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About drnishu

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  1. drnishu

    EB1, EAD/Advance Parole

    As I promised, I am writing this post to update on our immigration statuses. Our I 485 got approved and we received green cards fairly quickly within one week of I 485 approval! As discussed above, we travelled while our I 485 petitions were pending after receiving EAD/AP. We reentered US (February 5) using valid H1/H4 visa and very next day (February 6), we got status update regarding approval of I 485. When we reentered, the IO at the POE gave us both options for reentry, H1/H4 vs AP and we firmly requested for H1/H4 to reenter. There was no issue regarding discrepancy in date of birth as I did not receive any RFE. My GC mentioned my actual DOB mentioned in the birth certificate while passport has different DOB. Just a simple signed letter in the white paper was enough for USCIS explaining this discrepancy. For the past 8 months or so I am fighting a battle in Indian high court to issue order so I can change DOB in my passport as I may be questioned at the POE in future regarding this discrepancy. Our overall journey to GC was somewhat stressful but we knew, we would be successful as we had strong credentials, never ever done anything wrong (other than this DOB discrepancy which was not intentional), never violated our statuses for even single day. We never felt scared to travel outside and we travelled multiple times on H1/H4 without any issues.
  2. drnishu

    EB1, EAD/Advance Parole

    Thank you. Sure, I will update when GC arrives.
  3. drnishu

    EB1, EAD/Advance Parole

    thank you. The average time for I 485 approval is 6 to 9 months that too if no RFE. I have discrepancy in my date of birth which I came to know when we requested birth certificate for I 485! Now this is somewhat common but its a recipe for sure RFE. I am working on this to have correct date of birth in my passport but it seems near impossible the way Indian governmental system works!
  4. drnishu

    EB1, EAD/Advance Parole

    Thank you pontevecchio. Our attorney strongly recommends to maintain NIV till I 485 approval but the point I don't understand yet is the fate of EAD/AP once we come back after getting H1/H4 stamping and entering US on H1/H4 visa rather than EAD/AP. If we enter on H1/H4, would EAD/AP considered invalid meaning we would not be able to use it for work, if needed?
  5. drnishu

    EB1, EAD/Advance Parole

    Dear friends, In June 2016, I got approval for I 140 under EB1 category. Already applied for adjustment of status, received EAD/AP combo card valid till 09/2017. I am principle beneficiary and my wife is secondary beneficiary. Also in July, we received another three years on H1/H4 extension as for applicants born in India and China, PD under EB1 category were not current for one month. We are traveling to home country. We are going for visa stamping to maintain NIV, both H1 and H4. I have following questions: 1. Once we come back on H1/H4, do we still considered to have valid EAD/AP, if something goes wrong? 2. Once my spouse enters on H4, can she use EAD to work? Remember, she does NOT have H4 EAD but EAD based on my pending I 485. My attorney says "No" but does not make any sense to me. 3. Is it necessary to go for visa stamping for H1b/H4 since we have EAD/AP? I know, its very vague question. 4. If we enter US on EAD/AP (do not go for H1/H4 stamping), can I continue to work on H1 based on recently approved I 797? Thank you.
  6. drnishu

    Eligible to file I 485

    Hello friends, I am writing this message for my wife who is eligible to file for I 485 under new visa bulletin. Quick background: My wife has approved I 140 and PD March 2011 making her eligible to file for I 485. She is five months pregnant and she just changed her status to H4 last month so she does not have to work. Of course, she applied for COS to H4 before October visa bulletin and new rules came effective !! H4 application is still pending as of today but she has quit working based on the receipt of H4. I am in my sixth year of H1b, currently working as Cardiology fellow and I am dependent on her GC to be eligible to get seventh year or perhaps EAD !! Her employer is asking her to join the company again on H1 and then only they will move forward and apply for I 485, strange but typical desi consultant, you know. They don't care, if she is pregnant, has to stay away from me and we have three years old as well. Her due date is February 2016. Our plan: She goes back on H1b, work for couple of months say for example till December end, then go on medical leave till after delivery and post delivery. By the time, we both can get EAD, hopefully. My questions for all you experts: 1. Can she join on H1b again, apply for I 485/EAD for her and me, work for couple of months and when she approaches her due date, take leave of absence ? 2. Is it ok to take leave of absence while I 485 in process? 3. How long she can be on leave of absence? 4. She is not eligible for medical / vaccinations due to being pregnant, can she still file for I 485 without vaccination? Will she get RFE for sure? Of course we will get letter from civil surgeon regarding that. 5. If we both get EAD, how long does she have to work for the same employer after getting EAD? 6. Can she quit working completely after getting EAD? What status she will be in provided I also get EAD. 7. If she quit working, can employer revoke GC process? When is considered "safe" for her to quit working so employer can not harm us. I apologize for the long message. This is confusing for us. We are getting professional help too but I want you guys opinion as well. Thanks in advance.
  7. drnishu

    H-4 EADs

    Dear attorney, This seems to be a very interesting topic. Question I have is: how about a person working on H1b with six years limit going to be over soon. if that person changes his/her status to H4 of a qualified H1b spouse, will he or she be able to obtain EAD? Thanks.
  8. Dear forum members, Currently, I am in my Fifth year of H1b. I am doing my fellowship in Cardiology. I have used up three years of my H1b doing medicine residency and currently in 5th year (midway) of H1b. I will finish my fellowship and H1b of six year in June 2016. what are my options to extend my H1b beyond six year? My fellowship program (and most teaching programs) does not sponsor Green card. one of my collegues is also in the same situation and she applied for NIW. I believe it is EB2 NIW. My spouse had her I 140 approved (and thus three additional years of H1b) and I was hopeful for her and thus my GC but she had to quit her previous employer due to family situations and her previous employer does not want to further support her GC. So that pathway for getting GC seems to be closed. I do have solid CV with research background but I do not think thats enough to get eligible for EB1 GC process. Any input is highly appreciated. Thanks.
  9. It is not possible unless you upgrade your petition for H1b using the premium process.
  10. Dear friends, Posting this question for my spouse on 7th year of H1b. Working for employer A for the past SIX years 1. PERM approved 2. I - 140 WAS pending for more than 365 days. 3. November 5, 2013 - SIX years of H1b used 4. November 4, 2013 - 7th year H1b extension receipt received based on pending I 140 (regular process as per attorney suggestion) 5. I 140 changed to premium process 6. I 140 approved few days back 7. H1b petition is still pending for employer A. Working for employer A based on the receipt notice. 8. MOST IMPORTANT: offer received from NEW employer B today and we would like to proceed ahead. Questions 1. Will there be any problem getting H1b transfer with this new employer B considering pending H1b extension for previous employer A and that too is for 7th year extension. 2. If previous employer revokes I 140 (as she will be leaving them),can she still get H1b ? / will she be out of status? Thank you.
  11. Thanks for the input. we do understand that her current employer may or may not continue her GC process, if she decides to switch employer. But the question is, if she leaves her employer what happens to approved PERM from the previous employer? and can USCIS deny I-140 because of the change in the employer? similarly, can company X continue to support her GC (of course if they agree to do so) even though she changes her employer? Is it legally allowed?
  12. Dear Forum members, We have somewhat complex situation. This is regarding my spouse working on H1b, currently in her sixth year, ending November 2013. She works for company X, PERM approved, I-140 pending for almost two years and her priority date is April 2011. She got an offer for parmanent position with company Y. We really want this new job with company Y so we can stay together with our one year old. Unfortunately, I can not change my job as I am doing card fellowship. What are her options here, keeping in mind that she needs to change employer with approved PERM, pending I-140. She needs to file extension beyond SIX year and at the same time needs to file for the change in employer as well. And also, can company X continue to sponsor her GC? Needless to mention that her job description will remain the same. What if company X does not want to cooperate and decides NOT to sponsor GC anymore as she is changing her employer?? Can PERM be revoked and is it possible that she might not even be eligible for 7th year extension? We thank everyone for their input.
  13. drnishu

    Driving License Renewal

    PA is tough in issuing DL to immigrants. They need to verify your immigration status with the dept. of homeland security. They have an access to their website where they can see your immigration status using your I-94 number. Immigration services takes a while to update your new immigration status in their database and unless they update in their website, penndott will NOT issue/renew your DL. I had the similar issues with penndott when I had my COS from H4 to H1 but it was not updated in the homeland security website. website was showing my status as H4 (with expiry soon) for many months. I had no option but to wait for few months and to go back and forth to local DMV. In my case I had valid NY license so I was able to drive. I also tried calling USCIS, ended up going to local USCIS field office but no help was provided. I also got the letter from my immigration attorney but again no positive results. Just keep calling penndott and ask for the supervisor. Explain the situation and request them to contact immigration services on your behalf. Its a pain in the neck but you have no options here. GL
  14. drnishu

    Father visiting me on visitor visa

    sorry I should have searched a bit more. "Beginning April 30, 2013 CBP will no longer require international non-immigrant visitors to fill out a paper Form I-94 Arrival/Departure Record upon arrival to the U.S. by air or sea. The agency will gather travelers' arrival/departure information automatically from their electronic travel records. This automation will streamline the entry process for travelers, facilitate security and reduce federal costs. The electronic I-94 process will be rolled out to the nation's airports throughout April and May of 2013"
  15. drnishu

    Father visiting me on visitor visa

    Thanks. Is there any change in I-94 card for visitors? The immigration officer did NOT give him the lower portion of I-94 card. I just realized it now. May be father misplaced it or what?