karthkc
05-23 01:07 PM
EAD to H1 involves a status change that while being perfectly legal was just not envisioned policy wise as being a frequent occurrence.
Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.
The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.
Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..
Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.
Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...
If anyone knows more or can confirm this, that would help...
Thanks!
--Karthik
Is EAD to H1 a complicated process? If so what could be the reasons.
I still have 1.5 years on H1. I posted earlier but didn't get a clear idea.
Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.
The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.
Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..
Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.
Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...
If anyone knows more or can confirm this, that would help...
Thanks!
--Karthik
Is EAD to H1 a complicated process? If so what could be the reasons.
I still have 1.5 years on H1. I posted earlier but didn't get a clear idea.
wallpaper wallpaper Journey of the Cross
sreenivas11
06-15 04:04 PM
USCIS Proc Times Update 06/15/09
NSC I-485 Sept 1st 2007
TSC I-485 Aug 17th 2007
NSC I-485 Sept 1st 2007
TSC I-485 Aug 17th 2007
desighee
10-28 12:21 AM
Happy diwali to everybody.
IV Folks,on this occassion I would like to quote a famous shloka from Geeta spoken by none other than the supreme personality of God head, the omni present lord Krishna:
"Karmanye Vadhikaraste Ma Phaleshu Kadachana,
Ma Karma Phala Hetur Bhurmatey Sangostva Akarmani"
the gist of which is "keep doing your good deed and do not worry about the results,the lord shall bestow you with what you deserve"
Folks, a lot of GC aspirants (like myself) are some of the best and the brightest people in the world,yet we are struggling in our lives due to this immigration mess created by an immigration system which is downright archaic and discriminatory.
Our only fault is that we are ambitious and we want to succeed in the land of opportunities .We have this almost uncanny optimism to see light at the end of this immigration tunnel that seems to have no end.Yet everday we login to IV and other immigration websites to see if our fate has changed overnight,if the prority numbers became current,if the priority dates moved up by 6 months(and God forbids down by 3 years),if the HR5882 passed or it didn't because the senate decided to take the "horse rights" bill .Yet, we talk about flower campaigns to somehow make our voices heard, to somehow defend ourselves from the media assault launched by people like lou dobbs who constantly equate us with the illegals.We somehow try to do a failed attempt to distinguish our selves from the those guys who jump over from mexico border and work as labourers.We want to shout at the top of our lungs that we are not illegals, we are pefectly legal people who came to this great country of opportunities upon the invitation of US employers,we are doctors,engineers,scientists and phDs who probably pay more social security taxes then average population and who may never get that money back.All we want in return is a way for us and our spouses to work and live a decent life and live out the American dream without being exploited by the employers who is hell bent upon screwing us.This country is greatest in the world but somebody needs to hear the genuine voices coming from this strata of society.I have full faith that this country has the basic values of equality ingrained in system and we need to do our part to make sure those values are upheld when it comes to legal immigrants.
Please keep doing your part and one day we'll see the light at the end of this tunnel.The rights of legal immigrants will certainly one day find preference over the rights of horses.
IV Folks,on this occassion I would like to quote a famous shloka from Geeta spoken by none other than the supreme personality of God head, the omni present lord Krishna:
"Karmanye Vadhikaraste Ma Phaleshu Kadachana,
Ma Karma Phala Hetur Bhurmatey Sangostva Akarmani"
the gist of which is "keep doing your good deed and do not worry about the results,the lord shall bestow you with what you deserve"
Folks, a lot of GC aspirants (like myself) are some of the best and the brightest people in the world,yet we are struggling in our lives due to this immigration mess created by an immigration system which is downright archaic and discriminatory.
Our only fault is that we are ambitious and we want to succeed in the land of opportunities .We have this almost uncanny optimism to see light at the end of this immigration tunnel that seems to have no end.Yet everday we login to IV and other immigration websites to see if our fate has changed overnight,if the prority numbers became current,if the priority dates moved up by 6 months(and God forbids down by 3 years),if the HR5882 passed or it didn't because the senate decided to take the "horse rights" bill .Yet, we talk about flower campaigns to somehow make our voices heard, to somehow defend ourselves from the media assault launched by people like lou dobbs who constantly equate us with the illegals.We somehow try to do a failed attempt to distinguish our selves from the those guys who jump over from mexico border and work as labourers.We want to shout at the top of our lungs that we are not illegals, we are pefectly legal people who came to this great country of opportunities upon the invitation of US employers,we are doctors,engineers,scientists and phDs who probably pay more social security taxes then average population and who may never get that money back.All we want in return is a way for us and our spouses to work and live a decent life and live out the American dream without being exploited by the employers who is hell bent upon screwing us.This country is greatest in the world but somebody needs to hear the genuine voices coming from this strata of society.I have full faith that this country has the basic values of equality ingrained in system and we need to do our part to make sure those values are upheld when it comes to legal immigrants.
Please keep doing your part and one day we'll see the light at the end of this tunnel.The rights of legal immigrants will certainly one day find preference over the rights of horses.
2011 Journey to the Cross 2010:
GCcomesoon
01-07 11:07 PM
Hi
First let me tell you that QA jobs are not relaxing & easy as some people think about it.It all depends on whats you aim & where you want to go in your career.There ample of QA-Testing jobs here & in India too.I have been working in QA for last 7-8 years & have worked on 3-4 assignments. I have hardly been on bench for more than 1 month.Its the way you look at things. I have also earned decent money in these years & I still make good money compared to some friends in development.
There are lot of QA-testing tools available from different vendors which you should try to learn , They will give you lot of exposure & demand in the market place.
Remember, Every job has its own value.No job is worthless.
Thanks
GCcomesoon
First let me tell you that QA jobs are not relaxing & easy as some people think about it.It all depends on whats you aim & where you want to go in your career.There ample of QA-Testing jobs here & in India too.I have been working in QA for last 7-8 years & have worked on 3-4 assignments. I have hardly been on bench for more than 1 month.Its the way you look at things. I have also earned decent money in these years & I still make good money compared to some friends in development.
There are lot of QA-testing tools available from different vendors which you should try to learn , They will give you lot of exposure & demand in the market place.
Remember, Every job has its own value.No job is worthless.
Thanks
GCcomesoon
more...
pappu
09-09 09:45 PM
Dear Members,
IV recommends that you wear IV T shirts for the Rally.
Here is a link to buy IV T-Shirts for the rally.
http://www.cafepress.com/immivoice/
If you are participating in the rally, please buy your IV-Shirt today. It would be help to convey the message if all the rally participants are wearing IV T-shirts. It would be even better if the T-Shirt would have the name of the State where you reside. IV volunteers have worked very hard to create the designs and products at IV merchandise shop. Check it out:
http://www.cafepress.com/immivoice/3465245
Pls start buying as soon as possible so that the T shirts can be shipped to your home before you come for the rally.
IV recommends that you wear IV T shirts for the Rally.
Here is a link to buy IV T-Shirts for the rally.
http://www.cafepress.com/immivoice/
If you are participating in the rally, please buy your IV-Shirt today. It would be help to convey the message if all the rally participants are wearing IV T-shirts. It would be even better if the T-Shirt would have the name of the State where you reside. IV volunteers have worked very hard to create the designs and products at IV merchandise shop. Check it out:
http://www.cafepress.com/immivoice/3465245
Pls start buying as soon as possible so that the T shirts can be shipped to your home before you come for the rally.
cooler
12-16 10:01 AM
This must be a "NJ" thing. I had mine renewed a few months back and all I showed was the 2 year EAD. No questions were asked.
I would suggest taking the I-485 receipt and the printout of the case from USCIS website showing the application as pending. If need be, talk to the supervisor to get this sorted out.
I would suggest taking the I-485 receipt and the printout of the case from USCIS website showing the application as pending. If need be, talk to the supervisor to get this sorted out.
more...
jay75
08-04 12:55 PM
EB3 I - I140 pending , applied on 8/9/2007...sorry for the typo from the subject
2010 journey to the cross spokane.
sixburgh
06-28 04:51 PM
Let me rephrase. You can have both but you can only enter in as one status. Whatever you enter in as, that will be your status. If you have not entered in as AP, You can enter the US on H-1b without impacting your AOS.
Status of EAD/AP vs. H/L (http://www..com/greencard/adjustmentofstatus/eadap-hl.html)
This is bad then for me.
Cos, If I enter on h1, then my wife will automatically become h4 status right?
She is also on EAD and working!
Status of EAD/AP vs. H/L (http://www..com/greencard/adjustmentofstatus/eadap-hl.html)
This is bad then for me.
Cos, If I enter on h1, then my wife will automatically become h4 status right?
She is also on EAD and working!
more...
amulchandra
05-11 10:41 AM
Hi all,
Thank you very much. We finally succeeded but got appointments on different dates. The mistake we made was we tried to choose the option - group appointment for co-workers/family members. But when we called VFS customer support they told us that we cannot get a group appointment because we have 2 H1bs and 2 H4s. It seems that group appointment is possible only when all in the group are either H1bs or one is h1b and rest all are H4s.
We wasted a lot of time trying to get a family appointment. But the funny thing is that it allowed us both H1bs to enter separate petition details for the same appointment but did not allow us to get the dates.
Hope this helps others who are trying to get group h1b and h4 appointments.
Thank you once again
Amul
Thank you very much. We finally succeeded but got appointments on different dates. The mistake we made was we tried to choose the option - group appointment for co-workers/family members. But when we called VFS customer support they told us that we cannot get a group appointment because we have 2 H1bs and 2 H4s. It seems that group appointment is possible only when all in the group are either H1bs or one is h1b and rest all are H4s.
We wasted a lot of time trying to get a family appointment. But the funny thing is that it allowed us both H1bs to enter separate petition details for the same appointment but did not allow us to get the dates.
Hope this helps others who are trying to get group h1b and h4 appointments.
Thank you once again
Amul
hair journey to the cross an easter
priya82
02-18 08:57 PM
Thanks for your advice snathan...
more...
dbevis
October 12th, 2003, 07:20 PM
Both of the following are about 500KB, so beforewarned...
I put a smaller beetle macro into the front-page gallery area, but here's a couple others.
1 Upclose and personal with a dandelion.
http://www.gotodon.com/misc/dandelion.jpg
2. The same lens, used conventionally for a landscape. I printed this out at 19x13 and it's going to get framed.
http://www.gotodon.com/misc/holliday-ruins.jpg
I put a smaller beetle macro into the front-page gallery area, but here's a couple others.
1 Upclose and personal with a dandelion.
http://www.gotodon.com/misc/dandelion.jpg
2. The same lens, used conventionally for a landscape. I printed this out at 19x13 and it's going to get framed.
http://www.gotodon.com/misc/holliday-ruins.jpg
hot journey to the cross by
new_horizon
08-27 09:30 AM
Thanks guys for response...
so basically in short....
I can aply for visitors visa an visit cananda while my PR is in proceess right..??
You can visit Canada when your PR is pending, provided you have a valid visitor visa. They'll issue you a visitor visa even though your PR App is pending.
However once your PR app. is approved, you can only apply for a immigrant visa, and get into Canada as a Landed immigrant. From posts from another thread what I understand is you can return to US soon after you land in Canada as a Landed immigrant. Hope this clarifies.
so basically in short....
I can aply for visitors visa an visit cananda while my PR is in proceess right..??
You can visit Canada when your PR is pending, provided you have a valid visitor visa. They'll issue you a visitor visa even though your PR App is pending.
However once your PR app. is approved, you can only apply for a immigrant visa, and get into Canada as a Landed immigrant. From posts from another thread what I understand is you can return to US soon after you land in Canada as a Landed immigrant. Hope this clarifies.
more...
house hair journey to the cross an
gcbum
08-01 04:59 PM
After the lawerand medical examination took a long time my concurrent filing applicaiton was over night fedexed on Jun 28th from nj to nebraska and fedex did not pickup on Jun 28th due some weather and they try to deliver on Saturday which was Jun 30th and finally it was delivered on July 2nd 7:55AM and the check also not encashed and application also not returned.
:mad:
:mad:
tattoo Journey (52 pages) - Cross
manderson
10-10 09:27 AM
i filed thru TSC also, on Aug/14/15. Is this an isolated case or is this happening to others too?
Anyone else?
Anyone else?
more...
pictures journey to the cross group.
ronhira
09-18 06:04 PM
its not 800,000 its around 190,000 for all EB1,2,3
look at here May 2010 data
USCIS - Previous Pending Employment-Based I-485 Inventory (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=16551543455e5210VgnVCM100000082ca60aRCR D&vgnextchannel=16551543455e5210VgnVCM100000082ca60a RCRD)
that is the part of the problem...... uscis has never provided correct and complete size of the backlog..... if backlog size were to be 190,000 then the dates should get current in all of the eb1, eb2 and eb3 categories in around 1 year.... how many here expect the dates to be current for all categories in around 1 year? probably close to zero.... nevertheless, most people think that the size of the backlog is equal to the number of applicants ahead of them..... which is to say that those ahead in line for each one of us is the cause of the backlog and not part of the backlog.... and those behind us do not deserve to be counted with us..... perhaps they should just wait period...... this is the formula most people here seem to use to derive at the size of the backlog.... hence difference versions and different numbers for the size of the backlog.....
look at here May 2010 data
USCIS - Previous Pending Employment-Based I-485 Inventory (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=16551543455e5210VgnVCM100000082ca60aRCR D&vgnextchannel=16551543455e5210VgnVCM100000082ca60a RCRD)
that is the part of the problem...... uscis has never provided correct and complete size of the backlog..... if backlog size were to be 190,000 then the dates should get current in all of the eb1, eb2 and eb3 categories in around 1 year.... how many here expect the dates to be current for all categories in around 1 year? probably close to zero.... nevertheless, most people think that the size of the backlog is equal to the number of applicants ahead of them..... which is to say that those ahead in line for each one of us is the cause of the backlog and not part of the backlog.... and those behind us do not deserve to be counted with us..... perhaps they should just wait period...... this is the formula most people here seem to use to derive at the size of the backlog.... hence difference versions and different numbers for the size of the backlog.....
dresses the journey to the cross
glus
09-24 09:11 AM
My Wife is on AOS (as a dependent with me as primary). She has recently applied for admission into Graduate School. Since she does not have her green card yet, she was being considered as an international application and was requested to submit her "visa documents". We sent in her I-485 Application, EAD and AP documents. Apparently, the school did not have these in their list of acceptable "documents for admission". The school insisted that we need to apply for my wife's F-1 and provide proof of financial support.
I was trying to convince the Director of Intl Affairs that my wife is in the country legally and while on AOS, she can attend school and work for any employer.
The school now comes back saying that they understand being able to work, but they are now asking if there is any law that explicitly states that an AOS applicant can go to school.
Could you please help?? Is there such a law? I personally went through F-1 to H1 to AOS myself and understand each of these statuses, but am looking for a way to convince that AOS can attend school while in the USA.
It's really frustrating to get denied because one is on AOS even though one qualifies for admission. Really alarming to see that not many out side the immigration community understand US visa laws.
I would really appreciate your help!
Hi,
I had the same problem some time ago. I wanted to go to school while my AOS was pending, but the school started making troubles due to this. My attorney wrote up a letter. In the letter she stated, "There is nothing in the U.S. Immigration Law (INA), that prohibits one to attend school while the Adjustment of Status of such a person is pending. INA does not require a person in Adjustment of Status to obtain form I-20" After that, the school just accepted me w/o form I-20. It was a private school so tuition was same as for others.
I was trying to convince the Director of Intl Affairs that my wife is in the country legally and while on AOS, she can attend school and work for any employer.
The school now comes back saying that they understand being able to work, but they are now asking if there is any law that explicitly states that an AOS applicant can go to school.
Could you please help?? Is there such a law? I personally went through F-1 to H1 to AOS myself and understand each of these statuses, but am looking for a way to convince that AOS can attend school while in the USA.
It's really frustrating to get denied because one is on AOS even though one qualifies for admission. Really alarming to see that not many out side the immigration community understand US visa laws.
I would really appreciate your help!
Hi,
I had the same problem some time ago. I wanted to go to school while my AOS was pending, but the school started making troubles due to this. My attorney wrote up a letter. In the letter she stated, "There is nothing in the U.S. Immigration Law (INA), that prohibits one to attend school while the Adjustment of Status of such a person is pending. INA does not require a person in Adjustment of Status to obtain form I-20" After that, the school just accepted me w/o form I-20. It was a private school so tuition was same as for others.
more...
makeup journey to the cross group. of
speedo
08-14 03:25 PM
I-485 AD: Jul-02-2007
I-485 ND: Jul-31-2007
still waiting for fingerprint notice.
I-485 ND: Jul-31-2007
still waiting for fingerprint notice.
girlfriend journey to the cross images.
IVfan08
12-16 02:11 PM
Just got mine renewed in Jersey City, NJ using my EAD without issue.
hairstyles pictures Journey to the Cross
jliechty
May 28th, 2007, 09:24 PM
Visible Dust products used to cost way more than they were worth (they're still expensive, but not as prohibitive as they were previously). At that time, I found this article (http://www.prime-junta.net/pont/How_to/a_Brush_Your_Sensor/a_Brush_Your_Sensor.html?page=1), which offers a much less expensive suggestion. It could be worth checking out if you want to try a brush almost identical to the VD products without paying their high prices (a bit of "elbow grease" is required - just be careful to keep it off the sensor!). ;)
Canadianindian
11-14 09:16 PM
The December bulletin is extremely frustrating.
Does anyone suggest another DC rally or another media campaign could bring some attention to our plight? I am up for either/both.
Hello all IV members,
I was wondering, the 7% green card allotment for each country, can than be considered as racial discrimination? I mean a law suit against USCIS for discriminating against skilled workers.
A question for all you, what do you think is going to happen? will EB2 move fast in next few months, I don't understand how can U.S govt play will all our lives? We all have some personal decisions on hold,
Lastly i feel, we should contact some high profile politicians in India, so they can put a question or make some time of arrangement for Indians who are stuck over here, we all know unites states is interested in nuclear deal, if some type of provision is put in there to help Indians in this country
how about holding another DC rally?
We have to do some big about all this crap!
Does anyone suggest another DC rally or another media campaign could bring some attention to our plight? I am up for either/both.
Hello all IV members,
I was wondering, the 7% green card allotment for each country, can than be considered as racial discrimination? I mean a law suit against USCIS for discriminating against skilled workers.
A question for all you, what do you think is going to happen? will EB2 move fast in next few months, I don't understand how can U.S govt play will all our lives? We all have some personal decisions on hold,
Lastly i feel, we should contact some high profile politicians in India, so they can put a question or make some time of arrangement for Indians who are stuck over here, we all know unites states is interested in nuclear deal, if some type of provision is put in there to help Indians in this country
how about holding another DC rally?
We have to do some big about all this crap!
Chiwere
08-03 02:06 PM
Thanks Alisa for opening this thread.
I am EB3I @ NSC RD 07/25/07
I am EB3I @ NSC RD 07/25/07
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