chanduv23
01-09 07:31 AM
^^^^^^^^^^^^^
sieger007
05-27 02:07 AM
Hi krishnam
I too have got I140 Approved already in Sept 05.
My concept was that once I140 is approved you are free. Employer cannot do anything.
After 140 approval can employer do anything to jeopardize the GC Process.
Anyway
2005 140 is approved.
2007 I left employer to work in non US Location. ( No US Income )
Was in good terms with him though.
2008- Re-joined him. and filed 485 in EB2. Its is pending .I got AP and EAD Already
Now I dont know what to do . I was expecting my GC in 1 years time. Now EB2 has retrogressed vey badly. I dont know what do do.
Currently I am back on my Prev. Employers H1 since 2008 . I have EAD and AP in hand. If I leave him and get a full time job ( which is preferred ) implicty invoking AC21 can he mess up my GC ?
Can you throw some light about how this works ?
Basically MY BIG PROBLEM is I might have to fight divorce case in India. So I want to plan something so I DON'T loose my job prospects in US ( I am overqualified for most jobs in my niche - Masters from US , and about 30+ Prof Certifications ) so getting it wont be problematic if laws remains same. If laws change to force shutdown of all H1b contracting , then I have NO Choice but roll over to a FT job invoking AC21.
PLEASE KINDLY ADVISE ME
Thanks
Sam
I too have got I140 Approved already in Sept 05.
My concept was that once I140 is approved you are free. Employer cannot do anything.
After 140 approval can employer do anything to jeopardize the GC Process.
Anyway
2005 140 is approved.
2007 I left employer to work in non US Location. ( No US Income )
Was in good terms with him though.
2008- Re-joined him. and filed 485 in EB2. Its is pending .I got AP and EAD Already
Now I dont know what to do . I was expecting my GC in 1 years time. Now EB2 has retrogressed vey badly. I dont know what do do.
Currently I am back on my Prev. Employers H1 since 2008 . I have EAD and AP in hand. If I leave him and get a full time job ( which is preferred ) implicty invoking AC21 can he mess up my GC ?
Can you throw some light about how this works ?
Basically MY BIG PROBLEM is I might have to fight divorce case in India. So I want to plan something so I DON'T loose my job prospects in US ( I am overqualified for most jobs in my niche - Masters from US , and about 30+ Prof Certifications ) so getting it wont be problematic if laws remains same. If laws change to force shutdown of all H1b contracting , then I have NO Choice but roll over to a FT job invoking AC21.
PLEASE KINDLY ADVISE ME
Thanks
Sam
Ann Ruben
02-23 10:58 PM
There are basically three options in your wife's case: Do nothing, file MTR, or travel abroad to obtain visa. It is not possible to evaluate these options without knowing the basis for the denial. Knowing whether or not your wife has a pending AOS along with a valid AP is also essential for making any recommendation about how to proceed.
shishya
04-30 12:59 PM
Just ask your parents to talk to a lawyer in India. Obtain two separate notarized affidavits from each parent. Hope you have the format. Give it your lawyer and tell him/her that they are the sworn affidavits. Be sure to mention in the affidavits that since there was no requirement of a birth certificate 'for my son/daughter' we never obtained one from the authorities earlier. Hence the new extract just for the purpose of filing immigration petition.
I think your lawyer is just complicating the situation - ?inexperience / jitteriness? When I had to get my BC I had to make my dad travel places on 12 hour trips. It is sad that we have make them run around in their old age. Plus the USCIS is stupid not to accept the date of birth as in the passport. Life is not easy when there are whole lot of dumba&&es around us. Just my opinion.
Thanks for your reply. But we are trying to avoid any RFEs whatsoever. And per our lawyers the manual does require a first class magistrate swearing :(
I think your lawyer is just complicating the situation - ?inexperience / jitteriness? When I had to get my BC I had to make my dad travel places on 12 hour trips. It is sad that we have make them run around in their old age. Plus the USCIS is stupid not to accept the date of birth as in the passport. Life is not easy when there are whole lot of dumba&&es around us. Just my opinion.
Thanks for your reply. But we are trying to avoid any RFEs whatsoever. And per our lawyers the manual does require a first class magistrate swearing :(
more...
INSpector
08-13 11:46 AM
Respectfully, I domnt think the info is right...
flyingninja
11-02 11:12 AM
In my instance I have been working with my current employer for past 5 years and this is 2nd H1B renewal with the same employer. It is sad that they have such a policy which discourages jobs in consulting sector.
more...
BharatPremi
07-10 01:01 AM
Hope "Flower Campaign" will not irritate USCIS and backfire on us, to tough the immigration process.
This is a classic example of impotent mind. If you fear to send flowers then you do not deserve even permanent residency of the country where you born:eek:
This is a classic example of impotent mind. If you fear to send flowers then you do not deserve even permanent residency of the country where you born:eek:
aruny5
10-26 01:01 PM
My wife was on H4 earlier and then she coverted her visa into F1 (student). She got I 20 form from school with her, But She doesn't have F1 stamp on her Indian Passport. She got 2 hour halt in Paris.
Does she need French transit visa ??
Does she need French transit visa ??
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willwin
07-10 09:21 AM
I got my PWD today!!
Filed on 5th Jan and received today.
Next, the LC waiting period starts!!
My LC was approved on 07/07/2010.
On to I140+485 stage next.
Filed on 5th Jan and received today.
Next, the LC waiting period starts!!
My LC was approved on 07/07/2010.
On to I140+485 stage next.
mvinayam
08-12 11:07 PM
On 2nd July, what time was your i-485 application received at NSC?
Hi,
My application reached NSC on july 2nd 10.25 am & the LUD on my I-140 was changed on July 28th still no receipt notice or the cheque got cashed. No idea whatz going????
So I guess the LUD change is nothing relevant to I-485 filing.
Thanks & Regds
MV
Hi,
My application reached NSC on july 2nd 10.25 am & the LUD on my I-140 was changed on July 28th still no receipt notice or the cheque got cashed. No idea whatz going????
So I guess the LUD change is nothing relevant to I-485 filing.
Thanks & Regds
MV
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GCBy3000
12-09 10:14 AM
If they do this retroactively, I hope they retro to 500 years back. Everyone from the congress and the president should deport their ass from where their ancestor's came from.
Its not just any Mark Krikorian, its our beloved 'bigot/racist Mark' - please make sure you always use that prefix or he will be very upset. He's already pissed that anytime the CIS' news releases are picked up by the newspapers/TV, they apparently describe CIS as merely an organization that wants 'stricter immigration' and deliberately leave out their illustrious founding by a courageous racist John Tanton. So - in confusion, ladys, jellyspoons , julia preston, nytimes et all - don't piss off our CIS ppl or they will deport your ass to wherever it came from! And don't think just because you were born here that you are safe cos there's a bill in the works that strips birthright citizenship retroactively!
Its not just any Mark Krikorian, its our beloved 'bigot/racist Mark' - please make sure you always use that prefix or he will be very upset. He's already pissed that anytime the CIS' news releases are picked up by the newspapers/TV, they apparently describe CIS as merely an organization that wants 'stricter immigration' and deliberately leave out their illustrious founding by a courageous racist John Tanton. So - in confusion, ladys, jellyspoons , julia preston, nytimes et all - don't piss off our CIS ppl or they will deport your ass to wherever it came from! And don't think just because you were born here that you are safe cos there's a bill in the works that strips birthright citizenship retroactively!
javadeveloper
07-27 03:13 PM
My attorney tells me they don't give employees copies of labor applications.
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
You don't need it If you stick to your employer till you get you GC.If you want to switch to other employer after 180 days of RD(Using AC21) , then you need to know the the position/title of your Labor (It's written on the Labor Certification) , because you have to accept a job with the same position/title with the new employer.Correct me if I am wrong.
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
You don't need it If you stick to your employer till you get you GC.If you want to switch to other employer after 180 days of RD(Using AC21) , then you need to know the the position/title of your Labor (It's written on the Labor Certification) , because you have to accept a job with the same position/title with the new employer.Correct me if I am wrong.
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everonh1
07-22 12:32 PM
What is the basis for applying an interim EAD??
Can anyone who has not received EAD apply after 90 days without any specific reason to be stated??
Can anyone who has not received EAD apply after 90 days without any specific reason to be stated??
mkrisa
08-11 10:16 AM
[QUOTE=sush;136161]EAD is based on pending I-485 and for filing 485, you just need 140 received. So you are OK. My uunderstanding is you can also use AC21 portability after 180 days to change employers as long as your employer doesn't revoke your I-140. So there is that risk with I-140 not approved.
If I continue to be on my H-1B status after filing for I-140,I-485, EAD and I-131 concurrently, can my spouse who is currently on a H-4 Visa opt for her EAD after 90 days of filing these forms? If the answer to that question is an yes, is there any limitation in the kind of jobs she can do?
Also, what happens to her status if the I-140 application or I-485 application gets declined? Can she jump back to H-4 or does it require her to go to her home country for re-stamping? Do you see any potential issues in having her H4 visa re-stampped as she initiallay came to this country as a dependent and then later she used her EAD to work in USA.
If I continue to be on my H-1B status after filing for I-140,I-485, EAD and I-131 concurrently, can my spouse who is currently on a H-4 Visa opt for her EAD after 90 days of filing these forms? If the answer to that question is an yes, is there any limitation in the kind of jobs she can do?
Also, what happens to her status if the I-140 application or I-485 application gets declined? Can she jump back to H-4 or does it require her to go to her home country for re-stamping? Do you see any potential issues in having her H4 visa re-stampped as she initiallay came to this country as a dependent and then later she used her EAD to work in USA.
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VisaHelp
07-26 09:21 AM
Sounds good, but I didn't apply for an extension. Do you think that makes a difference? I applied to TRANSFER my H1 from company A to company B. While waiting for the transfer my H1 expired. First of all, I didn't think I could apply for an extension while waiting for the transfer. But, even more importantly, I was told by my lawyers that I am not eligible for an extension because I applied for a green card through family, not employer.
I faced a similar situation during my first L1B extension. My L1 extension was filed, but not approved while my L1 visa expired. Per my (then) attorneys advice - it isn't an issue if the application to extend has been applied for. You can be out of status for upto 180 days in such situations. Only issue is if the extension is rejected during this period.
In the future, the receipt for having filed for extension before Visa expiry and/or Received Date on I-797 Notice of Action (approval) can be used as proof. Of course, travelling out of the country and back on a new visa removes the stigma of having been "out of status"
RFE is okay, but rejection is NOT! Do answer it (RFE) in time. Rejection can put you in trouble. Also if the period extends beyond 180 days due to RFE you will be in trouble ( I really doubt it happening but you never know)
I faced a similar situation during my first L1B extension. My L1 extension was filed, but not approved while my L1 visa expired. Per my (then) attorneys advice - it isn't an issue if the application to extend has been applied for. You can be out of status for upto 180 days in such situations. Only issue is if the extension is rejected during this period.
In the future, the receipt for having filed for extension before Visa expiry and/or Received Date on I-797 Notice of Action (approval) can be used as proof. Of course, travelling out of the country and back on a new visa removes the stigma of having been "out of status"
RFE is okay, but rejection is NOT! Do answer it (RFE) in time. Rejection can put you in trouble. Also if the period extends beyond 180 days due to RFE you will be in trouble ( I really doubt it happening but you never know)
mambarg
08-13 02:32 PM
It is important to see July 3rd receipt dates which confirms the time and applications required to completed July 2nd apps and is the important statistics for rest of the dates.
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ameryki
08-12 12:34 PM
Efiled for my wife May 17th to NSC got LIN number. No update so far. Next week will be 90 days.
gchope2k6
04-27 12:42 PM
Hi all,
I took today an Infopass to ask about the status of my I-485 (EB3 ROW, filled in July 2007, PD 12/2005). The IO told me that the case is pre-adjudicated under review and that, since there are no visa numbers available, the case will resume normal processing in October 2009 and that there is no reason to ask about the status anymore until that time. Can anybody explain what "pre-adjudicated under review" means ?
Thank you !
I took today an Infopass to ask about the status of my I-485 (EB3 ROW, filled in July 2007, PD 12/2005). The IO told me that the case is pre-adjudicated under review and that, since there are no visa numbers available, the case will resume normal processing in October 2009 and that there is no reason to ask about the status anymore until that time. Can anybody explain what "pre-adjudicated under review" means ?
Thank you !
gcnirvana
06-18 05:06 PM
Here is my situation:
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
Yes It applies to new employer as well.
Here is my timeline
on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4
EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
Yes It applies to new employer as well.
Here is my timeline
on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4
EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.
sac-r-ten
04-23 10:53 PM
your case is different than others on this thread. while other have expiring passport yours is a mistake by USCIS.
read this thread started by me.
http://immigrationvoice.org/forum/showthread.php?t=23528
Same situation...applied for extension...got approval but the new I-94 date is not when my Old I-94 (expiring in june 2009 due to passport expiry I have a visa till October 2009) is expiring but I got the dates according to my Old I-797 expiry(October 2009). All my H1B extension forms says that I need an approval from June but they gave me from October. What should I do :confused:? My attorney said that its USCIS mistake so you should not worry about it and that are trying to correct it. Can some one please tell me how to approach this and how long it will take before I can get a correct approval. Any help on this is greatly appreciated. Thanks in advance.
MSR
read this thread started by me.
http://immigrationvoice.org/forum/showthread.php?t=23528
Same situation...applied for extension...got approval but the new I-94 date is not when my Old I-94 (expiring in june 2009 due to passport expiry I have a visa till October 2009) is expiring but I got the dates according to my Old I-797 expiry(October 2009). All my H1B extension forms says that I need an approval from June but they gave me from October. What should I do :confused:? My attorney said that its USCIS mistake so you should not worry about it and that are trying to correct it. Can some one please tell me how to approach this and how long it will take before I can get a correct approval. Any help on this is greatly appreciated. Thanks in advance.
MSR
pappu
05-24 10:18 AM
all new members, pls bring in more people like us to this forum.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=30&Itemid=36
has an email format that you can forward to your friends. Lets increase the presence on this forum.
we only have about 4k members. However people on H1B visas every year are 65+K and retrogression affected people are more than 300K. Thus we have lot of scope for bringing more members. Remember, more numbers would also mean more weight for IV when talking to lawmakers.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=30&Itemid=36
has an email format that you can forward to your friends. Lets increase the presence on this forum.
we only have about 4k members. However people on H1B visas every year are 65+K and retrogression affected people are more than 300K. Thus we have lot of scope for bringing more members. Remember, more numbers would also mean more weight for IV when talking to lawmakers.
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