Turtle Tattoo Designs

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.

I would ask everyone , pls be careful while responding to someone's querry. And the person asking should also consult a lawyer. In this case, since I am in the same boat, and the advice came from the lawyer. I just got my spouse H4 extended for another 3 years, the after 6 years extension, while she is working on her EAD.

That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.

Dear friends,

My h1 is valid till Dec 2009. H1 stamping is expired in passport in Oct 2007.
My AP is approved. I am planning to travel in Jan 2008. Can I us AP to reenter in Feb 2008 and continue working on H1 or do I have to use EAD to work?

Thanks
MOnica
Not sure. AP allows to enter the contry because your AOS is pending. In the meantime until decision on your AOS made, you work on whatever status (H1, EAD etc.). As your H1 stamp has expired, you might need to use EAD.

As soon as you adjust your status to F1 your I-485 becomes void. Further having and EAD has nothing to do being on F1.

In short it is not easy to go back full time studying while your I-485 is pending.

If you are not sure, don't give untrue info!! His F1 will be unaffected until and when he starts using EAD. He will not be able to re-enter on F1, but as long as he does not use EAD he can maintain this status. To re-enter he will need to use AP and at that point he is no longer in F1.

Also, once you file I485, there is no problem going to school as long as he maintains the job he was originally sponsored for.

I am freaking out thinking that my application fell behind a desk somewhere....

That seems better than my case. I had a dream in which the mail room clerk used my application to put his donuts and coffee.:)

Regards,
IK

but the question is can someone mail the AP to India by postal mail or can someone take it along with them for their spouse if they are travelling. Precisely my question is when someone has applied for AP and when its not approved, can they travel without it and come back with AP that was approved after travel to India? This is always a grey area and no one seems to have a clear answer.

the rule states that you have to be present in the country when you apply for AP. It does not say anything on where you need to be when it is approved. There are many cases where the applicant left the US to have the document mailed or taken along with someone to the person out of the US. The applicants on return were not asked anything. It was business as usual.

What I am saying his employer process pay roll for $5800, he gets in hand after tax deduction.

You guys should understand one thing if your base salary is $1000/k, company should process $8333/pm on a pay roll then pay roll will decide about tax withholdings. There is no way company can show gimmicks and run pay roll for less. I have been working for the past 8 years, all the time companies divided annual salary by biweekly and deposited rest will be taken care by pay roll processing.

Bottom line pay slip should show 8333 not even single penny less for 100k it means you are employer is cheating you.

I am not sure I understand your comments. Can you elaborate on the risks and required travel documents?

But, I'm not sure if EB row would care that much...since their dates are ALWAYS current?

Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.

Initially, when lawyer sent the documents for signature, they said we should send a $745 dollars check for spouse's form fees. So, my husband asked HR if he's gonna pay for this but HR told him no need they are gonna cover it.

But just yesterday, after my husband got his payslip they deducted 1245 fee. So, my husband complained that he was told that he's not suppose to pay even for spouse's fee.

Because of this complaint, Company sent a letter of apology for wrong information.

My question is , do we really need to pay for this + separate legal fee?

Sorry my details are incomplete in my first post.


Please help. Thanks


It depends on the Company and the Attorney.

Some attorneys file for the whole family for the Legal fees(for attorney) paid for the principal applicant. These are good attorneys :)

Some like mine charge a separate legal fee for the principal which will be paid for by the company and a separate fee for the dependents which we need to shell out from our pocket.

Most companies cover the filing fees (for USCIS) for the Principal applicant alone and we need to take care of our dependents' filing fees.

I had to pay the filing fees and legal fees for my wife and kid.

As I said previously, it depends on whether we are woking for a good financially strong company or not.

Hope this helps.

Once you are on AOS status you do not need H4. If you have renewed it that's fine it does not matter.
My wife came to us in 2004 and she got her EAD/AP in 2007 and I did not apply H4 for her ever since. We have have gone out of country and come back in on AP.

Exactly.
I should be fine!
I renewed it for the reason that for any reason her 485 gets cancelled, since she will always have an approved H4, she can atleast go to India, get an new H4 stamp and re-enter
Than going out of status completely.
Isnt that a good plan?

But no, someone is scaring me, is all.

I do hope that more experts read this thread and concur with me OR atleast tell me any corrective action.

I am not sure if BS (3 yrs) + MCA is considered to be equivalent to MS or not. But if it is, then you can definitely file for EB2 (MS +0). However, your company will need to have a job that requires these qualifications.

Also, I am not sure why you couldn't use the experience gained with your employer. If the job description is at least 50% different than your EB3 job, you can certainly use the experience gained at your current employer.

I am also planning to file under EB2 using the experience gained with current employer. However, I have been concerned about possible audit. Nonetheless, when I asked the audit question (in a different thread), couple of folks shared their personal experience who had gotten approval (using experience gained at same employer) without any audit.

Has anyone seen a case where someone got audited for using the experience gained with the same employer? I think this will be a useful information for several others as well...

Sorry Bostongc

I am certain you cannot count expeience gained from your current employer even if you are applying for another position. All attorneys are aware of this and will advice you not to do.

Sorry for not being able to give an answer in the affirmative but that is the fact.

I took some time to compile the list of INDIA only EB3 and EB2 categories for past 2 years and from the trend, it is very easy to predict the Oct bulletin.
It does not need a attorney or spies. You just need to work up the numbers.
I did this only for INDIA. Any chinese can complile it for China.



MONTH EB2 EB3
Aug 05 C 01APR01
Sep 05 C U
Oct 05 01NOV99 01JAN98
Nov 05 01NOV99 01JAN98
Dec 05 01JUL00 1-Jan-99
Jan 06 01JAN01 01JUN99
Feb 06 01AUG01 01JAN00
Mar 06 01JAN02 01JAN01
Apr 06 01JUL02 01FEB01
May 06 01JAN03 01MAR01
Jun 06 01JAN03 08APR01
Jul 06 01JAN03 15APR01
Aug 06 U 01APR01
Sep 06 U 15APR01
Oct 06 15JUN02 22-Apr-01
Nov 06 01JAN03 APRIL01
Dec 06 08JAN03
Jan 07 Jan03 May01
Feb 07 Jan03 May01
Mar 07 Jan03 May01
Apr 07 Jan03 May01
May 07 Jan03 May01
Jun 07 Apr04 Jun03
Jul 07 C C
Aug 07 U U
Sep 07 Jan03 May01
Oct 07 Jan03 May01
Nov 07 Jul03 June02
Dec 07 Jul03 Jun02
Jan 08 Jan04 Jun02
Feb 08 Jan04 Jun02

Here is my analysis.

Bulletin dates moves by six months as max jump for EB2 and 1 month for EB3.
Begining of New year in Oct, they conservatively pull back the numbers so as to flush out pending apps.
Now since they have already flushed apps in June/July, in Nov they will move EB2 by six months and possibly either stop there or make it one full year by moving it by another six months.
For EB3, they like to get it stuck at mid year so Jun02.

Guys, give a thought to this trend and see if you can guess more accurately.

The date will move to sept 2002 since this is my PD and then it will stuck for another 5 years.

lol, but you have got to specify the exact date and time of your PD coz' the pace it moves at, ever second matters.

They did mention in one of the other threads that it will touch 2003 for ROW so I do not see any light at the end of the tunnel for EB3 I folks.

I don't think the letter was of any help, it said my case is still pending, and as I mentioned above DMV told me they already knew that, they had access to USCIS database.

Thanks Bfaldia for sharing the info..

RV

--------------bump--------------

Hmmm....strange good words does seems like working....its all started with good news, then it went to universities ...now to a communities...sometimes the old words seems very very true..how ever you try to make the dog's tail straight ..it doesn't work..

Great people....you knowledge and education has come to great use..hats off..

Here is my case:

MS (computer engg) in US
US IT experience more than 6 years
No TOEFEL ( what native english speaker??)
Worked in high growth technology/employer (I assume)
come under STEM
How many points will i get??


you may get 100 points it does not matter, We are still going to have country caps ...

White House Says Immigration Reform Unlikely in �09 - Roll Call (http://www.rollcall.com/news/36115-1.html)

I thought this was obvious!

If NSC had put all applications from July 2nd to July 17th on hold.
Did they open and timestamp it ? for received date ??????

If they did not , then I may be lucky.
Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.

Do you guys think ? they might see this and enter it as received date ?

You answered your own question....If you are lucky then you will get it

Humanitarian Parole was specially created for cases like this. You can apply at the US Embassy. Your wife can apply for Humanitarian parole at the same time and it must be decided by the staff at the Embassy. Of course, you can also apply in the US if at the Embassy doesn't work but I hope that you don't have to do this. Contact the office of the Ombudsman at USCIS in your city. They can help.




Hi, I'm in a desperate situation.I am an asylee and have filed for my LPR.My asylee relative petition has been approved for my wife.
My problem is: a have a newborn baby who resides with my wife outside US and the US Embassy did not issue him any kind of visa,since my wife went for the interview after the petition was approved.She is all set and done,but my baby got born after I've been granted asylum and couldn't file the asylee relative petition for him.The law says that babies born after the asylum decision are not eligible for derivative asylum.I read that Humanitarian Parole would be a solution for these cases,but the officer at the embassy claimed that I should file a relative petition for him ,or file for humanitarian parole here in the US.
My question is can my wife file for Humanitarian Parole at the US embassy,or is there any other way
I read that US Embassies abroad are authorized to issue humanitarian paroles.I think this is the mos inhuman decision I ever heard of and it's about my baby.
I would really appreciate any help

(This is what I found on the internet)
QUESTIONS SUBMITTED FOR NSC CONFERENCE CALL
REFUGEE/ASYLEE ISSUES
FEB. 28 2008

5) I-730 CASE or HUMANITARIAN PAROLE? What can be done for the
beneficiary spouse of an I-730 Asylee Relative petition if she gets
pregnant and has a child (from the petitioner, of course) after the
petitioner was granted asylum �therefore this new child is not considered
a derivative- but before she completes the Visa 92 process at the US
Embassy. Does the US Embassy have the authority to parole the
newborn child for him to join the rest of the family in the US?

Answer: If the child was in utero at the time of the asylum grant the
regulations provide benefit to that child as a derivative under 208.21(b). If
the child was not in utero and the relationship with the child was after the
asylum grant, then a I-730 petition can not be filed on behalf of this child.
The U.S. Embassy does have the authority to grant a humanitarian parole
and that would need to be addressed with the U.S. Embassy.

Guy, we can send a small hand written card to our senators and to QGA(if we are thankful enough). Thi is what I'm going to do:cool:

Amen to that.