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Member Profile: rb1980 (19 posts)

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Hello, I'm rb1980 (report this user)
I am from India
I last logged in on 16 Oct 2017
I have been a member since 13 Feb 2015
I have added 19 posts in trackitt forums
I added my last post on 29 Mar 2016
rb1980's Immigration Cases
 
I-140 case: Approved in 11 days (163 days less than average)   (0 comments)
User: rb1980 Nationality: India
Applicant Type:primaryService Center:Nebraska
Category:EB3Priority Date:24 Mar 2015
Application Filed:19 Nov 2015USCIS Received Date:23 Nov 2015
USCIS Notice Date:USCIS Receipt Number:
I-140/485 Filing:non-concurrentProcessing Type:premium
RFE Received?:RFE Received Date:
Reason for RFE:RFE Replied Date:
Application Status:approvedApproval/Denial Date:30 Nov 2015
Total Processing Time:11 daysMost Recent LUD:
Days Elapsed:
Case Added to Tracker: 17 Feb 2016 Last Updated: 17 Feb 2016
Notes:

PERM case: Approved in 199 days (35 days less than average)   (1 comment)
User: rb1980 Nationality: India
Priority Date:24 Mar 2015Category:EB3
Audit Received?:noAudit Received Date:
Reason for Audit:Audit Replied Date:
Application Status:approvedApproval/Denial Date:09 Oct 2015
Total Processing Time:199 daysDays Elapsed:
Case Added to Tracker: 10 Oct 2015 Last Updated: 10 Oct 2015
Notes:
rb1980's Posts
Posted in I-140 Forum on 29 Mar 2016
Topic: Approved H4-EAD, I-140 revoked

Update for the benefit of posterity:

New employer filed premium H1 Extension, H4 Extension, H4 EAD on 11th March
All three approved same time, EAD card sent on 22nd March with validity of 3 years

Resigned old employer 24th Mar. Thankfully they don't withdraw I-140.
So I am all set. Hopefully USCIS doesnt throw a curve ball later.

Thanks a lot scott6 for your input.

Good luck to all out there stuck in this quagmire.
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Posted in I-140 Forum on 17 Mar 2016
Topic: Received NOID on H4 EAD after I140 cancellation How to answer

In that case she will have to wait till atleast july 2017 as his h1 is already valid till dec2017. Also from March 2017 she wont be able to work legally till she get her new EAD.
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Posted in I-140 Forum on 17 Mar 2016
Topic: Received NOID on H4 EAD after I140 cancellation How to answer

At the time of EAD extension your spouse should have an approved I-140 that is it. So I think you need not have to wait for your spouse.
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Posted in I-140 Forum on 17 Mar 2016
Topic: Received NOID on H4 EAD after I140 cancellation How to answer

Ashwin,

Thanks for you update.

I checked with multiple lawyers and they had the same opinion. EAD will remain valid till end date on the card.
They also told that if USCIS thinks the base I140 was fraudulent, then they might invalidate the EAD based on that I140. But generally this doesnt happen.
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Posted in I-765 (EAD) Forum on 12 Mar 2016
Topic: Approved H4-EAD - H1B holder taking Full time job

I consulted a few lawyers and they i was told that in some cases EAD will be revoked only if USCIS thinks the cancelation of underlying I140 is because of fraud and not if the withdrawn I140 was filed in good faith.
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Posted in I-765 (EAD) Forum on 11 Mar 2016
Topic: Approved H4-EAD - H1B holder taking Full time job

As far as I know, your EAD will remain valid till the end date on your card.
When you go for extension, then you need a new I140 in place to be eligible for extension.
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Posted in I-765 (EAD) Forum on 26 Feb 2016
Topic: EAD approval weird.

Any updates on your H4 EAD? What dates did you get finally on it?
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Posted in I-140 Forum on 22 Feb 2016
Topic: Approved H4-EAD, I-140 revoked

Thanks wiweq, scott.

So looks like if I am to join B, I should get my wifes H4 EAD done with current emp. A (with whom I have an I140 which they might/might not withdraw after I leave)
H4 EAD will be valid till end of the date on the card (probably 3 years). I am in my 5th year on H1b so hoping to get 3 yr ext. based on approved I140 with A.
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Posted in I-140 Forum on 21 Feb 2016
Topic: Received NOID on H4 EAD after I140 cancellation How to answer

shashan,

I am sure there are plenty of our folks, including me, in this uncertain situation. Do you have an update on what was the outcome for your friends wifes EAD?
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Posted in I-140 Forum on 21 Feb 2016
Topic: Approved H4-EAD, I-140 revoked

Nort, what happened to your wifes H4 EAD? I might be exactly in your situation few months from now.

I asked a couple of lawyers and in their opinion, h4 ead stays valid even if i140 is revoked. Just that h4 ead cannot be renewed with revoked 140.
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Posted in I-765 (EAD) Forum on 19 Feb 2016
Topic: EAD for H4 Visa Holders

I think H4 EAD is tied to the primary applicants I-140. So long as the previous employer does not withdraw this I140, H4EAD is valid. If they do withdraw, H4EAD is invalid from that point on.
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Posted in I-140 Forum on 17 Feb 2016
Topic: I 140 Withdraw experiences

Employed by Company A (Contract agency, non-desi) for 3 yrs. Approved I140. Working onsite for Company B (big manufacturer) all along.

Offered FTE by Company B. Same job with a very good salary hike + benefits + good career prospects.

H1 Ext, wifes H4 Ext + EAD in progress (expected to get it by June). In 5th year of H1b.
Little anxious about my I140 with employer A even though I have good relations with them.

Folks/experts who have been in a similar situation please share your experience and(or) advice.

I have an eye on the "Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High- Skilled Nonimmigrant Workers" rule which is in the works.

Will it make sense to wait for a verdict on this rule before making the switch?

Thanks!
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Posted in I-485 Forum on 11 Feb 2016
Topic: Porting PD from withdrawn/revoke I-140

Are you sure your I 140 was revoked/withdrawn? If that happens and your 485 is not pending for 180 days doesnt that mean you lose your PD?
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Posted in I-765 (EAD) Forum on 28 Aug 2015
Topic: Join on EAD with huge pay difference

If the title (and job details) remain the same and if your old employer does not revoke your I140 then you should be ok. If your old employer is desi, good luck with that.

If they revoke your I140, your new employer must have an H1 filed for you otherwise you could be out of status. In this case your new employer will need to restart your GC to get you back on EAD.
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Posted in I-765 (EAD) Forum on 28 Aug 2015
Topic: Join on EAD with huge pay difference

I am no expert but your Labor Certification is tied to the job and worksite and not your wage. Prevailing wage is to ensure you are being paid at least comparable to it if not more. More is no problem, less could be problem.

You might have to restart your LC if your new job description is drastically different (which i guess it will be). If thats the case, are you willing to go through the PW,PERM,I140 process again? One big upside is, for Director of Engineering they may go for EB1 and thus allowing you to bypass the long wait.

In short, I don't think joining on EAD, which you have got based on an approved I140 specifically for a certain job at a certain place, for a different job is ok.

I might be wrong but you might have to temporarily go back to H1b status during this transition?

Better call Saul (check with your lawyer :)) before you do this.
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Posted in I-765 (EAD) Forum on 07 Jul 2015
Topic: EAD for H4 Visa Holders

Anyone has any update on the lawsuit filed to oppose H4 EAD? Its like a hanging sword over the head.
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Posted in I-485 Forum on 27 Mar 2015
Topic: budget bill..visa recapture and h1b increase

Someone coming on an H1b today will want to apply for GC tomorrow is the assumption i guess
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Posted in I-485 Forum on 27 Mar 2015
Topic: budget bill..visa recapture and h1b increase

Its all or nothing buddy. That's why they are opposing it. backlogs is a more terrible problem and just increasing the h1b cap wont help much. all those new h1bs will eventually get added to the GC backlogs.
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Posted in I-765 (EAD) Forum on 17 Feb 2015
Topic: EAD for H4 Visa Holders

Hi guys, new to this forum.... Kudos to everyone supporting H4 EAD and keeping the pressure up using social media. Keeping fingers crossed. Gonna tweet #h4EAD each day till this happens.
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