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smahwal

08-26 12:09 PM

I have been noticing soft LUDs on my EAD and 485. The EAD was issued about 2 months ago and I have had 2 soft luds on that and on the 485 in the last week.

Any ideas on what that means?

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chanduv23

09-10 02:23 PM

texcan,

I did create such a platform. Launched it two weeks back. http://www.h1bfraud.com.

There is one more started by an IV member called www.desicrunch.com and another called h1bmajdoor.blogspot.com

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newbie2020

08-17 04:13 AM

PA DMV requires atleast one document which has a later expiry to issue license, Take a letter from her employer stating she will be working in PA until a later date (Say 12/31/2011 eg). Show it to them and they will issue license.

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sasidhar79

09-16 03:09 PM

To all IV members please sign the online petition to drop Lou Dobbs and make this country more progressive.

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franklin

07-20 02:11 PM

I'm confused - what is the point of applying for AP if you aren't also applying for EAD?

Yes, I believe you can apply for EAD yourself

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akred

03-26 08:30 PM

Remember, all immigrants no matter where they came from, are ultimately legal immigrants once they pass through the system.

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gova123

08-02 05:16 PM

I am from Tampa, I am interested in the rally, and I know for sure that one of my friend would also commit if we can work this out. let me know

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raysaikat

04-21 12:00 PM

I am currently on my 9th year h1..my 140 is approved..and i am not a june 2007 filer..H1 valid till may 2010

My spouse is on H1..can i switch over H4..

> My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..

so here is my dilemma::confused:

a.) If i switch to H4 and after few months i get a project..can i go back to H1..->

Yes. You might need to file a new H1-B petition though (I am not positive on that).


b.) Can i file for H4 on my own..is it complicated?

c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..

Yes.


.) Suppose i go back to desh ..can i file for consular processing..if my PD become current

Yes. You do need to file an application to change it into CP.



thank you!

Note however that you need to have a job offer to get the GC.

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SlowRoasted

06-13 01:18 PM

i dunno, its probably some crazy formula it goes by. Any math wizes here?

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lenbin

07-06 12:17 PM

@ gc wanna be
it works perfectly especially if ur company is on good standings as u mentioned in ur post.
PM me if u want info on similar cases, thats if u ddnt get CPO mail yet.

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Ramba

10-08 06:05 PM

Absolutly No. H4 is a non-immigrant status where emplyment previlage is prohibited. If you want to use EAD or to accept any employment, you should be in a status that allows you to work legally. Therefore AOS is a status that allows you to work. One can have "dual intent"; however one can not have "dual status" at a same time. Therefore once you use EAD you automatically switch to AOS status from H4 status. EAD is a benefit to AOS status people not for H4.

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larryking

10-23 07:30 PM

Deall All,

Thanks for your replies...i hope you gurus can shed some light into my situation:

labor(EB3) priority date 18 jan07.
I -140 has been approved june 25 2007.
I - 485 ucsis filing date july 19th 2007
EAD recvd Oct 16th 2007 valid till 3rd oct 2008
fingerprinting scheduled nov 7th 2007
H1 and H4 for me & my wife expires may 20th 2008

Here are my questions:

1. My present employer is under a divestiture process. Can i change employers as long as its a similar job? If so, do I apply for a H1 extension or should i work on EAD? (Note: I havent crossed the magical 180 days on the I-485 yet)

2. I have not received my advance parole docs yet but im planning on visiting india in april-may 2008. Assuming i get my AP can i visit India and return to the states and be working for a different employer (company B) other than the original employer (company A) who was my employer when i applied for my I-140, I485 etc?

3. Upon my return if the inspecting officer asks who the petitioner is/was do i tell them that, while i filed for the I-485 i was with company A but i am currently working for Company B? How do i handle this scenario?

4. If I do find another job, but not a "similar" job, then I'd have to file labor again right? If thats the case, will the current I-140 still hold good? Can I file for a second labor while working on EAD / AP? I guess my question really is: Can i file for another labor under EB2 to expedite my priority date? Then can i use my old I-140 which has been approved? What about the I-485? do i need to apply another one?

Thanks for your replies.

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rakesh_uvce

10-10 09:01 AM

hi mpadapa,

I couldnt find that question. Do you know aapprox what time after the conference call started or the name of the guy who posted that question?
thanks

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yanj

12-14 12:18 PM

ok

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msp1976

02-09 01:06 PM

I would not say that suing USCIS is of no use...It does have its own uses....

Most of the 'American people' donot think beyond their own thing...Some donot have intellectual capacity...Some lack the curiocity..Some are stuck in mortage..marriage..lovelife...divorse...They donot have time to look at our plight or our lawsuit...


For all 'lawsuit oriented' people ...This is some educational material...
Some people already sued the USCIS and their attempt failed...
Still USCIS was forced to make certain statements in a federal court and certain processing became fast because of that...
If you want to try suing please read all this.....

http://www.immigration.com/litigation/I-485_litigation.html

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kirupa

03-12 04:49 AM

If your avatar is any indication of your artistic style, I really can't wait :)

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martinvisalaw

06-25 08:50 AM

Hi,

I recently (one month back) got laid off from the company who filed for my green card. Today i got RFE on my 485 (AOS) requesting "currently dated and original letter from current employerthat specifies dates of employment, current postion, wage, and that the terms and conditions of the empployment petition continue to exist".

I am not working with the company anymore but I am on their payroll till July 21st 2009.
I am still looking for a new job so i don't have any prospective employer yet. I have to reply back before July 19th so I don't have enough time left.

My company said they can't give me employment letter now so my companies lawyer suggested that they will send reply with their own cover letter and my last two months paystubs. 3 years of tax returns.

Do you think it will work and it won't cause any problems to my petition?
What other options do I have ?

Thanks in advance!

You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.

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indianabacklog

11-09 09:20 AM

My lawyer told me the backlog is 400K. As an European, I am expecting to wait between 2 to 3 years for my GC. Anything sooner would be a nice surprise!

It is going to very much depend on your priority date and employment based category.

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bank_king2003

04-22 02:04 PM

So basically you are saying you cannot sue the people responsible for greencard problem.

I think the only option left is to either sue God or sue yourself for your bad luck.

Sorry if i was not clear. i meant to say that for visa recapture one cant file a lawsuit against USCIS but one can definately file a lawsuit on USCIS for following things if at all we can prove it

1) if quarterly soillover is a law and USCIS not doing it they are doing something against the law so we can file a lawsuit against it but again how can we prove that they are not doing quarterly spillover.

2) If USCIS doesnt use full numbers assigned for Green Cards and waste them you can again sue them for that but will it be succesfull or not that has to be researched.

3) That H1b employee - employer relation memo is a best example to file a lawsuit against them as there interpratation of the law was completely wrong but noone did it.

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gcisadawg

04-12 12:14 AM

There is bigger problem than H1 approval i.e. overstaying. If overstay more then six months you will barred for 3 years. So go out as soon as possible and come back with another H1

Since his denial was on March 31st, would the overstay clock starts from March 31st or from original I-94 expiry date? My understanding was that one can work legally using H1B receipt notice. Hence, OP was legal atleast till March 31st, 2009, correct?

-GCisaDawg

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cdeneo

04-02 10:12 PM

Related question:

You get on the EAD track and take up a contract offer. Now as I understand it, AC21 will not apply to the contract offer and the contracting employer will not give a letter stating to continue the GC process since you are on contract. If the original sponsoring employer revokes the I-140 petition (I-140 approved and 180 days have passed post 485 submission), this would basically cause a NOID and the only way to not have the 485 filing denied would be to reply to the NOID with information of a full time offer in a same or similar job and the new employer willing to continue the GC process - is this accurate?

Again, this is merely assuming that I-140 is revoked by the employer who had started the GC process once the employee leaves and takes up another job on contract using EAD. This would mean that there is risk in this scenario (where the I-140 petition is revoked) to take up employment on contract.

Would like to hear from others of what they think about this?

The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.

According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.

Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.

Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.

Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.

Ams

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