krishna_brc
02-23 08:48 PM
My wife is currently on H-1B status. Her employer has decided to close the company and cancel her H-1B effective from 2/28/09. My wife has an EAD and Advance Parole. We applied for her EAD and Advance Parole, when my company applied for my I-485 Adjustment of Status in July 2007. I wanted to know:
a) What steps are needed to move my wife from H-1B to EAD?
b) Do I also need to move from H-1B to EAD in order for my wife to use EAD?
c) Do I need to move my wife to H-4 status before she can start using her EAD?
In short I wanted to inquire, how to ensure that she is still in legal status after her H-1B is cancelled by her employer?
She will be in legal status although her H1 is cancelled.
Reason - She has file I-485 with you, so technically she is in AOS(Adjustment of Status)
When she finds a new job she will give her EAD details in the I9 form.
You dont have to do anything. You can maintain your H1.
If you convert her status to H4 then she cannot use EAD - meaning she cannot work being on H4.
hope this clears your doubts.
Thanks,
Krishna
a) What steps are needed to move my wife from H-1B to EAD?
b) Do I also need to move from H-1B to EAD in order for my wife to use EAD?
c) Do I need to move my wife to H-4 status before she can start using her EAD?
In short I wanted to inquire, how to ensure that she is still in legal status after her H-1B is cancelled by her employer?
She will be in legal status although her H1 is cancelled.
Reason - She has file I-485 with you, so technically she is in AOS(Adjustment of Status)
When she finds a new job she will give her EAD details in the I9 form.
You dont have to do anything. You can maintain your H1.
If you convert her status to H4 then she cannot use EAD - meaning she cannot work being on H4.
hope this clears your doubts.
Thanks,
Krishna
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Prashanthi
04-09 01:02 PM
yes he can
gman
04-17 09:23 PM
Hello everybody,
Since my last post I have done a lot of research on this site and i think i have found the answer to most things. I am curious to find out if anyone has been in the same situation and have a couple of questions left.
1. Since now I am married but when my I-485 was filed I was single, do I need to ammend the I-485?
2. Do I need to let the attorney know that we are self filing for my wife?
Thanks in advance!
Since my last post I have done a lot of research on this site and i think i have found the answer to most things. I am curious to find out if anyone has been in the same situation and have a couple of questions left.
1. Since now I am married but when my I-485 was filed I was single, do I need to ammend the I-485?
2. Do I need to let the attorney know that we are self filing for my wife?
Thanks in advance!
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doshhar
10-07 03:28 PM
Please update your case if you have applied on July 2nd at NSC and your case got transferred to TSC later..
I am in the same situation and last week I got my receipt numbers from TSC. No updates has been seen on my receipt numbers..
I am in the same situation and last week I got my receipt numbers from TSC. No updates has been seen on my receipt numbers..
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harikapraveen
07-25 12:00 PM
Your assumption is not right.
Your visa must have a validity date. You can travel out without any problem as long as your travel dates are within that VISA validity date.
No problem if you are not willing to travel..and want to stay in USA. If your H1 is about to expire...then make sure it is extended.
Your visa must have a validity date. You can travel out without any problem as long as your travel dates are within that VISA validity date.
No problem if you are not willing to travel..and want to stay in USA. If your H1 is about to expire...then make sure it is extended.
hebbar77
03-18 06:50 PM
I understand there will be stress headache etc... I just wanted to see if the cost of appealing a wrongly rejected 485 was something a H1b employee can afford.
BTW on lighter note:
For headache I use zandu balm
and for stress I do Yoga.
These dont cost as much as docs/lawyers in this country!!
Cheers all
BTW on lighter note:
For headache I use zandu balm
and for stress I do Yoga.
These dont cost as much as docs/lawyers in this country!!
Cheers all
more...
raysaikat
04-21 11:37 PM
Hi,
I am really confused about my current status.
I am currently on Opt Extension, which expires on June 1st 2010.
When i filed for H1b visa last year April 2009.
I got my petition approved, but my change of status was denied.
The reason was stated as :
The status previously accorded the worker had expired before this petition was filed. Therefore, the worker si not eligible for change of status.
Now, I am still in US. Is my status illegal?
Unless there is more to the story, you are currently in F1 status assuming that you are not violating OPT rules (e.g., you must be employed in your major field of study --- you cannot keep looking for job on OPT more than 3 months or so, IIRC). Your F1 status will cease when the OPT expires. You will go out of status from June 1, 2010 and so you should go out of US on or before that date. Then you need to get H1-B visa stamp from a consulate abroad (usually it has to be the consulate in your home country for the first stamping) and reenter US.
Make sure that you are not violating any OPT rules --- maybe USCIS thought that you are and that is why they denied COS?
I am really confused about my current status.
I am currently on Opt Extension, which expires on June 1st 2010.
When i filed for H1b visa last year April 2009.
I got my petition approved, but my change of status was denied.
The reason was stated as :
The status previously accorded the worker had expired before this petition was filed. Therefore, the worker si not eligible for change of status.
Now, I am still in US. Is my status illegal?
Unless there is more to the story, you are currently in F1 status assuming that you are not violating OPT rules (e.g., you must be employed in your major field of study --- you cannot keep looking for job on OPT more than 3 months or so, IIRC). Your F1 status will cease when the OPT expires. You will go out of status from June 1, 2010 and so you should go out of US on or before that date. Then you need to get H1-B visa stamp from a consulate abroad (usually it has to be the consulate in your home country for the first stamping) and reenter US.
Make sure that you are not violating any OPT rules --- maybe USCIS thought that you are and that is why they denied COS?
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eastindia
01-27 12:53 PM
No wonder these antis cannot find jobs. Who will employ people who lack intelligence to know that we H1Bs pay taxes. They need to go and find other better arguments against us.
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god_bless_you
03-28 01:20 PM
Is there any similar organization in Tri-State Area?
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ca_immigrant
02-06 01:03 PM
Thanks, today I got the I131 approval notice .
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shruthi07
05-10 09:03 PM
Attorney Seth Miller
Wynn and Wynn, Raynham, MA
508-823-4567
smiller@wynnandwynn.com
Wynn and Wynn, Raynham, MA
508-823-4567
smiller@wynnandwynn.com
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abhay
05-13 11:10 AM
My PD is 08/04/06, and my AP is expiring on June 2nd, I probably will have to travel sometimes June end. I am in a fix if I should go ahead and apply for Ap now. My PD will be current begining June 1st. I heard it may take 1 week to 60 days to get GC after your date becomes current, Do you guys think it's good idea to just apply for AP just in case?
Thanks
Thanks
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sujijag
09-29 01:32 PM
I see this online Update in my Approved I-140. What does it mean ? Just curious..
Post-Decision Activity
On December 15, 2008, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.
Post-Decision Activity
On December 15, 2008, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.
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freddyCR
January 25th, 2005, 08:15 AM
Agree too....I'd be careful to keep a distance though, not to OE the white..