yagw
06-13 12:45 AM
Hi,
My I140 is approved and I485 is pending. I am working Full Time as a Software Devloper on EAD with a Consulting Company. I have been offered a part time work of same nature by my friend. He has a company and he offers to pay me on 1099.
Would it be ok to work part time(15 Hrs. per week) and accept payment on 1099.
Please advise.
Thanks,
Nid
In EAD, you can have as many jobs as you can (using 1099 etc).
DISCLAIMER: I am not an attorney and this is not a legal advice.
My I140 is approved and I485 is pending. I am working Full Time as a Software Devloper on EAD with a Consulting Company. I have been offered a part time work of same nature by my friend. He has a company and he offers to pay me on 1099.
Would it be ok to work part time(15 Hrs. per week) and accept payment on 1099.
Please advise.
Thanks,
Nid
In EAD, you can have as many jobs as you can (using 1099 etc).
DISCLAIMER: I am not an attorney and this is not a legal advice.
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lagsam
05-20 04:07 PM
That's right, still AOS.
You can renew within 120 days before the EAD expire.
I just renewed mine and my wife. My daughter is 16 and she's AOS, but don't have EAD. I am planning to apply for her EAD next month.
You can renew within 120 days before the EAD expire.
I just renewed mine and my wife. My daughter is 16 and she's AOS, but don't have EAD. I am planning to apply for her EAD next month.
anwaya
08-31 09:21 PM
Thanks a lot for giving a reply on time.
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pappu
12-18 10:55 AM
It was during the busy time. However logiclife did speak in that event and meet with other invited people.
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waitnwatch
08-22 11:40 AM
All they did was scan the fingerprinting notice's bar code as far as I can remember.
pappu
04-19 02:19 PM
uscis sent incorrect alien registration # with my name to fbi for name check which ended up in an error . now after waiting for 2 years and 4 months uscis tells me that they are going to assign me a new alien # and send name check all over again. i am stuck please help..what options do i have to expedite this as it was uscis error.
Sorry to hear that you waited for 2 years due to name check.
This is a very big hell hole for people when they apply for 485.
90% people who apply for 485 are lucky to not face this.
There are just so many issues we face in our immigration process and cause us pain. Our efforts in the upcoming immigration debate will help this issue. There are provisions like doing the entire 485 processing within 6 months we need to protect. Please join us and support us so that we can all get rid of our immigration sufferings.
Sorry to hear that you waited for 2 years due to name check.
This is a very big hell hole for people when they apply for 485.
90% people who apply for 485 are lucky to not face this.
There are just so many issues we face in our immigration process and cause us pain. Our efforts in the upcoming immigration debate will help this issue. There are provisions like doing the entire 485 processing within 6 months we need to protect. Please join us and support us so that we can all get rid of our immigration sufferings.
more...
gparr
April 17th, 2005, 07:27 PM
I can see potential, but the shot doesn't do much for me. What does interest me is the interplay of the branch, stump, and light on top of the stump. Can't tell if there's anything there, but might be worth exploring. Other angles might make the overall stump shot more interesting. Hard to say.
Gary
Gary
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lagsam
05-20 04:07 PM
That's right, still AOS.
You can renew within 120 days before the EAD expire.
I just renewed mine and my wife. My daughter is 16 and she's AOS, but don't have EAD. I am planning to apply for her EAD next month.
You can renew within 120 days before the EAD expire.
I just renewed mine and my wife. My daughter is 16 and she's AOS, but don't have EAD. I am planning to apply for her EAD next month.
more...
jeda
07-01 06:19 PM
Dear All, Received the magic email today. Good luck to all of you who are waiting. You will get it, hang in there. Below r my details.
Eb2-I PD Aug 05. 140 approved in 2006. Only one FP done in 2007. LUD in 2008. No RFE. Case filed in Nebraska. Never enquired case status with USCIS and never filed SR. Note : Employer is small desi consulting co. with 30-40 employees.
Eb2-I PD Aug 05. 140 approved in 2006. Only one FP done in 2007. LUD in 2008. No RFE. Case filed in Nebraska. Never enquired case status with USCIS and never filed SR. Note : Employer is small desi consulting co. with 30-40 employees.
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raysaikat
11-13 02:34 PM
Appreciate your prompt response Raysaikat. If I get the J1 waiver from Australia, can I file directly under the EB2-NIW without changing to H1B.
Yes. EB2-NIW (in general, any green card application) has no relation with H1-B.
After completing my MS (Molecular Biotech) and PhD (Veterinary Science) in Australia, I am currently working on a J1 visa for the last 3 years in US university. My employer cannot sponsor my H1B/ Green card but I can get recommendation letters and I have 6 publications including 3 first authors. Thanks, Palani
Yes. EB2-NIW (in general, any green card application) has no relation with H1-B.
After completing my MS (Molecular Biotech) and PhD (Veterinary Science) in Australia, I am currently working on a J1 visa for the last 3 years in US university. My employer cannot sponsor my H1B/ Green card but I can get recommendation letters and I have 6 publications including 3 first authors. Thanks, Palani
more...
Blog Feeds
12-18 03:40 PM
As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
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vkotval
03-27 05:12 PM
I think people on H1/H4 are not eligible for medicare. I think you need to be a permanent residence or citizen to avail medicare benefits.
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smuggymba
05-12 09:38 PM
I am in the same boat, so can we use PD and I-140 from employer A even through my employment and H1B are not with Employer for a few months?
not sure if I understand your question correctly.
not sure if I understand your question correctly.
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rameshk75
12-06 08:15 AM
How do you know that name check and background were completed in October? Did you call USCIS?
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freddyCR
January 31st, 2005, 09:16 PM
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GCKaIntezar
01-03 09:25 AM
Just sent it via email.
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reddymjm
03-11 05:51 PM
Just woke up??
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fromnaija
06-21 01:44 PM
You did not mention if you already filed your AOS application. If yes, then you may keep your application going if it's been more than 180 days since you filed.
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
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jaggubhai
08-12 10:35 PM
1. Did you also enter on H1b and then switched using EAD?
---When i filed the EAD renewal i was still on H1B. Just filed EAD as a backup.
2. So do you have H1B on 'Last entry status' and 'AOS pending' on 'Current status' questions?
---Yes. I have I-485 Pending on Current Status
---When i filed the EAD renewal i was still on H1B. Just filed EAD as a backup.
2. So do you have H1B on 'Last entry status' and 'AOS pending' on 'Current status' questions?
---Yes. I have I-485 Pending on Current Status
wandmaker
12-04 11:08 PM
Thank you for response.
I checked with attorney and I believe that is true, PP for H1b is not carried over on RFE reply. Response to RFE will go in a regular queue for evaluation. But, I hope this is not the case.
Yes, I read in forums RFE's and 221g both have become more regular these days.
I'll let the forum know outcome of this case. Thank you for visiting this thread!
If you apply in PP, you will receive an approval, denial, NOID or RFE with in 15 days. 15 day clock will start ticking once USCIS receives the response to RFE. AFAIK, this holds true as of writing.
I checked with attorney and I believe that is true, PP for H1b is not carried over on RFE reply. Response to RFE will go in a regular queue for evaluation. But, I hope this is not the case.
Yes, I read in forums RFE's and 221g both have become more regular these days.
I'll let the forum know outcome of this case. Thank you for visiting this thread!
If you apply in PP, you will receive an approval, denial, NOID or RFE with in 15 days. 15 day clock will start ticking once USCIS receives the response to RFE. AFAIK, this holds true as of writing.
permfiling
07-28 03:59 PM
Hi folks,
I have a appointment at calgary, canada for my H1 extension visa stamping. Any one has experience in Calgary.
My spouse entered the US on H4, she has a MBBS degree from india and she got H1 sponsored by a reputed university to do research.
I read on the posts that first time H4 to H1 stamping might pose a issue in canada if a person does not have degrees from US or Canada.
Please let me know.
Thanks
Contributed 500 to IV
I have a appointment at calgary, canada for my H1 extension visa stamping. Any one has experience in Calgary.
My spouse entered the US on H4, she has a MBBS degree from india and she got H1 sponsored by a reputed university to do research.
I read on the posts that first time H4 to H1 stamping might pose a issue in canada if a person does not have degrees from US or Canada.
Please let me know.
Thanks
Contributed 500 to IV
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