B transfer, one can start the new job once the application receipt from USCIS is received. But in my case, I have already got the new H1B and the start date on that is Sept 1st.
Thanks for your help.
Shan
I am in the process of moving between jobs. The old job is a teaching job in a university and the new one is a research position in a non-profit think tank. So there is no H1B quota issue for both jobs.
The H1B for the old job won't expire unit next year. I have received the H1B for the new job. The start date for the new H1B is Sept. 1st.
My question is: Can I start my new job before Sept. 1st? I understand that for H1B transfer, one can start the new job once the application receipt from USCIS is received. But in my case, I have already got the new H1B and the start date on that is Sept 1st.
Thanks for your help.
Shan
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ckpas
09-23 02:21 PM
After the appeal sent by my employer, my PERM case shows status as "in-process". Does it mean it will fall under usual processing times ? Can I expect a response in the coming months ? Please let me know . I would appreciate if anyone can give some info on this.
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va_il
04-04 12:23 PM
Thank you seahawks for sharing your info. I think the name change will be of concern only if it happens after I140 approval.
WaitingUnlimited
09-21 02:24 AM
Hi,
My H1 and my wife H4 were extended for three years in this Feb and we both have visas until feb 2012 based on th0se extensions.
Now I changed to new job and my H1 is extended to Sep 2012. But my employer said that there is no need to extend H4 because she already has visa and I94 until Feb 2012 and advised her to use my H1 approval while reentering into USA next time to get I94 until Sep 2012 at POA.
Is that fine? Basically can my wife be in US based on I94 that is based on my previous company H4?
Thanks in advance
WA
My H1 and my wife H4 were extended for three years in this Feb and we both have visas until feb 2012 based on th0se extensions.
Now I changed to new job and my H1 is extended to Sep 2012. But my employer said that there is no need to extend H4 because she already has visa and I94 until Feb 2012 and advised her to use my H1 approval while reentering into USA next time to get I94 until Sep 2012 at POA.
Is that fine? Basically can my wife be in US based on I94 that is based on my previous company H4?
Thanks in advance
WA
rahulp
01-11 12:25 PM
Hi,
farras
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