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Work/Travel options after 485 : H1 Versus EAD/AP Work/Travel options after 485 : H1 Versus EAD/AP. Comparison between keeping H1 versus forfeiting H1 and using EAD/AP after 485 filing.

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  #16 (permalink)  
Old 09-27-2007, 04:50 PM
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Default name change

i filed the labor cartifiction on january 06 and the i-140 in july 06, my company changed the name, and we have a different tax ID, i got my EAD last week, my question is, can i get money from the company after they changed the name, and the name on the labor catification and the i-140 is different from the name now?
or i need to start a new process???
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  #17 (permalink)  
Old 09-27-2007, 04:56 PM
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Default yes 180 days

pending i485 for 180 days is the key to AC21

W9 - TIN form
http://www.irs.gov/pub/irs-pdf/fw9.pdf

I think what logiclife meant was W4 - Tax etc witholding form
http://www.irs.gov/pub/irs-pdf/fw4.pdf
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140/485/EAD/AP - Applied concurrently (Nebraska)

Aug 16, 2007 - RD, Oct 3, 2007 - ND (all case #s are LIN-08-00)
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i765 self and spouse - approved Nov 23
i131 self and spouse - lud Oct 9, Jan 30, Jan 31- doc mailed email Feb 4

i140 - lud Oct 4, Dec 18
i485 self and spouse - lud Oct 9, Nov 7, Dec 18
i765 self and spouse renewal e-file ND/RD -Jul 28 FP Aug 16 Cards recd Aug 28


Last edited by senk1s; 09-27-2007 at 05:30 PM.
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  #18 (permalink)  
Old 09-27-2007, 05:06 PM
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Default Safe option

Quote:
Originally Posted by maddunr View Post
@texanmom:[/b] Thank you very much for the info. When you say it is recommended to keep my H1B, do you mean with the same employer or did you mean a transfer of H1B to a new employer? I will have to leave my current employer (I am a direct hire H1B - not through consultant) in order to move to Boston.

Do I have to wait for 180 days before filing for AC21 portability? It seems like I do.. but I just wanted to confirm.
It is recommended that you continue with your current employer for 180 days, and then do a H1B transfer, so you can continue to maintain your H1B status. This is a safe option, esp in the event that your current employers revokes the I-140.

Leaving your current employer after 180 days automatically grants you continuance of your green card process under AC21 portability ....you do not have to "file" for AC21 portability specifically.
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  #19 (permalink)  
Old 09-27-2007, 05:53 PM
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maristella61 will become famous soon enough
Question confused

I have received my EAD and my I-140 has been approved.
I have receipt for I-485. My PD is March 2003. Will I now have to wait for my PD to be current again before I receiving GC ?
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  #20 (permalink)  
Old 09-27-2007, 06:00 PM
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Default

Quote:
Originally Posted by liorsal View Post
i filed the labor cartifiction on january 06 and the i-140 in july 06, my company changed the name, and we have a different tax ID, i got my EAD last week, my question is, can i get money from the company after they changed the name, and the name on the labor catification and the i-140 is different from the name now?
or i need to start a new process???

Your I-140 needs to be amended. Talk to your lawyer.
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  #21 (permalink)  
Old 09-27-2007, 06:02 PM
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Default

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Originally Posted by maddunr View Post
Thanks to all who've taken the time to answer my questions

@h_shaik: Nebraska Service Center

@texanmom:
Thank you very much for the info. When you say it is recommended to keep my H1B, do you mean with the same employer or did you mean a transfer of H1B to a new employer? I will have to leave my current employer (I am a direct hire H1B - not through consultant) in order to move to Boston.

Do I have to wait for 180 days before filing for AC21 portability? It seems like I do.. but I just wanted to confirm.

Thanks again to all who've replied,
-V
Yes, you have to wait till January. Just keep in mind that there are 200000+ people just like you waiting for January to switch jobs. Expect a little pandemonium in the job market and perhaps a drop in general wages for IT workers due to an over-supply of job seekers.
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  #22 (permalink)  
Old 09-27-2007, 06:12 PM
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snhn is infamous around these parts snhn is infamous around these parts snhn is infamous around these parts snhn is infamous around these parts snhn is infamous around these parts
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man what is that you do, that you get paid 120K plust bonus... where are you.
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  #23 (permalink)  
Old 09-27-2007, 06:24 PM
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Default i am state tx free state.

Quote:
Originally Posted by snhn View Post
man what is that you do, that you get paid 120K plust bonus... where are you.
i am state tax free state.
many of us waiting for GC to get $50 k increament. Yesterday I realize i am one of the poor guy among them.
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Employer is saying he didnt get I140 reciept notice.
I485 Receipt date 25 Jul 2007.
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EAD Approved on 27 Sep, 2007.
AP Aproved on 4th Oct 2007.

Last edited by sanjeev_2004; 09-27-2007 at 06:27 PM.
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  #24 (permalink)  
Old 09-27-2007, 06:26 PM
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Default related

Quote:
Originally Posted by gdhiren View Post
YES, she will lose H4 as soon as she starts working on EAD. She has to use AP to reenter USA.


You can still maintain your H1B. She can apply for SSN based on approved EAD.
Original poster, sorry for the continued hijacking of your thread, but looks like you have found the answer to your question.

Now, something that took me by surprise today: my wife and I received our EADs. Neither of us have the intent of using it anytime very soon. Our driver's license is up for renewal. Here comes the surprise: I can renew mine, but my wife cannot renew hers until she applies for an SSN... even if she does not intend to start work for about 2 months. Incredible it was, but we decided to do it, and she applied for her SSN. Now, has her status changed already from H4 to AOS Pending? I would think not, because she is still not working using her EAD (and I am still on my H1B). Any thoughts?
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  #25 (permalink)  
Old 09-27-2007, 06:39 PM
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Default what is relation between driver's License and Using EAD

Quote:
Originally Posted by abhijitp View Post
Original poster, sorry for the continued hijacking of your thread, but looks like you have found the answer to your question.

Now, something that took me by surprise today: my wife and I received our EADs. Neither of us have the intent of using it anytime very soon. Our driver's license is up for renewal. Here comes the surprise: I can renew mine, but my wife cannot renew hers until she applies for an SSN... even if she does not intend to start work for about 2 months. Incredible it was, but we decided to do it, and she applied for her SSN. Now, has her status changed already from H4 to AOS Pending? I would think not, because she is still not working using her EAD (and I am still on my H1B). Any thoughts?
what is relation between driver's License and Using EAD? Can you explain little bit more?
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  #26 (permalink)  
Old 09-27-2007, 06:52 PM
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Default Ssn

Quote:
Originally Posted by sanjeev_2004 View Post
what is relation between driver's License and Using EAD? Can you explain little bit more?
On the driver's license renewal/ application form (at least in CA), you must declare if you are eligible for an SSN. We were not sure if we should answer YES or NO (technically, my wife is ELIGIBLE as she now has an EAD) and asked the officer, who said she cannot accept her renewal application unless she provides an SSN. In other words, if you have been on H4 but now also have an EAD (and, of course, you do not pretend ignorance of the fact that you received an EAD in your mailbox) then you will have to first apply for SSN, then apply for a driver's license or for its renewal. At least, this is what we were told today.

The corollary to the question is: I believe simply applying for SSN does not change one's status from H4 to AOS pending, actually using the EAD to work for an employer does change status from H4 to AOS pending.

Another relevant issue: an H4-switched-to-EAD person would need the AP to re-enter the USA, assuming he/she wants to work using EAD after re-entering. If not, he/she can use a valid H4 at the port of entry and enter on the H4 status but in the process, lose his/her EAD benefit. On the other hand, if the primary applicant is on H1B and the spouse is on AOS pending status, and if their AOS gets rejected, then I think the spouse can go out, then come back into the US using the H4 petition, and thus be "in status".
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1) $300 between June 07- July 07, $50 monthly between Aug 2007 - June 2010
2) Flowers campaign, SJ rally, Youtube Video Campaign, Attended DC Rally & co-ordinated Airfare Sponsorships, Gathered and mailed over 300 letters in Admin Fix campaign
PD: Aug 2006. I-485: July, August 2007 @ TSC. I-485 approved on June 15, 2011

Last edited by abhijitp; 09-27-2007 at 06:54 PM.
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  #27 (permalink)  
Old 09-27-2007, 08:05 PM
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japs19 is on a distinguished road
Wink My Knowledge...

[quote=maddunr;174484]Hi,

1. Do I have to wait for 180 calendar days since my I-485 application before changing jobs?

Ans: The safest thing to do is wait for 180 days and then change employer. Although if you change employer right now then pray that you don't get 485 approval before those 180 days. If you do get it then theoretically you have to start working for the original petitioner employer. If you don't get in 180 days and get it after then you can take advantage of AC21 as long as you have a job with similar in nature and salary. Worst case, if you change employer and get 485 approval prior to 180 days, if you ever apply for citizenship and they dig out your records to see how you came to the country and become PR, they will figure it out that some employer sponsored your PR but you never started working for them after receiving an approval within 180 days, and that may cause some issues. So...and...why go to Boston bring your finance here in LA....

2. What will happen if I use my EAD to change jobs right now? How will it affect my GC process?

I think I answered this in first question.

3. If I wait for 180 days (i.e 'til Jan 2008) and then change jobs, should I use my EAD or get an H1 transfer?

Once you use EAD, you loose your H-1 status. And it is expected that if you are using your EAD (within 180 days of filing 485) you are working for none other then the actual petitioner employer.

Good Luck....
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  #28 (permalink)  
Old 09-27-2007, 08:18 PM
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liorsal is on a distinguished road
Default

Quote:
Originally Posted by kaisersose View Post
Your I-140 needs to be amended. Talk to your lawyer.
my lawyer told me that it's ok, but can u explain me what u mean?
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