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glus
11-19 01:06 PM
Hi All,
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
Generally speaking, it is always better to re-enter on nonimmigrant visa than on AP. This is because when one re-enters on non-immigrant visa, one receives a non-immigrant status, which is great. H4 is not dependent on EAD or vice versa. Remember, to loose H4 visa status you need to brake immigration law or do something that violates the immigration law. Technically speaking, if one works on EAD, one does not brake any law due to the EAD being valid. So yes, she can re-enter on h4, receiving H-4 status, and still work as long as EAD is valid. This is a gray area, but as per my attorney it is allowable due to the vague nature of the INA (Immigration and Naturalization Act), which states, that one looses non-immigrant status when one "works without authorization." However, think about it. If one is on H-4, one works on EAD at the same time, one does not loose non-immigrant status because such a person performs "authorized employment" through valid EAD.
Regards,
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
Generally speaking, it is always better to re-enter on nonimmigrant visa than on AP. This is because when one re-enters on non-immigrant visa, one receives a non-immigrant status, which is great. H4 is not dependent on EAD or vice versa. Remember, to loose H4 visa status you need to brake immigration law or do something that violates the immigration law. Technically speaking, if one works on EAD, one does not brake any law due to the EAD being valid. So yes, she can re-enter on h4, receiving H-4 status, and still work as long as EAD is valid. This is a gray area, but as per my attorney it is allowable due to the vague nature of the INA (Immigration and Naturalization Act), which states, that one looses non-immigrant status when one "works without authorization." However, think about it. If one is on H-4, one works on EAD at the same time, one does not loose non-immigrant status because such a person performs "authorized employment" through valid EAD.
Regards,
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Sreeshankar
05-19 02:00 PM
Do you thing is it good idea to go for info-pass for enquiry? same time any advice for following question?
2. Processing dates for TSC-I485 shows Aug 08, 2007. Is this date recevied date or I485-Notice date?
Dear Friend,
I heard there is a TSC stream line process for pending 485s that have Pd current, and are with the TSC center. Below is the link, along with a informative link from Mr Ron Gotcher's forum. Ron has some good advises , please refer both the links. Hope this helps you in your endeavor. Best Wishes.
The Links :
http://www.laborimmigration.com/wp-content/uploads/2008/11/tsc-streamline-procedure.pdf
http://www.immigration-information.com/forums/showthread.php?p=25835
2. Processing dates for TSC-I485 shows Aug 08, 2007. Is this date recevied date or I485-Notice date?
Dear Friend,
I heard there is a TSC stream line process for pending 485s that have Pd current, and are with the TSC center. Below is the link, along with a informative link from Mr Ron Gotcher's forum. Ron has some good advises , please refer both the links. Hope this helps you in your endeavor. Best Wishes.
The Links :
http://www.laborimmigration.com/wp-content/uploads/2008/11/tsc-streamline-procedure.pdf
http://www.immigration-information.com/forums/showthread.php?p=25835
techbuyer77
06-25 11:58 AM
We pay for everithing
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kaisersose
06-26 09:01 AM
Hi,
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
If you are working for A, but respond to a RFE with an offer letter from B - for whom you have no intention of working - then you are breaking the law.
Your job with A should be similar to your Labor job and you should respond to any RFE with a copy of your offer letter from A.
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
If you are working for A, but respond to a RFE with an offer letter from B - for whom you have no intention of working - then you are breaking the law.
Your job with A should be similar to your Labor job and you should respond to any RFE with a copy of your offer letter from A.
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arc
10-08 02:03 PM
did anyone get FP notice?
sertasheep
08-26 10:09 AM
Dear IV Members,
We welcome questions for subsequent conference calls with immigration attorney Ms. Sonal Mehta Verma. At this time, we are ACTIVELY working with Ms. Mehta Verma to plan upcoming conference call schedules.
--------------------------------------------------------------------------
You can find more information about Ms.Mehta Verma on her firm's website at
http://www.nankin.com/mehtaverma.html
Sonal J. Mehta Verma, Esq.
Nankin & Verma PLLC
11 North Washington Street
Suite 360
Rockville, MD 20850
T: (240) 456-0000
www.nankin.com
--------------------------------------------------------------------------
Procedure to send in your questions:
Email us at legal_advise@immigrationvoice.org
Please provide us with the following information, preferably in the following format, and keep it CRISP and CONSISE:
Name(Nickname or handle):
City/Area/Country of current residence:
Country of citizenship: (Makes it more relevant)
Question:
REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email it to us as it takes us significant time and effort to clean up the language and format before we send it to the immigration attorney.
Also, it provides a professional touch if we use formal, business English. (ie, refrain from using slang, shorthand, abbreviations, all capitals, all lowercase, colloquialism, et-al). Microsoft Word among other Word Processors provide excellent spellcheckers and thesaurus options to help you with this.
--------------------------------------------------------------------------
Once you send in your questions to the email address mentioned above, you will be provided a unique Question ID that will help us as well as you to track the question through its lifecycle.
--------------------------------------------------------------------------
Please bear with us while we continually evolve and enhance to make this effort a success, and beneficial for everyone.
--------------------------------------------------------------------------
Thank you, and have a good weekend,
We welcome questions for subsequent conference calls with immigration attorney Ms. Sonal Mehta Verma. At this time, we are ACTIVELY working with Ms. Mehta Verma to plan upcoming conference call schedules.
--------------------------------------------------------------------------
You can find more information about Ms.Mehta Verma on her firm's website at
http://www.nankin.com/mehtaverma.html
Sonal J. Mehta Verma, Esq.
Nankin & Verma PLLC
11 North Washington Street
Suite 360
Rockville, MD 20850
T: (240) 456-0000
www.nankin.com
--------------------------------------------------------------------------
Procedure to send in your questions:
Email us at legal_advise@immigrationvoice.org
Please provide us with the following information, preferably in the following format, and keep it CRISP and CONSISE:
Name(Nickname or handle):
City/Area/Country of current residence:
Country of citizenship: (Makes it more relevant)
Question:
REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email it to us as it takes us significant time and effort to clean up the language and format before we send it to the immigration attorney.
Also, it provides a professional touch if we use formal, business English. (ie, refrain from using slang, shorthand, abbreviations, all capitals, all lowercase, colloquialism, et-al). Microsoft Word among other Word Processors provide excellent spellcheckers and thesaurus options to help you with this.
--------------------------------------------------------------------------
Once you send in your questions to the email address mentioned above, you will be provided a unique Question ID that will help us as well as you to track the question through its lifecycle.
--------------------------------------------------------------------------
Please bear with us while we continually evolve and enhance to make this effort a success, and beneficial for everyone.
--------------------------------------------------------------------------
Thank you, and have a good weekend,
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martinvisalaw
09-27 06:12 PM
Hi above is an update from this end. I do have one more question though. My wife was not given an I-94 when she entered using TL instead her passport was stamped with the arrival date and initials "LPr". I am getting ready to apply for a new AP for us what should I write as her "Class of Admission"? Also do you foresee any issues with the AP renewal since I cannot send them a copy of an I-94?
CBP at the airport mistakenly thought your wife was a permanent resident, instead of still having a pending 485. She should not this on the I-131 when applying for a new AP.
CBP at the airport mistakenly thought your wife was a permanent resident, instead of still having a pending 485. She should not this on the I-131 when applying for a new AP.
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gopikrishnayr
09-06 08:44 AM
Hi:
I am a july 2nd filer but had issues with my checks since my Bank account got closed due to fraduent activity. So not being sure if my checks would get cleared I applied second time on Aug 17th. Yesterday the bank was successfuly able ot channel my July 2nd checks to my new account and hence I need to withdraw my second application since my first one went through successfully. I had originally filed at NSC, but got transferred to TSC. Can someone help me on the procedure how to withdraw my second application and also not lose money from the checks on the second application.
Thanks in advance.
Gopi
I am a july 2nd filer but had issues with my checks since my Bank account got closed due to fraduent activity. So not being sure if my checks would get cleared I applied second time on Aug 17th. Yesterday the bank was successfuly able ot channel my July 2nd checks to my new account and hence I need to withdraw my second application since my first one went through successfully. I had originally filed at NSC, but got transferred to TSC. Can someone help me on the procedure how to withdraw my second application and also not lose money from the checks on the second application.
Thanks in advance.
Gopi
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angelfire76
03-21 09:59 PM
"USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status."
Is "employment by a new employer" H1B transfer? What does "concurrent employment" mean?
Current employees of TARP banks who need to extend their H1B status.
Is "employment by a new employer" H1B transfer? What does "concurrent employment" mean?
Current employees of TARP banks who need to extend their H1B status.
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carbon
05-31 01:27 AM
How can we reach the rest of ~496,000 skilled immigrants who are waiting for their green cards? where are they??
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vishwak
08-10 07:54 AM
alright..I came back without any problem.
Thats it.
Good to hear, Hope your parents are fine too.
Did you get your GC now?? All the best and thanks for sharing your experience at Dulles.
Thats it.
Good to hear, Hope your parents are fine too.
Did you get your GC now?? All the best and thanks for sharing your experience at Dulles.
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dpp
02-06 09:01 PM
Whenever the H1 is transferred, H4 also has to be transferred.
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09-20 01:46 AM
have been using mobissimo.com search engine for flights and works gr8. It's searches across all other travel sites. :p
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andy garcia
09-17 12:49 PM
Come on Andy - I am looking forward to see you in DC
I saw those guys in the situation room. I will look like their grandfather.:mad:
I saw those guys in the situation room. I will look like their grandfather.:mad:
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Wendyzhu77
09-29 07:17 PM
I don't think you need to worry about the number on w2. Wages on W2 do NOT necessarily represent your actual wage. Lots of pre-tax deductions can be deducted from the W2 number, which means your W2 wage can be significantly much less than your actual wage. Your pay-stub will be a better evidence for your wage.
Hi Everyone
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
Hi Everyone
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
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04-21 01:50 PM
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northstar1
07-26 03:57 PM
My company is going through a merger and it will be complete by third qtr of this year. I already filed my AOS on July 2nd.
I was told by my immigration attorney that if a buyer (new company) takeover all the immigration liabilities then I don't need to file an amendment. Is this correct?
From what i've researched, in your scenario it could quite possibly slip through without being an issue. Now technically, i beleive you are supposed to notify USCIS of a change if it occurs prior to 180 days of the 485 being pending and possibly file an successor of interest i-140. After 180 days it becomes a moot point since you are eligible for portablity and a simple job letter will suffice. In the former case if the officer notices it, you may get an RFE which will need to be responded with proof of the new companies, successor of interest status.
This is MY understanding. Not sure if it is totally accurate.
I was told by my immigration attorney that if a buyer (new company) takeover all the immigration liabilities then I don't need to file an amendment. Is this correct?
From what i've researched, in your scenario it could quite possibly slip through without being an issue. Now technically, i beleive you are supposed to notify USCIS of a change if it occurs prior to 180 days of the 485 being pending and possibly file an successor of interest i-140. After 180 days it becomes a moot point since you are eligible for portablity and a simple job letter will suffice. In the former case if the officer notices it, you may get an RFE which will need to be responded with proof of the new companies, successor of interest status.
This is MY understanding. Not sure if it is totally accurate.
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indian111
07-28 07:47 PM
It takes roughly 20 business days. We just got ours.
Hi Sumkam,
Can you let me know if you e-filed or paper filed?
Thanks
Hi Sumkam,
Can you let me know if you e-filed or paper filed?
Thanks
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vkmurthy260
06-25 11:32 AM
If you ask for a new I 94 you can get it from POE (provided I 94 is about to expire ). I got a new one while entering from Mexico last week. went out and came back in same day .
Hope this is information is usefull.
Thanks
Kris.
Hope this is information is usefull.
Thanks
Kris.
indianindian2006
08-28 03:19 PM
Dint know if i could post it, as its internal mail, thats y i removed it. Sorry abt confusion.
Venkat,
Did you not post some days back that you were approved for 485.What is your PD and what service center.
Venkat,
Did you not post some days back that you were approved for 485.What is your PD and what service center.
pom
04-28 04:47 PM
I changed it, but all it does for me is reload the page (???).
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