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  • coopheal
    03-13 04:37 AM
    Hello,

    For case where GC and H1b sponsoring employer is same, please tell (as per USCIS rules/guidelines):

    1. When switching from H1b to EAD (while working for GC sponsoring employer) does GC/H1b sponsoring employer have to cancel H1b ?

    2. If on AP/EAD WITHOUT work, is there any liability to GC/H1b sponsoring employer ? Does he have to cancel H1b ?

    Than You.

    I am not sure why you are switching from valid H1B to EAD and while still working for the GC sponsoring employer.

    However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.

    Again not sure why you are moving from H1B to EAD when H1B is still valid?




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  • caforum2
    06-19 07:32 AM
    EAD has nothing to do with status. He is in legal status as long as his I-485 is filed and waiting to be decided by USCIS, even if his non immigrant visa expired. EAD is work permit and he can't work based on EAD filing but only on approved ead.




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  • indyanguy
    08-07 09:08 AM
    I had applied for Labor Substitution/140/485/EAD concurrently on July 2nd. If I understand the process correctly, I would receive 3 different receipt notices and 3 different approvals for LC/140/485?

    I have applied in NSC. What is the approximate processing times for approving:
    1. Labor Substitution
    2. I 140
    3. I 485.

    Also, will they start processing 485 only after LC and 140 are approved?

    Thanks.




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  • pappu
    01-20 10:33 PM
    IV is not giving any updates on the public forums at this time and risk our ongoing efforts. Do not quote some annonymous members on other forums or this forum to elicit a response from IV. Do not continue to start new threads asking for updates and asking core members for answers. You, an IV member is our answer and you yourself can also provide answer to all of us by helping us. It is our combined effort that will lead to a solution for all of us. IV core is working hard to make something happen but you all are our legs and support us. We would like to encourage members to actively participate in state chapters, and they can get to know our action plans by participating in them. We also want members to actively participate in funding drive and we will be communicating with such contributing members. This would encourage members to help IV to help everyone and themselves with their efforts. Till now merely 154 members have commited funds in the past 1 week. We can get thousands of opinions on forums on a given subject, but it is really hard to have a meagre $20 contribution from members. Without contributions we will be limited in our efforts. It is very critical for our success and to achive our common goal. IV will not survive without being able to fund our efforts and members can continue to debate on various provisons on forums without much hope for any relief. Hope you will appreciate this POV, understand the gravity of this issue and help all of us in the IV community wth the ongoing monthly contributions drive.
    Thanks



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  • apahilaj
    02-11 06:39 PM
    Count me in. No FP Notice yet.

    same here...

    Opened second SR today for my self and my spouse.




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  • humsuplou
    03-09 12:54 PM
    Yes, you can run a business on EAD.

    You can own a business on H1-B too. But you cannot work for it . You can invest and have someone manage the operation for you. you can take profits but not work as an employee.

    Ok, so one can own but not run a business with H1B, but can own and run with EAD,right?
    Thanks!!



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  • bobzibub
    01-19 06:13 PM
    They have too few people to do the job. When your app switches to priority processing it gets to another queue. When it is near the end of the 15 days they send an RFE simply because they can't complete it in time. Now they have at least another 15+ days to complete the thing.




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  • LostInGCProcess
    09-02 10:57 AM
    There is place in the I-9 , Alien Authorized to work unitll, you need to provide the H1 information instead of the EAD information. Also instead of Alien#, you need to provide Admissible # which is on I-94 of new H1B. When some one submit I-9 form you need to show the Passport and you H1B copy. That way you are sure that you are using H1B.

    You are absolutely correct. But say, I have EAD, want to use it from next month, October. How do you do, even though your H1 is valid till, say, july 2011? That's the question.
    Do you inform USCIS? What factor changes the status from H1 to EAD on your, say, new job cause i want to work on EAD rather then H1?



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  • roseball
    10-16 04:33 PM
    Hi,

    My friend is in a unique situation and needs help. Please guide him with his queries.

    **************************************************
    I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.

    My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.

    My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..

    We didn't specify about GC labor on H1B/I-94 extension petition.

    My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.

    Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?
    ************************************************** *********

    Though USCIS mistakenly has given you H1 approval till May 2011, you will be considered beyond the 6 yr limit and could be held accountable for unlawful presence. End of the day, its your responsibility to make sure you are on the safe side. I have seen a similar case sometime ago where USCIS issued an RFE and the beneficiary had to go through a lot of trouble to get things straightened out. If I were you, I would have your company file an extension considering Apr 2010 as H1 expiry by providing evidence of your first entry to the US on H1 and your current H1 approval notice and asking them for 3 yrs extension based on approved I-140.




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  • pappu
    12-23 12:37 AM
    REMINIDNG EVERYONE ABOUT THE MEETING THIS SUNDAY IN STAMFORD MALL..... PLEASE PM ME FOR THE CONTACT PHONE NUMBER ......
    Thanks Anurakt.
    Im bumping up your thread and hoping for many members to show up in your Tri-state chapter meeting.



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  • cheg
    08-21 05:07 PM
    I see. I thought it was your lawyer that sent all your documents. So do you actually have a lawyer?

    My case was filed by a human resource person not a lawer. Human resource thinks I am ok but I do not think they really know the law. I am so scared...I do not know what to do. Ohhhh God..Life...




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  • sujith1
    07-10 10:43 AM
    You are right - The status changed today saying some one has picked it up - So express mail is good for sending.

    Does the checks getting cashed mean the applicaton is accepted - and for whatever reason if they deny willu get the fees back?????


    I had sent my EAD application on last week Thursday through express mail and I recvd the same status first time. On Monday, the status changed to delivery confirmed when someone picked the notice I think. My checks are cashed today so you may have to wait for a day and it should be fine.



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  • rb_248
    01-18 09:22 PM
    Mine got approved in 6 months....Receipt Date - 7/5/2006: approval date 1/4/2007
    Mine is EB 2




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  • coolfun
    03-31 11:27 AM
    ^^^^



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  • eyeswe
    07-13 04:49 AM
    Depending on where you are traveling from you may have a direct flight to Mumbai or Delhi. Mumbai is closer to Indore and probably has better and more connections. The key is layover at both these airports to meet your flight times to Indore. Both these airports are now world class (been there just recently) and have shuttles that take you from International - your US arrival, to domestic. At Delhi the international and domestic are somewhat far off... but they provide shuttles...




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  • frostrated
    10-23 01:38 PM
    I came to US 10 years ago and moved three times. Never filed AR-11 or change of address with USCIS. Filed for 485 in 2007 July with the latest address.

    Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.

    If I file the AR-11 now. couple of questions.

    1. For the A# in the form, Should I leave it blank?

    2. For the section "I work for or attend school at : (Employer name or name of School)"
    I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.

    Please help...Thank you in advance.
    as long as the USCIS has your latest address on file, you are fine. No action needed. But if you current address is different from the one on your 485, then you will need to send in an AR11. The card will be sent to the address on the application, and the postoffice will not forward the card if it goes to an old address, but send it back to USCIS.



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  • ksiddaba
    08-22 03:23 PM
    My questions:
    While on H1B can a professional engineer sign a design and plans offcourse for free. Say to a friend design and plan.

    While owning this business one is free to sponsor and support other H1Bs. In other words, you can hire a h1B as well (like your spouse). This could be yourself, although that would be at some level unfair.

    Incidentally, you could get a second H1B to work with your friend through a company that your friend set up to do this consulting work (if your original H1B employer lets you and you keep your original employment). You would have to go through the labor etc. Secondary H1Bs are suprisingly not uncommon.

    As for just signing plans for free, and not being paid for it, but sharing in the profits resulting from the venture is pushing the "intent" of the law. I think what the USCIS wants to see is you taking a passive approach in the business (say giving up front investment) or making contacts available to the business or giving a talk or seminar to promote the business. Signing off a design would I think be considered as day to day operations of the business which would violate the intent of the law. But like all laws (esp. immigration ones) everything is a question of interpretation. You get a good lawyer to back you and you would be ok with how much you can get away with, within the law.




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  • serg
    07-16 05:33 PM
    Sent I-140 on October 2nd. Status showing as it's recd. Anybody's I-140 approved in that range?

    Thanks,
    GK

    Oct 16, 2006, still there, no updates




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  • piyushmittal
    05-04 06:46 PM
    Did anybody had expierence that they missed a appointment for any reason. What to do next? Go to center and request for reschedule or call national service center?




    Immigstories
    01-21 06:56 PM
    Gurus
    Please share your thoughts on my question above.....




    Immigstories
    01-17 07:17 PM
    Thank you both for sharing your thoughts...

    I have an unexpired H-1B visa stamp in my passport and I have contacted my attorney to upgrade the petition to premium. I plan to re-enter the country with the approved I797 and the unexpired H1B visa associated with the previous employer.

    For some reason, my attorney feels strongly that I need to get visa stamp in my passport from either canada or home country(India), if the petition is approved. Do you see any strong reason why he thinks I need a visa stamp in my passport?

    I have tried to convince him that people do re-enter with the approved I797 with attached I94, as long as they have an unexpired visa of the same class.



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