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Nivas

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Everything posted by Nivas

  1. It looks like following to join if you are married before getting your status adjusted not after. So for Scenario 2 / question 2, she doesn't really have a good option. There will be years of wait before she can join her husband unless she has her own H1B or F1 etc.
  2. Scenario 1 : A1 : Biometrics a just a step in the process and has no bearing on the status. He can travel to India on H1B, Assuming he has an unexpired H1B Visa or will get a H1B visa while he is in India. It will always be best to have Advance Parole just in case if his petition adjudicates while he is out of the country A2 : H1 and H4 are dual intent so there shouldn't be any Bias. But as you know no one guarantees a visa to anyone in any category. A3 : Your sister can file her I-485 when the priority date is current again A4: If he changes to EAD your will sister's H4 will no longer be valid. H4 is dependent on a valid H1B. ​ Scenario 2 : A1 : No one knows at this point. A2: I'm not entirely sure about this but there will be years of wait for her to come into U.S unless she has her own H1B or F1. There is not really a good option here. A3: I have no idea of grace period.There is something called Following to Join that I don't know much about it. Hopefully someone with knowledge on this subject will chime in.
  3. Nivas

    EAD/AP renewal timelines?

    Yes, you can as long as it is not expired. It is approved before your departure date so you can use it even though another one is pending
  4. Nivas

    EAD Renewal

    1. You do not have to pay fee for EAD and AP. Make sure to include your I-485 receipt with your filing. 2. You do not have to file for AP every time you file for EAD. They can be filed separately. But since there is not a fee for AP also why not go ahead and file both anyway. it is a pain to get an emergency AP when you really need one. Trust me on that. 3. Looking at the instructions you are not eligible to e-file. C(9) category is eligible but however the online program expect you to pay a fee and cannot handle C(9) with no fee applicants. EAD Applicants Who Have Filed for Adjustment of Status: ©(9) Adjustment applicants who are required to pay a fee for Form I-765. ©(16) Adjustment Applicant Based on Continuous Residence Since January 1, 1972 4. There is no rule that you need an attorney to file for your so you can file for yourself. But having an attorney gives you a little bit piece of mind. Hope this helps.
  5. Nivas

    EAD related job search

    No employer should discriminate based on a temporary work permit, which is what your EAD is. But it is common practice for employers to say we need green card only applicants. They are actually breaking the law by saying that. They site uncertainty in your status as a reason why they want a permanent residency.
  6. Nivas

    H1B Stamping / Use AP : Unique case....

    I'm not expert but Is the current company you are working (Company A ) is still a separate entity? You said company A merged into Company C, if that is the case why company A even exists for you to go back to? Are you sure it is merged? If you are working for company A but company C filed your H1B I'm not sure if that is valid though unless you will go back to work for company C up on your H1B approval. Also you can't use company B H1B at a consulate since you no longer working for them. You may have to travel on AP. As I said yours is a little bit complicated and it may be best to use Murthy's paid ask a question service
  7. Nivas

    EAD/AP renewal timelines?

    It doesn't matter what the processing times are you should really file for an extension 120 days before the current one expires ( Not more than 120 days) . Even though the processing times currently seem to be faster, some people reportedly getting in 30 days but don't count on it There will be several things that can go wrong RFE, lost mail few examples.
  8. Nivas

    EAD/AP Renewal Fees

    No. You do not have to pay ever again for EAD and AP. Please read the instructions where it says What is the filing fee? It has a note that says effective Jul 30, 2007 no additional fee is required to file EAD and AP.
  9. Nivas

    EAD renewal and travel to India

    Traveling on AP doesn't invalidate the H1 even if you don't have a valid H1B Visa Stamp. Google for Cronin's memo and you will find all the information. Also you cannot apply for EAD unless it is 120 days or less before the current one expires. Here is a Q&A that answers H1B status for paroled AOS applicants. Where it is says final rule, that final rule hasn't been published yet. 4. If an H-1 or L-1 nonimmigrant has traveled abroad and reentered the United States via advance parole, the alien is accordingly in parole status. How does the interim rule affect that alien's employment authorization? A Service memorandum dated August 5, 1997, stated that an "adjustment applicant's otherwise valid and unexpired nonimmigrant employment authorization ...is not terminated by his or her temporary departure from the United States, if prior to such departure the applicant obtained advance parole in accordance with 8 CFR 245.2(a)(4)(ii)." The Service intends to clarify this issue in the final rule. Until then, if the alien's H-1 or L-1 employment authorization would not have expired, had the alien not left and returned under advance parole, the Service will not consider a paroled adjustment applicant's failure to obtain a separate employment authorization document to mean that the paroled adjustment applicant engaged in unauthorized employment by working for the H-1 or L-1 employer between the date of his or her parole and the date to be specified in the final rule.
  10. Nivas

    EAD renewal and travel to India

    Do you still have your H1B just in case if you don't get EAD approval you can continue to work under H1B? If not then 2 months is not enough. If the EAD is the only thing that you have that makes you eligible to work I suggest you file for EAD exactly 120 days before the current one expires. USCIS current processing times for EAD is 90 days ( some people get in a month and some don't ) You can't even expedite the petition if is not at least 90 days since you filed. If you enter using AP your status will be paroled and you will be in that status until your 485 approved but you sure can't work without a valid EAD or H1B. Look at the thread I posted with a caption "EAD trouble " and then you will see what happened to my EAD even I filed 4 months before the current one expires. I'm glad I still have my H1B , without that I'll be out of job in 4 days from today... Bad things happen to good people.. so be cautious
  11. Nivas

    EAD Trouble

    I hope no one has to go through the nightmare trouble that I’m going through to get an extension on my EAD ( Fourth extension since 2007 ) . I have filed for EAD on 05/24 116 days before the current one expires and 85 days later on 08/ 17 I received a RFE that says they cannot locate my EAD application and asked me to send everything again to reconstruct the application. Within 4 hours of receiving the RFE letter I resent everything and Texas service center received it next day and the status changed from RFE to reviewing RFE. Since I haven’t heard anything back from them I contacted NCSC and the next day on 08/30 the online status changed to RFE again and the status says they mailed me a letter on 08/31 which I haven’t yet received and I live 20 minutes from Texas service center. I went to Infopass in Dallas office and they say after the file is reconstructed it is not even assigned to an officer and they don’t think there is any letter mailed on 08/30. I called NCSC with my attorney and they wanted me to wait at least 14 days for the letter to deliver , a letter that is probably never mailed. I never ever missed any letters from Texas service center in last 11 years. So far I contacted NCSC two times, sent an email/ fax / mail to Texas service center, Went to Infopass two times, filed a case online with DHS ombudsman’s office , contacted a congressman’s office with no luck and my EAD expires in 6 days. Is there anything else that I should be doing. Your input is appreciated.
  12. Never faced this situation. But in general if you are not in H1B status you can't have dependents on H4 status. Unfortunately the officer who told you that your son may need an advance parole is correct. Please take help from an attorney.
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