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If you start using the EAD -- which in your case, since you are not changing employers, would mean employer changing the I-9 --- the H1B will have ended. And you can't go back to the H1b easily (requires consular processing and I think approval is not straightforward either).Quote:
Originally Posted by GCkaLADDU
You can't keep the current h1b active without doing a timely amendment.
AOS gets rejected only for employer / employee fraud, criminal or national security type issues. There must be some extreme situations or some kind of fraud to catch the eye of AO.Quote:
Originally Posted by GCkaLADDU
I-9 is not submitted to USCIS. Employers must keep it on file for three years after hire or one year after employment is terminated, whichever is later. E-verify is optional and DHS will know immediately. If you are in the same company sometimes HR might not file updated I-9 for project change situations as it is not immediately visible to them. Whatever happens make sure that you have a valid EAD/AP. That is your safety net for this situation.
H1-B is for a specific job at a specific location for a specific employer. If anything changes you have to go through the amendment process.
This is true with regards to employers possibly not using E-verify or not updating the I-9. However, irrespective of DHS/USCIS becoming aware (or not) that the EAD is being used, the H1b has technically invalid/ended because the OP is working in a new location/client. Personally, I wouldn't risk trying to extend that H1B in the future (assuming USCIS is unaware that an EAD is being used) after not having filed an amendment at the correct time.Quote:
Originally Posted by idliman
I have gone through this previously. File AOS with Employer A, switched to EAD with Employer B and then back to H1B with Employer C. I joined C on EAD and filed for H1B (cap exempt based on previous H1B) with consular processing. Since I had joined on EAD, I traveled for H1B stamping when convenient and re-entered on H1B and filed a new I9 with C.Quote:
Originally Posted by gammaray
What I meant was -- OP's current H1B is valid till 2023, so him applying for an extension of that particular h1b prior to its expiry as an EOS and not CP, assuming that USCIS is not aware that the EAD is being used (Since he didn't change employers).Quote:
Originally Posted by tenyearsgone
On a separate note, it's good to know anecdotally that switching back to h1b from EAD is successful. Murthy et al. generally advise to avoid doing that, if possible, since CP has it's associated risks.
Hi
Need some help. My PD is Dec 2010. Due to some personal reasons I went to India and I won't be able to come back to U.S for few more months. Can I file my AOS after I come back to U.S(provided my PD is still current). I have read in some websites that if you don't file I-485 within one year of Priority date becoming current ..it is considered as abandonment of application. Is this true?
Thanks
Thanks for sharing your experience.Quote:
Originally Posted by tenyearsgone
I don't know what the PD of OP is. If it is reasonable, then he/she can give up H1-B and move on to AOS EAD/AP. Everyone likes a safety net, but sometimes situations don't allow that. OP, please make sure that you file a renewal 180 days in advance.
Should we be focusing on if the H1B has crossed the 6 years limit, and you can still file under cap exempt? Or it has to be with in that 6 years usage limit to be considered for Cap Exempt?Quote:
Originally Posted by tenyearsgone
Most of us who have PD's in 2010, 11, 12 will be beyond the 6 years limit of H1.
The number of years doesn't matter if you have an approved I-140 and a pending AOS application. My cap-exempt extension was for over 6 years of usage.Quote:
Originally Posted by srimurthy
Agreed. It just happened in my situation that my employers were willing to move back to H1B and the lawyers also preferred that status. For folks in consulting jobs, the H1B amendment scenario comes into play frequently and so EAD might be the more frictionless option.Quote:
Everyone likes a safety net, but sometimes situations don't allow that.
HiQuote:
Originally Posted by hubofquestions
Any advice on this?
Thanks
My I-485 application was sent via Fedex to following address. Is it the correct address for Georgia resident?
Attn: NFB AOS
2501 S. State Hwy, 121 Business
Suite 400
Lewisville, TX 75067
can we send the I-485 application directly to NBC instead of sending it to Texas Service Center where there is a huge backlog...
would really appreciate any feedback on this topicQuote:
Originally Posted by iamdeb
Not sure if you can chose the service center. You may want to check that with your attorney. I think geography and application types will dictate where to send if I'm not wrong. Also, remember that these conditions could change so your attorney should know the best.Quote:
Originally Posted by iamdeb
Hola all,
My I-765 status changed to "New card being produced" Jul 23rd. No change in status for Derivate EAD application.
PD: 30-Jun-2010 EB2-I
AOS/EAD/AP Application RD: 28-Oct-2020
I-485/I-765 Biometrics Notice Date: 06-Mar-2021
Biometrics Completed: 01-Apr-2021
Service Center: NBC
ASC: Philly
I-765: New card being produced: 07-23-2021
Bangalore boy
Can u please provide ND and series
Like mine
ND- February 8
Series is MSC219076****
Thankyou
Hi, Its...
ND: 1/19/2021
MSC219067****
Update:Quote:
Originally Posted by bangaloreboy
My I-765 and I-131 now show status as "Case was approved". Previous status was "New Card is Being Produced" which seems backwards, but I am not complaining!
Also, chat with Emma revealed that my I-485 is still with NBC. I just hope they transfer to FO soon.Quote:
Originally Posted by bangaloreboy
Meanwhile, did anybody have any hitches with USCIS correspondences/physical cards being sent to you when it coincided with your move?Quote:
Originally Posted by bangaloreboy
We moved a week ago, USPS address change and AR-11 updates were done at the same time.
Emma mentioned that AR-11 could take 30 days to get updated. I am hoping USPS should reroute any communication to new address. Just a tiny bit nervous since it pertains to USCIS documents.
If you have registered for USPS mail forwarding service that should be good enough. Nothing to worry.Quote:
Originally Posted by bangaloreboy
Well, my worries came true...My EAD card was sent to my old address and was then returned to sender.Quote:
Originally Posted by andhraguy
Details:
I moved and put in AR-11 / USPS change of address on Jul 14th. EAD card was mailed to me on Jul 27th, destined to my previous address. It never got forwarded to new address and instead was sent back to USCIS.
Why did USCIS send the card to previous address: as per USCIS, it takes upto 30 days for AR-11 change of address to take effect
Why did USPS not forward the card to my new address: as per USCIS "All documents are sent via priority mail, this type of mail is not subject to forwarding requests". I doubt this statement, since I am not aware of any exceptions to USPS mail forwarding, except advertising mail (who wants those??). Strangely, EAD/AP approval notices got promptly forwarded to my new address.
I did raise an investigation with an USPS manager, but you very well know thats merely procedural.
To all the folks who are moving and expecting GC/EAD card delivery, keep in mind this window where the mail can fall through the cracks.
Not a big deal and no there is no conspiracy here. USPS does not forward sensitive stuff. That is true. They will resend it to your new address.Quote:
Originally Posted by bangaloreboy
Irrespective of whether priority mail is forwarded or not, USPS site says 7 to 10 business days for the change of address to kick in : https://uspstracking.space/how-long-...ge-of-address/Quote:
Originally Posted by bangaloreboy
It is common for mail to go to the old address at the start (and sometimes even after) till the system updates to the new address.
Timing of your move was unfortunate.
Quote:
Originally Posted by mmax123
Hello folks,
A quick update on my status, in case it helps anyone. Referencing my original message above.
My PERM approval came in on 8/9. My PD is March 2013 and I have been current in EB3 since August. Had a consultation with the attorney on 8/10. He recommended concurrent filing EB3 I140 PP + I485. I understand that it may not be optimal based on the forum guidance here (which was get EB3 I140 approved in PP first, then apply for I485 -- which will make I485 to go to NBC). The attorney mentioned that it would be the safest option to file concurrently. He gave me a choice. I decided to go ahead with his recommendation of concurrent filing.
Then ensued a mad rush to get all paperwork done. Attorney filed EB3 I140+I485+EAD+AP+Medicals on 8/18. I was pleasantly surprised that the law firm acted so fast. In my previous job, we had FMan as the legal firm, which would have easily taken a month or two for this paperwork.
I140 went to NSC. Received date 8/20. Approved on 9/1.
Got I797C for I485 from NSC for both my spouse & I. Received date is 8/20. Notice date is 8/24.
Now we wait for biometrics.
Learnt this hard way. USCIS send these cards in Return Service Requested. This is how it works. Your card will travel all the way to your local post office (one guy in post office gave me wrong information which caused one week of sleepless nights for me. He told in the regional distribution center immediately before your local post office they will scan the barcode and based on recipient address, if it finds mail forwarding is there on your file then it will send it back to sender with your new address information. That is not true. It will make it all the way to your local post office).Quote:
Originally Posted by qesehmk
Now what many people doesn't know is USPS offers a great service called intercept package. Go to USPS home page click on receive and under that you have intercept package. When you give your tracking number it will tell you if your package is eligible for intercept. NOTE your package must NOT be in transit and it must be at one of its hopping point (postal hub) to initiate the intercept. If your package is eligible for intercept USPS will change $15.19 to intercept your package then it will give options to you. One of the option is hold at local post office then you can go and pick up.
Some times this is not possible and intercept doesn't work at all. That is where human relations come in to picture. I suggest people always maintain good relation with your mail man (not only mail man for that matter of fact any body). Treat him well and give token of appreciation in holiday period, after all he is delivering everything to you through out the year. Once it reaches local post office and if you know your mail man well and if you informed him that you are expecting this card and it so important that your life is dependent on this, he will pull out the package so that it will not be scanned in the post office and you can collect at Post Office or from him at your old mail box.
I moved when my GC is approved. As usual USCIS didn't even pick up my address change request. Strange thing is I applied for the address change for me and my wife. They processed her request but not mine and sent the GC to old address. I couldn't intercept it any where. Finally it reached the local PO and my mail man like an angel pulled the package out and called me. I went and picked it up from him. Of course I gave a pricy wine bottle. Happiness and gratitude on his face is priceless. He knows he is not going to see me any more because I already moved from that old address and I don't need to do this but in my view it is worth it for what he went way above and beyond his duty. Just imagine if he sends it back to USCIS. Now I am at USCIS mercy to update my address and then request them to send the card again to new address. GOD knows how much time it will take for address change, resending the card and having that freedom tag in my hand.
All the BEST
You did the absolutely right thing in going with Concurrent filing. Atleast this has started 180 day clock and once its over you will be done with Perm and I-140 cycles. As next yr is expected to have another good rd of spillover, in grand scheme of things concurrent will not delay much. I hope you filed your medical as well with your paperwork.Quote:
Originally Posted by mmax123
FMan gets bashing which I gets it. But in my case they were able to file my case within 20 days. I feel they are in their own world and if we ask questions based on their terminology then we make quick progress; just like when you talk to IT guy and know your way around a bit. We know our situation better than anyone, so onus is on us to be knowledgeable abt Immi process. If we have attitude of "I am Doc/Accountant/Science guy and you handle my immi, i will just sign paperwork" than being from EB-I buddy you are in for long journey.
Abundance of good info which is present in pages of this forum and just pe prepared in terms of collecting paperwork way and I bet it will be quick filing.
Thanks monsieur. That was one of the reasons. The 180 clock has started and we hopefully don't have to deal with PERM/I140 ever again.
We submitted medicals as well. It was quiet a challenge to get that done in a week -- get appointments, tests, vaccinations for my spouse since she didn't have proof, chest xray for my spouse since the TB blood test came positive (no - she doesn't have TB). We somehow managed to get all that done in 4 business days.
Noted on FMan. However, I think they have different levels of service and I suspect my previous employer didn't pay for the best service, so everything was always delayed when I have worked with them. It also helps that my current attorney was not overloaded with GC filing right now (unlike Oct 2020 filings).
Glad to hear your mailman called you so that you could pick it up yourself...In my case, my EAD card was returned to the sender, and I finally received it 3 weeks later. All's well that ends well.Quote:
Originally Posted by tomhagen
EDIT: Moved this post to Application Status since I think that is more appropriate.
My Application was sent to Dallas Lock Box @ (PO BOX 660867 Dallas, TX).. It is a straight filing.. So will it go to SRC or LIN or National Benefit Center (MSC)?