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  • gccovet
    08-22 10:30 AM
    Coming back on H-1B after using EAD
    =========================
    Is it possible ? if yes then how ?
    Is there any risk in this ?

    Thanks for all who reads and reply..

    I am not 100% sure on this reply ....

    As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.

    Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.

    You may want to check with some good attorney though.

    Sorry, not much help.

    Good luck.
    GCCovet





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  • smodekurti
    05-19 11:32 PM
    mrane1,
    Did you get back the documents from USCIS ? I too have done similar mistake sending the applications 2 days in advance. Not sure when would I get the application back.





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  • bsbawa10
    08-20 08:13 PM
    USCIS is really playing basket ball with my case. I am desperately to know why ? (NSC->TSC->CSC->TSC)

    History of events

    July 21, 2007: Filed I485 with NSC

    Sometime between July , 2007 and Aug , 2007: Case Transferred to TSC

    July 21 2008: Case Transferred to CSC : Reason given "To speed up processing"

    Aug 14, 2008 : Case Transfered to TSC : No reason given.

    Anybody in same boat ?





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  • royus77
    09-02 05:07 PM
    Please stop opening new threads which are not related to immigration



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  • bluekayal
    10-22 08:29 PM
    call again using POJ method. But don't lose sleep.





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  • psaxena
    03-03 03:17 PM
    May be later will have the PD for the namecheck and FBI Name check bulletin. Then will all discuss to propose a new bill to reform FBI Name check retrogression(ofcourse at the same time fighting about caste/Race/Color/blah blah)

    IV admin please make a section for the entry of the FBI NC PD also.:D:confused:



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  • smsthss
    11-15 01:13 PM
    I am working as a full time emp and not as a consultant. So i think i dont have to worry about client letters.

    So according to you, i am eligible for another 3 year extension based on approved I-140 irrespective of whether my I-485 has been filed or not?

    What i have been reading in some forum is that, if you have an approved I-140 and if your I-485 has not been filed due to retrogression, then you are eligible for 3 year extension. If you have an approved I-140 and if you have already filed your I-485, then you are eligible only for 1 year extension.

    If anyone has been in such a situation, if you know please let me know which one is correct.. or please forward me to any article.

    smsthss:
    1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.

    2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.

    Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)





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  • paskal
    08-23 01:54 PM
    this is just the kind of thing we want to fight! terrible situation...
    please help iv's efforts to end retrogression for all.
    please all come to the rally, volunteer, contribute and spread the word!



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  • rocky123
    05-01 09:31 PM
    I complete 6 yrs on H1-B in August, 2007

    Have PERM/I-140 approved with 3 yr H1B extension from August 2007 to Feb 2010.

    Have a good job offer from company B, but seek your clarifications before I move further.

    a. If I move now, can I take my 3 yr extension filed by company A with me or

    b. should I join company B in September 2007( when I complete 6 yrs) during the 3 yr H1B extension period ?

    Kindly help me out.

    I am not worried abt porting the PD as I don't mind waiting on H1 forever as the wait for GC
    is making my life miserable.

    Thanks





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  • dan19
    11-07 02:07 PM
    rheoretro,

    Many of the threads posted here are not directly related to "Employment-Based Green Card Retrogression". Most of them are related to problems we immigrants face day after day.

    I started this thread with a good intent. Many people who are searching for jobs are lured by "flashing advertisements" in sulekha. They find out the reality only once they start working for them and "Green Card" is sponsored.

    So if each one of us can post about good consulting companies we know about, it will help the current job hunters. (By the way, as far as I know, the majority of us in this forum work as consultants rather than as full-time employees)



    And what would that list of "good consulting companies" have to do with IV? Or Employment-Based LEGAL IMMIGRATION?



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  • waiting4gc
    06-29 01:18 PM
    My lawyer asked me to use A# on OPT card as the A# on my 485 application. USCIS does not normally assign A# when 140 is approved. There are only rare scenarios when it does that. Please use the A# on your opt card so that USCIS can easily find your records from the student days.

    I was a student on f1 and had applied and used my OPT period. The OPT card has A#. I am applying I-485 with I-140 pending and have I-140 reciept

    Should I use the OPT A# everywhere on the application?


    I do not have any other documentation related to my OPT except the expired OPT/EAD card. IS this suffiecnt documentation?


    There is question on the I-765 which ask IF i had applied for EAD before. WOuld the answer to this be yes I have used OPT before? If yes what is the location of the USCIS office where I applied. I have no clue about this





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  • cessua
    11-07 05:41 PM
    Here is where you will be able to find the best consulting companies and all kinds of information about them:

    http://vault.com/

    Saludos y buena suerte!



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  • martinvisalaw
    06-12 05:18 PM
    The person should be eligible for H-1B (even if 6 years are complete) as he/she has I-140 pending or approved. If I-140 is pending, then H-1B can be filed for 1 year extension, if I-140 is approved then H-1B extension can be upto 3 years.

    My 2 cents.

    Yes, she should be able to extend, but we don't know all the facts so cannot say for sure, especially if the former employer withdraws the I-140.





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  • EB3_SEP04
    06-30 09:48 AM
    I have a question regarding where to file my EAD renewal application. I am a July filer NJ resident and my I-485/EAD/AP were sent to Nebraska and got the AP/EAD approved through Nebraska going by my LIN no. As per the (C)(9) rules it says NJ residents should file to Texas service center and somewhere else I read that my EAD renewal application should be sent to the location where my I-485 is getting processed.

    Please share your experiences.

    Thanks

    You will need to send your application to TEXAS because you live in NJ. It does not matter 1. where you sent it last year 2. what service center approved it last year 3. if your EAD card # starts with LIN/EAC/WAC.

    Please do not get confused, stick to what the latest instruction document says:
    http://www.uscis.gov/files/form/I-765instr.pdf



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  • joydiptac
    12-08 05:21 PM
    I agree ...now take a vaccation for the 4 months since anyways you are not getting paid. BTW, nothing stops u from taking up a part time job ;-)



    Hi Raj

    You waited this long and is really required to wait for another 4 + months. It is upto your best judgement but if i were you I will pass on these 4 months....

    Thanks





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  • CareerHit
    10-14 11:02 PM
    Hi
    I'm on h1 and also have an EAD
    My current job is on my h1. And I have an EAD, but never used it.
    Question: Can I work pat time on my EAD and still retain my h1.

    Any pros and cons?

    Thanks
    Tejal



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  • bestia
    03-12 03:18 PM
    Both lawyers are right. To get the correct answers you have to be asking correct questions.

    If you want to port your priority date to new employer, you have to file PERM and I-140 with new employer. Since you have PERM and I-140 already approved - you can do that.

    From the other side, since you already filed your I-485, you don't have to do anything. You don't need your PD ported, just use AC21 and wait for your GC.

    The only issue is that you never worked for sponsoring employer, USCIS might want some evidence that you really had/have intent working for him and will demand explanation why you are not working for them and never worked. This issue will disappear if you will refile PERM/I-140 with new employer.





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  • statuslaw
    01-31 12:03 PM
    I got an email from DOS (TRTClearanceResponses@state.gov) as follows:

    Dear XXX

    We can now conclude your application for a nonimmigrant visa. Please mail the following items to the Non-Immigrant Visa Unit, 360 University Avenue , Toronto , ON M5G 1S4 or appear with them in person at 225 Simcoe St. at your earliest convenience within sixty (60) days of this notice, Monday through Thursday between the hours of 9 AM and 11 AM , excluding U.S. and Canadian holidays. No new appointment is necessary. Please mail or bring:

    o This request.

    o The notice of suspension TRT/NIV-13(A) received at your interview.

    o Your passport (must be valid for at least 6 months from today�s date).

    o All documents that you submitted with your original application (e.g. I-797, I-20, DS-1029, etc.).

    o A self-addressed, prepaid Canada Express Post mailer.

    o USD or Mastercard/Visa credit card to pay any visa reciprocity fee noted at http://travel.state.gov/visa/reciprocity/index.htm.

    o NO electronic items, food or liquids.

    It may take an additional workweek to prepare your visa after you appear here or these items reach us by mail. Please understand that U.S. law makes the applicant, and not the U.S. government, solely responsible for qualifying for a visa in time to suit his/her needs. We can offer no prior assurance of eligibility to any applicant for any reason at any time.

    Should I contact US Consulate in Toronto for confirmation before go to Toronto for my visa interview?

    Thanks!





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  • seltzer
    02-12 03:42 PM
    Yes, that is not only possible, but safer than using EAD. If your I-485 is denied for whatever reason, you still have H1-B with which to keep working. Once you use EAD, you lose H1-B status, and if I-485 is denied, you are out of status and must leave the country immediately.





    FrankZulu
    08-15 05:01 AM
    3) Lets say I move back to India after getting the green card, is it enough to simply enter the US once a year to keep my green card active? Can I apply for citizenship after 5 years of having the green card, even though I haven't resided in the US for those 5 years?
    Thanks.

    You have to enter US once at least in 6 months & not 1 year.





    talduk
    March 24th, 2005, 04:04 AM
    Thank so much for your reply. However, this was my first attempt with the camera so I used new batteries (six). Nontheless, I will try to change it.
    Thanks.