frostrated
03-16 03:06 PM
please see below.
Background:
My wife and I are currently working on EADs obtained through my previous employer filing for my green card (eb3 India, pri date: dec 2005), my wife is a dependant on this greencard petition. We last re-entered US using our AP. Two years ago, more than six months after my I-140 got approved, I changed my employer (to a similar position in the IT field itself) and my new (and current) employer filed for AC-21. They have also obtained a I-797 for me as a backup which I have used. Also prior to getting my EAD, my wife worked on an H1 visa for a year and then we got EAD, she has been working on that ever since. Our EAD was recently submitted for renewal and will be valid for the next two years.
I got accepted into a fulltime MBA program in the US, which I am planning to attend. This would mean that I quit my current job and after the two years in MBA I will be joining a different employer in a different field (ie: I will be moving out of IT into something like finance). I am assuming transition to F1 is out of question since I have shown immigration intent
Questions:
1) Will it be legal for me to go fulltime to school on an AOS pending status? Yes you can go to school while in AOS. But you cant go to school full time when in AOS if you are the primary applicant. You need to be still employed full time in your line of work.
2) Will I have trouble, re-entering the US on an AP if I travel overseas during the time I am enrolled in school? Yes. Your AP is no longer valid, as you are no more working for the sponsor of your permanent residency.
3) Can I use this EAD card to go for an internship between my first and second year (the job will not be IT)? Only if you are a dependent of the primary applicant.
4) Can I use this EAD card to work fulltime after MBA graduation, provided it is still valid for a few more months (the job will not be IT)? Only if you are a dependent of the primary applicant.
5) If my post-MBA employer files for a greencard for me in the new position which is different from IT, will I be able to use my old priority date of Dec 2005? Yes you can. You will need to file a new labor, and request that they use the old priority date. You can also file in EB2 and request they use the EB3 filing date of Dec 2005.
6) To mitigate risk, my wife is planning to go into H1 so that I can get an H4 if going to school on EAD doesn't work. Is this strategy to use H1 during school time (and travel overseas and re-enter using H4) and use EAD while internship safe? Using H1 on your wife, and you being on H4 is safe. But you cannot use the EAD anymore. Your EAD is tied to your employment, unless you are the dependent on the primary applicant for AOS.
7) If my wife cannot find a H1 job, can she work on her EAD while I am also using EAD to go to school. No. When you quit working and go to school, both of you are in illegal status. To remain in status, she either needs to convert to H1 or you need to convert to F1 and have her here as F2. Best bet, is for her to convert to H1 and you to either H4 or F1.
8) I am assuming that for any EAD based status to work, I need to have a future job offer in the same category. My current employer will not do that.I can get a future job offer from a small IT consulting firm in the same IT field for which my greencard application was filed for. Will that be good enough to keep my EAD alive while in school? No. For your EAD to be valid, you still need to be working. Stopping work does not enable you to continue to be in EAD status.
Thanks SO much for answering. I have this wonderful opportunity in front of me and I really hope immigration will not be a road block to achieve my dreams.
Background:
My wife and I are currently working on EADs obtained through my previous employer filing for my green card (eb3 India, pri date: dec 2005), my wife is a dependant on this greencard petition. We last re-entered US using our AP. Two years ago, more than six months after my I-140 got approved, I changed my employer (to a similar position in the IT field itself) and my new (and current) employer filed for AC-21. They have also obtained a I-797 for me as a backup which I have used. Also prior to getting my EAD, my wife worked on an H1 visa for a year and then we got EAD, she has been working on that ever since. Our EAD was recently submitted for renewal and will be valid for the next two years.
I got accepted into a fulltime MBA program in the US, which I am planning to attend. This would mean that I quit my current job and after the two years in MBA I will be joining a different employer in a different field (ie: I will be moving out of IT into something like finance). I am assuming transition to F1 is out of question since I have shown immigration intent
Questions:
1) Will it be legal for me to go fulltime to school on an AOS pending status? Yes you can go to school while in AOS. But you cant go to school full time when in AOS if you are the primary applicant. You need to be still employed full time in your line of work.
2) Will I have trouble, re-entering the US on an AP if I travel overseas during the time I am enrolled in school? Yes. Your AP is no longer valid, as you are no more working for the sponsor of your permanent residency.
3) Can I use this EAD card to go for an internship between my first and second year (the job will not be IT)? Only if you are a dependent of the primary applicant.
4) Can I use this EAD card to work fulltime after MBA graduation, provided it is still valid for a few more months (the job will not be IT)? Only if you are a dependent of the primary applicant.
5) If my post-MBA employer files for a greencard for me in the new position which is different from IT, will I be able to use my old priority date of Dec 2005? Yes you can. You will need to file a new labor, and request that they use the old priority date. You can also file in EB2 and request they use the EB3 filing date of Dec 2005.
6) To mitigate risk, my wife is planning to go into H1 so that I can get an H4 if going to school on EAD doesn't work. Is this strategy to use H1 during school time (and travel overseas and re-enter using H4) and use EAD while internship safe? Using H1 on your wife, and you being on H4 is safe. But you cannot use the EAD anymore. Your EAD is tied to your employment, unless you are the dependent on the primary applicant for AOS.
7) If my wife cannot find a H1 job, can she work on her EAD while I am also using EAD to go to school. No. When you quit working and go to school, both of you are in illegal status. To remain in status, she either needs to convert to H1 or you need to convert to F1 and have her here as F2. Best bet, is for her to convert to H1 and you to either H4 or F1.
8) I am assuming that for any EAD based status to work, I need to have a future job offer in the same category. My current employer will not do that.I can get a future job offer from a small IT consulting firm in the same IT field for which my greencard application was filed for. Will that be good enough to keep my EAD alive while in school? No. For your EAD to be valid, you still need to be working. Stopping work does not enable you to continue to be in EAD status.
Thanks SO much for answering. I have this wonderful opportunity in front of me and I really hope immigration will not be a road block to achieve my dreams.
lauren conrad tattoo. Lauren Conrad Wrist Tattoo.
cox
October 22nd, 2005, 05:24 PM
Not my usual thing, this is a first attempt at studio shooting. A friend is starting a preseved flower business and needs some photos to get started. My backdrops consisted of some fabric purchased at the local store, my dining table, and a PVC frame and welding clips to hold them up. :) Any comments/critique welcome.
http://www.dphoto.us/forumphotos/data/933/wreath_on_velvet_102205_JP8X5693.jpg
http://www.dphoto.us/forumphotos/data/933/medium/rose_centerpiece_102205_JP8X5688.jpg (javascript:;)
http://www.dphoto.us/forumphotos/data/933/medium/blue_rose_vase_closeup_102205_JP8X5682.jpg (javascript:;)
http://www.dphoto.us/forumphotos/data/933/wreath_on_velvet_102205_JP8X5693.jpg
http://www.dphoto.us/forumphotos/data/933/medium/rose_centerpiece_102205_JP8X5688.jpg (javascript:;)
http://www.dphoto.us/forumphotos/data/933/medium/blue_rose_vase_closeup_102205_JP8X5682.jpg (javascript:;)
lauren conrad tattoo. Lauren Conrad Tattoo
meridiani.planum
11-21 12:07 AM
You are from ROW....here are some things to consider....
Is your new employer filing your GC under EB-2? If the answer is yes, then you should definately take the new job and re-file GC and not worry about your EB-3 perm that is pending.
If your new employer is going to file under EB-3, then you have to evaluate which job is better for you (as far as pay, position etc.). If you think the new job is much better than what you have now, then I think you should still go for it. Your PD is very recent and a PD of Aug 2007 and a PD of (say) Feb/Mar 2008 has approximately the same value (according to me).
You have a valid H-1B until June 2009 and since you will apply for your perm LC before June 2008, you are eligible for atleast 1 year H-1B renewals.
Hope this helps. Good luck.
I second this. In fact I would say if you are ROW-EB3, see how you can find a job that allows you to file your GC in EB2. Even if you dont like the job. You will need to stick to it maybe an year or two and then you'll have your GC and will be all set!
Is your new employer filing your GC under EB-2? If the answer is yes, then you should definately take the new job and re-file GC and not worry about your EB-3 perm that is pending.
If your new employer is going to file under EB-3, then you have to evaluate which job is better for you (as far as pay, position etc.). If you think the new job is much better than what you have now, then I think you should still go for it. Your PD is very recent and a PD of Aug 2007 and a PD of (say) Feb/Mar 2008 has approximately the same value (according to me).
You have a valid H-1B until June 2009 and since you will apply for your perm LC before June 2008, you are eligible for atleast 1 year H-1B renewals.
Hope this helps. Good luck.
I second this. In fact I would say if you are ROW-EB3, see how you can find a job that allows you to file your GC in EB2. Even if you dont like the job. You will need to stick to it maybe an year or two and then you'll have your GC and will be all set!
lauren conrad tattoo. of the Lauren Conrad look?
knowDOL
05-19 10:22 AM
I agree with GCBy3000. You can't be so straight forward with your employer that you will not work with him after this contract, after all he is sponsoring your future permanent job in United States. That said, you can always act smart and leave company after 6 months filing of I485. Tell him that you will be with him and if your PD is current you should file your I140 and I485 both now. If you are not in good terms with him, there is every possibility that you lose everything you gained including your PD.
If he is not wiling to file I485 even though your PD is current, talk to him and be in good terms with his so he files it, because it is worth it. PD current means a lot. Even if you I140 is approved and if you change company, you can keep the PD but only if he does not use that LC for some one else. Don't create an opening for him to make more money for your position replacing you.
If he is not wiling to file I485 even though your PD is current, talk to him and be in good terms with his so he files it, because it is worth it. PD current means a lot. Even if you I140 is approved and if you change company, you can keep the PD but only if he does not use that LC for some one else. Don't create an opening for him to make more money for your position replacing you.
more...
lauren conrad tattoo. Lauren Conrad Casual Look.
jonty_11
11-15 01:41 PM
Yes, I94 is a part of ur new H1 (at teh bottom)...so u can go to Canada Mex using that and enter back into US within 30 days....
lauren conrad tattoo. lauren conrad wrist tattoo
Rajeev
09-16 02:46 PM
Done
more...
lauren conrad tattoo. Lauren Conrad Hot. and Lauren
quizzer
02-25 11:39 PM
If somebody wants to enter IT field from a non-IT background, any list of suggestions of the certifications and courses to be taken? There are so many of them that it is hard to choose.
SAP and Oracle are any day hot!!!!!!!!!!!
SAP and Oracle are any day hot!!!!!!!!!!!
lauren conrad tattoo. Lauren+Conrad in #39;The Hills#39;
enggr
10-02 09:47 AM
Dear Friends/attorneys,
Is it possible to request an EB2 to EB3 conversion after a I-140 RFE? I kindly request you all to help me.
I finished my 4-year engineering course in year 2000 and started working with the company which I got recruited. My degree has year 2002 due to the last supplementary exam. My attorney put the graduation as year 2000 and counted 5 years of experience from there (Because my degree has 2 dates on it). INS is counting only 3.5 y ears of experience after degree completion.
I think the only way I can survive this RFE is to request for an approval under EB3 category. The unlucky part is I didn't get that as an option in the RFE itself (which many people got).
The paper ad as well as labor certification is not specific about "progressive experience" or experience after degree completion. The ad just says Bachelors degree with 5 years of experience.
Please advice me how to respond to this RFE in a safe manner.
This is what the paper ad says "F/T MS Degree or equivalent in Engineering field OR BS Degree or equivalent with five years ex "
EB2 PERM : Aug 2006.
EB2 I-140 (REG) : Nov 2006.
EB2 I-485/ EAD : July 2007.
EB2 I-140 RFE received : Sep 2007.
RFE
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree."
---------------------------------------
Is it possible to request an EB2 to EB3 conversion after a I-140 RFE? I kindly request you all to help me.
I finished my 4-year engineering course in year 2000 and started working with the company which I got recruited. My degree has year 2002 due to the last supplementary exam. My attorney put the graduation as year 2000 and counted 5 years of experience from there (Because my degree has 2 dates on it). INS is counting only 3.5 y ears of experience after degree completion.
I think the only way I can survive this RFE is to request for an approval under EB3 category. The unlucky part is I didn't get that as an option in the RFE itself (which many people got).
The paper ad as well as labor certification is not specific about "progressive experience" or experience after degree completion. The ad just says Bachelors degree with 5 years of experience.
Please advice me how to respond to this RFE in a safe manner.
This is what the paper ad says "F/T MS Degree or equivalent in Engineering field OR BS Degree or equivalent with five years ex "
EB2 PERM : Aug 2006.
EB2 I-140 (REG) : Nov 2006.
EB2 I-485/ EAD : July 2007.
EB2 I-140 RFE received : Sep 2007.
RFE
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree."
---------------------------------------
more...
lauren conrad tattoo. conrad gossip lauren
gcseeker2002
12-15 03:27 PM
Buddy,
Are you trying to create a problem or solve one? If I were from Sri Lanka, why would I send my wife to India? If we start following your advice, soon many husbands would be leading a single life for being laid off.
Read line 2 of this thread, OP says he is EB3-India , so why should he not send his wife to India ??
Are you trying to create a problem or solve one? If I were from Sri Lanka, why would I send my wife to India? If we start following your advice, soon many husbands would be leading a single life for being laid off.
Read line 2 of this thread, OP says he is EB3-India , so why should he not send his wife to India ??
lauren conrad tattoo. Lauren Conrad Wrist Tattoo.
binadh
10-03 01:24 PM
No! not with the fargoman. Mine is a small time law firm based in Arlington VA.
more...
lauren conrad tattoo. lauren conrad braided bun.
fide_champ
06-25 04:14 PM
My lawyer claims she seems to be getting all the information from USCIS and Aila but i cannot believe that she missed this simple one. They don't even realize how it can screw people's careers. If i don't get the application back within 2 weeks, i am screwed forever.
lauren conrad tattoo. Lauren Conrad J Tattoo.
SlowRoasted
06-13 01:18 PM
i dunno, its probably some crazy formula it goes by. Any math wizes here?
more...
lauren conrad tattoo. Lauren Conrad J Tattoo. lauren
jkays94
06-01 01:08 PM
No problem Sobers, it is interesting to note the links between the Center of Immigration Studies (often cited by many anti-immigrationists) and one of these groups. What is indeed interesting is how some legislators maintain close ties with these organizations, some of whose activities as outlined by the SPLC are indeed shameful.
lauren conrad tattoo. Lauren Conrad J Tattoo.
mugwump
12-07 02:57 PM
Yes.
I think you can take classes (online or even regular in-class) as long as you maintian your primary H1B status - i.e. continue to work with the employer on the specified job/number of hours etc.
(note: I am not a lawyer)
If you are taking online classes, why would your status matter?? i understand you need to have legal status to take regular (in-class) courses, but dont really feel an online university would really care. when you can pretty much log in from any where in the world, why would they worry about you being here illegally?
just my opinion.
I think you can take classes (online or even regular in-class) as long as you maintian your primary H1B status - i.e. continue to work with the employer on the specified job/number of hours etc.
(note: I am not a lawyer)
If you are taking online classes, why would your status matter?? i understand you need to have legal status to take regular (in-class) courses, but dont really feel an online university would really care. when you can pretty much log in from any where in the world, why would they worry about you being here illegally?
just my opinion.
more...
lauren conrad tattoo. lauren conrad in fedora
Lucky7
12-04 08:24 AM
I am a Commercial/Industrial Architect and have allready had to turn down 2 jobs this year making double what i make here in hicksville Fresno CA due to the fact that i do not have a green card.
As far as the investor visa,i have looked into this too with my attorney and i am not elligible,even though i have the funds,due to the fact that my previous attorney did not file my papers on time in 2000 and therfore had to refile under 245i in 2001 and i am paying the price along with 30 other clients of the crooked attorney who ran away to another state.
My earnings this yr were above your guys fugures but Uncle Sam takes a very large chunk due to being single,no real estate in my name and no tax write offs.
As far as the investor visa,i have looked into this too with my attorney and i am not elligible,even though i have the funds,due to the fact that my previous attorney did not file my papers on time in 2000 and therfore had to refile under 245i in 2001 and i am paying the price along with 30 other clients of the crooked attorney who ran away to another state.
My earnings this yr were above your guys fugures but Uncle Sam takes a very large chunk due to being single,no real estate in my name and no tax write offs.
lauren conrad tattoo. lauren conrad updo
tnite
09-30 02:21 PM
Can you please tell us what the RFE was about....Did you use AC21.
Me and my spouse both have RFE....so i dont know what to expect. And I have used AC21 and changed jobs....I am just hoping it is not related to this.
The RFE was for my I20's and OPT EAD card and Marriage certificate.
Me and my spouse both have RFE....so i dont know what to expect. And I have used AC21 and changed jobs....I am just hoping it is not related to this.
The RFE was for my I20's and OPT EAD card and Marriage certificate.
more...
lauren conrad tattoo. lauren conrad tattoo on hip. hip tattoo designs- anchor
americandesi
06-17 12:05 AM
I am planning to apply for both Canadian Permanent Residency and US green card next month. Assuming that I get my Canadian Permanent Residency and US Greencard after two years, what options do I have to maintain the permanent resident status in both countries, so that I am eligible to apply for citizenship in both countries.
Some say that showing proof of residence in both countries, commuting between the countries for work (Windsor-Canada and Detroit-US) and paying taxes in both countries would suffice.
Please guide me on this.
Some say that showing proof of residence in both countries, commuting between the countries for work (Windsor-Canada and Detroit-US) and paying taxes in both countries would suffice.
Please guide me on this.
lauren conrad tattoo. Photo below is of Lauren in a
bigsky
10-18 11:06 AM
Thanks a lot for your advice Pappu and I don't think it has anything to do with my employer, there were four other Labor Certification�s applied during the same time period and three of them already certified and mine was the only one which got screwed. I will consult with the lawyer about my situation.
Thanks for your input nycgal369.
Thanks for your input nycgal369.
lauren conrad tattoo. Lauren Conrad in Chanel
JDM
08-05 10:01 PM
/\/\/\/\/\/\
whatamidoinghere
03-26 10:04 PM
Hi,
Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?
Thanks,
Andy
H4 can do volunteer work for non-profit organizations only.
Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?
Thanks,
Andy
H4 can do volunteer work for non-profit organizations only.
checklaw
07-13 11:36 AM
Checklaw,
By Law, you must apply for an intended travel.
However it has been routine practice to get AP renewed because if there is an emergency and on your return if your GC is approved AP is handy.
I am July 2007 filer. I applied in 2007. Did not apply in 2008 (had a valid h1b visa stamped in Passport which expires in Sep 2009) and re applied in 2009. No Issues.
Thanks
Senthil
Thanks for responding akilaakka. I have always understood the emergency part and urgent travel part for AP renewal. As renewing AP for family is pretty expensive, what am trying to understand is:
Should one renew AP if there is no travel anticipated just to satisfy any legal mumbo jumbo?
Your scenario appears to be different in the sense you indicated you still have a unexpired valid visa stamped in passport.
Are AP extension gaps fine with respect to expired or no H1B visa.
BR
checklaw
By Law, you must apply for an intended travel.
However it has been routine practice to get AP renewed because if there is an emergency and on your return if your GC is approved AP is handy.
I am July 2007 filer. I applied in 2007. Did not apply in 2008 (had a valid h1b visa stamped in Passport which expires in Sep 2009) and re applied in 2009. No Issues.
Thanks
Senthil
Thanks for responding akilaakka. I have always understood the emergency part and urgent travel part for AP renewal. As renewing AP for family is pretty expensive, what am trying to understand is:
Should one renew AP if there is no travel anticipated just to satisfy any legal mumbo jumbo?
Your scenario appears to be different in the sense you indicated you still have a unexpired valid visa stamped in passport.
Are AP extension gaps fine with respect to expired or no H1B visa.
BR
checklaw
No comments:
Post a Comment