EB2 Predictions (Rather Calculations) - 2012

[krishnav]

Hello All,

Just got the email for my wife aswell.

Thanks all for all the help and information you have provided so far.
I hope the rest will get green really really soon as I know how hard it is to wait.
Good luck..I will pray for you all.

Thanks.

Hello All,

I just received my 485 approval email but I have not recieved an approval email for my wife yet. Is this normal?
I am the primary applicant. I thought both of us should generally get the emails together. I checked her case online and it still says Initial Review.
Any thoughts?

I will update if I see any emails in the next few hours.
Please do reply if this happened to you.

[mysati]

Hello All,

Just got the email for my wife aswell.

Thanks all for all the help and information you have provided so far.
I hope the rest will get green really really soon as I know how hard it is to wait.
Good luck..I will pray for you all.

Thanks.

Congrats Krishna!

[qesehmk]

The answer is "absolutely yes".
Your H1 ties u to "an" employer. EAD doesn't. U can have multiple w2s now.

Ps even otherwise one can hold multiple H1s and work for more than 1 employers at the same time.

Can one work for two employers on EAD.

Now that we have our EAD can we work with our current employer and also work Part Time for other employer ? Can I have multiple W2's / paystubs generated.

Or are we tied to only one employer ?

[krishnav]

Thanks MySati and all members for the info that you guys have been providing from when I joined the forums.

Also, a very special thanks to Q, Spec, Nishant, Veni, Leo07 for answering my private messages when I had questions and at times was frustrated with the process and delays.

Congrats Krishna!

[nishant2200]

Thanks MySati and all members for the info that you guys have been providing from when I joined the forums.

Also, a very special thanks to Q, Spec, Nishant, Veni, Leo07 for answering my private messages when I had questions and at times was frustrated with the process and delays.

Most welcome. I just remember was it last week or something, you sent a PM

and this week you got the GC!

[Desperate8]

Thanks Q -

Nishant is a guru vizcard is a pandit, how do we go about these designations just curious

Nishant said that he was pinged by Krishnav , are you guys on a messenger ?

If I travel on a AP come back withougt getting my H1B Stamped (use my AP) , Can I still use my H1B or am I considered to be on EAD once I enter ?

[imdeng]

A. You earn designations by accumulating more posts - I think the designation changes after every 100 posts. This applies for all designations except Guru I think.
B. There is a private message facility on this forum - you can communicate with other members through that.
C. Using an AP does not mean that you are out of your H1B. As long as you continue to be with the same employer, you can continue to be on H1B regardless of you using AP or not for travel.

Thanks Q -

Nishant is a guru vizcard is a pandit, how do we go about these designations just curious

Nishant said that he was pinged by Krishnav , are you guys on a messenger ?

If I travel on a AP come back withougt getting my H1B Stamped (use my AP) , Can I still use my H1B or am I considered to be on EAD once I enter ?

[qesehmk]

Krishnav Very happy for you. All the best.

Indeed it is high time now that Leo and Teddy get theirs!

Thanks MySati and all members for the info that you guys have been providing from when I joined the forums.

Also, a very special thanks to Q, Spec, Nishant, Veni, Leo07 for answering my private messages when I had questions and at times was frustrated with the process and delays.

[zenmaster]

Congrats Krishnav !

Hello All,

Just got the email for my wife aswell.

Thanks all for all the help and information you have provided so far.
I hope the rest will get green really really soon as I know how hard it is to wait.
Good luck..I will pray for you all.

Thanks.

[codesmith]

C. Using an AP does not mean that you are out of your H1B. As long as you continue to be with the same employer, you can continue to be on H1B regardless of you using AP or not for travel.

Imdeng, I was under the impression that if I don't get my visa stamped and then uses EAD+AP to enter US that means I'm no longer on H1 but on EAD.
So,why everyone one tells to have h1...? just curious.

[imdeng]

Using AP does not automatically move you out of H1B. If you look through past posts by Q and Spec here, you will find that we had this discussion recently. I don't recall the specifics right now - but the conclusions was that you can use AP for entry and continue being on H1 - and you should stay on H1 for as long as you can until the GC approval happens.

Imdeng, I was under the impression that if I don't get my visa stamped and then uses EAD+AP to enter US that means I'm no longer on H1 but on EAD.
So,why everyone one tells to have h1...? just curious.

[leo4ever]

This is what i have been told. If you use EAD validity of H1B gets void. You need to fill I9 form if you want to use EAD. Using AP for entry in to US does not mean you are using EAD.

http://en.wikipedia.org/wiki/I-9_(form)

Using AP does not automatically move you out of H1B. If you look through past posts by Q and Spec here, you will find that we had this discussion recently. I don't recall the specifics right now - but the conclusions was that you can use AP for entry and continue being on H1 - and you should stay on H1 for as long as you can until the GC approval happens.

[vizcard]

As a rule, don't combine EAD and AP (even though they are on the same card). One is a work permit the other is a travel doc (similar to being on H1 status vs having a H1 stamp on your passport). You can travel using AP and still maintain your H status. Using EAD ends your H status. As imdeng points out, its better to stay on H as long as possible.

[vizcard]

So I have a question for the board. For now this is hypothetical but it will be real pretty soon for my wife.
- H status expired
- EAD / AP in hand
- 485 pending

If you had to fill out a form asking for status in the US (Permanent Resident, Worker, Visitor, Student) ..what would you fill ? If none of these..what would you fill out.

Gurus - any comments on my earlier question ? quoted here.

[brrr5h]

Hi Gurus,
need your help, I just got today "Notice of intent to denial 485", This is my situation, need your advise.

My Priority date : Aug 15 2006, Job role : Programmer Analyst
EAD/AP Approval : Feb/March 2007

As you guys all know it retrogressed in 2007 and current again in 2011.
I was with the same employer until 2010 November and changed the job in Nov 2010, my new Role at new employer is "Startegy Architect" .
2011 Feb - Old Employer revoked 140
2011 May - AC21 with new Job description , same IT field but job descption is "Startegy Architect" ( it's kind of promotion for "Programmer Analyst" )
2012 Feb - "Notice of intent to denial 485" and requested for more information on denial.

Can someone please advise if anybody else got this kind of notice ? and also can someone tell me how can one doesn't change his role from 2006 to 2011 without acception any promotion. seems normal case but Immigration officer point of view it could be something suspicious, Can you guys advise how can I support my situation and what should I do immediately, they gave 30 days and asked me to send job descrption.

while filing AC21, my lawer didn't give the new job description but employement says new job role.

[khushraho]

As a rule, don't combine EAD and AP (even though they are on the same card). One is a work permit the other is a travel doc (similar to being on H1 status vs having a H1 stamp on your passport). You can travel using AP and still maintain your H status. Using EAD ends your H status. As imdeng points out, its better to stay on H as long as possible.
---------------

There is an article from Ron which nishant posted a couple of days back. Please read that and there is practically no advantage to continue on H1 if one is in 6+ years ...

[imdeng]

I remember that article and I don't quite agree to it. The article essentially says H1 >= EAD with likely that H1 = EAD, it never says that EAD > H1 - so staying conservative, I still maintain that its a good idea to stay on H1 for as long as possible.

There is an article from Ron which nishant posted a couple of days back. Please read that and there is practically no advantage to continue on H1 if one is in 6+ years ...

[khushraho]

The key point i got from that article is, if one's 485 got denied and he is in 6+ years, there is no way he can go back to H1..
If that is correct, what is the advantage of maintaining it...

[kumar78]

My PD was current of Feb 1st and I received all my receipts yesterday.

My priority date is listed as Feb 1st, 2012 (Received Date) instead of Oct 26th, 2009 (Priority date). I know its mentioned on receipt that "....the PD does not reflect earlier retained pd's".

Has anyone seen this before? Do I need to call USCIS to update the information?

Thanks,
Kumar

[leo4ever]

My take on this, better stay on H1B until 485 is approved.

Simple reason if Primary 485 gets denied it makes whole out of status immediately. Where as if you stay on H1B, you are in status-quo. We all were waiting on H1B so long, why not some more time rather than taking risk.

The key point i got from that article is, if one's 485 got denied and he is in 6+ years, there is no way he can go back to H1..
If that is correct, what is the advantage of maintaining it...

[Pdmar08]

My PD was current of Feb 1st and I received all my receipts yesterday.

My priority date is listed as Feb 1st, 2012 (Received Date) instead of Oct 26th, 2009 (Priority date). I know its mentioned on receipt that "....the PD does not reflect earlier retained pd's".

Has anyone seen this before? Do I need to call USCIS to update the information?

Thanks,
Kumar

Are u the primary applicant?
We have seen this for dependents. If u r primary please consult ur lawyer.

[imdeng]

If you are Primary then your PD field should show your actual PD. Anything else needs follow up with USCIS I guess.

My PD was current of Feb 1st and I received all my receipts yesterday.

My priority date is listed as Feb 1st, 2012 (Received Date) instead of Oct 26th, 2009 (Priority date). I know its mentioned on receipt that "....the PD does not reflect earlier retained pd's".

Has anyone seen this before? Do I need to call USCIS to update the information?

Thanks,
Kumar

[GCKnowHow]

Hi Gurus,
need your help, I just got today "Notice of intent to denial 485", This is my situation, need your advise.

My Priority date : Aug 15 2006, Job role : Programmer Analyst
EAD/AP Approval : Feb/March 2007
..........................

http://www.immihelp.com/greencard/ad...-employer.html

What was your old title and role vs new title and role? I think coming up with a good justification of how similar your job is what they would be looking for. Probably the officer could have got confused with the word Architect. Which could mean different things.

Gurus/members anyone faced such situation earlier?

[codesmith]

This is what i have been told. If you use EAD validity of H1B gets void. You need to fill I9 form if you want to use EAD. Using AP for entry in to US does not mean you are using EAD.

http://en.wikipedia.org/wiki/I-9_(form)

Thx Imdeng/Leo4,

My confusion or misunderstanding was I have to HAVE Ead and AP and use it to enter US if my visa is not stamped. I didn't know that I can still use my H1 and AP to enter US instead of EAD.
By the way what forms/procedure - need to follow at the port of entry if using AP and onot having stamped H1 ?

[GCKnowHow]

Hi Gurus,
need your help, I just got today "Notice of intent to denial 485", This is my situation, need your advise.

My Priority date : Aug 15 2006, Job role : Programmer Analyst
EAD/AP Approval : Feb/March 2007

As you guys all know it retrogressed in 2007 and current again in 2011.
I was with the same employer until 2010 November and changed the job in Nov 2010, my new Role at new employer is "Startegy Architect" .
2011 Feb - Old Employer revoked 140
2011 May - AC21 with new Job description , same IT field but job descption is "Startegy Architect" ( it's kind of promotion for "Programmer Analyst" )
2012 Feb - "Notice of intent to denial 485" and requested for more information on denial.

Below is from Murthy.Com.

Question 5 : What is meant by "same or similar" job? TOP

The position must have the same essential job duties. For example, in the computer field the position can use different software and computer languages but it must require the same basic functions to be performed. A programmer is still a programmer, even if using different languages or working on a different application. A baker is still a baker, whether making bread, rolls, muffins, or croissants. The narrowest interpretation would consider the position to be under the same category in the Dictionary of Occupational Titles or the O*NET published by the Department of Labor. This narrow interpretation is the USCIS position as mentioned in the June 2001 USCIS Interim Guidance on AC21. However, we have lobbied for a broader and more liberal interpretation with senior USCIS officers at various meetings. In practice, the USCIS has agreed that the AC21 law does not limit it to an identical DOT or O*Net code and has approved many cases throughout the local USCIS offices and the USCIS Service Centers in which the new position does not match the earlier job with respect to DOT Code or O*Net classification.