the hottest immigration tracker |
| Got questions on U.S. immigration? |
 |
|
|
|
 |
 |
|
|
Topic: Apologies for posting this here but i'm desperate
My 7th year H-1B extension was filed NOV 19th 07 two S/R's from my lawyer and still no approval not even a lud, i know you can only work 240 days after expiration of H-IB that will be July 17th. Does anyone know if anything else can be done I-140 approved I-485 pending. I do have EAD but i don't want to use it.
Thanks.
|
My 7th year H-1B extension was filed NOV 19th 07 two S/R's from my lawyer and still no approval not even a lud, i know you can only work 240 days after expiration of H-IB that will be July 17th. Does anyone know if anything else can be done I-140 approved I-485 pending. I do have EAD but i don't want to use it.
Thanks.
bump it up to premium, you should have the result before july |
I don't know if you're willing to take the risk. I did and it arrive two days before expiry....hehe... I can't afford premium.
|
Why don't you wanna use EAD? If it's your 7th year on H1b, then keeping it makes no sense at all. Here I repost the Gotcher's blog:
http://immigration-information.com/forums/showthread.php?t=5293
The point is: if your GC will be denied - your H1 will be gone too (you won't be eligible for extensions), if your GC will be approved - why bother?
|
gcdedoyaar
My I-140 has been approved
LUV4USA I can't afford premium either!!!!!
BESTIA I might just have to use EAD Thanks.
|
brew1demon: Does your handle reflect your liking of Cream? The following by Clapton also applies to CIS :)
Strange brew -- kill whats inside of you.
She's a witch of trouble in electric blue,
In her own mad mind she's in love with you
With you
Now what you gonna do?
Strange brew -- kill what's inside of you
She's some kind of demon messing in the glue
If you don't watch out it'll stick to you
To you
What kind of fool are you?
Strange brew -- kill what's inside of you
|
ShangriLA
I brew my own beer and won a blue ribbon at the Sandiego county fair after that my friends called me the brew 1 demon.
|
I can't afford premium either!!!!!
beg or borrow....invest $1000 in premium....you may not regret it |
I brew my own beer and won a blue ribbon at the Sandiego county fair after that my friends called me the brew 1 demon.
and yet you cannot afford $1000....J/K ;-) |
Since you are working for your H1B sponsor, have filed for extention and have EAD I see no issue. Just continue to work! If the H1B extention is approved (even after 240 days) fine, your H1B status continues, if not your AOS/EAD makes you authorized to work and stay anyway. If you didn't have EAD as a backup I would be worried, as they could claim you were not authorized to work after 240 days, but with AOS/EAD you are.
You would only be considered to be using your EAD if you change companies or if your H1B extension is denied.
|
Roger
It only cost's $30 for 10gals of beer!!!!!!!!!
|
It could be they stopped processing your H1 extension because they are close to approving your I-485. So either you are very close to approval or you will just have to use your EAD.
|
It only cost's $30 for 10gals of beer!!!!!!!!!
switch to brew1ethanol :_ |
Since you are working for your H1B sponsor, have filed for extention and have EAD I see no issue. Just continue to work! If the H1B extention is approved (even after 240 days) fine, your H1B status continues, if not your AOS/EAD makes you authorized to work and stay anyway. If you didn't have EAD as a backup I would be worried, as they could claim you were not authorized to work after 240 days, but with AOS/EAD you are.
Exactly!! And, this is the reason why I took the risk because of my EAD on hand. |
Do i have to inform USCIS that i'm using my EAD card
Thanks
|
look at my profile , mine is pending since 06/07..... had an SR late last year , was told that its pending background check. If its pending background check then even premium processing wont do any good. I was getting ready to contact my areas congressman and senators because my 240 days (since the expiration of my last H1B) were getting over in the end of June 08. My company said that if it is not approved by then, then they would have use my EAD. In April I got a good offer and changed job by using AC-21/EAD (140 approved , 180+ days for I-485) .... I dont care about my H1B application anymore ... BTW it still shows pending ... hope this helps ...
|
Cant you work part time on EAD to make some extra money!
LOL. Then he would lose the H1B status he is working so hard to keep! Well I guess he would get it back once the H1B extension is approved, unless he continous to work extra.
But no need to spend the $1,000 since he would be legal either way. |
Do i have to inform USCIS that i'm using my EAD card
Thanks
Nope!! Just your company's HR. |
Cant you work part time on EAD to make some extra money!
More likely he will lose H1 status. Until today nobody can give definite answer to that. USCIS never clarified their position on that and no court case exists. Two opinions are:
1. As long as you fulfill your H1 obligations, you maintain your status - so you don't lose H1b status
2. H1 is given to work for only one employer, working for someone else (even legally) violates H1 conditions. |
Do i have to inform USCIS that i'm using my EAD card
Thanks
Nope!! Just your company's HR.
And only if they ask for it!
You only have to make the choice between EAD or H1B if ICE or USCIS would ask, or if the employer wants to update the I-9. Should they ask, you pick the H1B, and if they question it, you give them the EAD. It's as easy as that! |
LUV4USA
Thanks i'll do that
And thank-you to every one else for there input much appreciated
Cheers Brew
Thanks MrVulcan
|
Cant you work part time on EAD to make some extra money!
LOL. Then he would lose the H1B status he is working so hard to keep! Well I guess he would get it back once the H1B extension is approved, unless he continous to work extra.
But no need to spend the $1,000 since he would be legal either way.
No he will not as long as he keeps his H1B status full time for original employer. EAD can be used for secondary job if he satisfies the first sentence.
Its either you are on H1b or you are on EAD. You cannot use both. So if you want to work a second job then you will have to use your EAD. |
------------------------------------
Original post from brew1demon:
My 7th year H-1B extension was filed NOV 19th 07 two S/R's from my lawyer and still no approval not even a lud, i know you can only work 240 days after expiration of H-IB that will be July 17th. Does anyone know if anything else can be done I-140 approved I-485 pending. I do have EAD but i don't want to use it.
Thanks.
------------------------------------
0) you'll be better off using H1B PP, your money will be returned if no action taken within 15 days.
1) you cannot use EAD and still be able to extend or transfer H1B (EDITED)
2) what if your GC is approved THEN the H1B? "The last action" rule may or may not be applicable, but still a gray area.
3) If you have H1B, and GC gets into trouble, you can still switch employer and pursue brand new GC thru him. Otherwise, you might have to leave (maybe not, you can invoke AC21)
|
I brew my own beer and won a blue ribbon at the Sandiego county fair after that my friends called me the brew 1 demon.
and yet you cannot afford $1000....J/K ;-)
If your credit score is decent: sign up for a 0% apr card, write a $1000 convenience check to yourself.
Its the American way, you can afford anything on credit :-D. |
If your credit score is decent: sign up for a 0% apr card, write a $1000 convenience check to yourself.
Its the American way, you can afford anything on credit :-D.
Usually people with small businesses have already used all their credit ;) |
Thats just not true. You can use both as long as you keep the H1B with original employer and full time.
"Merely by working for another employer on an EAD, a person is deemed to abandon the H1B status and opt for the EAD, unless the person requests the new employer to file an H1B petition extension with the new employer" http://www.murthy.com/chatlogs/chat1124_P.html |
2) what if your GC is approved THEN the H1B? "The last action" rule may or may not be applicable, but still a gray area.
They will not approve H1B extension after GC is approved, but even if they do, that will not violate/void the GC.
The thing is that he doesn't need to do anything. When the H1B extension is approved, he will be considered to be in H1B status the entire time it was pending. If anyone asks for his authorization to work, he can show the receipt notice for the extention. If they (USCIS, ICE or the employer) are not satisfied with that, he has the EAD as backup. Either way he is authorized to work. The only issue I see is if his I-485, together with EAD, is denied before the H1B extension is approved. |
Either way he is authorized to work. The only issue I see is if his I-485, together with EAD, is denied before the H1B extension is approved.
[a] So to cover this eventuality, wouldn't a PP upgrade be advisable?
[b] Also if one is beyond the 6th year of H1, what credence does one put on the Gotcher take that if the AOS is denied then the underlying H-1 is also null & void?
If [b] is true, why worry about the pending H1 anyway? |
[a] So to cover this eventuality, wouldn't a PP upgrade be advisable?
[b] Also if one is beyond the 6th year of H1, what credence does one put on the Gotcher take that if the AOS is denied then the underlying H-1 is also null & void?
If [b] is true, why worry about the pending H1 anyway?
[a] Depands how much one worries about getting GC denied [soon].
[b] Have not heard this from anyone but Gotcher. Actually the opposite is why most lawyers recommend you keep H1B as a back up. But it does not matter that much if you are past the sixth year and only able to get 1 year extentions. On average you would have 6 month of H1B left when the I-485 is denied. 6 months to pack and leave since you would not be able to extend the H1B anyway. A good lawyer could probably keep the process awake for another 6 months with appeals etc anyway.
And worrying is never good for any reason! |
[a] So to cover this eventuality, wouldn't a PP upgrade be advisable?
[b] Also if one is beyond the 6th year of H1, what credence does one put on the Gotcher take that if the AOS is denied then the underlying H-1 is also null & void?
If [b] is true, why worry about the pending H1 anyway?
[a] Depands how much one worries about getting GC denied [soon].
[b] Have not heard this from anyone but Gotcher. Actually the opposite is why most lawyers recommend you keep H1B as a back up. But it does not matter that much if you are past the sixth year and only able to get 1 year extensions. On average you would have 6 month of H1B left when the I-485 is denied. 6 months to pack and leave since you would not be able to extend the H1B anyway. A good lawyer could probably keep the process awake for another 6 months with appeals etc anyway.
And worrying is never good for any reason!
Actually I've not seen the Gotcher interpretation anywhere else. So I consider [b] false till proven true. Also, I am an optimist (and this is more of a risk management issue at a small cost & less of worrying) & would say the average time for the 'Fiasco' filers is probably closer to 1.5 years than 0.5 years (3 years extension for non-current PD). This 1.5 years is enough to move the courts and get a favorable decision!
In Brew's case, since his PD is non-current, he would be getting a 3 year extension on his H1 - so the fee works to $1/day to buy much peace of mind :) |
with appeals etc
for appeals, etc. you don't need any visa at all - you are still on AOS until your I-485 is ultimately denied and you are ordered to leave the US. If your case is strong, then you would appeal AAO, then sue, then appeal (BIA), then appeal (circuit court). In sum it could take 5 years. Is there anybody here who wants to maintain H1 for 5 years?
I guess lawyers suggest their clients to renew H1, because it adds to their revenue.
Now.. let's see the possible reasons for denial:
1. fraud - you will receive a permanent ban and it won't matter if you maintained H1 or not
2. criminal record - same, you won't get GC regardless
3. I-140 ability to pay - carefully review your case. I never seen any such case on BIA, they are usually resolved by AAO. And AAOs position if you were at some point paid your proferred wages, then it's a bona fide evidence of ability to pay. So if you were paid - then nothing to worry about.
4. if you were out of status for more than 180 days - you will have to leave US regardless you have H1 or not.
5. what else? Little things are usually settled by AAO. If it's a major thing - you wont' get GC at all. |
4. if you were out of status for more than 180 days - you will have to leave US regardless you have H1 or not.
a0217's case was bordering pt. 4 & it would have been interesting to see the arguments presented, but alas! |
if one was out of status..cannt they re-enter and become in status ?
|
I can be wrong about this (so correct me if I am wrong), but this is my understanding:
If you appeal a denial of I-485 and you win, you were in status during the whole time. If you on the other hand loose, your time out of status counts from the original denial date unless you have another status to fall back on.
|
Whow!! BIA is supper sexy!!!
LOL
|
Yes, but what does it mean "you lose"? There are several steps and totally it could amount for more than 5 years. If you would be denied by, for example, 9-th Circuit Court (who is very liberal), then there are some serious issues and no point trying further to immigrate to US. And obviously no point counting "since when I was out of status": is it 3 years or 4 years and 5 months.
|
With you loose I mean get finally denied. The difference is that if you get denied on say ability to pay, and you leave within 180 days you can come back on a vistors visa anytime you want. If you appeal and get denied after 5 years without having any other status you will be barred from entry for a very long time.
|
Yes, agree with that. In that case it's better to have "plan B". That's why I specifically mentioned I-140/ability to pay case. If one is going only with "plan A" he has to be absolutely sure that "ability to pay" won't come and haunt him/her in the future. But as I read through several AAO decisions - if you were paid at any point the LC wage then ability to pay is not issue anymore.
|
Nope, Buzz :( I couldn't find one. You have to go through them one-by-one. That's why good lawyers cost a lot - they suppose to know important and relevant cases.
PACER will let you search somehow - but they charge $0.08 per page (even for search result :))
What I did - I decided to go by volume every 2 days.. So I went through plenty of them. 99% cases don't apply to us: they are criminal and asylum. Like a person committed crime, then delayed court case until got citizenship then was convicted as citizen - should he be treated as citizen or deported. Was sex offender a crime of moral turpitude and things like that. There was case when a guy replied to NOID on 29th day with overnight FedEX. Fedex didn't deliver next day - he got denied. I didn't find any case about "out of status".
Actually for our issues you might wanna read through AAO cases: there are plenty of decisions regarding EB. Most of them are ability to pay issues.
If you want to read about H1/DOL cases - they are often resolved by IJs. You can find them on aila.org - but they give access to members only. But sometimes they publish summaries of important cases. Over there they discussed benching and out of status of H1. The same cases could be available on pacer - but then you should pay :)
|
That is ok hon:)...A was saying she had downloaded lot these case..i wonder how helpful they were for her... u r right most of the case are not related to us..but some of the really bizzard! i just read a case where one person stayed out of status for 1yr /left and tried to re enter with in 10yrs..case dismissed !!! awful!
|
MrVulcan
This is not true and I have confirmed this with my attorney as well. Here is another link from same Ms. Murthy site. I understand that this is little confusing for everyone but just read the question # 6 and derive your own conclusions. Here is the link:
http://www.murthy.com/chatlogs/ch040708_P.html
She is really contradicting herself there. She says it is not clear, but it seems you can maintain H1B status and then she says you should reenter on AP since use of EAD is not consistent with H1B status. Even if it is not clear, my conclusion would be: Don't count on H1B status after working for another employer using your EAD. |
B1D, wht is the conclusion? r u going with H1 or EAD and please explain the choice.. i need to make some decsion in next few months :).
|
Trackbuzz:
I think i'll go with EAD and here's why, when i applied for HI extension I-140 was still pending so all i could apply for was 1 year. One week after it's pending they approve my I-140 as you know to this day it's still pending, yes i could do p/p but it would be due again in Nov i'm sure i don't need to tell you the cost of all that so for that reason i'm just going to let it go and stick with EAD.
Hope this helps
Brew
|
|
|
