sudhirvallam
10-24 06:39 PM
The below memo from USCIS clearly states that your H1B will be valid if you use EAD for secondary job.
2. If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status?
Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Amended INS Memo on H/Ls Traveling on Advance Parole, U.S. Immigration, Law Offices of Carl Shusterman (http://shusterman.com/handlvisas-travelingonadvanceparole.html)
2. If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status?
Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Amended INS Memo on H/Ls Traveling on Advance Parole, U.S. Immigration, Law Offices of Carl Shusterman (http://shusterman.com/handlvisas-travelingonadvanceparole.html)
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new_horizon
03-14 05:11 PM
$600 for individual. $1200 for joint filing (hus & wife), and $600 for each dependent (child). Don't know if parents (dependents) are included.
also there is a ceiling in AGI.
Single - <75K;
Joint - <150K
but the amount gradually decreases as your AGI reaches the ceiling : (
I just got the IRS letter with the info yesterday.
Its part of Bush's stimulus package... I don't don't think anything is required on your part besides filing taxes. The rebates should be coming in around May according to NPR, if I am not mistaken. $600 per individual filing. In a joint filing $600 each for husband and wife, $300 for each kid (ceiling?)
also there is a ceiling in AGI.
Single - <75K;
Joint - <150K
but the amount gradually decreases as your AGI reaches the ceiling : (
I just got the IRS letter with the info yesterday.
Its part of Bush's stimulus package... I don't don't think anything is required on your part besides filing taxes. The rebates should be coming in around May according to NPR, if I am not mistaken. $600 per individual filing. In a joint filing $600 each for husband and wife, $300 for each kid (ceiling?)
rani77
10-09 09:29 AM
situation is quite different from CA. True, for first time driver's license, you have to show legal status proof. But, you are issued license for 4 years, irrespective of when your current status expires.
For DL renewal in CA, it happens by mail. You once again get 4 year license. No status proof required.
There is definitely no concept of different form of DL in CA where an officer will be able to receogize from the DL, whether is PR or not, as has become the law in Texas.
CA is quite cool with respect to DL renewals.
This was in past not now.
For DL renewal in CA, it happens by mail. You once again get 4 year license. No status proof required.
There is definitely no concept of different form of DL in CA where an officer will be able to receogize from the DL, whether is PR or not, as has become the law in Texas.
CA is quite cool with respect to DL renewals.
This was in past not now.
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minimalist
10-08 01:37 PM
I am starting this thread to collect and share experiences using EAD as proof of legal presence with with VA DMV.
1) I read on the forums that if we take EAD to DMV , they would fax it to Richmond and wait for verification.It could take anywhere from half an hour to 1 week.
I went to DMV in TysonsCorner, was told that I need to bring I797 to be able to get them to fax it. This was on 10/2/2010
2)I went to Franconia DMV with I797 for my EAD application. ( I797 is the receipt notice )
I was told that, I need to bring Original receipt notice of 485 application and If I have that, the manager can issue me the licence then and there.
I said that I cannot get the original 485 receipt and requested them to fax it to Richmond and wait for the response.Then they started saying even for faxing they need 485 original receipt.
I couldn't corroborate that , but any way decided to try Tysons corner DMV again.
This is today, 10/08/2010.
I will update the post after trying one more time at Tysonscorner DMV with I797 of EAD.
If anybody else has experience or knowledge of this process , please post to this thread.
1) I read on the forums that if we take EAD to DMV , they would fax it to Richmond and wait for verification.It could take anywhere from half an hour to 1 week.
I went to DMV in TysonsCorner, was told that I need to bring I797 to be able to get them to fax it. This was on 10/2/2010
2)I went to Franconia DMV with I797 for my EAD application. ( I797 is the receipt notice )
I was told that, I need to bring Original receipt notice of 485 application and If I have that, the manager can issue me the licence then and there.
I said that I cannot get the original 485 receipt and requested them to fax it to Richmond and wait for the response.Then they started saying even for faxing they need 485 original receipt.
I couldn't corroborate that , but any way decided to try Tysons corner DMV again.
This is today, 10/08/2010.
I will update the post after trying one more time at Tysonscorner DMV with I797 of EAD.
If anybody else has experience or knowledge of this process , please post to this thread.
more...
fromnaija
01-13 10:58 AM
Are you jocking Chandrakanth ? ;);););):eek::eek::cool::cool:
Apart from the 'parsing email and assigning case to officer' it is true. Also it is for Texas Service Center only. I have the AILA document that shows how to do this. It is AILA InfoNet Doc No. 08103067. Ask your lawyers of that!
Apart from the 'parsing email and assigning case to officer' it is true. Also it is for Texas Service Center only. I have the AILA document that shows how to do this. It is AILA InfoNet Doc No. 08103067. Ask your lawyers of that!
gccovet
08-20 03:40 PM
@acecupid: Thanks for the response. For me it is Chicago consulate it will take 10-15 days.
which comes pretty close to my travel date. As you mentioned i do hope it will not be a problem.
Also today I talked to the Indian consulate in Chicago they told me I can travel without any problem. As long as the passport is valid even it is the last day of the validity I should be fine with the travel. There shouldn't be a problem with the immigration officers during travel based on that.
@kanakabyraju: Thanks for the advise. I might try that.
For a valid visa stamp you need a passport with six month validity. But I have not seen any where for traveling you need a six month validity. If you personally experienced any problem while traveling with less than six valid passport. please post your experience it will help me and others.
Thanks,
One note, at PoE, IO might grant I-94 only upto your passport validity date, Once you have new passport after coming back, you will have to contact your local CBP office to extend your I-94.
GCCovet
which comes pretty close to my travel date. As you mentioned i do hope it will not be a problem.
Also today I talked to the Indian consulate in Chicago they told me I can travel without any problem. As long as the passport is valid even it is the last day of the validity I should be fine with the travel. There shouldn't be a problem with the immigration officers during travel based on that.
@kanakabyraju: Thanks for the advise. I might try that.
For a valid visa stamp you need a passport with six month validity. But I have not seen any where for traveling you need a six month validity. If you personally experienced any problem while traveling with less than six valid passport. please post your experience it will help me and others.
Thanks,
One note, at PoE, IO might grant I-94 only upto your passport validity date, Once you have new passport after coming back, you will have to contact your local CBP office to extend your I-94.
GCCovet
more...
somegchuh
10-31 05:26 PM
Thanks everyone for the input. Does anyone know if they issue the renewed EAD starting at the end of the current EAD or does the renewed EAD start on the day the case gets updated? If the answer is latter then I don't want to bother pushing the lawyer (not that they care anyways ;-)
my lawyer said that if anyone uses EAD to work or planning to use EAD soon (not H1B) then it is better to apply for EAD renewal before 6 months of current one expires. If you are in H1B not planning to use EAD even in future then you can renew it 3-4 months before expiry.
my lawyer said that if anyone uses EAD to work or planning to use EAD soon (not H1B) then it is better to apply for EAD renewal before 6 months of current one expires. If you are in H1B not planning to use EAD even in future then you can renew it 3-4 months before expiry.
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hmehta
05-31 11:32 AM
On the same lines, one of my relative was also denied entry into the US at the Mineapolis airport. She is a widow, 70 years of age, and used to come here to visit her only son and daughter-in-law and their son, since last 6 years. She used to stay for 6 months during the summer time (April to Oct.) and then 6 months in India. But this time when she came here they denied her entry suggesting that you have a pattern of staying here since last 6-7 years at the same time of the year, so you are doing something illegal!!!!......
Now how can one explain this???....70 years of age, a widow and her only son and daughter-in-law earning together earning atleast 6 figure income, a house of their own.....never went out of status, never extendend her stay beyond 6 months.......doing something illegal? and that too they said that they 'suspect'!....no proof whatsoever.....but according to law, she had to go back....this sucks big big time.
Now how can one explain this???....70 years of age, a widow and her only son and daughter-in-law earning together earning atleast 6 figure income, a house of their own.....never went out of status, never extendend her stay beyond 6 months.......doing something illegal? and that too they said that they 'suspect'!....no proof whatsoever.....but according to law, she had to go back....this sucks big big time.
more...
katrina
05-31 01:05 PM
You should look at it from the point of view of the immigration officer, that person was 50% immigrant and because of that needs to apply for a Green Card, on the mean time one visit a year for less than 90 days or one visit every two years for 6 months will make them a 25% of the time or less resident of USA, which doesn't raise any flag, you have to put yourself in the shoes of the immigration officer.
Yup and for that reason people try to sponsor their family and their relative (sister and brother ) for Green Card. Because whenever you try to follow the system they try to make hard on you. When you try honest way telling the truth that you just want to visit your friends or family here they suspect you want to immigrate here. Older people from other country tend not to come over here and stay cause they will fully depend on their kid to get around
in unfamiliar place but I guess the immigration officer don't think like that.
Yup and for that reason people try to sponsor their family and their relative (sister and brother ) for Green Card. Because whenever you try to follow the system they try to make hard on you. When you try honest way telling the truth that you just want to visit your friends or family here they suspect you want to immigrate here. Older people from other country tend not to come over here and stay cause they will fully depend on their kid to get around
in unfamiliar place but I guess the immigration officer don't think like that.
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rajunpatil
08-30 05:02 PM
--------------------------------------------------------------------------------
I am in severe trouble, my employer said he would terminate my h1b and GC.
I have I140 Approval copy with me
My I485 was filed on July 2nd 2007
My priority date is June 2004
I have not yet received any receipts for I485
My checks are not cashed.
My H1B is valid until Nov 2007
I am drop dead, what should I do now.
I am looking for
option1: a new employer to transfer my h1B
option2: I was doing my MS, so chnage status to F1.
But what will happen to my GC, Priority dates , I140
Please, tell me what is my best option to continue staying in US.
I am in severe trouble, my employer said he would terminate my h1b and GC.
I have I140 Approval copy with me
My I485 was filed on July 2nd 2007
My priority date is June 2004
I have not yet received any receipts for I485
My checks are not cashed.
My H1B is valid until Nov 2007
I am drop dead, what should I do now.
I am looking for
option1: a new employer to transfer my h1B
option2: I was doing my MS, so chnage status to F1.
But what will happen to my GC, Priority dates , I140
Please, tell me what is my best option to continue staying in US.
more...
boston_gc
01-20 06:40 PM
Folks:
I was just informed by my lawyer that there is a potenital for significant delay in getting the visa stamped due to security checks. I assume it is PIMS related. My questions is:
1: Has anyone experienced such delay recently at Delhi Consulate? Please note that last visa H1B expired in Aug 2010.
2: Is there any proactive steps I can take before going to India and make sure that there are no delay due to PIMS verification
I also read somewhere that there is a way to get PIMS verification done while in US.
I will appreciate your responses.
I was just informed by my lawyer that there is a potenital for significant delay in getting the visa stamped due to security checks. I assume it is PIMS related. My questions is:
1: Has anyone experienced such delay recently at Delhi Consulate? Please note that last visa H1B expired in Aug 2010.
2: Is there any proactive steps I can take before going to India and make sure that there are no delay due to PIMS verification
I also read somewhere that there is a way to get PIMS verification done while in US.
I will appreciate your responses.
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calboy78
02-05 04:44 PM
A few years ago this was the rule:
10 yrs visitor visa - can NOT stay > 180 days
5 yr visitor visa (same price as 10 yrs visitor visa) - can stay > 180 days but you have to register with appropriate agency in India. I got 5 yr visa for my son, he stayed there for 7 months. we had registered him in nearest police station.
So, in my opinion PIO is better - its like 15 yr visa.
hope this helps.
Me and my were indian nationals with EAD etc. Our Kid was born here. We are planning to go to India and planning to apply for Visa for our kid.
I would like to know 10year indian visa is best of PIO card is best. I read some where that if any one has PIO card, and if they are staying more than 180days, we have to report to Foriegners Report cell in india.
Do we need to report the same if kid has india visa for 10years?
I am not sure how far this is true? Can anyone guide on this.
~Sree
10 yrs visitor visa - can NOT stay > 180 days
5 yr visitor visa (same price as 10 yrs visitor visa) - can stay > 180 days but you have to register with appropriate agency in India. I got 5 yr visa for my son, he stayed there for 7 months. we had registered him in nearest police station.
So, in my opinion PIO is better - its like 15 yr visa.
hope this helps.
Me and my were indian nationals with EAD etc. Our Kid was born here. We are planning to go to India and planning to apply for Visa for our kid.
I would like to know 10year indian visa is best of PIO card is best. I read some where that if any one has PIO card, and if they are staying more than 180days, we have to report to Foriegners Report cell in india.
Do we need to report the same if kid has india visa for 10years?
I am not sure how far this is true? Can anyone guide on this.
~Sree
more...
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reddymjm
08-19 01:18 PM
As there might be people who will be adding spoues or filing new 485 applications. This will help.
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amitk81
09-19 04:48 PM
Here is my 2 cents.
Had an interview in US consulate in Mumbai late August.
Was asked just one question and the visa officer on counter-3 started talking with my wife about her life and our kid! they went on talking for 5-7 mins completely neglecting me or asking me a single question after the initial question.
After about 10 min she told my wife that you have been granted visa, we got our passports from VFS next day!
What I inferred from the conversation is that it is sometimes better to be the observer and not interfere :)
Don't worry you will receive your passport, but please remember next time don't speak until your are asked a question especially when there is a visa officer involved!
Amit
Had an interview in US consulate in Mumbai late August.
Was asked just one question and the visa officer on counter-3 started talking with my wife about her life and our kid! they went on talking for 5-7 mins completely neglecting me or asking me a single question after the initial question.
After about 10 min she told my wife that you have been granted visa, we got our passports from VFS next day!
What I inferred from the conversation is that it is sometimes better to be the observer and not interfere :)
Don't worry you will receive your passport, but please remember next time don't speak until your are asked a question especially when there is a visa officer involved!
Amit
more...
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kumar1305
02-10 01:07 PM
5 Years should be fine.
The best would be something like " As soon as some one paid a net $50000 as federal taxes over the years" can get the GC.
Or
As soon some one pays the federal tax for half a million dollars will be eligible for GC.
With a minimum of 5 years of stay in the US and on any employment visa.
All this employer sponsorship, labor, 140, 485 are BS.
This is how it is all over Europe.
The best would be something like " As soon as some one paid a net $50000 as federal taxes over the years" can get the GC.
Or
As soon some one pays the federal tax for half a million dollars will be eligible for GC.
With a minimum of 5 years of stay in the US and on any employment visa.
All this employer sponsorship, labor, 140, 485 are BS.
This is how it is all over Europe.
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mdcowboy
02-25 08:45 PM
I don�t want to get into this fight or judge the OP. They are already paying the price for they did. Just I want to reply for your post. If it has happened by mistake we can consider put ourselves into their shoes. I believe most of us do not want to shoplift intentionally. Some people are doing it for fun/thrill or it�s in their blood. In this context, I failed to understand what do you mean by 'Put yourself in their shoes'.
People got one more channel to vent their frustration... Never mind...
I don't know if they did this intentionally or not. They may be remorseful or not. They may be seriously looking for some immigration advice and not your banter.
People got one more channel to vent their frustration... Never mind...
I don't know if they did this intentionally or not. They may be remorseful or not. They may be seriously looking for some immigration advice and not your banter.
more...
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sherlock01
10-16 07:54 PM
Can you please send the format of the letter you faxed? Did you include a letter from the employer?
I need to do the same for my wife. It's about 60 days since we applied and my wife just got a job. Her EAD expires in 20 days. We applied together and mine was approved 3 weeks back. Really frustrating :mad:
I googled and found TSC EAD expedite processing fax numbers of. On 84th day, we faxed our request to TSC. To our surprise, same day evening the status on our case changed to "Card ordered for production". Our tension was released and had a fun weekend.
Hope this information is helpful to someone in similar boat. Below are the fax numbers:
(214)962-1454
(214)962-1450
(214)962-1415
(214)962-2632
I need to do the same for my wife. It's about 60 days since we applied and my wife just got a job. Her EAD expires in 20 days. We applied together and mine was approved 3 weeks back. Really frustrating :mad:
I googled and found TSC EAD expedite processing fax numbers of. On 84th day, we faxed our request to TSC. To our surprise, same day evening the status on our case changed to "Card ordered for production". Our tension was released and had a fun weekend.
Hope this information is helpful to someone in similar boat. Below are the fax numbers:
(214)962-1454
(214)962-1450
(214)962-1415
(214)962-2632
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gsc999
06-08 05:41 PM
When the poor Irish came to US, was there a rule that said, they can get their papers sooner if they pay some extra money? Premium processing is creating e.
--
The premium processing fee is paid by the employer. Infact, all processing fee is paid by the employer. Am I missing something here?
Why would someone argue against premium processing? ...Well people who think it is against their or American values better not apply for premium H1-B or premium I-140 processing :D
--
The premium processing fee is paid by the employer. Infact, all processing fee is paid by the employer. Am I missing something here?
Why would someone argue against premium processing? ...Well people who think it is against their or American values better not apply for premium H1-B or premium I-140 processing :D
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jchan
05-14 05:25 PM
As far as I know, there is another one for US Educated Advance Degree in STEM. But I don't remember the number of the bill.
On what basis are you saying this?
If EB folks don't want to do anything for their own benefit, there won't be any hope even after 2009. We will be over shadowed by 12 million folks once 2009 kicks in. Good luck finding a solution then.
We already have 2 bills (HR5882 and HR 5921) in the Judiciary committee, did U call U'r lawmaker and seek support from him/her.
PD's don't move forward based on ppl praying, it moves based on supply and demand. Right now the demand is very high and the supply of visa is very low. We can improve the supply situation if the bills goes through.
On what basis are you saying this?
If EB folks don't want to do anything for their own benefit, there won't be any hope even after 2009. We will be over shadowed by 12 million folks once 2009 kicks in. Good luck finding a solution then.
We already have 2 bills (HR5882 and HR 5921) in the Judiciary committee, did U call U'r lawmaker and seek support from him/her.
PD's don't move forward based on ppl praying, it moves based on supply and demand. Right now the demand is very high and the supply of visa is very low. We can improve the supply situation if the bills goes through.
ThinkTwice
07-11 05:35 PM
Where are they?
People who want to volunteer:
Please PM Franklin or/and me your e-mail address and phone number so that we can share the phone list. There are 380 numbers to call. So if e'one takes 50
we need seven members.
People who want to volunteer:
Please PM Franklin or/and me your e-mail address and phone number so that we can share the phone list. There are 380 numbers to call. So if e'one takes 50
we need seven members.
chanlal
07-31 04:32 AM
Hi My name is Chamraj from India, obtained a h1b from a new jersy based company in Dec 2007. I have signed the agreement of Employment i.e part of my offer letter before appearing for my visa interview.
Infact they had given two offer letters. 1. offer letter with no agrrement of employment after shortlisting me for processing h1b.
2, Offer letter with agreement of employment just before going to us consulate for stamping.
I was asked to give a indian bank guarantee of 100 thousand INR, so i have given them a BG of 100 thousand INR. During last 30 months i was asked to renew my BG twice and i did the same and gave them the renewed copies. But they never bothered to send me to us on h1b.
BG got expired on last month and now they want me to travel to US immdly.
If i do not travel they were asking me to pay 4000 USD as the expenses incurred to process my h1b visa. They also want to take legal action against me.
I have waited for 2,5 years waiting for them to send me to us. they did not send me during last 2.5 years,
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
I am still in India and i was not paid single penny by the company so far. I waited for more than 18 months and now already 30 months over.
Pls advice how i can face his legal action. Can he take a legal against me when i am india where the offer is subject to laws of New Jersy state laws.
Thanks
Infact they had given two offer letters. 1. offer letter with no agrrement of employment after shortlisting me for processing h1b.
2, Offer letter with agreement of employment just before going to us consulate for stamping.
I was asked to give a indian bank guarantee of 100 thousand INR, so i have given them a BG of 100 thousand INR. During last 30 months i was asked to renew my BG twice and i did the same and gave them the renewed copies. But they never bothered to send me to us on h1b.
BG got expired on last month and now they want me to travel to US immdly.
If i do not travel they were asking me to pay 4000 USD as the expenses incurred to process my h1b visa. They also want to take legal action against me.
I have waited for 2,5 years waiting for them to send me to us. they did not send me during last 2.5 years,
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
I am still in India and i was not paid single penny by the company so far. I waited for more than 18 months and now already 30 months over.
Pls advice how i can face his legal action. Can he take a legal against me when i am india where the offer is subject to laws of New Jersy state laws.
Thanks
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