JunRN
10-01 03:16 PM
Pls excse my noob-ness, i have read all the pages of this thread but cudnt find a precise answer.
I am in the Rn program, and wud be graduating in may08, hopefylly pass nclex and start OPT by june08. i can then start with my visa screen, and I140 as these are not retrogressed, but if retrogression continues and i am not able to file I485, do i still get an EAD. my guess is 'not' but just trying to confirm as i wud have to plan to continue with studies after 1 yr of OPT.
and btw thanks for tons of usefull info!
There is no such thing as retrogression for I-140. Any employer can file I-140for you anytime.
For nurses, we are Labor Certification exempt, meaning we don't have to go through this long process. Our LC process is very short, only 40 days and need not be sent to DOL. What I would suggest is that you start looking for sponsor once you're on OPT so that you can establish early priority date by filing I-140 asap.
PD is the date you file I-140. Once your PD is current as per Department of State Visa Bulletin, then you can apply for Adjustment of Status (i-485). EAD (I-765) can accompany that AOS application.
So, the answer to your question is NO. You cannot apply for EAD if you're applying for I-140 only. To file for EAD, it must be accompanied by I-485.
You get 1-yr EAD though once you do your OPT and hope before it expires, your PD becomes current and you can apply for EAD based on pending I-485.
I am in the Rn program, and wud be graduating in may08, hopefylly pass nclex and start OPT by june08. i can then start with my visa screen, and I140 as these are not retrogressed, but if retrogression continues and i am not able to file I485, do i still get an EAD. my guess is 'not' but just trying to confirm as i wud have to plan to continue with studies after 1 yr of OPT.
and btw thanks for tons of usefull info!
There is no such thing as retrogression for I-140. Any employer can file I-140for you anytime.
For nurses, we are Labor Certification exempt, meaning we don't have to go through this long process. Our LC process is very short, only 40 days and need not be sent to DOL. What I would suggest is that you start looking for sponsor once you're on OPT so that you can establish early priority date by filing I-140 asap.
PD is the date you file I-140. Once your PD is current as per Department of State Visa Bulletin, then you can apply for Adjustment of Status (i-485). EAD (I-765) can accompany that AOS application.
So, the answer to your question is NO. You cannot apply for EAD if you're applying for I-140 only. To file for EAD, it must be accompanied by I-485.
You get 1-yr EAD though once you do your OPT and hope before it expires, your PD becomes current and you can apply for EAD based on pending I-485.
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hopefullegalimmigrant
01-03 01:49 PM
It sure is taking a long time. Even after the holidays are past nothing seems to be moving for us. Just hope and pray things move soon.
kopra
05-02 09:43 AM
yes...it would have been nice if we got the stimulus pakage with this situation of spouse on H4/ITIN. I called my congresswomen and wrote a letter to IL Senator(obama) to let her/him know this issue. I dont expect any action, but since they are aware of this situation, may be next time when they give this pakage( may be 10 years from now) they will include H4's
Many H1s like me have their non-working spouses on H4 visa who are not given SSNs. Do we not pay taxes ? Do we not pay Social security ? We do, and therefore we should also be eligible for the Stimulus package. Indeed my son is autistic and disabled but we are not eligible for any kind of aid but we pay tons of taxes and social security. It is highly non-justified think. I know people will argue a lot if it is compared to slavery. But it is a "modern form of slavery". Yes, we are in this country with our own will but that is what they are making use of.
Many H1s like me have their non-working spouses on H4 visa who are not given SSNs. Do we not pay taxes ? Do we not pay Social security ? We do, and therefore we should also be eligible for the Stimulus package. Indeed my son is autistic and disabled but we are not eligible for any kind of aid but we pay tons of taxes and social security. It is highly non-justified think. I know people will argue a lot if it is compared to slavery. But it is a "modern form of slavery". Yes, we are in this country with our own will but that is what they are making use of.
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jetflyer
12-15 11:13 AM
What a nobel idea. IV has thousands of members and we all are with you. What we don't seems to have is LEADER. Yes, we are lacking leaders like you, If you start I am sure all IV members will follow you. Just drop us a line when you are ready to start. We all are counting on you.
J.F.
Dear Friends,
What about if some of us will go for hunger strike in front of USCIC building? may be the will listen to us then.
please dont give reds if you dont like it, just ignore it. man I am very frustrated with the situation.
MC
J.F.
Dear Friends,
What about if some of us will go for hunger strike in front of USCIC building? may be the will listen to us then.
please dont give reds if you dont like it, just ignore it. man I am very frustrated with the situation.
MC
more...
rongha_2000
04-30 03:21 PM
Only 95000 GCs? I thought the recap number is somewhere in the 200K range. Or is this family based GC for which 95K will be available?
Max waiting country Philippines (family based) = 22 years
if recapture enacted we shortened it for a few months.
Very good analysis by the guy currently speaking. I love it! basically he is laughing at the 'family values as defended by the USCIS and DOS'. What a poor job they are doing!
Max waiting country Philippines (family based) = 22 years
if recapture enacted we shortened it for a few months.
Very good analysis by the guy currently speaking. I love it! basically he is laughing at the 'family values as defended by the USCIS and DOS'. What a poor job they are doing!
sam2006
09-13 07:46 PM
Milind123 you are the MAN !!!
IV is proud of you
IV is proud of you
more...
royu
08-23 05:57 PM
Well explained.
Most of EB2 falls into : 1.Advanced Degree-(where most of us fall into ) it is either masters or Bachelors+5 years
Till now there is no proposal to change the above.
The internal memo is for Extraordinary Ability quota, and it is in comment period. It is not implemented yet.
The similar kind of restriction should be applied for EB1 - multinational executive quota.
Most of EB2 falls into : 1.Advanced Degree-(where most of us fall into ) it is either masters or Bachelors+5 years
Till now there is no proposal to change the above.
The internal memo is for Extraordinary Ability quota, and it is in comment period. It is not implemented yet.
The similar kind of restriction should be applied for EB1 - multinational executive quota.
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ags123
03-07 01:36 AM
http://www.shusterman.com/
news ticker mentions Eb3 ROW and Eb3 phillipines will Retrogress by 1 year to 2004. (He mentions a phone call from Hillary, not too sure whether to believe it)
Could this be futher indication that the spill over from Eb1 and Eb4 and Eb5 will go to Eb2 India and China?
only Monday will tell... This is one nerve wracking weekend.
news ticker mentions Eb3 ROW and Eb3 phillipines will Retrogress by 1 year to 2004. (He mentions a phone call from Hillary, not too sure whether to believe it)
Could this be futher indication that the spill over from Eb1 and Eb4 and Eb5 will go to Eb2 India and China?
only Monday will tell... This is one nerve wracking weekend.
more...
Libra
09-14 02:58 PM
thank you mdmd10 for contribution, hope to see you in DC.
Just made a 1 time contribution of $100.
Thank you for all the good work.
Just made a 1 time contribution of $100.
Thank you for all the good work.
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smuggymba
08-12 03:49 PM
There are lot of good/standard consulting companies ... Some are 'con' but they can't create massive impact , however the MNC's do MANIPULATION at a large scale.
I believe that small companies have a big impact too. As someone mentioned, check to see which companies filed GCs in the last 10 years....Infy, TCS or Small body shops?
I believe that small companies have a big impact too. As someone mentioned, check to see which companies filed GCs in the last 10 years....Infy, TCS or Small body shops?
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uma001
02-24 01:07 PM
Dont assume that people who gone back to India and working a manager are living happily without any issues.
One of my friends whome I used to work in 2005 was promoted to manager in 2007. Now he is in a dilemma whether to continue to go up the ladder or come back doing technical stuff. Salary wise he is not getting that much and he doesnt know how the company will do infuture. It all depends on US economy. If you are looking for 18L above salary, then it is very very tough to get a job in india.
One of my friends whome I used to work in 2005 was promoted to manager in 2007. Now he is in a dilemma whether to continue to go up the ladder or come back doing technical stuff. Salary wise he is not getting that much and he doesnt know how the company will do infuture. It all depends on US economy. If you are looking for 18L above salary, then it is very very tough to get a job in india.
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IV2007
04-02 11:20 AM
Guys,
I read through all of your posts.
One question I am not clear is:
I am on H1-B. I don't intend to change my status.
I start my LLC & work part time in the LLC on EAD. Is this possible ?
I am not sure if H1 gets invalidated by doing this. If so, the only alternative I found is hire others to do it or open a partnership LLC.
Am I correct ?
I read through all of your posts.
One question I am not clear is:
I am on H1-B. I don't intend to change my status.
I start my LLC & work part time in the LLC on EAD. Is this possible ?
I am not sure if H1 gets invalidated by doing this. If so, the only alternative I found is hire others to do it or open a partnership LLC.
Am I correct ?
more...
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satish_hello
10-16 02:20 PM
Hi all,
I am planing to send letter to ombudsman for I-140 , can you some one tell where we should get sign from my employer. i mean which section Employer should sign in that form.
Can we send 7001 form without employer signature.
Thanks
I am planing to send letter to ombudsman for I-140 , can you some one tell where we should get sign from my employer. i mean which section Employer should sign in that form.
Can we send 7001 form without employer signature.
Thanks
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s_r_e_e
09-10 02:29 PM
I am surprised that, many are surprised about the OCT dates! expected!
recapture or die! :)
recapture or die! :)
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jayram123
08-02 06:14 PM
I am sorry for posting in here, but I was wondering if someone actually went in person to the Houston Consulate to get their passport renewed. Also, do we need to have any reason to attend in person at the Consulate such as emergency, etc.
I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.
Thanks a bunch
I had been hoping somebody would help you and I did not want grief from others for answering your question since you posted in the wrong thread but here it is.
I have renewed my pp last April in person in the consulate. It is very easy. Attending in person is an option available to you with no conditions. It just makes it easier and a little bit faster processing. If you have an emergency and if you request, they may do it faster too.
Houston Consulate folks are very friendly and very helpful based on my experience. Some of my personal friends work there too.
I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.
Thanks a bunch
I had been hoping somebody would help you and I did not want grief from others for answering your question since you posted in the wrong thread but here it is.
I have renewed my pp last April in person in the consulate. It is very easy. Attending in person is an option available to you with no conditions. It just makes it easier and a little bit faster processing. If you have an emergency and if you request, they may do it faster too.
Houston Consulate folks are very friendly and very helpful based on my experience. Some of my personal friends work there too.
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Pineapple
07-06 12:57 AM
Excellent... the ball starts rolling.. Nobody knows where it will end up, but we are in for a ride.
Fasten your belts, and always keep your hands inside the carriage.
Fasten your belts, and always keep your hands inside the carriage.
more...
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karthiknv143
08-10 06:10 PM
Any updates from USCIS regarding lockbox & receipting dates?
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Sachin_Stock
08-23 06:58 PM
Well explained.
Most of EB2 falls into : 1.Advanced Degree-(where most of us fall into ) it is either masters or Bachelors+5 years
Till now there is no proposal to change the above.
The internal memo is for Extraordinary Ability quota, and it is in comment period. It is not implemented yet.
The similar kind of restriction should be applied for EB1 - multinational executive quota.
Thats why I asked earlier whether this memo has anything radically different then what already exists? Nope.
Most of EB2 falls into : 1.Advanced Degree-(where most of us fall into ) it is either masters or Bachelors+5 years
Till now there is no proposal to change the above.
The internal memo is for Extraordinary Ability quota, and it is in comment period. It is not implemented yet.
The similar kind of restriction should be applied for EB1 - multinational executive quota.
Thats why I asked earlier whether this memo has anything radically different then what already exists? Nope.
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belmontboy
09-01 07:03 PM
----
Mind what you say in an open forum.
These type of information can fuel anti's cause.
Job requirements "exist" in the company.
They are not created by employers or lawyers for the sake of GC.
Mind what you say in an open forum.
These type of information can fuel anti's cause.
Job requirements "exist" in the company.
They are not created by employers or lawyers for the sake of GC.
I_need_GC
03-14 09:53 AM
:confused:Dear All,
I am still on H1 (not utilized EAD), the visa on my passport expired last year. Planning to visit India next week, should I be getting a visa stamped or use AP?
APPRECIATE INPUTS FROM THE EXPERIENCED/SIMILAR SITUATION. Any USCIS link will also help.
Regards
Well my friend people here will tell you that once you use AP your h1B is not valid any more thats not true. I confirmed this with 2 Immigration officers and my attorney. AP and h1b have nothing to do with each other. One is an entry permit the other is to work with a specific company. no link so use you AP at re entry when IO ask why did you go to india don't say vacation. thats all.
I am still on H1 (not utilized EAD), the visa on my passport expired last year. Planning to visit India next week, should I be getting a visa stamped or use AP?
APPRECIATE INPUTS FROM THE EXPERIENCED/SIMILAR SITUATION. Any USCIS link will also help.
Regards
Well my friend people here will tell you that once you use AP your h1B is not valid any more thats not true. I confirmed this with 2 Immigration officers and my attorney. AP and h1b have nothing to do with each other. One is an entry permit the other is to work with a specific company. no link so use you AP at re entry when IO ask why did you go to india don't say vacation. thats all.
Macaca
09-12 12:34 PM
If you are considering national media, please cover Boston Globe as well. I was about to coordinate this with the MA team, but if you can do this, please let us know.
I read some national news papers. So I know the immigration reporters in these news papers. It is very important to conect with a reporter based on what she has written.
Boston Globe is a very important news paper. I don't follow it. I will not be very effective there since I don't know what they have been writing.
I read some national news papers. So I know the immigration reporters in these news papers. It is very important to conect with a reporter based on what she has written.
Boston Globe is a very important news paper. I don't follow it. I will not be very effective there since I don't know what they have been writing.
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