sunny1000
06-26 12:05 AM
Hi all,
We applied for my wife's and mine EAD on April 27th (paper based)
I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010
I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.
Additionally , she has a valid H4 as well.
I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble
Pls reply
Thanks in advance
After 90 days, if your wife's application is still pending, take an infopass appointment (there is an option in the infopass to mention EAD after 90 days) and they will expedite it. I would suggest making the appointment for the 91st day just in case.
you can also call the USCIS CS number to see if they can help you.
Wish you luck.
We applied for my wife's and mine EAD on April 27th (paper based)
I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010
I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.
Additionally , she has a valid H4 as well.
I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble
Pls reply
Thanks in advance
After 90 days, if your wife's application is still pending, take an infopass appointment (there is an option in the infopass to mention EAD after 90 days) and they will expedite it. I would suggest making the appointment for the 91st day just in case.
you can also call the USCIS CS number to see if they can help you.
Wish you luck.
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javaconsultant
04-03 01:37 AM
Lets Do it Guys !!!!Now is the time......
NOT KNOW HOW TRUE BELOW IS, BUT POST IT ANYWAY
PLEASE POST BELOW ON EVERY website and different forums within a website (murthy/immigrationportal/etc) YOU VISIT------------------------------------------------------------------------------------------------------
We are trying to conduct a nation wide rally of faxes/mail to be sent to Concerned authorities on April 3rd and April 4th, if your Labor is stuck in any of the BEC please send a
- Mail to below address (so that all mail could reach authorities on same week)
- Fax to below number (so that all faxes could reach authorities on same day)
Dates: April 3rd (preferable) and APRIL 4th (if you forget)
MAKE A CALENDER ENTRY
Please use same subject in all your faxes, no matter how you want to address your content of the letter. Please try to post matter of this posting to all forums you visit.
Subject: Delay in Foreign Labor Certification application approval process at Philadelphia Backlog Processing Center
DOL Contacts
Ms. Elaine L. Chao
Secretary of Labor
(202) 693-6000
Mr. Paul T. Conway
Chief of Staff
(202) 693-6007
Mr. Steven J. Law
Deputy Secretary
(202) 693-6000
Ms. Ruth D. Knouse
Executive Secretariat Director
(202) 693-6100
Ms. Amy Barrera
Director of Advance & Scheduling
(202) 693-6003
Ms. Laura Genero
Associate Deputy Secretary
(202) 693-6000
Address for all the above people
U.S. Department of Labor
Frances Perkins Building
200 Constitution Avenue, NW
Washington, DC 20210
--------------------------------------------------------------------------------
WE SEND LETTERS ON APRIL 3rd or 4th (NOT BEFORE)
WE FAX LETTERS ON APRIL 3rd or 4th
Below is the sample draft:
-------------------------
Subject: Delay in Foreign Labor Certification Application approval process at Philadelphia Backlog Processing Center
Dear Sir / Madam:
I would like to bring it to your attention the delays in LCA approval process at Philadelphia Backlog Processing Center. I have been waiting for almost 2 years since the commencement of Philadelphia Backlog Processing Center and has not received my approval.
My family and I are suffering constantly due to these delays. Please take necessary measures to speed up the approval process.
I would be highly appreciated if you look into this matter as soon as possible.
Sincerely,
your name
City, State, Zipcode
__________________
ETA Case Number:
YOUR PRIORITY DATE
YOUR STATE
TR/RIR
NOT KNOW HOW TRUE BELOW IS, BUT POST IT ANYWAY
PLEASE POST BELOW ON EVERY website and different forums within a website (murthy/immigrationportal/etc) YOU VISIT------------------------------------------------------------------------------------------------------
We are trying to conduct a nation wide rally of faxes/mail to be sent to Concerned authorities on April 3rd and April 4th, if your Labor is stuck in any of the BEC please send a
- Mail to below address (so that all mail could reach authorities on same week)
- Fax to below number (so that all faxes could reach authorities on same day)
Dates: April 3rd (preferable) and APRIL 4th (if you forget)
MAKE A CALENDER ENTRY
Please use same subject in all your faxes, no matter how you want to address your content of the letter. Please try to post matter of this posting to all forums you visit.
Subject: Delay in Foreign Labor Certification application approval process at Philadelphia Backlog Processing Center
DOL Contacts
Ms. Elaine L. Chao
Secretary of Labor
(202) 693-6000
Mr. Paul T. Conway
Chief of Staff
(202) 693-6007
Mr. Steven J. Law
Deputy Secretary
(202) 693-6000
Ms. Ruth D. Knouse
Executive Secretariat Director
(202) 693-6100
Ms. Amy Barrera
Director of Advance & Scheduling
(202) 693-6003
Ms. Laura Genero
Associate Deputy Secretary
(202) 693-6000
Address for all the above people
U.S. Department of Labor
Frances Perkins Building
200 Constitution Avenue, NW
Washington, DC 20210
--------------------------------------------------------------------------------
WE SEND LETTERS ON APRIL 3rd or 4th (NOT BEFORE)
WE FAX LETTERS ON APRIL 3rd or 4th
Below is the sample draft:
-------------------------
Subject: Delay in Foreign Labor Certification Application approval process at Philadelphia Backlog Processing Center
Dear Sir / Madam:
I would like to bring it to your attention the delays in LCA approval process at Philadelphia Backlog Processing Center. I have been waiting for almost 2 years since the commencement of Philadelphia Backlog Processing Center and has not received my approval.
My family and I are suffering constantly due to these delays. Please take necessary measures to speed up the approval process.
I would be highly appreciated if you look into this matter as soon as possible.
Sincerely,
your name
City, State, Zipcode
__________________
ETA Case Number:
YOUR PRIORITY DATE
YOUR STATE
TR/RIR
saimrathi
08-10 03:51 PM
Great find..
Please post all news related info here http://immigrationvoice.org/forum/showthread.php?t=4805&highlight=media
Please post all news related info here http://immigrationvoice.org/forum/showthread.php?t=4805&highlight=media
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arc
08-03 05:29 PM
When I open this post the AD on the top of the page said "zero calorie noodles" ha ha I could not resist I had to write a few lines...
Dude - Life is too short, eat drink and be merry :p when you become 80 - even if you have 6 peck no one is going to want to look at you :D
(do some workout like fun sports (Gym is for the dedicated ones) to stay active)
Dude - Life is too short, eat drink and be merry :p when you become 80 - even if you have 6 peck no one is going to want to look at you :D
(do some workout like fun sports (Gym is for the dedicated ones) to stay active)
more...
imneedy
02-05 10:12 AM
Shahuja and Raju,
thanks for your reply, let's hope you get them soon.
thanks for your reply, let's hope you get them soon.
satyakb
03-19 09:53 PM
Hi Everyone,
Our Immigration status is EAD and my wife is pregnant,
We are very happy with the news..
There is lot of possibility for us to be in India during due date, based on few important events in family.
We would like to know.. if baby is born in India then what possibilities are there for us to bring baby along with us?
(if mother stays in India for couple of more months)
can baby also get Green Card when we (parents) are allotted green card?
All your advices are always appreciated.
Thanks & Regards,
Satya.
Note: Admins if required, please close this thread and redirect to any existing ones, as i could not find one I have posted a new thread.
Our Immigration status is EAD and my wife is pregnant,
We are very happy with the news..
There is lot of possibility for us to be in India during due date, based on few important events in family.
We would like to know.. if baby is born in India then what possibilities are there for us to bring baby along with us?
(if mother stays in India for couple of more months)
can baby also get Green Card when we (parents) are allotted green card?
All your advices are always appreciated.
Thanks & Regards,
Satya.
Note: Admins if required, please close this thread and redirect to any existing ones, as i could not find one I have posted a new thread.
more...
kunjirs
03-07 04:16 PM
MurthyDotCom : EAD Extension Delays - FAQs, Answers, Suggestions (http://www.murthy.com/news/n_eadmor.html)
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cheg
07-26 01:49 AM
I think you should read this thread to help you understand what EAD does for you and your spouse.
http://immigrationvoice.org/forum/sh...ad.php?t=10817
Now for your second question, if you're I-140 gets rejected then your I-485 will be rejected too. The approved EAD will be discontinued if you switched from H1 to EAD and you will no longer be legal in the US. If you think you're I-485 is not a strong case it's bettter to stay on H1 and not use EAD even if they issue you one. Good luck! Hope I was able to answer your question. :)
http://immigrationvoice.org/forum/sh...ad.php?t=10817
Now for your second question, if you're I-140 gets rejected then your I-485 will be rejected too. The approved EAD will be discontinued if you switched from H1 to EAD and you will no longer be legal in the US. If you think you're I-485 is not a strong case it's bettter to stay on H1 and not use EAD even if they issue you one. Good luck! Hope I was able to answer your question. :)
more...
theshiningsun
02-24 03:50 AM
this is what i know
since I-140 is approved and I-485 is pending for more than 6 months therefore employer withdrawing I-140 will hv no effect on GC process
u can get copy of I-140 approval by filing FOIA rqst but it takes about 4-5 months
again, this is what i know but i am not a lawyer, pls consult an attorney b4 any action
btw how does ur employer expect that u not go to another company if u r going to lose ur job with him?
since I-140 is approved and I-485 is pending for more than 6 months therefore employer withdrawing I-140 will hv no effect on GC process
u can get copy of I-140 approval by filing FOIA rqst but it takes about 4-5 months
again, this is what i know but i am not a lawyer, pls consult an attorney b4 any action
btw how does ur employer expect that u not go to another company if u r going to lose ur job with him?
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SK2007
11-29 05:15 PM
I am not too sure if USCIS would ask questions when I apply for h1B again in future through another company, about my not using my previous H1 aprooval for working in US.
I don't think USCIS will ask any questions if you are applying for a new H1 from a different company. You might have a problem if you are asking for a transfer as you have not uesd the current H1. Before coming to US, I had 3 H1Bs done by 3 different companies(in the span of 3 years). I used the last one and I had no problem. Actually I had the first H1 stamped and never used it. When I went for the 2nd stamping(before actually coming to US), they just cancelled the first one on my passport. Again, this was between 97 and 99, if things have changed now, I have no idea. I still did not get my GC either (10th year on H1B) so I don't know if that is going to be an issue in future.
I don't think USCIS will ask any questions if you are applying for a new H1 from a different company. You might have a problem if you are asking for a transfer as you have not uesd the current H1. Before coming to US, I had 3 H1Bs done by 3 different companies(in the span of 3 years). I used the last one and I had no problem. Actually I had the first H1 stamped and never used it. When I went for the 2nd stamping(before actually coming to US), they just cancelled the first one on my passport. Again, this was between 97 and 99, if things have changed now, I have no idea. I still did not get my GC either (10th year on H1B) so I don't know if that is going to be an issue in future.
more...
YesGC_NoGC
03-19 10:06 PM
There are no TAX on selling price as long as you stayed in the house for 2 year , you can exclude up to $250,000 ($500,000 for a married couple)
If you meet the two-year ownership and use tests for a principal residence, and don't sell more than one principal residence in any two-year period, you can exclude any capital gain tax on the sale - up to the $250,000 or $500,000
When you close your sale, your real state lawer will pay to your bank, your real estate agent, your reality transfer fee and other misc fee like Attorney fee etc.
I have sold 2 houses in last 7 years and no real estate lawyer ever asked for 10% tax!!!
More over are you making any money on the property sale now a days?!
FED allows
What are (if any) the tax implications > if a H1b or EAD holder sells his/her house?
From what i knew there were no special "taxes" or implications... but someone (a lawyer) recently told me in addition to everything else there is a 10% tax (federal) on selling price?
Can anyone who has sold a property on h1 or EAD confirm this?
Please share first hand experience and not something that someones heard through the grapevine
If you meet the two-year ownership and use tests for a principal residence, and don't sell more than one principal residence in any two-year period, you can exclude any capital gain tax on the sale - up to the $250,000 or $500,000
When you close your sale, your real state lawer will pay to your bank, your real estate agent, your reality transfer fee and other misc fee like Attorney fee etc.
I have sold 2 houses in last 7 years and no real estate lawyer ever asked for 10% tax!!!
More over are you making any money on the property sale now a days?!
FED allows
What are (if any) the tax implications > if a H1b or EAD holder sells his/her house?
From what i knew there were no special "taxes" or implications... but someone (a lawyer) recently told me in addition to everything else there is a 10% tax (federal) on selling price?
Can anyone who has sold a property on h1 or EAD confirm this?
Please share first hand experience and not something that someones heard through the grapevine
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meridiani.planum
06-01 08:01 PM
I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.
its fine. Your salary should match the LCA salary. The LC salary is for 'future job'. the only place it might come into play is if your employer is very small, and there are ability-to-pay issues (here, if your current salary matches LC salary then its easier to say that employer has ability to pay).
its fine. Your salary should match the LCA salary. The LC salary is for 'future job'. the only place it might come into play is if your employer is very small, and there are ability-to-pay issues (here, if your current salary matches LC salary then its easier to say that employer has ability to pay).
more...
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mariner5555
05-19 02:22 PM
Hi,
Can some body please let me know exactly what documents need to be send after e-filing for EAD renewal.
Following points are mentioned in the e-filing confirmation Receipts:
1) DO attached one copy of this Confirmation Receipts
2) DO keep the extra copy of confirmation receipt for your record.
3) DO NOT send a copy of your e- filing application
4) DO NOT include any applications or fee
5) DO NOT mail photos or copies of identification
I did NOT find any where like we need to send, passport copy, drive license copy, photo.
yes ..you don't have to send the photographs or DL copy. if you efile, you can send copy of 485 recpt copy but they don't ask that anywhere ..
Can some body please let me know exactly what documents need to be send after e-filing for EAD renewal.
Following points are mentioned in the e-filing confirmation Receipts:
1) DO attached one copy of this Confirmation Receipts
2) DO keep the extra copy of confirmation receipt for your record.
3) DO NOT send a copy of your e- filing application
4) DO NOT include any applications or fee
5) DO NOT mail photos or copies of identification
I did NOT find any where like we need to send, passport copy, drive license copy, photo.
yes ..you don't have to send the photographs or DL copy. if you efile, you can send copy of 485 recpt copy but they don't ask that anywhere ..
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reddy77
08-09 08:10 AM
Even I did the same thing, MY PD was current in July Bulletin, So I applied (Premium processing) for 3 years extension based on approved 140 in Jun 2nd week and got the approval in Jun 3rd week for 3 years ...
more...
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Madhuri
03-17 04:17 PM
Faxed mine yesterday.
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frostrated
09-09 03:33 PM
Me and my wife are on pending I-485 AOS. Mine is employment based (EB3) and my wife's is derivative.
I-140 is approved.
I work here on EAD. My wife had to travel to India urgently. She applied for Advance Parole, but had to leave before she received the Advance Parole.
Now she wants to return back, but as she has not yet received Advance Parole, will she need to apply for Visa?
Or is it better to wait for Advance pArole decision?
If Visa, under what category?
Thanks
As you are already working on EAD, you are no longer in H1 status. Therefore, the only option for your wife to return is to wait for the approval of the AP.
If AP is denied, your have to request a Motion To Reopen the denial and hope that it is approved.
If it is still denied, then you will have to wait for your green card to be approved.
I-140 is approved.
I work here on EAD. My wife had to travel to India urgently. She applied for Advance Parole, but had to leave before she received the Advance Parole.
Now she wants to return back, but as she has not yet received Advance Parole, will she need to apply for Visa?
Or is it better to wait for Advance pArole decision?
If Visa, under what category?
Thanks
As you are already working on EAD, you are no longer in H1 status. Therefore, the only option for your wife to return is to wait for the approval of the AP.
If AP is denied, your have to request a Motion To Reopen the denial and hope that it is approved.
If it is still denied, then you will have to wait for your green card to be approved.
more...
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deecha
07-26 09:21 AM
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
If I were you, I would file for my I-485 anyways and then get the wife in on H4, when the H1 extension was approved, as you would still be on H1 status (as long as you did not use the EAD). Have her I-485 ready and as soon as she comes back, send her I-485 in ASAP.
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
If I were you, I would file for my I-485 anyways and then get the wife in on H4, when the H1 extension was approved, as you would still be on H1 status (as long as you did not use the EAD). Have her I-485 ready and as soon as she comes back, send her I-485 in ASAP.
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JazzByTheBay
08-15 03:23 PM
Guess the TSC filers are in great shape... ! Unfortunately, no light for TSC -> CSC -> NSC transfer cases yet.
Enjoy the weekend! :)
jazz
I had these in another thread but roughly
PD May 2006
RD 8/2/2007
ND 9/27/2007
TSC. Got the CPO email on 8/7/08. Then welcome email 8/8/08, approval notice 8/12/08. Received approval notice yesterday, cards this morning. Great start to a weekend.
Good luck to all!!
Enjoy the weekend! :)
jazz
I had these in another thread but roughly
PD May 2006
RD 8/2/2007
ND 9/27/2007
TSC. Got the CPO email on 8/7/08. Then welcome email 8/8/08, approval notice 8/12/08. Received approval notice yesterday, cards this morning. Great start to a weekend.
Good luck to all!!
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ronnie0479
08-15 11:54 PM
Hi -
Does anyone have good or bad experiences with Indian immigration officers in the airport with AP while coming back to US?
I mean, do these guys know what an AP is?
Is it better to get the H1B stamping done?
I am sure folks on this forum will be going to India for the winter vacations, so any responses would benefit a lot of people..
what has indian immigration officer to do with AP and US immagration.....
Does anyone have good or bad experiences with Indian immigration officers in the airport with AP while coming back to US?
I mean, do these guys know what an AP is?
Is it better to get the H1B stamping done?
I am sure folks on this forum will be going to India for the winter vacations, so any responses would benefit a lot of people..
what has indian immigration officer to do with AP and US immagration.....
centaur
03-27 05:45 PM
You need to get another attorney, first and foremost. Sorry its a bit harsh, but it's for your best. There might be problems later and you need to ask yourself-- is this attorney (who apparently didnot go through the case before filing) giving you what you paid for?
I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.
My questions are:
1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
2. Can I continue the case since I already got my Labor Certificate?
I appreciate your feedback. Thank you.
I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.
My questions are:
1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
2. Can I continue the case since I already got my Labor Certificate?
I appreciate your feedback. Thank you.
rahul2699
05-16 09:12 AM
Thanks you are right on consular processing and you are also right that on transfer receipt one can start working
But I am still confused on entering USA. I read on all the forums, you can enter usa with a Transfer Receipt if your h1 stamp is still valid.
So thats something i am trying to sort out.
you can certainly enter if you have a valid visa stamp and a valid 797 (i am assuming you can use 797 approval copy from company A) please keep in mind that if you travel while your transfer is pending you may get a 797B for the new company Vs a 797A (happened to a friend of mine) in which case you can not use the transfer approval (797B) to start working for the new company. You'll have to get an I-94 by vising a US consulate.
But I am still confused on entering USA. I read on all the forums, you can enter usa with a Transfer Receipt if your h1 stamp is still valid.
So thats something i am trying to sort out.
you can certainly enter if you have a valid visa stamp and a valid 797 (i am assuming you can use 797 approval copy from company A) please keep in mind that if you travel while your transfer is pending you may get a 797B for the new company Vs a 797A (happened to a friend of mine) in which case you can not use the transfer approval (797B) to start working for the new company. You'll have to get an I-94 by vising a US consulate.
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