glus
10-20 08:22 AM
Hello,
As EAD is not same like H1-B, you can not work if the old EAD expires and new one is not issued (see an attorney's reponse here (http://forum.freeadvice.com/immigration-9/ead-renewal-195657.html) and here (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=7161084702)). If EAD application is pending for more than 90 days, then you can open a service request and request expedited approval (there have been cases where such requests resulted in EAD approvals within a week). It is worth a try to approach the local USCIS and request a temporary EAD, but as far as I know, USCIS has stopped issuing such temporary cards.
It is important that you do not work in-between the expiry date of old EAD and start date of new EAD, so it is better to ask for unpaid leave for such time, though there is no need to quit the job. If the work demands are heavy, you may want to continue working as per 245k (but you will have to pay 1000 USD as fine), see the discussion here (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/20566-new-245-k-memo-released-with-more-clarifications.html).
Good luck!
hi there,
There is no 245(k), $1000 fee. This fee applied to different law, 245(i), which does not apply here. If a person works during the gap between EADs, he/she will incur "unauthorized employment". However, this clock stops when a new EAD is approved. As long as an Employment-based 485 beneficiary or derivative beneficiary did not incur 180 days of unauthorized employment or more, as in this case, his/hers I485 can be approved due to the 245(k) protection.
Best Wishes,
As EAD is not same like H1-B, you can not work if the old EAD expires and new one is not issued (see an attorney's reponse here (http://forum.freeadvice.com/immigration-9/ead-renewal-195657.html) and here (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=7161084702)). If EAD application is pending for more than 90 days, then you can open a service request and request expedited approval (there have been cases where such requests resulted in EAD approvals within a week). It is worth a try to approach the local USCIS and request a temporary EAD, but as far as I know, USCIS has stopped issuing such temporary cards.
It is important that you do not work in-between the expiry date of old EAD and start date of new EAD, so it is better to ask for unpaid leave for such time, though there is no need to quit the job. If the work demands are heavy, you may want to continue working as per 245k (but you will have to pay 1000 USD as fine), see the discussion here (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/20566-new-245-k-memo-released-with-more-clarifications.html).
Good luck!
hi there,
There is no 245(k), $1000 fee. This fee applied to different law, 245(i), which does not apply here. If a person works during the gap between EADs, he/she will incur "unauthorized employment". However, this clock stops when a new EAD is approved. As long as an Employment-based 485 beneficiary or derivative beneficiary did not incur 180 days of unauthorized employment or more, as in this case, his/hers I485 can be approved due to the 245(k) protection.
Best Wishes,
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sundevil
06-19 10:04 PM
This time around its unchartered territory with these flood gates open. As for current ways there is a chance(still only chance there is no science) you will get the rcpt date by then, but who knows what will go on.
Guys, this thing is so important, do not play games with it and screw up you application. Unless travel is absolutely must, forget about it. All lawyers including mine are suggesting to cut short any visits, cancel any existing plans and don't make new plans. The dates could retrogress to stone age, do you really want to take a chance and wait for the next opportunity, if something doesn't work out.
Guys, this thing is so important, do not play games with it and screw up you application. Unless travel is absolutely must, forget about it. All lawyers including mine are suggesting to cut short any visits, cancel any existing plans and don't make new plans. The dates could retrogress to stone age, do you really want to take a chance and wait for the next opportunity, if something doesn't work out.
viswanadh73
01-07 11:29 AM
hi Munna,
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.
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vasa
07-08 04:43 PM
5 stars and posted comments..good job dude
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Nov2004
08-26 01:08 PM
Bump^^^^
can you please let us know some details. I am in the same situation.
Nov2004, eb3, i140 approved and i485 applied.
1. What happens to the present ead, after filing the new i140.
2.after i140 do we have to apply for new i485?
can you please let us know some details. I am in the same situation.
Nov2004, eb3, i140 approved and i485 applied.
1. What happens to the present ead, after filing the new i140.
2.after i140 do we have to apply for new i485?
imv116
06-06 05:36 PM
Hi S.Hoosier,
Subject to the AC21 restrictions, like what? Could you please elaborate?
Yes, you should be able to use AC21 to change employment (subject to the AC21 restrictions).
Subject to the AC21 restrictions, like what? Could you please elaborate?
Yes, you should be able to use AC21 to change employment (subject to the AC21 restrictions).
more...
shankar_thanu
08-05 12:47 PM
RD: July 2nd
PD: Oct 2005
ND: Aug 24 2008
EB2 I
Someone in another thread posted saying TSC IO said they are processing by ND...
PD: Oct 2005
ND: Aug 24 2008
EB2 I
Someone in another thread posted saying TSC IO said they are processing by ND...
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Berkeleybee
03-01 01:22 PM
All you have to do is scroll down the home page.
Let me know if you still have difficulties.
Let me know if you still have difficulties.
more...
gg_ny
09-12 07:16 PM
Working on "loss of pay" means you are still on the pay roll but cannot sustain keeping up your responsibilities of your job. You are still in status. People who go to home country for visa validation, when get struck there, are supposed to be at "loss of pay" but still on the job; that is the reason they get the visa stamps and come back. If they go into out of status, they wouldn't have gotten the visa stamp. This has happened to a few people from India and China that I know of a couple of years back.
Vacation could be taken under such an understanding with your HR.
-----------
I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
You have to be on a payroll to maintain your status.
Vacation could be taken under such an understanding with your HR.
-----------
I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
You have to be on a payroll to maintain your status.
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ramaonline
07-15 02:10 PM
You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.
But on H4 you can still work on EAD, while maintaining your H4 status.
H4 status ends the moment you start using EAD for employment. You would need to use AP for travel and re-entry.
But on H4 you can still work on EAD, while maintaining your H4 status.
H4 status ends the moment you start using EAD for employment. You would need to use AP for travel and re-entry.
more...
harrydr
08-03 09:36 AM
Hello IV friends,
My PD is May 2008 and currently i have an approved i-140. I have been wanting to change my job but always been scared of the impact on my GC processing as i heard if i change my job prior to filing for I-485 (which i cannot as the PD is not current), i would have start the process all over again. What are my options here? Thanks in advance.
My PD is May 2008 and currently i have an approved i-140. I have been wanting to change my job but always been scared of the impact on my GC processing as i heard if i change my job prior to filing for I-485 (which i cannot as the PD is not current), i would have start the process all over again. What are my options here? Thanks in advance.
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greenguru
03-31 06:37 PM
Here is the process for porting
1. Apply for EB2
2. Apply for I-140 under EB-2. Attached your old EB3 I-140 and request for a porting.
3. If you applied for 485 already then mention the A# so your 485 will get approved automatically.
Hope this helps.
CHeers, GG
1. Apply for EB2
2. Apply for I-140 under EB-2. Attached your old EB3 I-140 and request for a porting.
3. If you applied for 485 already then mention the A# so your 485 will get approved automatically.
Hope this helps.
CHeers, GG
more...
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gc2
09-23 11:11 AM
i am waiting for response from my lawyer in atlanta. i was wondering if people have gone through similar situation where they take a promotion with same employer or change jobs. Since AC21 leaves a lot of room for interpretation, it would be helpful to know past cases.
thanks
thanks
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glamzon
07-27 11:16 AM
Thanks
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pokemon
05-27 12:37 PM
Thx
Pokemon
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Bhaskar_80
06-10 02:42 PM
Once again Thanks Mr. Glutin,
So it means, when I apply for H1B Transfer this time, I will get an H1B Visa valid till May 2012 right? Please let me know whether my assumption is right.
Also am I eligible to process my i140 through Premium Processing?
Thanks and Regards,
So it means, when I apply for H1B Transfer this time, I will get an H1B Visa valid till May 2012 right? Please let me know whether my assumption is right.
Also am I eligible to process my i140 through Premium Processing?
Thanks and Regards,
more...
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dpp
10-27 12:16 PM
See you Saturday, please see the previous reply to USIRIT as I suggest we meet outside.
I have searched for US 31 and 146st intersection for 1 1/2 hours, it is very confusing. Actually, there is no 146st and US 31 intersection as such. It is actually Greyshound pass and 146 st intersection. Finally i went to one Starbucks at 11:45, but nobody was there. Also there are so many Starbucks in and around that area. Please post the exact location with address next time onwards.
I have searched for US 31 and 146st intersection for 1 1/2 hours, it is very confusing. Actually, there is no 146st and US 31 intersection as such. It is actually Greyshound pass and 146 st intersection. Finally i went to one Starbucks at 11:45, but nobody was there. Also there are so many Starbucks in and around that area. Please post the exact location with address next time onwards.
girlfriend April 14, 2011 in Album Covers
new_horizon
03-08 06:44 AM
Filed online on Dec 20 for both me and my wife. Send additional docs in 1 week. EAD and AP approved on Feb 23. Nebraska center. Only sad thing is EAD and AP are not in one card. I got EAD approved for 2 years, but AP for only 1 year in paper form.
Can anyone offer suggestion if I should call USCIS why they did not give it in a single card. 'coz I thought they were supposed to issue both the EAD and AP in one card starting Feb 11. I applied for both together.
Can anyone offer suggestion if I should call USCIS why they did not give it in a single card. 'coz I thought they were supposed to issue both the EAD and AP in one card starting Feb 11. I applied for both together.
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angelfire76
10-05 01:11 PM
As I've been hearing different versions of this conference call.
1. Expect further retrogressions on the visa bulletins
This is common among all versions
2. USCIS received approximately 800,000 total applications in July and August in addition, they received 100,000 family based I-485 cases in JulyThis is a very debatable number. The number is estimated to be close to 200k EB applications. FB, Asylum etc. also add to this 800k number. The CIS official is just saying "We are inefficient as we are swamped with work"
3. Do not expect premium processing to be re-instated for I-140s for a while
Not true. Premium processing is expected to start from Jan 2008 as soon as this mess is over. It's a money maker for CIS and a cash-strapped org will not simply kill the golden goose.
7. Aytes said they are trying to set it up that next year the EAD and Advance Paroles will be issued for more than a one year expiration and that there may possibly be one document issued for both the EAD and APs. More on this will come by the end of the year.
Not strange, considering that you "pre-pay" for your EAD and AP for filers who have filed and will file after July 30,2007. It only increases CIS workload to renew EAD and AP everyyear for free. What I've heard is that this is only for applicants who applied after new fee structure is in effect. :(
9. Since the BEC will be updated, Carlson said to expect an increase in audits for the PERM cases at the end of this year and next year----make sure ALL of the recruitment requirements are being met; no fraud involved; employees not being required to pay or pay back labor expenses; employees not involved in the recruitment, etc.
PERM audits started beginning October 2006.
12. New PERM form on March 28, 2008
13. Carlson stated that the DOL�s position on attorney fees are the foreign national can have an attorney represent him/her for letters of support, previous job descriptions etc. to prepare for the upcoming I-140 stage and ensure that he fits the already prepared job offer requirements, but ALL fees and costs associated with the PERM filing (job offer requirements, advertising, recruitment, preparing the form, filing the form, motions, etc) MUST be paid by the company. FAQ�s are on the DOL website.
Nothing new. This law was introduced on July 16th by DOL.
14. Work site enforcement----expect CIS officers to request to see I-9s---Make sure the I-9s are being properly completed by the employers.
Work site enforcement of employers who have petitioned as H1-B dependent.
16. WATCH OUT FOR DUIs---in both nonimmigrant and immigrant cases!!! Delays are occurring in these cases.
Makes sense.Speeding tickets go only into driving record, but DUIs go into criminal record too. That would make sense. But would anybody with a DUI be a responsible immigrant / citizen in the first place?
17. The US consulates and CBP are Googling you!
This is absolute nonsense. Apparently they've a far more sophisticated database than what Google will ever have. :rolleyes:
1. Expect further retrogressions on the visa bulletins
This is common among all versions
2. USCIS received approximately 800,000 total applications in July and August in addition, they received 100,000 family based I-485 cases in JulyThis is a very debatable number. The number is estimated to be close to 200k EB applications. FB, Asylum etc. also add to this 800k number. The CIS official is just saying "We are inefficient as we are swamped with work"
3. Do not expect premium processing to be re-instated for I-140s for a while
Not true. Premium processing is expected to start from Jan 2008 as soon as this mess is over. It's a money maker for CIS and a cash-strapped org will not simply kill the golden goose.
7. Aytes said they are trying to set it up that next year the EAD and Advance Paroles will be issued for more than a one year expiration and that there may possibly be one document issued for both the EAD and APs. More on this will come by the end of the year.
Not strange, considering that you "pre-pay" for your EAD and AP for filers who have filed and will file after July 30,2007. It only increases CIS workload to renew EAD and AP everyyear for free. What I've heard is that this is only for applicants who applied after new fee structure is in effect. :(
9. Since the BEC will be updated, Carlson said to expect an increase in audits for the PERM cases at the end of this year and next year----make sure ALL of the recruitment requirements are being met; no fraud involved; employees not being required to pay or pay back labor expenses; employees not involved in the recruitment, etc.
PERM audits started beginning October 2006.
12. New PERM form on March 28, 2008
13. Carlson stated that the DOL�s position on attorney fees are the foreign national can have an attorney represent him/her for letters of support, previous job descriptions etc. to prepare for the upcoming I-140 stage and ensure that he fits the already prepared job offer requirements, but ALL fees and costs associated with the PERM filing (job offer requirements, advertising, recruitment, preparing the form, filing the form, motions, etc) MUST be paid by the company. FAQ�s are on the DOL website.
Nothing new. This law was introduced on July 16th by DOL.
14. Work site enforcement----expect CIS officers to request to see I-9s---Make sure the I-9s are being properly completed by the employers.
Work site enforcement of employers who have petitioned as H1-B dependent.
16. WATCH OUT FOR DUIs---in both nonimmigrant and immigrant cases!!! Delays are occurring in these cases.
Makes sense.Speeding tickets go only into driving record, but DUIs go into criminal record too. That would make sense. But would anybody with a DUI be a responsible immigrant / citizen in the first place?
17. The US consulates and CBP are Googling you!
This is absolute nonsense. Apparently they've a far more sophisticated database than what Google will ever have. :rolleyes:
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09-06 08:51 PM
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walking_dude
12-21 09:39 AM
First we need to contact the madam @ 10 Janpath. Without her choreography Papa singh won't dance and neither will the daughter.
( Papa Singh isn't helping us much! It would be naive to assume his daughter will help us because of who her Papa is)
I just read at TOI that Dr Manmohan Singh's daughter Amrit Singh is a staff attorney at ACLU.
http://timesofindia.indiatimes.com/PMs_daughter_puts_White_House_in_the_dock/articleshow/2639327.cms
Can she be of any help to IV's Agenda. Has IV core considered contacting her.
( Papa Singh isn't helping us much! It would be naive to assume his daughter will help us because of who her Papa is)
I just read at TOI that Dr Manmohan Singh's daughter Amrit Singh is a staff attorney at ACLU.
http://timesofindia.indiatimes.com/PMs_daughter_puts_White_House_in_the_dock/articleshow/2639327.cms
Can she be of any help to IV's Agenda. Has IV core considered contacting her.
