glus
11-19 01:06 PM
Hi All,
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
Generally speaking, it is always better to re-enter on nonimmigrant visa than on AP. This is because when one re-enters on non-immigrant visa, one receives a non-immigrant status, which is great. H4 is not dependent on EAD or vice versa. Remember, to loose H4 visa status you need to brake immigration law or do something that violates the immigration law. Technically speaking, if one works on EAD, one does not brake any law due to the EAD being valid. So yes, she can re-enter on h4, receiving H-4 status, and still work as long as EAD is valid. This is a gray area, but as per my attorney it is allowable due to the vague nature of the INA (Immigration and Naturalization Act), which states, that one looses non-immigrant status when one "works without authorization." However, think about it. If one is on H-4, one works on EAD at the same time, one does not loose non-immigrant status because such a person performs "authorized employment" through valid EAD.
Regards,
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
Generally speaking, it is always better to re-enter on nonimmigrant visa than on AP. This is because when one re-enters on non-immigrant visa, one receives a non-immigrant status, which is great. H4 is not dependent on EAD or vice versa. Remember, to loose H4 visa status you need to brake immigration law or do something that violates the immigration law. Technically speaking, if one works on EAD, one does not brake any law due to the EAD being valid. So yes, she can re-enter on h4, receiving H-4 status, and still work as long as EAD is valid. This is a gray area, but as per my attorney it is allowable due to the vague nature of the INA (Immigration and Naturalization Act), which states, that one looses non-immigrant status when one "works without authorization." However, think about it. If one is on H-4, one works on EAD at the same time, one does not loose non-immigrant status because such a person performs "authorized employment" through valid EAD.
Regards,
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adibhatla
10-09 04:18 PM
ROW CHINA INDIA MEXICO PHILIPPINES
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gcdreamer05
11-04 11:23 AM
Hey this is good news, atleast the crowd will get reduced in chennai consulate :)
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snathan
09-20 02:09 PM
Do not lose your hope on all these distraction...be optimistic and let the call campagin go on for the H.R 5882. Please call the comitty chair and ask for the mark up session. I have done that....did you?:D:D:D
more...
anilsal
12-19 10:29 AM
Are we going to continue calling Sen.Cornyn's office such that he will be motivated to get SKIL bill cleared at the beginning of next year?
If we are persistent, maybe he will want to get the bill cleared successfully.
If we are persistent, maybe he will want to get the bill cleared successfully.
neerajvir
07-13 09:06 AM
And fowarded to others that are affected.
more...
saketkapur
08-18 06:40 PM
filing ar-11 is mandatory so please do it.........
also if your new job meets all the legal requirements then getting a RFE should not be an issue just a nag........
I my experience RFE is generated in one of the following 2 cases:
1. Filing AC21( I am against filing it as long its not requested by USCIS as its not mandatory and sometimes just triggers unwanted attention to your case......
2. If your 140 is revoked by the previous employer....in this case you can bet that an RFE is going to be generated for sure if not worse like NOID etc...........In this case actually filing AC 21 might be a better option......
Above is just my experience and every case is different....this is not legal advice in any way........
if you want more clarifications feel free to PM me........
but again file your AR-11 RFE or not............its mandatory.......
also if your new job meets all the legal requirements then getting a RFE should not be an issue just a nag........
I my experience RFE is generated in one of the following 2 cases:
1. Filing AC21( I am against filing it as long its not requested by USCIS as its not mandatory and sometimes just triggers unwanted attention to your case......
2. If your 140 is revoked by the previous employer....in this case you can bet that an RFE is going to be generated for sure if not worse like NOID etc...........In this case actually filing AC 21 might be a better option......
Above is just my experience and every case is different....this is not legal advice in any way........
if you want more clarifications feel free to PM me........
but again file your AR-11 RFE or not............its mandatory.......
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saeedi
08-23 10:33 PM
Question:
I belong to Rest of world my category is EB-3 my ETA filed on 02 Jan 2002 and approved on feb 2004 my I-140 approved on april 2004.now my priority date has reached now I would like to ask How long will it take to for further procedure at the embassy and to sheduled my interview get my visa i m not living in USA can u tel me about my issue. I will really appraciate.
Thank you.
I belong to Rest of world my category is EB-3 my ETA filed on 02 Jan 2002 and approved on feb 2004 my I-140 approved on april 2004.now my priority date has reached now I would like to ask How long will it take to for further procedure at the embassy and to sheduled my interview get my visa i m not living in USA can u tel me about my issue. I will really appraciate.
Thank you.
more...
MartinR
February 16th, 2005, 08:56 AM
Thanks a million MatsP. Here's proof of what I wrote about still learning about this camera after 4 years: I'd never come across EXIF before and after searching through the camera manual I figured I probably didn't have it. Just in case, though, I rumaged around in Irfan and Picture Window Pro and found that all that EXIF information is there after all and I never knew it. I will now take a photo at what I have calculated is the 50mm standard equiv focal length and then check the EXIF to see how close it is.
So, I'm really grateful for your drawing that to my attention. By the way, Farmborough - brings back memories of cycling from the RAE YMCA through to NGTE each day some 25 years ago. I know the YMCA's not there any more and I'm sure the RAE and NGTE have undergone many changes of name since then.
Thanks again
Martin
So, I'm really grateful for your drawing that to my attention. By the way, Farmborough - brings back memories of cycling from the RAE YMCA through to NGTE each day some 25 years ago. I know the YMCA's not there any more and I'm sure the RAE and NGTE have undergone many changes of name since then.
Thanks again
Martin
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sheeba
03-11 12:09 PM
Indian applicants should check “Does Not Apply” to the prompt for “Full Name in Native Alphabet.”
refer the website
http://www.vfs-usa.co.in/USIndia/applicationformDS160.html
refer the website
http://www.vfs-usa.co.in/USIndia/applicationformDS160.html
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QuickGreenCard
09-16 11:44 AM
I have consulted USCIS rep by taking InfoPass. She was friendly and talked with USCIS Texas rep (thats where mine went), they told her to re-apply. She sent an email and received a response saying to re-apply...................................
Cant they print another copy atleast at a charge instead asking to re-pay the whole fee again..........They are bastards
Cant they print another copy atleast at a charge instead asking to re-pay the whole fee again..........They are bastards
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gotgc?
11-19 12:42 PM
along with my above post, we applied for H1B/H4 renewal yesterday even though she is working on her EAD now.
more...
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getgreened2010
11-22 12:04 PM
Thanks guys. I guess I need to change my flight at the last minute.....!
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shana04
02-05 08:32 PM
My H1 extension expires on March 08, Have EAD, Work for the same employer who sponsered my GC.
Does my employer has to apply for my H1 extension ? Should I use EAD to work with my same employer (what paper work I have to do ?).
Hypothical question, If I use EAD to work, lets say there is a delay in getting my EAD renewed even though I apply 120 days in advance, should I stop working and start working only after I get my new EAD ??
Some may find these as irrelvant thoughts/questions, but we are in this limbo state and it is better to know.
Thanks.
Always advicible to use H1B renewal and H1B transfer, recommend not to use EAD.
If you plan to change employer and what if he revokes your I 140. so better to renew.
And what if you plan to renew EAD and it gets delayed ( you can go for interim) so why take risk.
Good luck
Does my employer has to apply for my H1 extension ? Should I use EAD to work with my same employer (what paper work I have to do ?).
Hypothical question, If I use EAD to work, lets say there is a delay in getting my EAD renewed even though I apply 120 days in advance, should I stop working and start working only after I get my new EAD ??
Some may find these as irrelvant thoughts/questions, but we are in this limbo state and it is better to know.
Thanks.
Always advicible to use H1B renewal and H1B transfer, recommend not to use EAD.
If you plan to change employer and what if he revokes your I 140. so better to renew.
And what if you plan to renew EAD and it gets delayed ( you can go for interim) so why take risk.
Good luck
more...
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coolngood4u80
12-09 10:51 AM
Its very close ...it may pass the cloture vote..
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greencard_fever
09-19 06:58 PM
Look at this guys..Spain sending the Immigrants back to Home country because they dont want to pay the unemploment benefits in bad economy..
http://www.msnbc.msn.com/id/26792948/
http://www.msnbc.msn.com/id/26792948/
more...
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arc
10-26 07:08 PM
tried my luck but they had a lot of people...will try again later...:(
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hpandey
03-05 06:21 PM
The FDIC has less than 50 billion left but I think if the govt can provide the banks with a trillion dollars then it will certainly bail out FDIC. No need to panic . FDIC will be the last bastion to fall. The govt would certainly not let it happen in any scenario.
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gk_2000
05-04 03:18 PM
Probably USCIS figured they would run into a guy like you at some point and very clearly defined the law. You cannot start a company and do your own H-1 out of it. :D:D:D:D Sorry, better luck next time:D:D:D:D:D
I said so because as EAD you can do (ok, almost) whatever GC holder can do. Employer = EAD, employee = H1.. :) But yes, I am kidding, it is unlikely to be allowed
I said so because as EAD you can do (ok, almost) whatever GC holder can do. Employer = EAD, employee = H1.. :) But yes, I am kidding, it is unlikely to be allowed
gc_aspirant_prasad
07-13 05:24 PM
done
martinvisalaw
07-22 06:01 PM
Hello,
My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:
1- Original 485 Receipt Notice
2- Original AP filing Receipt Notice
3- Copy of AP approved screen from uscic. gov
4- Original previous AP
5- AP was issued by MSC
Any advice?
Your wife may be able to get a transportation letter/returning resident visa from her US consulate. These are usually given to people who have lost their green cards while overseas, but I have heard of consulates giving them to people with lost APs. It's worth asking. Good luck.
My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:
1- Original 485 Receipt Notice
2- Original AP filing Receipt Notice
3- Copy of AP approved screen from uscic. gov
4- Original previous AP
5- AP was issued by MSC
Any advice?
Your wife may be able to get a transportation letter/returning resident visa from her US consulate. These are usually given to people who have lost their green cards while overseas, but I have heard of consulates giving them to people with lost APs. It's worth asking. Good luck.
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