Originally Posted by Kanmani
My PD is June 2010. I am stuck as you and could not change job. My guess is early 2015 or worst case to get an EAD is as Kanmani mentioned (but a correction NOT 50% , i am at 90% confidence level) next year this time.
It is not worth a job change with this condition of PERM and I-140 delays and worries on PERM audit , attorney errs, RFE etc..
if possible hang in there, lets hope for the best.
I hope can get it by next October. At least EAD
Hello Q and Gurus,
I got one year EAD from TSC. Some folks are getting one year and others are getting two years EADs.What it means?Does this mean that one year EAD folks have chance to get GC next month?
Thanks!
EB2I TSC | PD: 06/16/2008
They generally give one year for new applicants who apply EAD along with 485. For subsequent extensions they approve on two year basis.
Good luck!!!
I am talking about first time filer.Some are getting one year and some are getting two years EADs.
EB2I TSC | PD: 06/16/2008
The implementation has never been consistent with the policy stated by USCIS ever since the combi-card was introduced. It is luck of the draw.
If the COD is current, the card should be issued for 1 year.
If the COD is not current, the card should be issued for 2 years.
The original Memo about this no longer seems to be available on the USCIS site (or at least it is not where it used to be).
From a Policy Memo issued in December 2010 :
(2) Validity Dates.
If the immigrant visa is currently available, the I-766 Advance Parole EAD will have a validity period of one year.
If the immigrant visa is not currently available, then the I-766 Advance Parole EAD will have a validity period of two years.
(A) Visa Bulletin.
The decision to grant a one or two-year validity period will be based on the most recent visa bulletin issued by the Department of State, accessible at http://www.travel.state.gov/visa/bul...etin_5092.html.
As an example, as of November 1, 2010, EADs with a two-year validity period could be issued to Chinese or Indian nationals under the second preference employment-based visa classification and to all foreign nationals under the third preference employment-based visa classification whose priority date is after the dates listed or unavailable for those classifications. All other employment-based preference categories had an immigrant visa available on November 1, 2010. Therefore, USCIS officers would issue Advance Parole EADs to these applicants for a validity period of one year.
Without an irritant, there can be no pearl.
heloo Spec's answer seems pretty good to me. Those who issue EAD are not in the business of forecasting. They must be issuing EADs - 1 yr vs 2 - simply based on whether your date is current or not.
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
Hi Gurus,
I have a question. I saw some discussions earlier on this thread which were later deleted. My H1 visa stamped on passport expired in 2009, I haven't gone to India since then for fear of not getting stamped. I have renewals since then and my current 797 is till 2016. I got a chance to file 485 this year and filed on Sep 2. I plan to go to India in Dec of this year. I am expecting EAD in the end of November timeframe and plan to go only on receiving EAD/AP. I plan to retain H1 status for removing any remote issues with going on EAD and losing status later on. Now to the questions
1. Should I get H1 stamped in India? I read somewhere that I can use AP to re-enter without stamping and use H1 later on. Is that true?
2. If H1 stamping goes into administrative thing or has some issues, can I re-enter in AP and start using my EAD. Since they have my H1 issue in their system, will that create a hassle at port of entry.
3. Is it possible to retain H1 status for working and travel in/out using AP without using EAD for employment.
Thanks in advance for your answers.
sagar - it is sad you haven't been able to visit india for a long time. The answers to all your questions are in your favor. Go without any concern when you have an AP.
p.s. - Personally I wouldn't be so much afraid of H1 stamping. But you know your situation better. Once you have an AP .. don't worry.
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
Spec,
Thanks for your reply.Technically all the dates are current for folks who got EAD. I don't know about internal retrogression.I think different PDs have different EAD validity.PDs before July 2008 are getting one year validity and PDs after that are getting two years validity.May be USCIS can issue GCs to first time filer with PD before July 2008 and issued them one year EADs?
Last edited by Spectator; 09-29-2014 at 08:24 AM. Reason: Fixed quote
EB2I TSC | PD: 06/16/2008
Hi All,
Just a qucik Question? Not relevant for the calculations but on H1 Extension. Moderators please move to appropriate location afterwards. My employer messed up with the checks for the H1 extension and the applications came back. They resubmitted and we got a recepit with a EAC number in the first week of Sep. My I-94 was expiring on Sep-28, since we get the EAC number should I consider this as in status or should I stop working till the application is approved? I have a 140 approved and at the 6 years end of H1. Taking into consideration of the speed and accuracy with which my employer works, I start this extension in June and still landed in a last min rush.
Appreciate a response. Do not want to land in a soup because of unknow rules.
Regards.
Ghost,
Thanks for the link. Very helpful.
Spec, Kanmani,
Seems like the majority of reasons for 485 denial are under 221(g) which is a very general category. Is there a specific reason why the 221(g) is used and can we at least guess what triggers 221(g).
Iatiam
You can travel with AP while working on H1. I did that since 2012.
Last edited by vizcard; 09-29-2014 at 11:22 AM.
I agree it is a good link.
It is not clear whether the report covers AOS cases under USCIS jurisdiction.
For all the other reports, the use of the term "visa" is generally used in the sense that it is issued at the Consulate. AOS is mentioned specifically in addition where the report covers it (e.g. Table V, VII).
If it covered AOS, I might have expected to see 245(k) listed as a refusal reason. That is an ineligibility specific to EB AOS cases.
The Visa Statistics are a DOS publication and they administer the CP processing, so detailed figures for CP cases only would not be a great surprise.
Ultimately, I don't know.
I agree it is disappointing that the bulk of the data is aggregated under a single code.
Without an irritant, there can be no pearl.
i'd check with your lawyers but I'm pretty sure you can work for a period of time while pending approval.
Saagar- you can use H1 as work authorization but you won't be in H1 status anymore once you use AP to enter US.
Agree with Viz that you should check with your lawyers. + A general information is you should file the H1 extn on or before the day your current H1 expires.
If your receipt date is earlier than Sep 28th you have covered all your bases and any further correspondence is treated as general. Another thing I would do is chk with the attorneys if the check has been en cashed by USCIS, generally they will with in couple of days after admitting the case. You need NOT to worry about working eligibility for next 180 days (gurus can pitch in and correct me if I am wrong with number of days) as you have a receipt notice which authorizes you to work during these 180 days till your H1 is approved.
Thanks Q, I have seen two of my colleagues who went to India and got stuck there and finally got jobs and settled back there. For me, with family and commitments and after seeing these two cases, I didn't choose to risk it. That is after doing MS here and having multiple years of experience. Anyways, can you elaborate what you mean all questions are in favor.
vizcard, are you using H1 for work authorization or for status. From what I figured out from forums, these are two different things. I am not sure if using H1 for work authorization would or would not put you out of status if underlying 485 gets revoked for whatever reason.
Thanks suninphx, that's what I understand from different sources of data. When you say won't be in H1 status anymore, how does it impact if something happens to underlying 485 and it gets rejected. The only reason I want to retain H1 is to be on safe side if something were to happen to 485. I had a colleague whose 485 got denied since underlying 140 was revoked and she suddenly went out of status. The underlying reason was that the conniving ex-company revoked 140 with an earlier date and the USCIS officer denied 485 with 140 thinking its less than 180 days of moving. She had to fight legally and got it resolved but it suddenly put her out of status and she switched to H4 on her husband's H1 for status and fought it. I won't have that luxury, so I am trying to cover all bases
I meant - you can go to India with an AP. Try to stamp H1. And regardless of outcome of stamping you can enter on AP and still work on approved H1B.
The denial in India of H1B stamping is just denial of a visa. That doesn't invalidate the H1B work authorization. The reason for this apparent disconnect is because of the fact that visas are given by DoS whereas work authorization H1B is under USCIS.
My understanding is that if you enter on AP - then you automatically acquire status by using your H1B. But you may want to confirm with your company lawyer.
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
If you enter in AP you are not in H1 status. One can regain H1 status by applying for extension and if its approved with I94 attached.
As suggested by Q - always always check with lawyer.
Explained by murthy a while back.. hopefully the info is still valid
http://www.murthy.com/2008/03/21/eff...pending-i-485/
"Pursuant to the Legacy INS memorandum issued on May 16, 2000, a parolee may continue to work for the H1B (or L-1) employer "if the alien's H1B or L-1 employment authorization would not have expired had the alien not left and returned under advance parole." Such employment is not regarded as being unauthorized, even if the individual does not hold a valid Employment Authorization Document (EAD). In practical terms, while an individual in this situation would no longer hold a nonimmigrant status, s/he still would be able to use the H1B (or L-1) employment authorization to continue working for the H1B (or L-1) employer. This appears to be the most difficult concept to understand, as it does not have any parallel applications within other immigration concepts. The easiest way to grasp this is to think of the unexpired H1B (or L-1) approved petition and I-94 in this situation as employment authorization, which does not give one a corresponding status. Essentially, while the individual does not hold H-1 (or L-1) status after a paroled entry, s/he does retain some of the privileges of that status. It is important to note, however, that in the event that one's I-485 application is denied, the individual would be out of status since s/he would not be maintaining the H (or L) status.
One who chooses to enter the U.S. on AP to resume working for the H1B (or L-1) employer, according to the terms of an unexpired nonimmigrant petition, is eligible to use it as employment authorization. Therefore, s/he does not need a separate EAD. Since the employee continues to hold a valid document permitting employment, the travel and reentry do not trigger any obligations on the part of the employer with respect to Form I-9 prior to the expiration of the H1B (or L-1) petition."
My wife used AP to enter into US and the same year her employer renewed her H1B. Her h1 approved with new I-94.
Hi All,
I am sorry I am total newbie to this and not sure how the I-485 approval queue works ..... I have pending I-485 and my priority date is Feb 2008(EB2) and my status still shows as 'Acceptance'. I am applying for the GC as dependent. I file my application in Aug 20013. That being said are the I-485 proceesed by application filing date or Priority dates?
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