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darius morris michigan

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  • eagerr2i
    09-04 04:15 PM
    If you travel abroad when the change is status is pending, the change of status is deemed withdrawn. Pls contact your immigration lawyer, so that he can work with USCIC to get the new I-94 details on the petition.

    If the petition was approved before the travel happened, then all that you need to do is to start working and get a visa stamp of H1 when you go out of the country.





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  • gc_lover
    06-28 10:25 AM
    There is already a thread for BC. Please don't open new thread for every question.





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  • AB1275
    09-25 04:42 PM
    Yes both are my posts.....

    My concern is what kind of an RFE is this? Is it serious?





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  • GLIX
    10-24 02:16 AM
    Is it correct that with an AP you are not guaranteed re-entry? There was a qualifier on the INS website? For how many months is it valid? DO you need a lawyer to re new it or is it an easy process that any layman can re-new on their own?



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  • shreekhand
    09-18 12:39 PM
    It all depends on their background check and security requirements.

    As a non-US citizen your EAD has the same worth as a H1B for these jobs. Same is the case for LPR's for US Federal jobs with various security clearance checks (where only US Citizens can apply).





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  • kondur_007
    04-17 10:35 AM
    I have the following status working with the original H1B employer who filed for my green card petition:

    1) PD Jan, 2007, EB3-I
    2) I-140 approved and pending AOS
    3) 2 yrs. EAD available, expiring Sep. 2011
    4) H1B will be expiring within 3 months (1 year left from 6 years limit)

    My questions,

    1) Can I use EAD instead of extending H1B? I want to stay with the same employer as a
    full time employee.
    2) If yes, is it required to inform INS? How and when?
    3) In that case, how me, my son (middle school student, H4 & pending AOS) and wife's (EAD & pending AOS) stay in US will be justified with no valid I-94 (assuming I am not extending H1B anymore) ?

    Answers to my above questions will be highly appreciated.:confused:

    Answers:

    1. Yes you can.

    2. You do not need to inform INS as such; all you need to do (when you change from h1 to EAD) is to fill out new I-9 form with your employer. Ask your employer/HR dept and it is very easy form to fill out; that basically changes your job status from "H1 to EAD".

    3. As long as their AOS is pending, they are all legal; I 94 does not matter. They are in authorized period of stay. Of course, their H4 status will be gone.

    Only issue in doing this, is just in case, (by bad luck or something) if your 485 gets denied, then all three of you may not have anything to "fall back on". That is the one risk you take when you let your H1 go. Other than that, make sure everyone has AP (whenever they travel outside) and EAD (if they work/study) and you will be fine.

    Good Luck.



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  • dg_247
    05-19 04:39 PM
    Hi,

    My friend got his H1 last year for 2007-2008 and came to US in DEC 2007, he works for IT company. However, since he has arrived he has not been placed on a project and so no pay stub has been generated. He has been on bench for 6 months.(technically without a job but has H1)
    Is he out of status?
    Can he show that he is on vacation till he gets a project?
    Is there any other way?

    Pls help.

    Thanks!





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  • desi3933
    01-25 09:19 AM
    I work with a consulting company on client side. The client is planning a shutdown for 2 days a month - 2nd and 4th Friday.

    Do you guys think its gonna impact 485 application. I am asking this question cause the labor was approved for 40/hrs per week and the salary slip shows the number of hrs worked per month which will be lesser than 160 (in case the month has 4 weeks).

    BTW, I am on EAD and 140 approved couple of years back.

    Thanks


    Pavan -

    You should maintain 40/hr per week. This could mean - your consulting company paying these days for your "full time job". The other option is - taking paid time off for these days. Again, it should be paid time off.

    Good Luck.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • waitingforead
    09-03 04:38 PM
    Is there premium processing for I-765 which is t get EAD through marriage.
    Of course all the papers are being filed together. But I wanted to know specifically about this one.

    I thought I saw it somewhere.

    Thanks.





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  • CHHAYA
    01-15 08:14 AM
    It took 8 months for the paper work,running ads etc.
    It was filed on Nov 9th and my HR got approval on Jan 5th.

    EB3 and EB2 from same Company.

    Do you have 3 years bachelors Or 4 years Bachelors + MS? I have 3 years bachelors and 8 years of experience with same employer and 15+ years experience in same field. Am I eligible to port from Eb3 to Eb2? How much is cost invloved approx?

    Appreciate any response.



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  • Michigan sophomore Darius



  • psnycgirl
    03-08 03:43 PM
    Both my husband and I have been using our AP for traveling for the last few years and he uses his EAD for his job. So trying to say that we don't use our H visas but his employers renew them anyway when its time to renew.
    Our H visas are about to expire this week and the lawyers sent in the extension paperwork to INS in December. Somehow we never really followed up and recently realized that somehow my husband's H1 application either never reached there or got misplaced since they only sent my H4 receipt even though both were fedexed in the same envelope. His employers are going to file again.
    Now we are planning to travel next month. So here are my questions:
    1. Can we travel with our applications pending?
    2. If INS considers our applications abandoned if we travel, does it make a difference, especially because we don't use our H status for either work or travel?
    3. The lawyers are suggesting expedited/premium processing for my husband. How long does it tae these days (Vermont center) and can my H4 be filed along too even though one is pending since December (and I think it will remain pending forever because it has no corresponding H1 so how will they approve the H4)?

    Thanks!





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  • vgopal375
    06-18 03:43 PM
    Hi,

    I am on Adv-Parole (with EAD) and planning to visit India in July 2010.

    I know that UK and France require transit visa, but I was wondering whether I can fly via KLM (Amsterdam) OR Lufthansa (Frankfurt) without any transit visa ?

    Will appreciate the response.

    Thanks,
    Venu.



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  • cool_desi_gc
    06-25 07:00 AM
    I got FP notice inside 2 weeks of submitting my EAD application. I am in TSC. Again FP depends on when you last Finger prints. I dont everyone 'HAS' to get FP.





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  • chiranjeevij
    04-02 05:10 PM
    Hope your issue is already resolved. But a friend of mine, his PERM application was also denied. But they filed an Appeal and immediately, next day, they applied for his H1-B extension (7th yr) and it got approved.



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  • samuel5028
    02-21 01:38 AM
    ya i know exactly what you want to say , its easy for them follow the pattern.

    maybe its best that 1 year i go to visit her and 1 year i call her over here .


    :-)
    Even its the best idea. But make sure you follow perfectly.........





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  • mk26
    12-05 03:27 PM
    Can my current company continue my GC even if I transfer my h1 and join another company?

    Priority date - May 2007
    I-140 Approved - Jun 2008

    Waiting for date to be current to file I485 and my current company is ready to continue the GC process even if I transfer my H1 to another company.

    Your expert advise will really be a help for me to take decision on this , is it wise to change h1 now?



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  • pappu
    03-10 03:11 PM
    You can always add corrections, You are the Admin!

    Do not waste your time on soft LUDs





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  • devd
    09-11 04:17 PM
    Thanks for the reply,

    Can i call USCIS or it should only be attorney or some authorized persons?

    I agree, Online status is unreliable, but the recent update about undeliverable looks quite straight forward.





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  • akela_topchi
    01-20 12:42 AM
    Dear Friends

    I have a friend who is currently on H1B, currently on vacation in home-country, and stuck in PIMS verification.

    1. he has H1B from current employer (valid till 2009) - Employer1.
    2. another H1B from previous employer - Employer2. Previous employer ready to hire him again.
    3. His spouse filed for his GC and his EAD, AP has already been received. Spouse has approved PERM, pending i140 and pending AOS.

    He came on H4, converted to H1B (with Employer2), then switched to Employer1. Then went on vacation, and appeared for H1 re-stamping interview with i797, documents provided by current employer (Employer1).

    Now he is stuck in PIMS verification, and the current employer want him to join asap and threatening to terminate her employment.

    Assuming that current employer does not revoke H1B, but terminates him, can you help answer following doubts -

    [A] validity of such a stamp on passport -
    Q1. Will the visa stamp (with current employer) be vaild?
    Q2. Previous employer hasn't revoked the H-1B, will that still be usable for jobs, re-entry?

    [B] Re-entry
    Q3. Inspite of termination, can the stamp and i797 of the current employer valid for re-entry?

    Q4. Should he rather use i797 of the previous employer + passport (with stamp of current employer) for re-entry? Previous employer can provide offer letter and job description etc.? Is this route valid and will they allow re-entry on this?

    Q5. Though he wants to continue on H-1B, but if his current situation may result in violation of any provisions, should he rather use Advance parole to re-enter?

    THANKS A LOT IN ADVANCE FOR ALL YOUR RESPONSES!!!!





    vennella
    06-18 02:46 PM
    Thank you frostrated for your reply!

    I have valid H-1 visa to re-enter US. My visa is valid till Dec 2011. I already got that stamped when i went to india last year.
    So I shouldn't run into any problems at the port of entry, even if my AP gets approved while I am out of the country, right? Thanks so much for taking time to answer.





    grupak
    11-15 01:29 PM
    North Carolinians join us. Lets work together.

    We had our first meeting, there are plans to meet local lawmakers. We need member participation.



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