Ramba
04-09 06:08 PM
Here is my situation:
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
You can enter with previous company H1 visa, only if you are maitaining that status (H1) with new company. As you are currenty working on EAD with other emplyer, the previous H1B visa has no use. You need AP to enter, as you are in pure AOS.
However, you can enter in H1B visa, only if you are going to work for the previous comapany upon arrival to USA (provided thay have not cancelled the H1, and still they have job offer to you upon arrival). If you do so, your 485 will get abonded, as you travelled without parloe when you are in AOS. If you want to protect 485, you must get AP before leaving. H1B visa will be usefull, only if you maintain H1 status just before leaving US and resumes H1 after arrival.
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
You can enter with previous company H1 visa, only if you are maitaining that status (H1) with new company. As you are currenty working on EAD with other emplyer, the previous H1B visa has no use. You need AP to enter, as you are in pure AOS.
However, you can enter in H1B visa, only if you are going to work for the previous comapany upon arrival to USA (provided thay have not cancelled the H1, and still they have job offer to you upon arrival). If you do so, your 485 will get abonded, as you travelled without parloe when you are in AOS. If you want to protect 485, you must get AP before leaving. H1B visa will be usefull, only if you maintain H1 status just before leaving US and resumes H1 after arrival.
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drirshad
08-07 07:28 AM
Guys does RD change every time we get a I-485 notice. The first receipt I got shows correct RD as July 02, 2007 then the second notice that was send Oct 07 to say my case has been transferred to Lincoln has an RD of Sep 08, 2007 does this RD change every time the receipt notice is sent. Does it matter if it changes.
KbK
07-20 04:38 PM
Hi eagerr2i,
Can you give some details about, how to get the certification. My wife is also doing her teaching credentials in the community college and we live in california.
Thanks buddy for your help.
Can you give some details about, how to get the certification. My wife is also doing her teaching credentials in the community college and we live in california.
Thanks buddy for your help.
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anil_gc
11-26 05:05 PM
are you EB1, EB2 or EB3 and which Country?
EB2-India, PD-Sept 2003, I-485 file Filed 26th June, RD- 4 Aug 2007 , I-140 was approved in May 2007
EB2-India, PD-Sept 2003, I-485 file Filed 26th June, RD- 4 Aug 2007 , I-140 was approved in May 2007
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whiteStallion
11-18 09:31 PM
I guess you already know but can't help to remind this :
USPS has a system of mail-forwarding. After leaving your old-address, if you notify USPS, USPS will continue to forward all your first class mails to your new address specified by you. You can do it Online @ usps.com... I guess they charge $1 for verifying your address from the CC address, if you do it online(which I did).
So, NO, your mails will not be lost!
Did you even read my first post?
No one would like their documents delivered to a wrong address, sent back and lost in mail etc?
USPS has a system of mail-forwarding. After leaving your old-address, if you notify USPS, USPS will continue to forward all your first class mails to your new address specified by you. You can do it Online @ usps.com... I guess they charge $1 for verifying your address from the CC address, if you do it online(which I did).
So, NO, your mails will not be lost!
Did you even read my first post?
No one would like their documents delivered to a wrong address, sent back and lost in mail etc?
smaram1
08-14 02:23 PM
^^
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Sai gc
05-12 10:49 AM
Anyone please advice.
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FixCIS
01-24 12:51 PM
Can the period for which PD was not current be taken into account while counting the wait period?
Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?
amsgc, filing a WOM while your PD is not current will not work. The US Attorney will simply dismiss your action as moot, or in the best case scenario, you will have to hold your case in abeyance while you wait for the PD to become current again. The idea of adding the department of state as a defendant is not likely to work.
Living in NDCA, your best bet is to file the WOM. There is no need to wait for the congressman or first lady's response.
Aside from the obvious AP EAD issues, how has the GC delay affected your life or inconvenienced you?
Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?
amsgc, filing a WOM while your PD is not current will not work. The US Attorney will simply dismiss your action as moot, or in the best case scenario, you will have to hold your case in abeyance while you wait for the PD to become current again. The idea of adding the department of state as a defendant is not likely to work.
Living in NDCA, your best bet is to file the WOM. There is no need to wait for the congressman or first lady's response.
Aside from the obvious AP EAD issues, how has the GC delay affected your life or inconvenienced you?
more...
chanduv23
11-21 02:14 PM
But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.
If he is in IT - no need to worry at all. Hiring is going on in full swing which is unusual for this part of the year.
If he is in IT - no need to worry at all. Hiring is going on in full swing which is unusual for this part of the year.
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ivgclive
10-08 12:45 PM
1. How can he use the PIO card to enter and exit India?
I got PIO Cards recently, but not entered India yet. So far I used only visas.
a. Does he simply show the PIO card, US passport to enter and exit India?
I assumed the same. It is just like a "Visa", but not on the passport but as a separate booklet.
2. Incase if the PIO card processing takes a lot of time I know that he can apply for visa. I was wondering anyone has experience on how visa could be applied if PIO processing takes a long time at the SFO consulate.
It is efficient and less expensive on money and time if you decide before you apply. If you have couple of months time before travel, apply PIO or you have only couple of weeks appy for Visa.
a. Do they return the PIO application and its supporting documents before visa could be applied?
You are probably submiting copies of documents except the passports +/- birth certificate. Be prepared if you just receive passports only.
b. Should a new visa application+visa supporting documents need to be resent for getting a Indian visa? I guess so, as the process is completely different.
------------------------------------
There are no guidelines on web sites for the option you are asking for. So the answers are only "what you can expect".
If you are close to SF, worth stopping by the consulate.
I got PIO Cards recently, but not entered India yet. So far I used only visas.
a. Does he simply show the PIO card, US passport to enter and exit India?
I assumed the same. It is just like a "Visa", but not on the passport but as a separate booklet.
2. Incase if the PIO card processing takes a lot of time I know that he can apply for visa. I was wondering anyone has experience on how visa could be applied if PIO processing takes a long time at the SFO consulate.
It is efficient and less expensive on money and time if you decide before you apply. If you have couple of months time before travel, apply PIO or you have only couple of weeks appy for Visa.
a. Do they return the PIO application and its supporting documents before visa could be applied?
You are probably submiting copies of documents except the passports +/- birth certificate. Be prepared if you just receive passports only.
b. Should a new visa application+visa supporting documents need to be resent for getting a Indian visa? I guess so, as the process is completely different.
------------------------------------
There are no guidelines on web sites for the option you are asking for. So the answers are only "what you can expect".
If you are close to SF, worth stopping by the consulate.
more...
LostInGCProcess
08-28 04:32 PM
My understanding is that it is first 4 and last 4 pages. (here pages include the inner hard cover side ).
Thanks.
Thanks.
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abhijitp
01-25 07:14 PM
Thanks for your suggestions, I am sure IV-Core will note them.
Did you send out letters to the WH + IV?
The recapturing of numbers does not need legislation, it can be done by administrative intervention.
PLEASE SEND YOUR LETTERS!
Thanks!
Did you send out letters to the WH + IV?
The recapturing of numbers does not need legislation, it can be done by administrative intervention.
PLEASE SEND YOUR LETTERS!
Thanks!
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chint001
11-27 11:19 PM
I don't have an answer to your question, but it seems a Cognovit Promisory Note could exist only between a creditor and debtor, not between an employer and employee.
I am really surprised your employer went to this circuitous way to bond you for your employment obligation. Do take your note's language and consult a good attorney. This is some uncharted territory. Shows how creative these unscrupulous employers are. Still you may have a way out, if you can prove it is employment obligation related.
I thought the same thing but then I researched some more and I found out that this kind of notes basically gives the holder the power to go to court and get (easily), a court order to retrieve the owned amount from the other party's account. It generally applies to a Creditor Debtor relationship, but doesnt end there. ( i may be wrong ).
Dont be surprised, the guys is covering all corners, so that in no way he gets in trouble. it just instates that fact he's good, which somehow doesnt work in my favour.
I guess you are right, attorney is the best way to go about it.
will post my out come here soon.
Till then please post your comments or views here.
Appreciate the responses!
I am really surprised your employer went to this circuitous way to bond you for your employment obligation. Do take your note's language and consult a good attorney. This is some uncharted territory. Shows how creative these unscrupulous employers are. Still you may have a way out, if you can prove it is employment obligation related.
I thought the same thing but then I researched some more and I found out that this kind of notes basically gives the holder the power to go to court and get (easily), a court order to retrieve the owned amount from the other party's account. It generally applies to a Creditor Debtor relationship, but doesnt end there. ( i may be wrong ).
Dont be surprised, the guys is covering all corners, so that in no way he gets in trouble. it just instates that fact he's good, which somehow doesnt work in my favour.
I guess you are right, attorney is the best way to go about it.
will post my out come here soon.
Till then please post your comments or views here.
Appreciate the responses!
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abd
08-09 02:24 PM
You can have experience in any country not necessary in USA. But the experience earned at current employer is not considered towards 5 years
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meridiani.planum
07-18 10:37 PM
I have i140 approved from previous employer with PD Nov 2005 (which became current with Aug bulletin). New employer has not yet started GC and my 6 years of H1B are getting over in next 6 months.
Can I get 1 year h1B extension based on the fact that I have i140 approved. Please note that its approved with old employer and I cannot file 485 with him.
Thanks!
yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)
Can I get 1 year h1B extension based on the fact that I have i140 approved. Please note that its approved with old employer and I cannot file 485 with him.
Thanks!
yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)
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GCNaseeb
10-12 04:42 PM
See signature
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krishna_brc
06-20 01:21 PM
yes, Even if you used your AP to travel back to US, you can come back and file an H1 extension.
Thank you very much.
Thank you very much.
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nixstor
07-09 08:09 PM
Thanks Nixtor, I am in CA, but would have been more than eager to join you otherwise. Could you record (handycam) a few shots.
AJ,
Thanks for the offer. I am not sure if I have permission to shoot any thing on a federal govt agency premises, but will do my best. My sources tell me that some main stream media will cover it. For us to be able to make a good impact, we need to have people there.
AJ,
Thanks for the offer. I am not sure if I have permission to shoot any thing on a federal govt agency premises, but will do my best. My sources tell me that some main stream media will cover it. For us to be able to make a good impact, we need to have people there.
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gc_chahiye
10-17 03:32 PM
10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
gcwait2007
03-24 06:47 PM
Hello All,
Had a qstn. Is it good enough to take just the offer letter from the current co and latest paystub to the consulate in Chennai to stamp H1B ? Its for a friend of mine and he is a first time H1B applicant. Problem is if he puts in a req to the HR for exp letter they will ask him a reason and the reason will be printed on top of the letter, and obviously he cant ask for a letter to US consulate for H1B since they will come to know he has intentions to leave.
I am sure a lot of people would have been in similar situation. Did not find any other thread that discussed this issue, so in case there is one please point it out to me otherwise any suggestions would eb welcome.
Thanks,
ampudhukode
Your friend needs to carry all the original degree certificates, original job offer letter from the US company, his resume, H1-B approval, original past experience certificates as mentioned in the resume.
The Embassy official will look at the H1-B approval, original degree certificates, glance thru passport, check the offer letter, check the H1-B approval and may opt to check the experience certificates.
Had a qstn. Is it good enough to take just the offer letter from the current co and latest paystub to the consulate in Chennai to stamp H1B ? Its for a friend of mine and he is a first time H1B applicant. Problem is if he puts in a req to the HR for exp letter they will ask him a reason and the reason will be printed on top of the letter, and obviously he cant ask for a letter to US consulate for H1B since they will come to know he has intentions to leave.
I am sure a lot of people would have been in similar situation. Did not find any other thread that discussed this issue, so in case there is one please point it out to me otherwise any suggestions would eb welcome.
Thanks,
ampudhukode
Your friend needs to carry all the original degree certificates, original job offer letter from the US company, his resume, H1-B approval, original past experience certificates as mentioned in the resume.
The Embassy official will look at the H1-B approval, original degree certificates, glance thru passport, check the offer letter, check the H1-B approval and may opt to check the experience certificates.
suny_saini
07-23 01:40 AM
FROMNAIJA
Thanks alot for the information.
Thanks alot for the information.
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