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.
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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bitu72
08-23 05:12 PM
My wife plans for a vacation for 4 months. Should we wait for FP, complete the process and then go or we can do it later. How much time do we have after we get our FP notice.
filed on 16th july no receipts yet.
thanks
filed on 16th july no receipts yet.
thanks
vinodp1978
07-02 11:37 PM
Hello Everyone,
I live in the western suburbs and would like to be an active part of this chapters effort. Please post the details of upcoming conf calls/meetings if any.
Thanks
I live in the western suburbs and would like to be an active part of this chapters effort. Please post the details of upcoming conf calls/meetings if any.
Thanks
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reddymjm
09-25 09:56 AM
What is the normal time frame for receiving AP papers?
My wife's AP papers were mailed on 17th Sep but we are still waiting for them.
Are they sent to applicants home or attorney's office?
Thanks in advance.
485_spouse
If your attorney had filled A G28 right. He will get them. Ususally they come in 3 days or so after they said they mailed it.
My wife's AP papers were mailed on 17th Sep but we are still waiting for them.
Are they sent to applicants home or attorney's office?
Thanks in advance.
485_spouse
If your attorney had filled A G28 right. He will get them. Ususally they come in 3 days or so after they said they mailed it.
more...
langagadu
02-15 03:52 PM
Send this link and ask him if he wants to join.
http://www.computerworld.com/action/article.do?command=viewArticleBasic&taxonomyName=Outsourcing&articleId=9127943&taxonomyId=72&pageNumber=1
My wife worked as a consultant for first half of 2008 with a desi employer as an employee (on W-2). After many calls and emails we received W-2 Thursday that has income and taxes of only first two months. Now he says that he showed remaining 4 months as his profit so he can only send 1099. Please advise if I can take any legal action against this employer.
Thank you
http://www.computerworld.com/action/article.do?command=viewArticleBasic&taxonomyName=Outsourcing&articleId=9127943&taxonomyId=72&pageNumber=1
My wife worked as a consultant for first half of 2008 with a desi employer as an employee (on W-2). After many calls and emails we received W-2 Thursday that has income and taxes of only first two months. Now he says that he showed remaining 4 months as his profit so he can only send 1099. Please advise if I can take any legal action against this employer.
Thank you
kirupa
03-21 05:00 PM
Scythe - that is a great idea. I've edited the first post of the poll to point to your post :)
more...
webm
11-19 10:41 AM
Guysssssss N Gals , I got it (I-485 approval) 10 minutes ago!!!!!!!!!!! NO RFE. Recent Luds were on I-140 / I-129 / I-131 ( Luds occered on 10/29 & 11/4) . Been in USA (F1, H1) since Aug 1997.
My case Details
EB3, India , PD Oct 2000(Sub.)
I-140 / I-485 RD : 2/2005
I-140 : AD 07/2005
4 EAD / 4 APs
Congrats!!! dude....You are set to free now!!!
Your PD is EB3, India , PD Oct 2000(Sub.) obviously they would have alloted Visa Number for you..as currently EB3 is MAY01..previously APR01..
My case Details
EB3, India , PD Oct 2000(Sub.)
I-140 / I-485 RD : 2/2005
I-140 : AD 07/2005
4 EAD / 4 APs
Congrats!!! dude....You are set to free now!!!
Your PD is EB3, India , PD Oct 2000(Sub.) obviously they would have alloted Visa Number for you..as currently EB3 is MAY01..previously APR01..
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AmericanDreamZ
10-19 01:11 PM
I was just thinking, the wastage of visa numbers we see, is that basically due to the per country quota. The rule that no country can have more than X% of GC's in a year, would mean that even though there are visa's available, they cannot be alloted due to that per country limit.
Anyway the smaller number of application is good news.
-AD
Anyway the smaller number of application is good news.
-AD
more...
seekerofpeace
09-17 04:37 PM
I think we physically need to go to the adjudication center...wait at the gate do a bhuk hartaal or the sort to get our cases cleared.
I am pretty positive that SR/Infopass/Congressman/Senator are coincidences....it should not work all the time otherwise you and I would have been approved too...
I am told different things everytime I call them .....
It is hopeless since I am sure the October bulletin will put the EB-2I for November to U or early 2000s as there are hardly any visa numbers per the country cap quota...and then you need to wait till Sept 2010 for any luck.....
SoP
I am pretty positive that SR/Infopass/Congressman/Senator are coincidences....it should not work all the time otherwise you and I would have been approved too...
I am told different things everytime I call them .....
It is hopeless since I am sure the October bulletin will put the EB-2I for November to U or early 2000s as there are hardly any visa numbers per the country cap quota...and then you need to wait till Sept 2010 for any luck.....
SoP
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anilsal
06-20 10:25 AM
We do not have one in Ohio either (I even checked Kentucky). What would be the best possible way to get updates so that we can join the initiative?
GO IV GO....
.......................
$320 + $50 recurring
Then, please have the courage to start one. :) It is not very difficult to start a chapter. It is preferable to lead than be led. ;)
GO IV GO....
.......................
$320 + $50 recurring
Then, please have the courage to start one. :) It is not very difficult to start a chapter. It is preferable to lead than be led. ;)
more...
Pallavi79
12-19 03:43 PM
Laid off 6weeks back. Attended 4 interviews. Outof luck.
I used to get many calls from desi consultants. But not now. I do not know whether it is because of economy or my EAD status.
Here are my excuses to not to get job.
1.New Father (I was little confused about how every thing goes. Thank god no set backs here)
2.Functions(I was occupied to celebrate his 21st day).
3.Taking care of new born( He needs to be feed once in every two hours. Mother got tired of this.)
4.Holiday season.
5.Economy.
6.I am good at supporting my situation :) .
Hopefully I will land some where by Jan Mid.
I used to get many calls from desi consultants. But not now. I do not know whether it is because of economy or my EAD status.
Here are my excuses to not to get job.
1.New Father (I was little confused about how every thing goes. Thank god no set backs here)
2.Functions(I was occupied to celebrate his 21st day).
3.Taking care of new born( He needs to be feed once in every two hours. Mother got tired of this.)
4.Holiday season.
5.Economy.
6.I am good at supporting my situation :) .
Hopefully I will land some where by Jan Mid.
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aadimanav
07-03 12:28 AM
Another link:
http://news.yahoo.com/s/ap/20070703/ap_on_go_ca_st_pe/immigration_green_cards
http://news.yahoo.com/s/ap/20070703/ap_on_go_ca_st_pe/immigration_green_cards
more...
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gapala
04-13 02:08 PM
This is great! and with this, hopefully the members who are in queue will stop questioning the commitment and outreach of IV core in terms of fixing the issues of immigrant community.
Good luck to all!
Good luck to all!
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samcam
05-24 12:55 PM
done...
more...
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gimme_GC2006
04-09 11:50 PM
1. you have two hands and two middle finger...just show to him and move on.
2. Or call the dol and inform all...and he will be in soup.
Put everything in e mail or certified mail and pass all those information to dol and move on.
You dont have to bother anything else.
heheh :D
2. Or call the dol and inform all...and he will be in soup.
Put everything in e mail or certified mail and pass all those information to dol and move on.
You dont have to bother anything else.
heheh :D
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gc_chahiye
12-09 04:02 PM
... Was your MS Certification in your country of birth or in USA? And if it is not in uSA did you get it evaluated in USA and have submitted evaluation cert copy along with your application?
all that stuff comes in at I-140 stage. During PERM/LC they dont care about his qualifications, its the job that is being certified.
See the audit questions again, all relate to justifications that the requirements are really needed for the job advertised. ie. when the job ad said MS+2 Years is needed, DOL wants to know why this job requires MS+2 Years of experience. His lawyer is right, a more conservative approach to job requirements (MS+0 or BS+5 for EB2 is much more easier to defend). As you increase the minimum job requirements, it reduces the pool of available candidates who can apply for the job. DOL wants to make sure the minimum requirements are really valid, and not set artificially high simply to reduce the pool of candidates.
Basically your LC sponsor needs to be able to justify all requirements posted for the job (education, experience, specific skills) else you can be in trouble.
all that stuff comes in at I-140 stage. During PERM/LC they dont care about his qualifications, its the job that is being certified.
See the audit questions again, all relate to justifications that the requirements are really needed for the job advertised. ie. when the job ad said MS+2 Years is needed, DOL wants to know why this job requires MS+2 Years of experience. His lawyer is right, a more conservative approach to job requirements (MS+0 or BS+5 for EB2 is much more easier to defend). As you increase the minimum job requirements, it reduces the pool of available candidates who can apply for the job. DOL wants to make sure the minimum requirements are really valid, and not set artificially high simply to reduce the pool of candidates.
Basically your LC sponsor needs to be able to justify all requirements posted for the job (education, experience, specific skills) else you can be in trouble.
more...
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anilsal
12-14 09:28 AM
Please reply to this post and make yourself known.
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niklshah
11-13 11:09 PM
bump
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sid
04-02 02:34 PM
Thank you Tom and Zcool.
I did try asking my manager and the vendor if they could mention that the project could go on for another 3 years but was not successful.
The letter that I got from my manager did mention that I have been working for them (client) since jun, 2005 under a contract extendable in 6 month increments and they see a need for me for the forseeable future.
I believe my company has some direct clients... I will ask my employer to attach those contracts as well.
Again, Thank you very much for your replies.
I did try asking my manager and the vendor if they could mention that the project could go on for another 3 years but was not successful.
The letter that I got from my manager did mention that I have been working for them (client) since jun, 2005 under a contract extendable in 6 month increments and they see a need for me for the forseeable future.
I believe my company has some direct clients... I will ask my employer to attach those contracts as well.
Again, Thank you very much for your replies.
addsf345
09-19 03:15 PM
I wonder if numberusa like groups can use this thread as an eyewash against legal immigrants abusing term anchor babies.
rawmuk7
10-01 01:46 PM
When i travelled with Air India via London 3 months back, I did not take any transit visa and had no problems. No one even asked me about it. I travelled twice this yr thru London