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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 12-27-2007, 06:32 PM
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Default Impact of being on EAD

So, many people are considering to switch to EAD once they complete the "180 days after filing I-485" rule. Did anyone consider the impact of being on EAD? What if you get a RFE on your I-485? Being on EAD is pretty scary. I know people that have clean record shouldn't be much bothered about working on EAD, but for some people, working on EAD is like sky diving without a parachute. I, myself, is hesitant to work on EAD. You never know what USCIS might ask later when our priority dates are current. I, for one, think that working on EAD is like shooting myself in foot.
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  #2 (permalink)  
Old 12-27-2007, 06:47 PM
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It's risky allright. If they deny your AOS - even for wrong reason, you are suddenly out of status. And yes, USCIS is known for sending NOIDs due to their own mistakes.
AC-21 doesn't remove the sword from above your head -it just moves it a little further up.
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  #3 (permalink)  
Old 12-27-2007, 09:38 PM
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Default Do you give a damn!

If you want to stick somewhere bcos u are scared of using EAD, though you dont like it , not fair.
If you get rejected either apply for new H1 or simply return and serve your motherland.
Think like this : People backhome need you more than US if your 485 gets rejected!!

cheers
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  #4 (permalink)  
Old 12-27-2007, 10:09 PM
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Default

Quote:
Originally Posted by prioritydate View Post
So, many people are considering to switch to EAD once they complete the "180 days after filing I-485" rule. Did anyone consider the impact of being on EAD? What if you get a RFE on your I-485? Being on EAD is pretty scary. I know people that have clean record shouldn't be much bothered about working on EAD, but for some people, working on EAD is like sky diving without a parachute. I, myself, is hesitant to work on EAD. You never know what USCIS might ask later when our priority dates are current. I, for one, think that working on EAD is like shooting myself in foot.
You should be fine if you have a clean record - no convictions, never out of status, no communicable diseases etc. If you still get rejected, its just bad luck. You could as well get hit by a bus while crossing the street.
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  #5 (permalink)  
Old 12-27-2007, 10:20 PM
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Quote:
Originally Posted by humdesi View Post
It's risky allright. If they deny your AOS - even for wrong reason, you are suddenly out of status. And yes, USCIS is known for sending NOIDs due to their own mistakes.
AC-21 doesn't remove the sword from above your head -it just moves it a little further up.
Case in point:

http://immigrationvoice.org/forum/sh...ad.php?t=15993 (Approved 140 revoked by USCIS after 2.5 yrs(Ablty to pay))
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  #6 (permalink)  
Old 12-27-2007, 10:36 PM
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Risky! Tell a situation where there is no risk. There is nothing certain in immigration. Even if you have green card, there is no guarentee that you will be admitted into US after your foreign trip. Why do you think using EAD is risk? It is absolutly risk free, if you do not have any flaws in your immigration applications.
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  #7 (permalink)  
Old 12-27-2007, 10:53 PM
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Default Calculated risk!

Life is about taking calculated risks.
Like someone said above, if you did everything right (as far as you know) and yet some hair splitting USCIS officer nitpicks and finds something and rejects you, then that is just plain bad luck. Planning for that is like planning for the possibility that a bus hits you and borders on paranoid, no-one can succeed in life living that way wherever you end up.

That said, if the time you are likely to end up on EAD is very long (as it would be for anyone from India with a PD later than early 2004) then you are better off moving especially if your job situation is not to your liking. Alternatively, if your job situation is good or if your PD is early you might wait.
It also depends on how risk averse you are as a person.
Overall, AC 21 was passed for a reason, it might cause a little stress especially if your 140 is withdrawn or if your sponsoring employer was a 140 mill but you are likely to come out trumps if you take the chance and fight it with the correct evidence and legal advise. And as someone mentioned, if you are turned away from the USA, the skills, contacts, and capital you earned here is likely to serve you in good stead wherever you end up and the world is much larger than any one country, opportunities likewise exist everywhere.

Last edited by alterego; 12-27-2007 at 10:57 PM.
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  #8 (permalink)  
Old 12-28-2007, 01:03 AM
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Default can H1-b be reinstated again?

i have a question. my h1 will be expiring in a month and this is my sixth and last year. the question now is that if i choose to go on EAD lets say for a complete year or two, (my 7th & 8th year of working) can it then be possible to apply for H1 again after end of the 8th year? any suggestion will be appreciated...
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  #9 (permalink)  
Old 12-28-2007, 01:34 AM
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Jan-02
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Default

Quote:
Originally Posted by venky08 View Post
i have a question. my h1 will be expiring in a month and this is my sixth and last year. the question now is that if i choose to go on EAD lets say for a complete year or two, (my 7th & 8th year of working) can it then be possible to apply for H1 again after end of the 8th year? any suggestion will be appreciated...
It is tricky. No one can give clear advise, how this works. Once you completed 6 years of H1 and not exteneded based on your 140/485 pending, you loose H1 status. Automatically you will become AOS after 6 years, if 485 is pending. As you mentioned, after couple of years, if you want to go back to H1, you will be considered as new H1 and you may fall in new fresh 6 year H1 quota. It is not considered as extension. If want to extend, you have to be in same (H1) status. I do not know how one year outside country stay will work in this case.

Interestingly, however, you can stop H1B clock before the end of initial 6 year H1B period, by using EAD. If you do so, you can resume the clock whenever you want to use H1B to consume remaining period in H1B. In this, case you will not be considered as fresh H1B. I did the same. I stopped my H1B at 5th year by using EAD. I had about 1 year left on my H1B. I did not had a situation to go back again to H1B.
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  #10 (permalink)  
Old 12-28-2007, 02:28 AM
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Ramba, thanks for the information. this clears a lot of doubts...

i guess it is wise to get an extension on H1-B in that case especially when you are sticking to the same employer...

Quote:
Originally Posted by Ramba View Post
It is tricky. No one can give clear advise, how this works. Once you completed 6 years of H1 and not exteneded based on your 140/485 pending, you loose H1 status. Automatically you will become AOS after 6 years, if 485 is pending. As you mentioned, after couple of years, if you want to go back to H1, you will be considered as new H1 and you may fall in new fresh 6 year H1 quota. It is not considered as extension. If want to extend, you have to be in same (H1) status. I do not know how one year outside country stay will work in this case.

Interestingly, however, you can stop H1B clock before the end of initial 6 year H1B period, by using EAD. If you do so, you can resume the clock whenever you want to use H1B to consume remaining period in H1B. In this, case you will not be considered as fresh H1B. I did the same. I stopped my H1B at 5th year by using EAD. I had about 1 year left on my H1B. I did not had a situation to go back again to H1B.
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  #11 (permalink)  
Old 12-28-2007, 03:24 AM
Senior Member
Priority Date
:
Oct-06
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India
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According to a recent USCIS memo, h1 extensions beyond 6 years are possible even if you are not maintaining H1B status or not in the country as long as u meet all h1 extension requirements
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  #12 (permalink)  
Old 12-28-2007, 12:22 PM
Senior Member
Priority Date
:
Dec-04
Category
:
EB2
I140 Mailed Date
:
05/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: Jul 2007
Posts: 274
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Red face

Quote:
Originally Posted by alterego View Post
Life is about taking calculated risks.
Like someone said above, if you did everything right (as far as you know) and yet some hair splitting USCIS officer nitpicks and finds something and rejects you, then that is just plain bad luck. Planning for that is like planning for the possibility that a bus hits you and borders on paranoid, no-one can succeed in life living that way wherever you end up.

That said, if the time you are likely to end up on EAD is very long (as it would be for anyone from India with a PD later than early 2004) then you are better off moving especially if your job situation is not to your liking. Alternatively, if your job situation is good or if your PD is early you might wait.
It also depends on how risk averse you are as a person.
Overall, AC 21 was passed for a reason, it might cause a little stress especially if your 140 is withdrawn or if your sponsoring employer was a 140 mill but you are likely to come out trumps if you take the chance and fight it with the correct evidence and legal advise. And as someone mentioned, if you are turned away from the USA, the skills, contacts, and capital you earned here is likely to serve you in good stead wherever you end up and the world is much larger than any one country, opportunities likewise exist everywhere.
When you had your education, worked here for 4-5 years, you will try to settle here. Everyone is planning to stay here, though we always have an option to go back to our home country, we still try very hard to stay here. Everyone had their own reasons. For some unfortunate people, things always wouldn't work out the way they wanted to be... I am one among them. I was out of status for almost an year. I didn't actually thought about it, as I was so oblivious about the out of status situation. I have a permanent offer, so I am still not sure what should happen at this stage. Surely, I would get more money, but I want to find out if it is worth taking a risk.
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  #13 (permalink)  
Old 12-28-2007, 12:36 PM
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Priority Date
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01/01/1900
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Default

goes back to your propensity for risk or aversion to risk.

If a person is risk averse, they will try and talk themselves out of any decision that involves risk. that could be buying a home, investing in 401k or changing jobs using ac21 and ead.

by law, the person invoking ac21 has done everything legally required....if his 485 is rejected, he knows he is responsible for it..but he took the risk cos he could and for him it was worth it.

For you with a dec 2004 eb2, it might not be worth it....depending on how many visas are used up in the first 3 quarters.
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  #14 (permalink)  
Old 12-28-2007, 01:05 PM
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I140 Mailed Date
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04/14/2006
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Default How to check FP and FBI Name check?

Hi,

I-140 approved - June 2006
I-485 Filed in July 2007
AP- Approved Oct 2007
FP - Done in Oct 2007
Can someone tell me how to check whether Finger Printing is cleared and case has been sent/approved from FBI Name Check
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  #15 (permalink)  
Old 12-28-2007, 01:16 PM
Senior Member
Priority Date
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Jan-02
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Quote:
Originally Posted by ramaonline View Post
According to a recent USCIS memo, h1 extensions beyond 6 years are possible even if you are not maintaining H1B status or not in the country as long as u meet all h1 extension requirements
I dont think so. The recent memo decoupled only H1 & H4 status, not for any other status. If you are in H4, then those period will not count for changing or extending H1. However, if you are in J1,L1,F1or AOS and you already completed 6 years in H1, there is no specific memo for this status to extending H1.

Once, you use EAD it is one way route. Not may has done that from AOS to H1 status. It is tricky to go back to immigrant intent status (AOS) to non-immigrant status.
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