desi485
10-11 01:52 PM
fortunately I haven't used EAD. In fact neither my spouse has. But we were about to use spouse EAD when we sniffed this possibilty. This is the reason I am asking if any one has any insight to share. Title of the thread is little misleading but unble to change it now. this is a IF THEN condition as if now. aplogise for the same. However I am sure so many families getting EAD, so many ppl will be concerned about this. This might be real for some one of us.
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needhelp!
01-28 04:39 PM
Sabeer Bhatia - Hotmail
Suhas Patil - Cirrus Logic
Narinder Kapany - Father of Fiber Optics
Vinod Dham - Father of Pentium
Deepak Chopra
Suhas Patil - Cirrus Logic
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Vinod Dham - Father of Pentium
Deepak Chopra
sweet_jungle
11-17 12:26 AM
it is the primary applicat's status which matters. spouse can be on any non immigrant status to file for I-485.
Once spouse's I-485 will be filed, F1 will become invalid but will become AOS applicant. AOS is a status by itself and you will not be out of status. Spouse will be eligible for EAD and AP to work and travel. There is no need to convert back to H4 before filing for I-485.
The only danger is if for some reason, I-485 is denied, then AOS status becomes invalid and then it will be out of status. In that case, primary applicant should have maintained H1 status (used H1 transfer to change jobs instead of EAD and used H1 visa to travel instead of AP) and that can be used for re-instatement of status of spouse back to H4.
In summary, bringing back to H4 before filing for I-485 might be safer but may be impractical as the conversion will take time and in that time, one might miss the priority date window which will change month to month. Also, if spouse is using F1 to work, conversion back to H4 will require stoppage of work till EAD.
Once spouse's I-485 will be filed, F1 will become invalid but will become AOS applicant. AOS is a status by itself and you will not be out of status. Spouse will be eligible for EAD and AP to work and travel. There is no need to convert back to H4 before filing for I-485.
The only danger is if for some reason, I-485 is denied, then AOS status becomes invalid and then it will be out of status. In that case, primary applicant should have maintained H1 status (used H1 transfer to change jobs instead of EAD and used H1 visa to travel instead of AP) and that can be used for re-instatement of status of spouse back to H4.
In summary, bringing back to H4 before filing for I-485 might be safer but may be impractical as the conversion will take time and in that time, one might miss the priority date window which will change month to month. Also, if spouse is using F1 to work, conversion back to H4 will require stoppage of work till EAD.
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chanduv23
08-02 04:38 PM
EB-1s for Indians and Chinese are also expected to be current. For EB-2, India is expected to have a cut off date of January 8, 2003 and for China the cut off date will be April 22, 2005.
For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.
Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.
Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.
One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.
This is taken from bibdaily. Being discussed in another thread
For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.
Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.
Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.
One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.
This is taken from bibdaily. Being discussed in another thread
more...
indiablues
12-28 08:31 AM
Thank you everyone for the reply.
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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Phat7
10-18 04:01 PM
Wow! :) Thank you everybody! You could have been anywhere in the world tonight, but you're here with me! I'm a little excited... I would like to thank a couple of people who helped me achieve this award. I would like to thank ... ... ... ... ... (long list of names here) ;)
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drirshad
10-24 06:57 PM
Detroit Infopass officers are laid back, if it is the same heavy lady you had to go to I sympathize with you. She was the most mean govt official I have come across in past 10 years. Her response to me was the details about my case cannot be discussed due to National Security reasons, tried ask another question and was abruptly cut to be asked to wait.
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akhilmahajan
07-30 07:56 PM
EAD is based on pending I-485 and for filing 485, you just need 140 received. So you are OK. My uunderstanding is you can also use AC21 portability after 180 days to change employers as long as your employer doesn't revoke your I-140. So there is that risk with I-140 not approved.
P.S my I-140 app is pending with TSC from May 2006. Almost 425 days plus and still no update/no RFE. Even upgraded it to PP on Jun 18th 2007 but still nothing.
Did you try to contact some one at the office. Mine is March 2007, but just reading your case, it gives me butterflies. I dont know whats going on and with all the 485 applications god knows whats going to happen. I hope u get it soon.
P.S my I-140 app is pending with TSC from May 2006. Almost 425 days plus and still no update/no RFE. Even upgraded it to PP on Jun 18th 2007 but still nothing.
Did you try to contact some one at the office. Mine is March 2007, but just reading your case, it gives me butterflies. I dont know whats going on and with all the 485 applications god knows whats going to happen. I hope u get it soon.
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paisa
07-24 03:59 PM
Hello Guys,
My attorney send I485,AP, EAD application to USCIS with my present passport. This passport expires on August 08, 2007. Will there be any problems for this? Please let me know. Thanks......
No issues here my lawyers at Fragomen told me the same my passpory was expiring Aug 3rd 2007 infact I had my passport renewed when they were to send my 485 application. My lawyer said 485 has nothing to do with passport so no worries.
My attorney send I485,AP, EAD application to USCIS with my present passport. This passport expires on August 08, 2007. Will there be any problems for this? Please let me know. Thanks......
No issues here my lawyers at Fragomen told me the same my passpory was expiring Aug 3rd 2007 infact I had my passport renewed when they were to send my 485 application. My lawyer said 485 has nothing to do with passport so no worries.
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Berkeleybee
03-07 10:38 PM
Glad you got in touch with Jay (logiclife). I will let him respond to these questions.
Thanks,
Berkeleybee
Thanks,
Berkeleybee
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delhirocks
07-02 10:32 AM
ouch...
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fromnaija
08-03 12:12 PM
With a priority date of July 2006, you are looking at another four to five years before you get your GC barring any changes in current laws and available visa. Many people advise that you maintain your H1 during the wait just to have a fallback position in case your 485 is denied.
So my status doesnt change until my I 485 is approved- any idea how long that will take? My H 1B expires in Nov of 2007 should I get an extension? Thank you for your replies- Lisa
So my status doesnt change until my I 485 is approved- any idea how long that will take? My H 1B expires in Nov of 2007 should I get an extension? Thank you for your replies- Lisa
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STAmisha
08-13 08:58 PM
Can people convert LC pending in BEC to PERM? If So, how safe it is and how much time it takes totally.
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Ruta
07-17 05:38 PM
Office of Communications
www.uscis.gov
July 17, 2007
Contact: Office of Communications
202-272-1200
USCIS Update
USCIS Announces Revised Processing Procedures for
Adjustment of Status Applications
WASHINGTON�U.S. Citizenship and Immigration Services (USCIS) announced that,
beginning immediately, it will accept employment-based applications to adjust status (Form I-
485) filed by aliens whose priority dates are current under the July Visa Bulletin, No. 107.
USCIS will accept applications filed not later than August 17, 2007.
On July 2, 2007, USCIS announced that it would not accept any additional employment-based
applications to adjust status. USCIS made that announcement after receiving an update from the
Department of State that it would not authorize any additional employment-based visa numbers
for this fiscal year. After consulting with USCIS, the Department of State has advised that
Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for
purposes of determining employment visa number availability, and that Visa Bulletin #108
(dated July 2) has been withdrawn.
�The public reaction to the July 2 announcement made it clear that the federal government�s
management of this process needs further review,� said Emilio Gonzalez, USCIS Director. �I
am committed to working with Congress and the State Department to implement a more efficient
system in line with public expectations.�
USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No.
107 a full month�s time to do so. Applications already properly filed with USCIS will also be
accepted. The current fee schedule will apply to all applications filed under Visa Bulletin No. 107
through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will
apply to all other applications filed on or after July 30, 2007).
-USCIS
www.uscis.gov
July 17, 2007
Contact: Office of Communications
202-272-1200
USCIS Update
USCIS Announces Revised Processing Procedures for
Adjustment of Status Applications
WASHINGTON�U.S. Citizenship and Immigration Services (USCIS) announced that,
beginning immediately, it will accept employment-based applications to adjust status (Form I-
485) filed by aliens whose priority dates are current under the July Visa Bulletin, No. 107.
USCIS will accept applications filed not later than August 17, 2007.
On July 2, 2007, USCIS announced that it would not accept any additional employment-based
applications to adjust status. USCIS made that announcement after receiving an update from the
Department of State that it would not authorize any additional employment-based visa numbers
for this fiscal year. After consulting with USCIS, the Department of State has advised that
Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for
purposes of determining employment visa number availability, and that Visa Bulletin #108
(dated July 2) has been withdrawn.
�The public reaction to the July 2 announcement made it clear that the federal government�s
management of this process needs further review,� said Emilio Gonzalez, USCIS Director. �I
am committed to working with Congress and the State Department to implement a more efficient
system in line with public expectations.�
USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No.
107 a full month�s time to do so. Applications already properly filed with USCIS will also be
accepted. The current fee schedule will apply to all applications filed under Visa Bulletin No. 107
through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will
apply to all other applications filed on or after July 30, 2007).
-USCIS
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krishna_brc
05-21 01:20 PM
i did it myself too..pretty straightforward..they hv all info on their website..
Hi Pandya,
Can you please provide their website link. I appreciate your help.
Thanks,
Krishna
Hi Pandya,
Can you please provide their website link. I appreciate your help.
Thanks,
Krishna
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sertasheep
07-05 04:00 PM
Gautam,
Can you update your profile with a telephone number? Your phone number currently reads as 123-456-7890.
NOTE to all IV members:
IV requests its members not to undermine or lash out at any individual. Please do not use forums as a platform to voice your personal opinion to assasinate someone's character.Posts that denigrate anyone are not welcome.
With due respect, the Ombudsman is doing what his role demands.
Gautam has his own situation to deal with-
sanju: I'm not taking sides here, but please refrain from using inflammatory language or using strong abusive language. This holds good for all IV members.
BOTTOMLINE: There is no point in engaging in unnecessary arguments.
Can you update your profile with a telephone number? Your phone number currently reads as 123-456-7890.
NOTE to all IV members:
IV requests its members not to undermine or lash out at any individual. Please do not use forums as a platform to voice your personal opinion to assasinate someone's character.Posts that denigrate anyone are not welcome.
With due respect, the Ombudsman is doing what his role demands.
Gautam has his own situation to deal with-
sanju: I'm not taking sides here, but please refrain from using inflammatory language or using strong abusive language. This holds good for all IV members.
BOTTOMLINE: There is no point in engaging in unnecessary arguments.
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imind
03-12 12:09 PM
SUBJECT:
Start new LLC with wife's EAD and work on 1099/w2 to any company :
GETTING HARD TO GET IT JOB WITH H1Bs. Asking ONLY accept work on 1099/W2 with EAD/GC with Self Incorporated company LLC Certificate :
I have following questions on starting LLC on wife's EAD :
My 1-140 is approved and I-485 is pending (i140 and 485 both completed 180 days) and me and my wife both have EAD and AP. My current status is H1B with the current employer who filed for GC.
Q1: As current market crisis, lot of companies asking to work on 1099 or on their W2 basis.
(lot of IT jobs listed for only EAD/GC ....NO H1Bs like that...became hard to find IT job with H1B ).
For getting job purpose only, can I open LLC (100% owned by wife's name) on wife's name only and can I work for my wife's company through AC21 with my EAD (I'll ask my lawer to do all necessary paper works to meet my job role and job description are same kind and meets AC21 portability) .
Q2: Lot of new companies asking to show my self incorporated LLC certificate in which my name should be displayed in order to work for them via 1099/w2 basis.
In this case, what exactly I should do to work any company in US on 1099/w2 basis?
(Assume that I already opened LLC on my wife's EAD and 100% owned, and my name
is not listed in the company llc certificate).
Q3: In case if I joined my wife's company through AC21 under same job role/name that I'm doing ,
How can I work for other company on 1099/w2 basis?
How can I work for other company on Contract-to-contract basis?
As this is very critical step and helps lot of people, please help advise BEST possible options with step by step advise to avoid any other status changes and get smooth GC process run which is already in process.
Thanks appreciated.
Imind
Start new LLC with wife's EAD and work on 1099/w2 to any company :
GETTING HARD TO GET IT JOB WITH H1Bs. Asking ONLY accept work on 1099/W2 with EAD/GC with Self Incorporated company LLC Certificate :
I have following questions on starting LLC on wife's EAD :
My 1-140 is approved and I-485 is pending (i140 and 485 both completed 180 days) and me and my wife both have EAD and AP. My current status is H1B with the current employer who filed for GC.
Q1: As current market crisis, lot of companies asking to work on 1099 or on their W2 basis.
(lot of IT jobs listed for only EAD/GC ....NO H1Bs like that...became hard to find IT job with H1B ).
For getting job purpose only, can I open LLC (100% owned by wife's name) on wife's name only and can I work for my wife's company through AC21 with my EAD (I'll ask my lawer to do all necessary paper works to meet my job role and job description are same kind and meets AC21 portability) .
Q2: Lot of new companies asking to show my self incorporated LLC certificate in which my name should be displayed in order to work for them via 1099/w2 basis.
In this case, what exactly I should do to work any company in US on 1099/w2 basis?
(Assume that I already opened LLC on my wife's EAD and 100% owned, and my name
is not listed in the company llc certificate).
Q3: In case if I joined my wife's company through AC21 under same job role/name that I'm doing ,
How can I work for other company on 1099/w2 basis?
How can I work for other company on Contract-to-contract basis?
As this is very critical step and helps lot of people, please help advise BEST possible options with step by step advise to avoid any other status changes and get smooth GC process run which is already in process.
Thanks appreciated.
Imind
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wandmaker
04-27 03:02 PM
You might be denied based on the 365 days rule. When was your labor filed?
OP's 140 was approved in Aug 2008 and whereas the extension was filed in Feb 2009. It rules out the denial based on 365 day rule.
OP's 140 was approved in Aug 2008 and whereas the extension was filed in Feb 2009. It rules out the denial based on 365 day rule.
harrydr
10-05 10:49 AM
This is really what Obama's advisors should read. Employers cannot find qualified employees to even fill these great job openings (with unemployment rate nearing 10%). America is loosing already and will keep on loosing if immigrant workers do not take up these jobs to keep US competitive.
Even as layoffs persist, some good jobs go begging - Yahoo! News (http://news.yahoo.com/s/ap/20091004/ap_on_bi_ge/us_good_jobs_unfilled)
Even as layoffs persist, some good jobs go begging - Yahoo! News (http://news.yahoo.com/s/ap/20091004/ap_on_bi_ge/us_good_jobs_unfilled)
bajrangbali
06-19 04:34 PM
US Media standards reached a new low with their double-standards in covering the Iranian election protests. Looks like US media wants to manipulate their citizens with one-sided information and only those news that media DECIDES are in the interest of the people.
Why is US bothered about the protests in Iran regarding elections? BBC, CNN and other media is flaming those young protester's passions. If you see the comments on these news sites, they all come from Iranians under 25 yrs..everyone knows that is hot-blood age and people take defeat to heart. Media is showing this as a civil war :D
How about the civil war in Iraq? How about the protests of Indian students in Australia and the racial attacks on them? How about the recent massacre of tamilians in SriLanka?
Afterall, US media is no different than third-world mafia which can go to any extent to SELL their version..hopefully people have not yet forgotten about the WMD in Iraq :D
US Media should take care of the domestic issues in US rather than posting biased news and flaming young adults in other countries...
Self-righteousness and justification of the politicians is shameful to say the least while complaining about the Iran protests while covering up the rapes and abuses in US prisons. And US will not allow Iran to have a nuke :D can you believe that coming out of the only country which used nukes on CIVILIANS and that too TWICE :D
Ron Paul is right...US should mind their own business instead of maintaining a world empire...lets get the financial crisis mess cleared up..lets get the people back to work and reduce unemployment...why all the hypocrisy, what for??
Why is US bothered about the protests in Iran regarding elections? BBC, CNN and other media is flaming those young protester's passions. If you see the comments on these news sites, they all come from Iranians under 25 yrs..everyone knows that is hot-blood age and people take defeat to heart. Media is showing this as a civil war :D
How about the civil war in Iraq? How about the protests of Indian students in Australia and the racial attacks on them? How about the recent massacre of tamilians in SriLanka?
Afterall, US media is no different than third-world mafia which can go to any extent to SELL their version..hopefully people have not yet forgotten about the WMD in Iraq :D
US Media should take care of the domestic issues in US rather than posting biased news and flaming young adults in other countries...
Self-righteousness and justification of the politicians is shameful to say the least while complaining about the Iran protests while covering up the rapes and abuses in US prisons. And US will not allow Iran to have a nuke :D can you believe that coming out of the only country which used nukes on CIVILIANS and that too TWICE :D
Ron Paul is right...US should mind their own business instead of maintaining a world empire...lets get the financial crisis mess cleared up..lets get the people back to work and reduce unemployment...why all the hypocrisy, what for??
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