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  • ntpatil
    11-11 01:19 AM
    Hi there

    Yes, when you join work you need to fill a new I9 to officially claim your right to employment using an EAD (if you have entered as an H4). Basically, this is the documentation to prove that you are undertaking authorized employment and giving up your H4 status.

    Now, if the underlying 485 of the primary applicant gets denied, then you can continue working if your H1 is still valid but sadly your wife cannot work and has to stop working immediately until a MTR is filed and USCIS resumes the case processing pending decision of MTR.

    A friend of mine was in this situation. His wife stopped working, their lawyer filed MTR (wife took unpaid leave of absense for 2 months) and after the case status changed to under consideration, she resumed working. Remember, the EAD is only valid as long as the 485 is not in a denied status. If employment is continued after 485 is denied and before MTR is accepted, you can later face problems for having engaged in unlawful employment in case you have an interview.
    Thanks again Chaanakya,

    I understand that the dependent loses the EAD status when the underlying 485 is denied. However, if the primary applicant is still maintaining H1, then is there a way to get H4 back by staying here in the US. Or is the only way to get H4 is to go back to India and come back here. At this point I do not care about filing an MTR to open the 485, but I need to get back to H4 status.





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  • sen_raju
    05-25 07:02 PM
    Surely I will.

    I have attended rallies before, have contributed, sent flowers to USCIS, got my story published in the newspaper and will continue to do so.

    I sincerely hope that all of you also get the good news soon. All the best.

    Good for you. Please do continue to provide your support to this community.





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  • andy garcia
    10-06 01:29 PM
    I personally need more defination of
    'Employment-based or Other: 110,786 '
    it is defining a narrow set of applicants. Are they ones whose 485 is stuck after filing 485. or are they ones whose 485 cannot be filed and only have 140 approved ?


    This means applicants that have already applied for I485 and have not been approved. It has nothing to do with the people who are waiting to apply.

    The whole thing is just a big PR scheme.





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  • hpandey
    04-16 12:24 PM
    My wife applied on Feb 24th and it was approved april 10th from Vermont.



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  • pappu
    02-09 11:42 AM
    IV is in touch with USCIS, Admin officials as well and continuing our efforts with lawmakers. A year ago it was difficult to imagine. We have covered lot of ground in the past one year and this year due to the support of all our members we feel very motivated. Visa bulletins are very negative and let it be an inspiration for all of us to work harder to get rid of retrogression.





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  • ssa
    11-13 01:37 PM
    ^^



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  • bsbawa10
    01-07 04:51 PM
    I applied for EAD for my wife to get the SSN to get the Stiumulus package (What a riddle created by the system). The funny part is that USCIS cashed my check within 12 hours of my application being received.

    I wish this happened for H1 transfers, issue of EAD, I-485 etc etc. Oh,..now they will be understaffed and over worked ...and the list goes on and on.





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  • andy garcia
    01-23 02:42 PM
    Does she need her H4 approved to have her prospective employer file the I 129? (or) Can she just provide the notice of action she received for her H4 extension filing along with her I 129 to show that she is maintaining status?

    Any one??

    This is what the 129 instructions specify. I think that you will have to wait until the new I94 with the new dates is issued. Hopefully she will get it before April 1.

    Change of Status.

    In addition to the initial evidence for the classification you are requesting, a petition requesting a change of status for an alien in the United States must be submitted with a copy of the employee's(s) Form I-94, Nonimmigrant Arrival/Departure Record.

    andy



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  • Legal
    07-16 08:33 AM
    Can you pick an year and month for EB2-India for the October 2008 Visa Bulletin (start of new fiscal year)?
    Ron Gotcher believes EB2-India will be somewhere at 2002/2003.

    Even the prediction of end of the universe could be made more accurately than what will happen to the visa bulletin. It's true there may be retrogression in Sep 08 for EB2-I, but the movements back and forth are likely to be minimal.





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  • sammas
    07-08 05:17 PM
    [QUOTE=sammas;1967354]Probably the RFE might be related to photos not being sent. A friend of mine received a RFE for not sending the photos eventhough they are not required to be sent but he did not get any Biometrics notice. [QUOTE=sammas;1967354]

    Sammas, May be it was lost in the mail, so your friend did not receive and the USCIS issued an RFE.
    Austingc,

    What do you mean by lost in the email? What are you referring to here? I am sorry, I did not get what you are trying to mention here.

    The RFE was to send the photographs. Online status also was changed to Request For Evidence and then once the photos were sent the status was changed back to resumed processing and after that the status was changed to Approved. Hope it is clear now.



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  • senk1s
    04-18 11:33 AM
    maybe there is some method to this madness ....

    Try getting an infopass and get more details
    I'm going to check my case status right now





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  • rxsimha
    03-17 01:15 PM
    Thanks for posting this link.

    I currently working on H1 for the last 5 years.
    I am a July 2007 I-485 filer and have my I-140 approved.

    From what I read,
    1. Does it make sense to fill an I-9 form with the same employer and start working on EAD, instead of burning my remaining period in H1?

    2. That way even if for some reason my I-485 gets rejected, I can continue working by switching to H1?

    Thoughts....



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  • GCplease
    07-19 11:22 AM
    GCPlease - I am also in the same boat! RFE not yet received but looks like it could be for the photos. Its been over 8 days now. I did not get a notice for biometrics. It could be because we did our 485 biometrics just 8 months ago. Perhaps they will just use that.

    Should I just send the photos in and see what happens without waiting for the actual RFE? Where did you send the photos? Same address as the docs that you sent?

    Thanks,

    gchopes



    wait for 15 days since USCIS said they sent you the rfe. After that you can call uscis at the # they have in the EAD Receipt they sent you, and you can open a Service Request for non delivery of the RFE. There is a 15 day rule. if you call earlier, they are not gonna entertain you. I got my RFE after 3 days I opened the SR.

    But call immediately after the 15 days because the time limit for you to send the rfe is 33 days and this clock starts from the time they say they have sent you the rfe (which you may have recived in an email notification or the online status). They did not extend this time period for me due to non-delivey.

    The RFE they sent had the address we need to send the response. I think it was a different address.

    The above said information is based on my experience. It may be be different with each case. you know how uscis is. just use it as a guideline.





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  • sanjeev_2004
    09-25 03:12 PM
    I got email today that EAD card production ordered.



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  • geevikram
    07-09 04:48 PM
    we should ask him when EB3 India will get current? He will stop eating after that. :)

    That was funny!!! :)





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  • sammyb
    11-19 04:35 PM
    Thanks you, Wish you all hte best and Good Bye.

    BTW , i have also contributed $100 to IV so far.

    why so ... am just curious ... aren't you supposed to be with the people/group that helped you (indirect and direct way) to be there where you are today...

    guess because of this mindset we EB people never had a base support from our own people in this country ... once we receive the card we change our color and become an American from whatever country we came from...

    sorry for this but I couldn't resist writing this... I have no issue with your labor sub as this was legal and given an option 99.99% people including me would have done that...

    and I hope everyone should agree with me that after you get your card you should make a decent contribution to IV.... just my thoughts...



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  • lazycis
    12-20 11:03 AM
    http://www.murthy.com/news/n_sercen.html

    Interfiling
    �MurthyDotCom
    The USCIS confirmed that it will continue to permit interfiling of I-485s when a person obtains two I-140 petition approvals. Interfiling is essentially the transfer of a pending I-485 application to adjust status from one I-140 petition to another filed for the same beneficiary. Examples would be when there is a successor employer, or an I-140 petition filed by a new employer or with the same employer based on a new and different job offer. This eliminates the need to re-file the I-485 in many situations, if there is a second I-140 petition to support the pending I-485.

    So if your second I-140 is approved you'll be able to interfile if you want to but I do not see the problem with filing the second I-140 while one is already pending.





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  • madras1
    02-23 09:09 AM
    But guys I am in EB3 Dec 2004. As per current phase I will be getting my GC some where in 2023

    Yeah. There is no way you are getting your green card in near future. Sorry buddy! I am realistic like you. :( I guess USCIS is ripping you off.

    PS: Good luck to you, if this really means you get your greencard in near future.





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  • Green.Tech
    03-18 12:05 PM
    ...and the confusion regarding this rule continues :)





    Winner
    06-16 10:35 AM
    Thanks Guys!
    PenFed.org seems be good option. I'm comparing my local credit union, lending tree and eLoan. I'll share my experience once its done. Thanks again.





    nchendica
    04-21 07:38 PM
    I applied for my H1B 9th year extension using I-140 substitution in 10th March 2008. My 8th year H1B was expired on 14th April 2008. Currently my 9th year H1B extension was is in pending status. Unfortunately my I-140 was denied on 18th April 2008 due to 4 years Bachelors degree.

    I used PERM EB2 labor substitution (May 2006 PD) and filed I-140 in July 2007 and denied (NSC) directly with out RFE. This is due to 4 years bachelor's degree and I have 10+2+3(Diploma) +3 (engineering-AMIE). I already applied my 485, EAD and AP. I got AP and EAD, but didn’t use it. I have 12 years of experience before prior to the EB2 Labor Pirority Date.



    Now how can I get my 9th year extension?
    Can I appeal for I-140 and get 9th year H1B extension?

    Could you please give me your valuable suggestions on this?

    Thanks,
    Naga



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