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  • FinalGC
    05-10 04:50 PM
    I do not think USCIS declares that as a status, since u r in "LIMBO" status when in EAD or doing adjustment of your status, from previous to current.

    If something negative happens to your case...you immediately become illegal status......So this is why all lawyers recommend to keep your h1 status valid, when you file your 485. Getting into EAD is a risk, which some bold take and survive, others like me who try to play safe....stay on H1 until the 485 is approved.




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  • makemygc
    06-14 11:21 AM
    Go ahead and file 485/EAD etc. EAD approval takes 2-3 months. To be on the safe side, apply for H1 extension also . it is safe to keep H1 till you get your 485 approval.

    As per immigration-law, filing h1 extension could be a problem along with EAD, as H1 ext can be rejected. See my earlier post.

    Has someone done this earlier??..




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  • ashkam
    03-09 08:59 AM
    I think she need to fill I-9 form to switch to EAD and thus switching out of H1.

    Right now she is on H1 as well as AOS.

    If she's not working anymore what does the I9 form have to do with anything?

    To the OP, no, she doesn't have to do anything. She is automatically transitioned into AOS status (assuming the I-485 was already applied when she stopped working).




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  • venky08
    06-24 12:42 AM
    Look no further. EB3 (Other Workers) became "Unavailable" last week and nothing that I read says it cannot happen for EB1/EB2/EB3.

    EB3 (other workers) were unavailable in july 07 bulletin...that does not mean they were stopped accepting applications without notice...Arkbird do you agree on this explanation?:confused:



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  • bajjuri77
    03-27 10:39 AM
    To answer your questions:

    1. Transfer from H4 to F1 is very straight forward and you can do it yourself. I did the same for my wife.
    2. You need to show 1 yr expenses in your account.
    3. One year should be fine.
    4. If your parents want to fund her study, then you have list them as one of the sponsor and then show the money in the bank.




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  • virginia_desi
    02-13 03:28 PM
    PD: October 2, 2002
    Country: India
    First Labor: EB3 (approved in May 2006)
    First I-140 approved: July 2006
    Second Labor: EB2 (filed in June 2007 and approved in December 07)
    Second I-140: Filed in January 2008 requesting retention of priority date
    I-485: Filed in April 2008
    Second I-140 approved in August 2008 with incorrect priority date
    Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
    USCIS email on February 9.



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  • Dhundhun
    08-05 06:39 PM
    Dhundhun,

    What is your source for the 1% to 5% estimate?

    Internet posts. For the last 2-3 years I have been looking about and this be ball park figure given. Also as you see that there is big variation in this; 1% to 5% is a big difference.

    It would be nice, if someone has better idea than this wider range.




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  • jackisback
    10-06 04:56 PM
    How did you know that your case was pre-adjudicated on Sept 18th 2008?
    Is there anywhere that information is available? Thanks.

    Our PD : Dec 22nd 2003, EB2 India. It was pre-adjudicated on Sept 18th 2008.

    My petition was approved 4 months back, after calling 100 times USCIS.

    In my wife's case we spoke with IO on Sept 4th.
    Created Service Request on 5th Sept.
    During September 2nd week spoke to IO, IO sent an email to IO who is looking at petition.

    During September last week we got Service Request generic response "Wait 180 days" which I have seen 2 times in my case .

    On Sept 29th sent 7001 form to Ombudsman. Ombudsman office might have received the application on or before 1st October.

    October 2nd 2009 my wife's petition approved.

    So if your case is genuine case problem. Don't waste your time calling Immigration officers. Send 7001 form to Ombudsman's office.



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  • myan88
    03-29 10:29 PM
    I need help on my 140 filings. My situation is:

    02/2004, applied EB3 LC, pending until 02/2007

    10/2005, applied PERM EB2, LC & 140 approved, but unable to file 485 due to retrogession

    in 02/2007, my EB3 was certified. I asked attorney to file EB3 140 to capture this earlier PD to my EB2 case.

    But the attorney hired by my company refused to file another EB3 140. His reason is: it may be questioned by USCIS to file a EB3 140 after EB2 140 is approved -- my job position is downgraded. And back and forth I will still use EB2 to apply 485, then it may bring the company to a potential fraud issue, blah, blah...

    I know that the company is reluctant to let me get gc quickly, so the attorney found this excuse. I did not find strong proof to refute this excuse.

    Is there any legal proof (like USCIS memo, AILA Liasion meeting minute, etc) to refute this excuse and convince the employer to go ahead to file 140 for me?

    Thanks




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  • SL%%
    08-18 09:27 PM
    hi sl
    which service center is processing your application ?

    nsc



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  • jamesbond007
    11-01 08:42 AM
    The government published pay that an LCA is evaluated against is usually lesser than the actual pay for that type of job in a region.
    If your LCA was filed with a salary that is right on the number, you would be in trouble.
    If there is wiggle room, you ought to be OK as long as the new salary is still more than the published LCA.

    We are all used to getting raises and bonuses at the end of the year.
    But these are very bad times; some cuts at this time are a harsh reality for businesses. But I think it is better for everyone in the company to take a small $ pay cut if it saves others within the company their job.

    If your employer is only cutting your salary, that is a bad situation to be in. You should try and get out of there ASAP.
    But if it is across the board, more than likely they will restore as soon as things get better.




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  • theconfused
    12-15 07:57 PM
    Dear Sunny,

    I will be honest to VO and there is no doubt about it. But i am wonerding if my past condition is going to pose any threat on my visa stamping.

    And i am also wondering if anyone has gone with situation like mine?

    My company has not applied for GC (labor) yet.



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  • swaroopmukka
    07-24 06:04 PM
    My Labor has been approved around May 20 2007 and my employer received a letter from DOL stating the same, but the Lawyer says he never got the original Labor certificate. Now I've to file my 140 and 485 together and my lawyer is saying that he'll contact DOL and see what's going on, but he says that we can file 140 and 485 concurrently with the piece of evidence we have (the letter from DOL to my employer saying that my labor has been approved).

    Will it be any problem with USCIS if we proceed this way ??




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  • akhilmahajan
    02-04 01:43 PM
    When i said i used AC-21, i meant i changed my employer after 180 days and had used EAD. Yes i have sent USCIS my paperwork, when i switched employers.

    I dont think filling AC-21 paperwork matters in case of the VISA. I never sent my Dad any documents or proof showing that i had sent USCIS the papers for AC-21. Also, i have used AP at that time.

    GO IV GO. TOGETHER WE CAN.



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  • martinvisalaw
    09-10 12:13 PM
    As far as I know - you are considered in a period of authorized stay as long as your petition for change of status/extension of stay is pending with the USCIS. You will begin to accrue unlawful presence from the day the petition is denied, if that were to happen. The lawyers on this forum can advise you better.

    OP would only be authorized to stay in the US if the change of status (COS) was filed while she was still in status. Since her status expired last April, she has been out of status since then and filing the COS did not restore her status.

    OP - you really should speak with another lawyer, to be safe. You should not be relying on advice on a free forum given the seriousness of your situation.




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  • edgarrecto
    01-14 07:37 PM
    how about eb3 for philippines?



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  • raamskl
    08-15 09:32 PM
    Travel on AP and work on H1B? Have applied for 485, AP and EAD. By the way, what is the advantage of doing so?

    Assuming you have valid I797 (h1), the advantage of using an AP is to reenter the country without worrying about getting a visa stamping in the passport. But if you already have a valid stamping then it does not matter whether you use ur h1 or AP to reenter the country.

    But an EAD/AP is always good to have along with your H1 as that gives you another option of switching jobs after 180 days of filing 485, when the new employer is not willing to file a transfer of H1.

    Cheers.




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  • krajani2007
    02-11 11:01 AM
    That's not true.. you H1b may also get approved. But I think that should not be a problem.

    I have a friend with the same situation, he got GC and his H1b got approved after 3 months




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  • maco
    09-24 03:50 PM
    I have bad credit will that effect my Green card?
    though i am paying them off it still shows on my credit report




    Steve Mitchell
    March 3rd, 2004, 12:51 PM
    Glad to see this happening. Critiquing and being critiqued are great ways to improve.

    Need Guidance in using Cross Chargeability [Archive] - Immigration Voice

    View Full Version : Need Guidance in using Cross Chargeability





    raysaikat
    01-15 12:38 PM
    Hi folks, sorry for posting this again, but I posted in the self-help area and nobody answered (I guess there's very little traffic there surprisingly)....

    ----
    Hi Folks

    I'm here in the US on a L1A visa and would like to apply for Green Card (I'm assuming i-485) soon. My wife who is currently outside of US has recently received her L2 visa within one business day I may add! So, we're waiting for her to join me here in the States within two months as she is currently working abroad and needs to wait for her bonus $...

    In any case, I was thinking of applying for an EAD for her in conjunction of i-485, but I've been reading that others who are holding a H1 visa is also applying for an EAD (why on earth for?!) as you are allowed to work on H1 already no? I thought EAD is authorization to work only??

    In my case, my wife needs EAD in order to work as L2 only allows her entry to the States and her visa would "clone" mine (ie. whatever my expiry date is, hers will expire).

    Should I also apply for EAD too even though my L1a visa already permits me to work legally here in the US?

    Do you have your I-140 approved? Green card is independent of your current status (L-1 or H-1); the speed of getting green card depends on what category you can apply (Eb-1, EB-2 or EB-3) and your country of birth (i.e., the country where you were born, not the country of citizenship).



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