JunRN
10-01 03:16 PM
Pls excse my noob-ness, i have read all the pages of this thread but cudnt find a precise answer.
I am in the Rn program, and wud be graduating in may08, hopefylly pass nclex and start OPT by june08. i can then start with my visa screen, and I140 as these are not retrogressed, but if retrogression continues and i am not able to file I485, do i still get an EAD. my guess is 'not' but just trying to confirm as i wud have to plan to continue with studies after 1 yr of OPT.
and btw thanks for tons of usefull info!
There is no such thing as retrogression for I-140. Any employer can file I-140for you anytime.
For nurses, we are Labor Certification exempt, meaning we don't have to go through this long process. Our LC process is very short, only 40 days and need not be sent to DOL. What I would suggest is that you start looking for sponsor once you're on OPT so that you can establish early priority date by filing I-140 asap.
PD is the date you file I-140. Once your PD is current as per Department of State Visa Bulletin, then you can apply for Adjustment of Status (i-485). EAD (I-765) can accompany that AOS application.
So, the answer to your question is NO. You cannot apply for EAD if you're applying for I-140 only. To file for EAD, it must be accompanied by I-485.
You get 1-yr EAD though once you do your OPT and hope before it expires, your PD becomes current and you can apply for EAD based on pending I-485.
I am in the Rn program, and wud be graduating in may08, hopefylly pass nclex and start OPT by june08. i can then start with my visa screen, and I140 as these are not retrogressed, but if retrogression continues and i am not able to file I485, do i still get an EAD. my guess is 'not' but just trying to confirm as i wud have to plan to continue with studies after 1 yr of OPT.
and btw thanks for tons of usefull info!
There is no such thing as retrogression for I-140. Any employer can file I-140for you anytime.
For nurses, we are Labor Certification exempt, meaning we don't have to go through this long process. Our LC process is very short, only 40 days and need not be sent to DOL. What I would suggest is that you start looking for sponsor once you're on OPT so that you can establish early priority date by filing I-140 asap.
PD is the date you file I-140. Once your PD is current as per Department of State Visa Bulletin, then you can apply for Adjustment of Status (i-485). EAD (I-765) can accompany that AOS application.
So, the answer to your question is NO. You cannot apply for EAD if you're applying for I-140 only. To file for EAD, it must be accompanied by I-485.
You get 1-yr EAD though once you do your OPT and hope before it expires, your PD becomes current and you can apply for EAD based on pending I-485.
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venkat_gc
09-11 08:49 PM
Contributed 100$ thru paypal.
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guy03062
07-05 01:21 PM
my congressman and senetors.
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avis
01-05 11:46 AM
My PD is Dec 2002. Still waiting for the 45 day letter.
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waiting_gc
09-11 09:35 PM
Just made a one time contribution of $100. Will contribute more in future.
Order Details - Sep 11, 2007 7:48 PM MDT
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I would love to attend the rally, but will not be able to do so due to family situation.
Order Details - Sep 11, 2007 7:48 PM MDT
Google Order #636782625897168
I would love to attend the rally, but will not be able to do so due to family situation.
gc28262
03-04 12:58 PM
See the link
http://www.immigration-information.com/forums/showthread.php?t=7065
http://www.immigration-information.com/forums/showthread.php?t=7065
more...
ronhira
07-06 02:27 AM
lahiribaba - you are my hero. this is the best idea yaar :D
good thought
but that's what i just said, you just repeated whatever i said. is that how you define change? my question to you - bawa is - WWBD - what would bawa do?
good thought
but that's what i just said, you just repeated whatever i said. is that how you define change? my question to you - bawa is - WWBD - what would bawa do?
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Chiwere
12-21 03:19 PM
Sure, he will face lot of difficulties, if his employer failed to file for H1 amendment when his job profile/responsibilities changed. There is a procedure in place whenever for cases when job profile changes. My job profile was changed, but my employer filed for both H1 amendment and new I-140 to reflect new job duties.
When new I-140 is filed in such cases, beneficiary retains his/her priority date.
Good Luck with your GC.
______________________________________
Proud Indian-American and Legal Immigrant
desi3933,
Most likely your employer needed to file a new labor as well when your profile changed, right?
Thanks
When new I-140 is filed in such cases, beneficiary retains his/her priority date.
Good Luck with your GC.
______________________________________
Proud Indian-American and Legal Immigrant
desi3933,
Most likely your employer needed to file a new labor as well when your profile changed, right?
Thanks
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Libra
09-10 04:56 PM
thank you, 21k more....com' on we can do this.
Contributed $100 via Google checkout.
Contributed $100 via Google checkout.
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vayumahesh
11-05 11:57 AM
It has been 15 days after applying I-140 under premium processing and still waiting for approval.
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chanduv23
06-13 03:32 PM
Come on folks - please donate generously to IV
Our donations go long way towards lobbying efforts
Our donations go long way towards lobbying efforts
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Libra
09-10 05:11 PM
thanks ssprof
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Libra
09-12 11:10 AM
thank you sameold and sukhwindered for your contributions, hope to see you guys in DC.
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centaur
07-20 05:42 PM
Correct me if I am wrong, ---but I thought that "This Ammendment" was attached to a defence bill. I dont think that it was the ammendment that was shot down, but the whole defence bill.
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Blessing&Lifeisbeautiful
08-03 09:08 PM
guys,
any updates on the bridge bill for schedule A Nurses.
Heard that it is proposed and not passed till today. Any future predictions. The healthcare shortage is critical.
any updates on the bridge bill for schedule A Nurses.
any updates on the bridge bill for schedule A Nurses.
Heard that it is proposed and not passed till today. Any future predictions. The healthcare shortage is critical.
any updates on the bridge bill for schedule A Nurses.
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wandmaker
05-24 01:44 PM
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GCScrewed
08-16 09:21 AM
This just dawned on me. They are supposed to following the current law of per country limit first before distributing it. But how come all the EB3 countries are not available while they are distributing "extra" visas to overscribed countries? Countries like Iceland should always be current as they do not have a lot of EB immigrants. So you would excpect that at least some countries still have EB3 visas. However, it is not the case.
The purpose is to demonstrate that they do not have a process to follow the law. They screwed up before and they are screwing up again now. There have been other facts about their mismanagement that can be used to make the case. Therefore, they should compensate people who have been here patiently waiting with good faith... one way is to speed up processing cases pending for more than 5 years.
The purpose is to demonstrate that they do not have a process to follow the law. They screwed up before and they are screwing up again now. There have been other facts about their mismanagement that can be used to make the case. Therefore, they should compensate people who have been here patiently waiting with good faith... one way is to speed up processing cases pending for more than 5 years.
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gonecrazyonh4
04-25 12:54 PM
Maybe highly intelligent people make irrational decisions.:)
Many of the H1B's are so involved in their work , they really donot follow their green card procedure and pressure their employers for better deal on filing their papers even when they have the chance.
New H1B's coming into the country should be given some guidance on the permanent residency process so that they donot end up like many of us in the forum waiting for years to get their residency.
Many of the H1B's are so involved in their work , they really donot follow their green card procedure and pressure their employers for better deal on filing their papers even when they have the chance.
New H1B's coming into the country should be given some guidance on the permanent residency process so that they donot end up like many of us in the forum waiting for years to get their residency.
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Libra
09-12 01:39 PM
thank you EAD, hope you can make it to DC rally too.
akred
03-30 06:17 PM
Last I knew every H1 is a non-resident alien.
Well you knew wrong. As long as you stayed in the US for more than 183 days in 2007, you are a resident for tax purposes.
If you are falling short of the 183 day requirement, you can opt to fulfill the 183 day requirement by counting 1/2 of the days of the prior year (2006) or 1/3rd of the days of the year before that (2005) that you were physically present in the US.
Well you knew wrong. As long as you stayed in the US for more than 183 days in 2007, you are a resident for tax purposes.
If you are falling short of the 183 day requirement, you can opt to fulfill the 183 day requirement by counting 1/2 of the days of the prior year (2006) or 1/3rd of the days of the year before that (2005) that you were physically present in the US.
h14life
03-18 01:00 AM
Follow the link below and enter the questionnaire to see if you qualify or not:
http://www.irs.gov/app/espc/
FROM IRS SITE:
The Economic Stimulus Act of 2008, which authorized the pre-payment of this one-time credit, stipulates that the payment is not to be made to any of the following:
* Individuals who can be claimed as a dependent on someone else's tax return;
* Nonresident aliens; or
* Anyone who does not have a valid Social Security Number.
If you become eligible during 2008, you may be able to claim the credit on your Tax Year 2008 return, but you will not receive the advance payment this year, since that is based on your 2007 return.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Having said that, since we are non-resident aliens (i.e the ones without green card or US citizenship) will not get a stimulus package?
http://www.irs.gov/app/espc/
FROM IRS SITE:
The Economic Stimulus Act of 2008, which authorized the pre-payment of this one-time credit, stipulates that the payment is not to be made to any of the following:
* Individuals who can be claimed as a dependent on someone else's tax return;
* Nonresident aliens; or
* Anyone who does not have a valid Social Security Number.
If you become eligible during 2008, you may be able to claim the credit on your Tax Year 2008 return, but you will not receive the advance payment this year, since that is based on your 2007 return.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Having said that, since we are non-resident aliens (i.e the ones without green card or US citizenship) will not get a stimulus package?
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