Thursday, June 30, 2011

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  • nousername
    03-06 07:01 PM
    To best of my knowledge, a person on EAD (probably not the primary candidate) can work for anyone.. It can be City, State, Federal or McDonald's at any position, part time or full time, provided the job does not involve any government classified information. Jobs involving classified information are only for citizens that too after proper background check.

    Primary candidate might work for the government i.e. if job requires skills that citizens don't have and that group has a policy of filing H1's..

    I hope this helps.

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  • lord_labaku
    10-13 10:29 AM
    Pls. google USCIS pages for official info. You cannot stay for more than 6 months away from US each year every year. The situation might be different if its a US based company abroad.

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  • dilbert_cal
    03-12 01:08 PM
    Just make the switch,,thats it! Its that simple!! Make sure when u join the new company they file your perm asap and when u r in the 140 stage, you could work with your lawyer to port your old PD. AC21 has made life better!

    There are two ways :-

    a) Get your H1 transferred and join a new company. You need to complete your new PERM and I-140 before Mar'08 to get your next extension. In this case, you cannot carry over your PD.

    b) Wait for your I-140 to be approved. Once it is there, move on, and file your PERM/I-140. You should be able to get your next extension based on the approved I-140 unless it is revoked. Also, you can start your PERM in parallel while waiting for I-140. You can speed up your I-140 by moving it to PREMIUM processing - it involves another 1000 $ of cost. This way you can carry on your PD if you can get a copy of the I-140 when you leave.

    There would be other ways too - folks here can enlighten you on the same and if there are any corrections in what I suggested you, they would gladly do it.

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  • Blog Feeds
    03-19 10:40 AM
    U.S. Citizenship and Immigration Services (USCIS) announced today that it will begin accepting H-1B petitions ( subject to the fiscal year (FY) 2011 cap on April 1, 2010. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked.

    The fiscal year cap (numerical limitation on H-1B petitions ( for FY 2011 is 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a U.S. master�s degree or higher are exempt from the H-1B cap.

    USCIS will monitor the number of petitions received and will notify the public of the date on which USCIS received the necessary number of petitions to meet the H-1B cap. If needed, USCIS will randomly select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date. USCIS will reject cap-subject petitions that are not selected, as well as those received after the final receipt date.

    We recommend employers to hurry up and get all the necessary documents in order to meet the April 1, 2010 deadline.

    Read the Press Release here.... ( D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    More... (


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  • simbasimba
    03-25 03:18 PM
    My fianc� is on a tourist visa and I am on a H1B visa, we are planning to get married while she is on a tourist visa? Is that okay to do so, any restrictions?
    Second question After marriage can I convert her visa to H4 dependant visa while she is here, so that she can stay with me without going back? Does she have to go out of the country for this conversion to happen?
    Also if she wishes to go out of the US on the tourist visa after we get married can she still apply for a dependant visa H4 to come here ? Will that cause any issues for her?

    Which one is better to do, marry and apply for her conversion right away over here or should she go back and apply from outside the country?

    Thanks Much!

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  • rbharol
    09-07 10:41 PM
    3/4th of U S A sleeping :)

    Most likely it is a recording.


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  • lost_in_gc_land
    02-02 02:05 PM
    Please help!

    My AP is pending and my H1 visa on passport has expired like 3 months back. I am on valid H1 status which is good for another 3 years till 2010. I have scheduled H1 stamping renewal interview in India. Can there be any problems in H1 visa stamping as my AP application (I131)is still pending?


    Hello Immigal,
    I hope your h1b stamping worked out well. if I would have read this post earlier then I would have warned you about 221(g) adminitrative processing which is a possibility for delay. I am in the boat for over 75 days and did not leave with AP approval. Got it after my interview and my lawyer advised me against using it.
    I would have waited for AP...
    On the other hand..god forbid you got 221g...but if you did then did you used your approved AP (if it got approved while you were out of the US) to go back to the US? What was your lawyers opinion on this?

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  • morchu
    05-04 12:55 PM
    EAD has nothing to do with your status. But yes, your status is OK as long as you have a pending 485 application.
    Yes. You can use your EAD and work for any company.
    No issues even if you are not working for some time.
    You are authorized to work for any company parttime or fulltime.

    I am working in company 'A' on H1B, Green card is processing from company 'B' as future employee. Got EAD.

    The job is getting over from Company 'A'.
    Can I use my EAD and can stay in US with out working to any company?
    Will there be any issues if TAX is not paid when I am not working.
    If i work part time then on do I need to work for company 'B' only?



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  • sdrblr
    09-15 04:47 PM
    I wonder what the ACLU will come up with :)

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  • thomachan72
    01-25 03:47 PM
    Returning to the US after living abroad for 9 years and need to know what is the best process for my wife to re-apply for green card.
    My wife and I have been married for 20 years, own a home in the US and have one child who holds a US passport. While living in the US my wife held a Green Card. However, when we moved she surrendered the card. Now we are returning to the US and she need to get the Green Card once again. Does she need to apply as if this is the first time or is there an application or process for previous residents or Green Card holders?

    Thank you for any and all help you can provide.

    JakeJake, am not sure but have heard from some previous GC holders that once you surrender then it is very difficult to get it back. She might have to start all over again. Have u checked with any attorney regarding this?


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  • coolpal
    03-30 12:35 PM
    You are good till the end of your original H1 regardless of the outcome of the extension... the catch is, you have to maintain H1 status.. meaning get paid, no benching etc.,

    pal :)

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  • cherl
    05-07 09:22 PM

    Thank you so much for your help. Really appreciate your help.

    So basically while I'm waiting for the priority date to become current, I can legally work aborad for several years without any harm to my GC application at all. When the priority date becomes current, I'll just need to come back to the U.S. to file I-485.

    Is that correct? Sorry for keeping asking. Just want to make sure before I make this major decision.


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  • wandmaker
    11-05 01:28 PM
    Hi guys,

    My LCA got denied today (reason unknown) and my H1-B has expired on Nov. 1 as well. :(

    I also have a pending I-485 petition with approved I-140. I also have a valid EAD. So I assume, I am currently shifted to AOS pending status working on EAD.

    My question is whether this denial negatively affects my pending I-485 application? I assume not but just wanted to confirm anyways :confused:

    Thanks for you responses.

    Your H1B LCA denial will not have negative impacts on your GC. To keep the records clean, fill out a new I-9 form and submit to HR.

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  • kirupa
    03-27 12:44 AM
    Added your first one Junaidi :)

    Please create a second thread for your second entry so that I can link directly to it!


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  • imbond707
    02-05 02:44 PM

    You can't check PERM status online. But you can get 'PERM Disclosure Data' in Access or TXT format form the following URL: (

    You can search for all cases approved for your employer in this database or text file.

    Hope this helps. Good Luck!!

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  • tammman
    12-13 02:22 AM
    If she has a valid L1 stamping in passport and she is still working for the employer she can enter without problems.
    Thankyou, for your response.


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  • abracadabra
    07-09 10:13 PM
    Please kindly send your stories, to microsoft at this email address they sincerely requested to send July2nd personal stories, there is a huge drive for these stories so that the legal department at microsoft will take this plead to the congressman/senator, this is a serious plea. I am sending mine

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  • ben212_76
    06-11 06:07 PM
    As we all know that getting a GC in US is next to impossible with dates getting retrogressed to Jan 1 2000 and no sign or indication of it getting better in near future I'm strongly thinking to apply through AINP program for Canada immigration.

    I truly believe that the comments and suggestions posted on this forum are very genuine, latest and by expert and experienced people. Believing this I am expecting all pros/cons of going ahead with Canada immigration.

    If anyone had done this then please share ur exp and thoughts. The asking fees by the Attorneys is too high and that doesn't includes Canadian Govt. fees. So please suggest on this.

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    02-09 10:15 AM

    I have applied 485 through a lawyer. The lawfirm sold their company to some one else. I was asked to file G28 and I didn't file for G28 yet.

    I got a mail saying I was sent RFE n Feb 4th. I haven't received the letter yet. Would the RFE go to lawyer or me?

    What should I do now?

    Thank you.

    Isn't it strange that even though Eb3-I PD Mar 04 is not current, they opened the file and sent RFE?

    05-31 12:52 PM
    Can I send my daughter to India for an year without having reentry permit?(she has greencard) (or) what is the maximum period children can stay out of US after getting greencard?

    Max. 180 days...She needs to be in the US for min. of 180 days per year to maintain the LPR.

    11-08 12:22 PM
    Reminded me of an incident when I was a teenager, a budding cricketer and was a huge fan of Nike sports shoes. I would see these uncles with big paunches wearing Nike and would think that the world is unfair that people like me don't get to wear Nike while random uncles do. Completely random thought!!!!

    The point being - the situation we are in, we hope that our plight should be a discussion point in every conversation that India and US ensue in. It crossed my mind a couple of times that we should have pushed for it. State of mind I guess.

    Do you think anyone will even mention (hopefully get solutions) the eb backlogs to the President when he is touring India? Do you think anything good might come out of it for us?

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