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GCKarma,
You can extend your H-1B up to three years, but if you use your EAD card at some point, your H-1B is void. However, you can always recaputure your H-1B time later if needed (and if counted within the last 6 years unless left the U.S. for one year) and will be eligible for your extensions later.

^^^ bump ^^^

Thanks for your thoughts. Unfortunately the marriage was the basis of my green card and I was divorced before being married for two years and, therefore, before applying jointly with my (ex-)husband for the conditions on that card to be removed.

The link you sent was helpful for people in my situation, however. For the information of others who may be in this situation, this part applies:

"Divorce Before Green Card Issued

Conditional permanent residence means that the permanent residence can be terminated if it is determined that the marriage was a sham. The marriage is considered a sham when the spouses marry only for the green card. The marriage is not a sham if the spouses married for any other reason and the marriage took place within two years before the immigrant was given a green card. Before the two-year anniversary of permanent residence being given to the immigrant, both the immigrant and spouse must file a joint petition to remove the conditions.

However, if the immigrant spouse is divorcing the U.S. citizen spouse, then the relationship may have deteriorated to a point where the U.S. citizen spouse does not agree to file the joint petition to remove the conditions. This is when a divorce involving a green card causes the most problems. The immigrant spouse must then file for a waiver from the joint petition rule.

If the divorce is finalized before the green card is issued, the immigrant spouse cannot get a green card based on the marriage. This is because the divorce terminated the conditional permanent residence.

But, the immigrant can also get a waiver of this termination. A waiver of the termination is granted if the marriage was in good faith and the immigrant was not at fault for failing to file the joint petition to remove the condition.
Applying for a Waiver

The immigrant spouse must prove grounds for the waiver. The following are grounds for a waiver of termination:

* Good faith marriage (if the divorce is finalized when you file for the waiver). A good faith marriage can be proved by showing that the couple had a child and that the couple owned property. You will also need to file a copy of the final divorce decree.
* Extreme hardship to the immigrant spouse if deported.
* Extreme cruelty and abuse from the U.S. citizen spouse.

Waivers often require an interview of the immigrant spouse to get approval."

Paper based filing on July 2nd 2008 (NSC)
Got filing receipt on July 19th 2008

Today I got the CRIS appproval email for my EAD application. However, the EAD application for my spouse still shows pending. We both filed together (paper filing). Is this normal, has someone seen this type of situation before? Do I need to contact USCIS to remind them about the other EAD application?

Just to let you know guys ... I got a CRIS email 10 minutes back ... informing that my wife's EAD is also approved. This is a good news because our priority date will be current from tomorrow. However, I don't know we will get the EAD for one year or two year. I guess we will just wait for the cards arrival. Thanks to all the people who responded to my question.

good one!!!

Fastest way in NIW or Investor quota(1 mil $$)
GCCovet.

There is no Dead zone as such. They accepted all the applications received from July 2nd to Aug 17th. They have taken back the notice that they issued on July 2nd. So, they should accept all applications received in between the above period.

they withdrew it a couple of days or so later. So everyone that already had sent their applications was fine.

I am collecting all the documents and I will do premium processing but would like to get clarification regarding the rule.

I heard that " Labour should be filed 365 days before, whether approved or not" and that will automatically allow you to have 1 year extension.

Is this correct?

-M

I received FP notice today towards I485, not sure what for :confused:

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This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.
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Yes you are correct.

I have noticed fast I-140 processing during last four months, so there is truth to this statement. As always website updates usually lag. We should give USCIS credit where its due.

Good work USCIS, hopefully this same level of service will be available to other
steps of legal immigration in near future

This is the new thread to mention your rejection reasons.

Please mention following:

Rejection date: 09/21/07
Reason: Other reasons (Not mentioned in data base system - More info with rejection letter and package)
Package received date: Waiting

eberth, did you do the bed?

I wasn't aware of that. Thanks for the clarification.

a large number of thsoe "extra" GC were schedule A recaptures and did not affect most applicants. so really it was by profession not by country.

I would say you have to mention it during the interview if asked. Discuss with your attorney.

I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.

See this Q&A from Mathew Oh:

# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?

A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)

Also, my understanding is that: AC 21 need not be "INVOKED". Its "AUTOMATIC"...its a law, in place. I have seen so many threads here using the wrong terminology when it comes to AC 21. It is absolutely not necessary to (so called) "invoke" AC21. When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do. AC21 is automatically take care of.

Just my 1 cent :D

*Disclaimer*
I am not an attorney. Please take advice from an attorney. :cool:

You mean AR11 would take care of AC21? I am confused the AR11 is for change of address? How would it work if one's residential address is still the same but employer has changed...do you still file AR11 and you are covered under AC21?

you should be lucky enough to get in 15 days :) my son's PIO took 5 weeks...

when is this thing going in completed battles? Just wondering...Poll closed and moved to completed battles..

congrats everyone, nice work. ;)

My lawyer also confirmed that a person on H1 can use AP for travel and can continue to work for the same employer with H1 and has to extend the H1 to come back to H1 status and to continue to work on H1.


I had asked Ron Gotcher on his forum the same question.....below is what he had to say obout it.......

You should be ok......just keep renewing your documents.

Entered on AP,valid H1B,do I need to get I-94 extented - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/adjustment-of-status/6412-entered-on-ap-valid-h1b-do-i-need-to-get-i-94-extented.html)


Re: Entered on AP,valid H1B,do I need to get I-94 extented

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Don't worry about an advance parole I-94 expiring. There is no penalty if you overstay beyond the period authorized on an advance parole I-94. I don't know why they put an end date on those. There is no way to extend them other than leaving the US and re-entering. More to the point, there can't do anything if your overstay.
__________________

I-140 is approved. H1-B 8th yr. is valid till march 2008.

Thanks.

You posted that at 2:42 AM, so technically it was already Saturday.

My EAD application has been pending more than 90 days.
Just called the USCIS office.
Look like the center it has been sent to is processing EAD's of date: May 03.
So my application is still 2.5 months away.

The agent tells me that I can get an interim EAD, by scheduling an appointment using InfoPass: http://infopass.uscis.gov/index.php

Just posting this since, I had earlier asked about the 90 day rule for EAD's(if you do not get within 90 days, you can get from local office) and everyone told me that .. this rule was dead and buried.
Looks like it isn't :)

Did you get your FP?
I went to local office(Detroit, MI), and they said that they no more issue interim EADs. Also, they said that we should have got our FP notice before approaching them for EAD.