siva007
04-02 05:25 PM
Thank you ingegarcia, Just to clarify "postmarked before April 15th" means, even if the application is not yet accepted, but received by the AINP before April 15th. Could you please confirm if my understanding is correct.
Thanks
Thanks
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larryking
10-23 07:30 PM
Deall All,
Thanks for your replies...i hope you gurus can shed some light into my situation:
labor(EB3) priority date 18 jan07.
I -140 has been approved june 25 2007.
I - 485 ucsis filing date july 19th 2007
EAD recvd Oct 16th 2007 valid till 3rd oct 2008
fingerprinting scheduled nov 7th 2007
H1 and H4 for me & my wife expires may 20th 2008
Here are my questions:
1. My present employer is under a divestiture process. Can i change employers as long as its a similar job? If so, do I apply for a H1 extension or should i work on EAD? (Note: I havent crossed the magical 180 days on the I-485 yet)
2. I have not received my advance parole docs yet but im planning on visiting india in april-may 2008. Assuming i get my AP can i visit India and return to the states and be working for a different employer (company B) other than the original employer (company A) who was my employer when i applied for my I-140, I485 etc?
3. Upon my return if the inspecting officer asks who the petitioner is/was do i tell them that, while i filed for the I-485 i was with company A but i am currently working for Company B? How do i handle this scenario?
4. If I do find another job, but not a "similar" job, then I'd have to file labor again right? If thats the case, will the current I-140 still hold good? Can I file for a second labor while working on EAD / AP? I guess my question really is: Can i file for another labor under EB2 to expedite my priority date? Then can i use my old I-140 which has been approved? What about the I-485? do i need to apply another one?
Thanks for your replies.
Thanks for your replies...i hope you gurus can shed some light into my situation:
labor(EB3) priority date 18 jan07.
I -140 has been approved june 25 2007.
I - 485 ucsis filing date july 19th 2007
EAD recvd Oct 16th 2007 valid till 3rd oct 2008
fingerprinting scheduled nov 7th 2007
H1 and H4 for me & my wife expires may 20th 2008
Here are my questions:
1. My present employer is under a divestiture process. Can i change employers as long as its a similar job? If so, do I apply for a H1 extension or should i work on EAD? (Note: I havent crossed the magical 180 days on the I-485 yet)
2. I have not received my advance parole docs yet but im planning on visiting india in april-may 2008. Assuming i get my AP can i visit India and return to the states and be working for a different employer (company B) other than the original employer (company A) who was my employer when i applied for my I-140, I485 etc?
3. Upon my return if the inspecting officer asks who the petitioner is/was do i tell them that, while i filed for the I-485 i was with company A but i am currently working for Company B? How do i handle this scenario?
4. If I do find another job, but not a "similar" job, then I'd have to file labor again right? If thats the case, will the current I-140 still hold good? Can I file for a second labor while working on EAD / AP? I guess my question really is: Can i file for another labor under EB2 to expedite my priority date? Then can i use my old I-140 which has been approved? What about the I-485? do i need to apply another one?
Thanks for your replies.
santb1975
01-28 09:46 PM
you are awesome
Tomorrow evening, can you rise to the occasion???
Tomorrow evening, can you rise to the occasion???
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ultimo
08-08 08:12 AM
i134 you can file :)
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rockets12345
10-30 12:36 AM
Please correct me if I am wrong i.e. I can continue working as I have already applied for my H1 extension and whatever the H1 extension response is based on that if it is approved I can stay on H1 else if extension denied for some reason then at that point I can move to EAD and file a new I-9 Form with my employer and continue my work.
Thanks
Thanks
mwin
08-14 02:49 PM
325 + 70 + 180 + 170 = 745
How did you come up with $745? I-485 application fees were $325 + $70 fee for biometrics. That makes it $395 per application or $790 for two applications. Maybe your lawyer gave you incorrect advice about the fees??
How did you come up with $745? I-485 application fees were $325 + $70 fee for biometrics. That makes it $395 per application or $790 for two applications. Maybe your lawyer gave you incorrect advice about the fees??
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bskrishna
06-04 05:46 PM
Slightly off topic. But do we need to send our original BC if we are sponsoring someone other than your parents. I am in the process of sponsoring my aunt and would like to know if i need to send my orginal BC. Sorry for going off topic.
If you meant birth certificate, i do not think so is a requirement..
If you meant birth certificate, i do not think so is a requirement..
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texanguy
06-10 12:40 PM
i think you are missing the point. this will put things in perspective, that current stupid and archaic practice of giving 1 year AP to India and China EB folks is outdated and that current delays are more to the tune of 10 + years. This will create awareness!!!
I support this !
I do not support this.
one, We simply do not want a temporary fix to our big genuine bureaucratic issue. and two, we are not alone, there are others who are filing/have filed labor/i140s and are waiting to file 485s.
also, it will mellow down our resolve to overcome this injustice.
money is really not the issue, as if they issue a 10 year EAD, they are definitely gonna make it that much more expensive, and USCIS cannot delay EAD APs, as that would make our case even stronger.
I support this !
I do not support this.
one, We simply do not want a temporary fix to our big genuine bureaucratic issue. and two, we are not alone, there are others who are filing/have filed labor/i140s and are waiting to file 485s.
also, it will mellow down our resolve to overcome this injustice.
money is really not the issue, as if they issue a 10 year EAD, they are definitely gonna make it that much more expensive, and USCIS cannot delay EAD APs, as that would make our case even stronger.
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EdenMN
04-17 04:57 PM
seems like it's against H1s and not pro immigration policies.
If so please delete this thread people may by mistake sign it for this petion
If so please delete this thread people may by mistake sign it for this petion
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USDream2Dust
07-21 07:37 AM
Thanks for the responses. I think I will call USCIS and inquire and just to be on the safe side will send in a G325A separately with a letter. Ofcourse, will try getting a response from my attorney's office too. Thanks again.
Also please the let us know what you find out after calling USCIS.
Also please the let us know what you find out after calling USCIS.
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Rakson
02-28 11:12 AM
Can anybody please help in answering below questions on my case? I really appreciate your help. This is urgent for me.
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
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krishnam70
02-22 09:40 PM
Hi Kris,
Can you please give the source from where you heard about this info? There are a lot of rumors being spread without any reason behind them. So this is important to find the source of the info before we get panic or make decision.
Thanks.
Amulchandra
I can assure you this is not a rumor and has happened recently in my colleague's team. I agree that this might cause lot of doubts in people's minds but I just wanted to share the info so that people don't get in to trouble. It is quite possible that this is a one off incident. People should share such information if it come's to their attention. This guy was told to return from POE
Regarding the rights of the IO at POE. I am not sure if it is within the right of the IO to decide in this case but I have read somewhere that the IO has the power to decide whom to allow or not according to the interpretation of law. I am not sure what law was used to interpret the situation here by the IO
If this post has caused unnecessary concerns I urge you to ignore it. If people who are back from visiting other countries or trips back home can post their experiences at the POE or any contradicting information then this one could just be a one off case..
good luck
kris
Can you please give the source from where you heard about this info? There are a lot of rumors being spread without any reason behind them. So this is important to find the source of the info before we get panic or make decision.
Thanks.
Amulchandra
I can assure you this is not a rumor and has happened recently in my colleague's team. I agree that this might cause lot of doubts in people's minds but I just wanted to share the info so that people don't get in to trouble. It is quite possible that this is a one off incident. People should share such information if it come's to their attention. This guy was told to return from POE
Regarding the rights of the IO at POE. I am not sure if it is within the right of the IO to decide in this case but I have read somewhere that the IO has the power to decide whom to allow or not according to the interpretation of law. I am not sure what law was used to interpret the situation here by the IO
If this post has caused unnecessary concerns I urge you to ignore it. If people who are back from visiting other countries or trips back home can post their experiences at the POE or any contradicting information then this one could just be a one off case..
good luck
kris
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sobers
07-14 03:13 PM
Now that Shadegg's SKIL Bill has been referred to the Judiciary Committe...its in the hands of Sensenbrenner.
Shadegg is a top conservative and was supported by Sensenbrenner in his bid for Majority Leader earlier in the year. I found it interesting to read what he said about Shadegg earlier in the year, on the topic of immigration reform. Well, now is Sensenbrenner's chance to act upon it.
========
http://www.house.gov/sensenbrenner/pr20060118.html
Sensenbrenner Supports Shadegg for House Majority Leader
(Washington, DC) � Today, Congressman Jim Sensenbrenner (R-Menomonee Falls, WI), Chairman of the Committee on the Judiciary, announced that he is supporting John Shadegg (R-AZ) for Majority Leader.
Sensenbrenner said:
�I have given careful thought over the past few weeks on the three exceptional candidates running for Majority Leader and what new direction the Republican Conference needs to go. I have decided to support John Shadegg for Majority Leader.
�John Shadegg, as Chairman of the Republican Policy Committee, has shown leadership on difficult issues, while building a consensus among the Republican Conference. John is the best choice for Majority Leader. I have worked closely with John for many months now on immigration reform, attending numerous unity dinners that John has held, listening to members throughout the Conference. These proved to be a valuable resource and shows that John Shadegg is the person who can listen and lead us in a new direction.�
Shadegg is a top conservative and was supported by Sensenbrenner in his bid for Majority Leader earlier in the year. I found it interesting to read what he said about Shadegg earlier in the year, on the topic of immigration reform. Well, now is Sensenbrenner's chance to act upon it.
========
http://www.house.gov/sensenbrenner/pr20060118.html
Sensenbrenner Supports Shadegg for House Majority Leader
(Washington, DC) � Today, Congressman Jim Sensenbrenner (R-Menomonee Falls, WI), Chairman of the Committee on the Judiciary, announced that he is supporting John Shadegg (R-AZ) for Majority Leader.
Sensenbrenner said:
�I have given careful thought over the past few weeks on the three exceptional candidates running for Majority Leader and what new direction the Republican Conference needs to go. I have decided to support John Shadegg for Majority Leader.
�John Shadegg, as Chairman of the Republican Policy Committee, has shown leadership on difficult issues, while building a consensus among the Republican Conference. John is the best choice for Majority Leader. I have worked closely with John for many months now on immigration reform, attending numerous unity dinners that John has held, listening to members throughout the Conference. These proved to be a valuable resource and shows that John Shadegg is the person who can listen and lead us in a new direction.�
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perm2gc
08-23 05:00 PM
in EB3, EB2 and EB1
did you make any calculations based on numbers.?????
did you make any calculations based on numbers.?????
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ho_gaya_kaya_?
01-12 06:48 PM
Hey Bhnupriya
could you please post some tips on how to form the sample letter for I140 ?
i need both I140 as well as copy of labor
Thanks.
could you please post some tips on how to form the sample letter for I140 ?
i need both I140 as well as copy of labor
Thanks.
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rsirpal
09-23 01:42 PM
Hi boreal,
I had a problem with my wifes AP- they had not acted on it for 4 months I asked them to expedite it since we wanted to visit my father in law who was hospitalized for a medical condition- they did not respond to that request so I contacted my Senators office and asked if they could assist in this matter. They asked me for some medical documentation and faxed it to USCIS.. I noticed yesterday that her online status had changed to document mailed..we are still to get it but are optimistic that we should receive it soon.
In the absence of any compelling circumstances though I am not sure how it would work. but I would definitely recommend contacting your Senators office.
seeking_GC,
Which service center did you apply your wife's AP from ? I have applied for my wife in NSC and she is scheduled to travel overseas in 4 months. I am worried it will not come in time
I had a problem with my wifes AP- they had not acted on it for 4 months I asked them to expedite it since we wanted to visit my father in law who was hospitalized for a medical condition- they did not respond to that request so I contacted my Senators office and asked if they could assist in this matter. They asked me for some medical documentation and faxed it to USCIS.. I noticed yesterday that her online status had changed to document mailed..we are still to get it but are optimistic that we should receive it soon.
In the absence of any compelling circumstances though I am not sure how it would work. but I would definitely recommend contacting your Senators office.
seeking_GC,
Which service center did you apply your wife's AP from ? I have applied for my wife in NSC and she is scheduled to travel overseas in 4 months. I am worried it will not come in time
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mailmy_gc
10-15 05:49 PM
We had 4-5 continueous LUD's after couple of weeks they recieved response (June 2009) but still status is showing response reeived.
Recently even changed job to local government but not yet submitted AC 21, I am in the process of preparing documentation. I appreciate if any one help me on this.
Thanks,
Recently even changed job to local government but not yet submitted AC 21, I am in the process of preparing documentation. I appreciate if any one help me on this.
Thanks,
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simple1
10-07 04:13 PM
Leave the usa immediatly. you are already out of status.
Consult your attorney before taking any decision.
hi,
I am in a similar situation.
I have a valid visa stamped on my passport till the sept 2010. And I moved to company B after I was let go by company A. The I 797 approval for company B I got did not have the I 94.
I got the approval yesterday with a letter saying that my extension of stay has been rejected.
The letter also said that I was staying in the country after my H1B with company A has been revoked, which is against the law. It is also mentioned that my I 129 has been mailed to the consulate of my choice(which is in India).
Does he mean that I need to attend the consulate to get my I 129? If so, has the visa stamp been revoked?
Is it ok if I attend the consulate in neighbouring countries like mexico or bahamas instead of going to India?
If the Visa stamping has not been revoked, can I just cross the border for an I 94 card?
Any advice is valuable to me.
Thanks in advance.
Consult your attorney before taking any decision.
hi,
I am in a similar situation.
I have a valid visa stamped on my passport till the sept 2010. And I moved to company B after I was let go by company A. The I 797 approval for company B I got did not have the I 94.
I got the approval yesterday with a letter saying that my extension of stay has been rejected.
The letter also said that I was staying in the country after my H1B with company A has been revoked, which is against the law. It is also mentioned that my I 129 has been mailed to the consulate of my choice(which is in India).
Does he mean that I need to attend the consulate to get my I 129? If so, has the visa stamp been revoked?
Is it ok if I attend the consulate in neighbouring countries like mexico or bahamas instead of going to India?
If the Visa stamping has not been revoked, can I just cross the border for an I 94 card?
Any advice is valuable to me.
Thanks in advance.
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ramus
06-14 10:43 AM
Guys,
Don't create new thred for every single question you have.. You can find right thred and put it there..
Yes you can file for 485 even though your H1B extension is pending.
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
Don't create new thred for every single question you have.. You can find right thred and put it there..
Yes you can file for 485 even though your H1B extension is pending.
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
ch_murthy
06-08 06:20 PM
Hi
I wanted to know how long it took for I-140 approval. I also got Labor by PERM filed in Dec05 and will be filing I-140, EB2.
Thanks
Mine filed on March 6th and got approved on May 25th.:)
I wanted to know how long it took for I-140 approval. I also got Labor by PERM filed in Dec05 and will be filing I-140, EB2.
Thanks
Mine filed on March 6th and got approved on May 25th.:)
mpadapa
10-10 06:40 AM
H1 extensions are never subjected to cap. But if U start using EAD (by filing I-9) then U loose H1 status and hence U break the continuity of H1, so in future if U decide to go back to H1B (for reason like 485 rejected), then U have to apply a NEW H1 which is subjected to cap (not applicable for cap-exempt employment).
H4 is not lost when U use EAD, it is just that U R in AOS status on H4. It is similar to F1, F1 status doesn't allow ppl to work outside campus, but after U graduate, U can work anywhere on EAD (for 1yr) and still be on F1 status and travel using F1. The same Q is answered by susan henner on the IV free conf on Sep 30, the recording of that can be found at http://immigrationvoice.blogspot.com/
augustus U'r lawyer is absolutely correct. Come on folks don't scare people..
Afaik, you can file for an H1 extension without being subject to caps as long as an AOS pending. For instance, you can take a break and go to school, and then file for another H1 extension - it won't be subject to the caps. Confirm it with your lawyer.
jazz
H4 is not lost when U use EAD, it is just that U R in AOS status on H4. It is similar to F1, F1 status doesn't allow ppl to work outside campus, but after U graduate, U can work anywhere on EAD (for 1yr) and still be on F1 status and travel using F1. The same Q is answered by susan henner on the IV free conf on Sep 30, the recording of that can be found at http://immigrationvoice.blogspot.com/
augustus U'r lawyer is absolutely correct. Come on folks don't scare people..
Afaik, you can file for an H1 extension without being subject to caps as long as an AOS pending. For instance, you can take a break and go to school, and then file for another H1 extension - it won't be subject to the caps. Confirm it with your lawyer.
jazz
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