kevinkris
07-10 05:33 PM
Hi,
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
4. If we leave about GC, Can he do H1 transfer atleast?
Thanks for your valuable suggestions.
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
4. If we leave about GC, Can he do H1 transfer atleast?
Thanks for your valuable suggestions.
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Powersa
07-09 09:21 PM
There is a story that all flowers received will be forwarded to injured service members at a medical center.
ken
04-10 02:08 PM
Ken,
I am on same boat. Mine and my wife case also transfered from Texas to Orlando,FL.My PD is EB2 sep06 and we filed 485 July2nd'07.140 approved in March07.
We never worked in FL state.
My case is tranfered on 8th April'08 and a LUD today(9th April 08).
Praveen , Same situation i guess. There was a LUD yesterday on both (me and my wife case).. No Idea what they are trying to do.
I am on same boat. Mine and my wife case also transfered from Texas to Orlando,FL.My PD is EB2 sep06 and we filed 485 July2nd'07.140 approved in March07.
We never worked in FL state.
My case is tranfered on 8th April'08 and a LUD today(9th April 08).
Praveen , Same situation i guess. There was a LUD yesterday on both (me and my wife case).. No Idea what they are trying to do.
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simon03
07-14 01:11 PM
My company attorney is not of much help. He claims given that USCIS has issued Receipt, and has not yet rejected the application, we may be ok...
For me, the risk is that USCIS rejects the application after sitting on it for 2 months...My EAD is expiring mid of Aug, and I will have to start again, and will have to be on unpaid leave.
Has anybody in the forum applied for EAD renewal and whose I-485 filing date is between August 1, 2007 and August 17, 2007 ?
For me, the risk is that USCIS rejects the application after sitting on it for 2 months...My EAD is expiring mid of Aug, and I will have to start again, and will have to be on unpaid leave.
Has anybody in the forum applied for EAD renewal and whose I-485 filing date is between August 1, 2007 and August 17, 2007 ?
more...
easygoer
05-15 11:31 AM
sr225,
Your experience obtained should be prior to filing of labor and should be for atleast five years. Then it is okay for you to go for EB2
Your experience obtained should be prior to filing of labor and should be for atleast five years. Then it is okay for you to go for EB2
neoneo
07-16 08:36 PM
I'm not sure the information is correct. You can add a spouse anytime before your I-485 is approved. Till that time it's a good idea, if you have a chance, to maintain two different applications. The difference is you can mention that you have a spouse in biometrics etc but you wont file for her EAD/ AP since she/he has a separate app since she is not a dependent.
In a nutshell " If-you-are-a-spouse-doesn't-mean-you-are-a-dependent".
If you don't plan to file as a dependent then you have to file two independent apps.
Don't get confused with dependent and spouse, these are two very different terms.
You would add a dependent before your I-485 approval depending upon whose PD is current.
PS: As usual all the disclaimer regarding of me not being an attorney applies. :D
In a nutshell " If-you-are-a-spouse-doesn't-mean-you-are-a-dependent".
If you don't plan to file as a dependent then you have to file two independent apps.
Don't get confused with dependent and spouse, these are two very different terms.
You would add a dependent before your I-485 approval depending upon whose PD is current.
PS: As usual all the disclaimer regarding of me not being an attorney applies. :D
more...
amdn123
02-05 02:28 PM
Thank you Prasadn.
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immig99
01-19 01:10 AM
Hi All,
Here is my case , when i went to f1 - h1-b stamping in mexico, they issued me 221-g & asked me to got to india for stamping..( but they allowed me to enter usa)..later i applied for AP & EAD, got both ( recently i got i-140 query)
(RFE due date Mar10)
Here are my doubts:
1. can i go to india & comeback with AP in hand
2. Do i need to wait for my i-140 approval
3. my question is what if my i -140 rejects ??
Appreciate your feedback..
Thanks!!!!!
Here is my case , when i went to f1 - h1-b stamping in mexico, they issued me 221-g & asked me to got to india for stamping..( but they allowed me to enter usa)..later i applied for AP & EAD, got both ( recently i got i-140 query)
(RFE due date Mar10)
Here are my doubts:
1. can i go to india & comeback with AP in hand
2. Do i need to wait for my i-140 approval
3. my question is what if my i -140 rejects ??
Appreciate your feedback..
Thanks!!!!!
more...
Dhundhun
03-29 09:51 PM
---
God forbid, even if they deny your H1B visa from your new employer, you should still be able to return to the US on the expired H1B visa since you made an honest H1B visa trip.
How come sareesh will return on expired Visa (12/09/2006)?
God forbid, even if they deny your H1B visa from your new employer, you should still be able to return to the US on the expired H1B visa since you made an honest H1B visa trip.
How come sareesh will return on expired Visa (12/09/2006)?
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rsrikant
11-02 12:34 PM
See signature for details:
can you let us know why u'r 140 denied? may be it can be useful for some of us how to open motion for appeal..
thanks,
srikanth
can you let us know why u'r 140 denied? may be it can be useful for some of us how to open motion for appeal..
thanks,
srikanth
more...
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GCNeophyte
09-17 01:47 PM
Buddy - on forum everyone will answer you what he thinks ths best and this is important thing for you. you should ask your lawyer.
short answer - i had been in your situation and what my laywer told me is this
doesnt matter EAD (expired or not) H1(valid or not), if you have valid AP and your 485 is pending you can enter USA on it. Date on I94 will indeed be expiry date of AP.
Secondly, you are all good to continue working on your H1b even after entering through AP.
this is just what my laywer said. you will hear more things but i would suggest again that check with your lawyer.
Good Luck !!
bank_king2003 was right on. you don't need EAD or H1, AP was issued on your pending I485, POE won't care but they will still verify (it typically takes around 60 - 90 mins), you need to wait Patiently in IO supervisor office @POE. My personal advice is don't act smart with IO in POE and give them excuses like i have connection flight to catch etc.,
short answer - i had been in your situation and what my laywer told me is this
doesnt matter EAD (expired or not) H1(valid or not), if you have valid AP and your 485 is pending you can enter USA on it. Date on I94 will indeed be expiry date of AP.
Secondly, you are all good to continue working on your H1b even after entering through AP.
this is just what my laywer said. you will hear more things but i would suggest again that check with your lawyer.
Good Luck !!
bank_king2003 was right on. you don't need EAD or H1, AP was issued on your pending I485, POE won't care but they will still verify (it typically takes around 60 - 90 mins), you need to wait Patiently in IO supervisor office @POE. My personal advice is don't act smart with IO in POE and give them excuses like i have connection flight to catch etc.,
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gc_check
07-02 10:00 AM
Folks, Please share any updates if received from your attorney's pertaining to this July VB revision rumors and confusion. This will assist in getting some updates for guys like me and other members you have little or no communication with attorney/legal department after submission of our documents. We are just hoping they took care...
more...
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redgreen
07-15 02:03 PM
i do not know what options he has but 'ras' is not talking about 'stock options' most people are answering about. July 08 options expire on Jul 18, 2008. so people who are talking about and advising him on stock options are simply confusing this guy. this may be stocks of his company as part of a bonus or something like that. or he is just making fun of us by posting such an unrelated thing.
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EndlessWait
12-06 07:35 AM
Hello I opened 2 SRs 4 weeks ago. Yesterday I got two notices from USCIS.
My wife got finger printing notice but my notice says that "USCIS will notify me of biometrics when the appointment is available". Its so weird. I'm the prime applicant. Anybody any ideas? My lawyer said wait for 1 month. I spoke to USCIS customer service and they said wait for next month and open another SR.
My case was filed at NSC , then went to CSC and then transferred to NSC.
Anybody any ideas? Have they heard of cases where dependants are getting FP while Primary is waiting.
My wife got finger printing notice but my notice says that "USCIS will notify me of biometrics when the appointment is available". Its so weird. I'm the prime applicant. Anybody any ideas? My lawyer said wait for 1 month. I spoke to USCIS customer service and they said wait for next month and open another SR.
My case was filed at NSC , then went to CSC and then transferred to NSC.
Anybody any ideas? Have they heard of cases where dependants are getting FP while Primary is waiting.
more...
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njboy
12-02 11:19 AM
what are our chances if the Dream Act does not pass? Dream is #7 on the list.
Ironically, if a stand alone Dream act without any visa recapture does not pass, our chances of getting a visa recapture added to a bill in 2011 are much greater. The reason is, AILA may start lobbying for our cause, so that they can generate revenues on the 485 filing fees. Most lawyers charge fees for permanent residency application piecemeal. 2K for perm, 1K for 140 (more if premium) etc etc. So we still have some lobbying power with them, considering the fact that they stand to gain atleast $1000 from each family.
The main consideration for lobbying is ofcourse, is there more fees to be charged by our filing for 485, or by keeping us on H1-B. You have to remember, us losing our H1-B status is like them killing a golden goose. No more H1B renewal payout every 3 years
Ironically, if a stand alone Dream act without any visa recapture does not pass, our chances of getting a visa recapture added to a bill in 2011 are much greater. The reason is, AILA may start lobbying for our cause, so that they can generate revenues on the 485 filing fees. Most lawyers charge fees for permanent residency application piecemeal. 2K for perm, 1K for 140 (more if premium) etc etc. So we still have some lobbying power with them, considering the fact that they stand to gain atleast $1000 from each family.
The main consideration for lobbying is ofcourse, is there more fees to be charged by our filing for 485, or by keeping us on H1-B. You have to remember, us losing our H1-B status is like them killing a golden goose. No more H1B renewal payout every 3 years
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days_go_by
08-04 07:20 AM
from immigration-law.com
08/04/2006: Elimination of Backlog Labor Certification Applications: Feasible in 14 Months?
* The DOL authorities confirmed in San Antonio in June that the data entries were about to be completed by the end of June and mailing out of all the 45-day letters might also be completed by middle or within July 2006. The authorities also confirmed that traditional regular labor certification applicants would start receiving the recruitment instructions with their prevailing wage determination to accelerate the recruitment process beginning from later part of July 2006.
* For a while, the employers received en masse the 45-day letters in the mail, but lately it has slowed down for unknown reasons. Sources indicate that the initial schedule has been somewhat pushed off. However, the DOL website still promises that they will eliminate all the backlog cases in 14 months. The period of 14 months may be a long time for the immigrants but a short time for the agency to eliminate tons of complicated labor certification applications. This is particularly true in that as the elimination program approaches the end of the rope, the morale of the temporary workers that manage, operate, and process applications is expected to drop substantially.
* The late slow-down of the pace of processing of the backlog applications raises a misgiving that unless the agency works out a special procedure or device, they may not be able to reach the goal.. There are still tons of traditional applications that await a time-consuming supervised recruitment process and adjudication including audits. The c6nsumers want to see some speed-up action before we approach the year-end holiday season and work slow-downs.
08/04/2006: Elimination of Backlog Labor Certification Applications: Feasible in 14 Months?
* The DOL authorities confirmed in San Antonio in June that the data entries were about to be completed by the end of June and mailing out of all the 45-day letters might also be completed by middle or within July 2006. The authorities also confirmed that traditional regular labor certification applicants would start receiving the recruitment instructions with their prevailing wage determination to accelerate the recruitment process beginning from later part of July 2006.
* For a while, the employers received en masse the 45-day letters in the mail, but lately it has slowed down for unknown reasons. Sources indicate that the initial schedule has been somewhat pushed off. However, the DOL website still promises that they will eliminate all the backlog cases in 14 months. The period of 14 months may be a long time for the immigrants but a short time for the agency to eliminate tons of complicated labor certification applications. This is particularly true in that as the elimination program approaches the end of the rope, the morale of the temporary workers that manage, operate, and process applications is expected to drop substantially.
* The late slow-down of the pace of processing of the backlog applications raises a misgiving that unless the agency works out a special procedure or device, they may not be able to reach the goal.. There are still tons of traditional applications that await a time-consuming supervised recruitment process and adjudication including audits. The c6nsumers want to see some speed-up action before we approach the year-end holiday season and work slow-downs.
more...
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zCool
01-04 09:52 AM
I know a friend in the exact same boat.. A very big multi-national co. with more than 10K employees.. they are even revoking his EB3 that was filed in 2004.. It's not USCIS rule.. it's just some employers being strict with their internal rules..
Unless you work for a big company with lots of benefits.. time to get EB3 filed.. and then bolt the first chance you get..
Unless you work for a big company with lots of benefits.. time to get EB3 filed.. and then bolt the first chance you get..
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bkam
03-17 11:53 AM
I am not sure how successful the effort of IV would be. I am not sure if all the work done by the core memberts and volunteers will help us to get quick of the mud we are in. I have a "plan B" and do not rely much on this mirage called Green Card. If it comes in a reasonable time - OK, if not - then I am gone. World is a wide interesting place and if one is a hard worker and a honest person, there is always opportunities.
But I contributed, I supported the IV effort and I am sure that I have done the right thing. Today is St. Patrick's day and that reminded me a saying of an old Irish friend: - "We better die standing instead on our knees". In our case it means that even if we do not achieve anything with this money and loose it, at least we prove that we are not just silly turkeys :p
Keep fighting for the right cause !
But I contributed, I supported the IV effort and I am sure that I have done the right thing. Today is St. Patrick's day and that reminded me a saying of an old Irish friend: - "We better die standing instead on our knees". In our case it means that even if we do not achieve anything with this money and loose it, at least we prove that we are not just silly turkeys :p
Keep fighting for the right cause !
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wait_2010
07-27 03:46 PM
jaggu bhai .. I like your handle, reminds me of a senior from college days. Anyway, here are some of my inputs as my wife is also pursuing a masters program in MIS.
1) Part time - full time may or may not be a lot different depending upon university you pick up. One of my co-workers is pursuing an online masters program and his cost is almost same as a part/full time from a known university.
You may also qualify for resident tuition depending on state/univ. laws where you reside. Check on that, it may reduce your cost a lot.
2) Starting on H4 or F1 is on your choice or affordability. You may need to show 1yr of funds before a college issues an I-120 form for status change to F1 whereas on H4 you may just proceed at your own pace and no funds need to be proven. CPT/OPT or college internships cannot be taken up on H4 and so you may need to switch to F1 sometime based on your plans of using OPT.
These are my thoughts based on what you mentioned. Other opinion also matters .. may be some more members can comment based on known scenarios.
Good luck
I stumbled upon this forum and looks like I can get information that I was looking for.
Can any body in the forum please confirm that it is possble to get a F1 in a part-time program. I plan to soon start a masters part-time program with an accredited university.
In the middle of the program, is it possible for me to move from H1 to F1 if I can prove that I will take a full course load ( 12 credits or whatever be the requirement)..The university does alow me to increase course work as per my desire..
Has any one gone thru this process or know for sure that it can be done...
Replies are very much appreciated for this important aspect.
Thanks
1) Part time - full time may or may not be a lot different depending upon university you pick up. One of my co-workers is pursuing an online masters program and his cost is almost same as a part/full time from a known university.
You may also qualify for resident tuition depending on state/univ. laws where you reside. Check on that, it may reduce your cost a lot.
2) Starting on H4 or F1 is on your choice or affordability. You may need to show 1yr of funds before a college issues an I-120 form for status change to F1 whereas on H4 you may just proceed at your own pace and no funds need to be proven. CPT/OPT or college internships cannot be taken up on H4 and so you may need to switch to F1 sometime based on your plans of using OPT.
These are my thoughts based on what you mentioned. Other opinion also matters .. may be some more members can comment based on known scenarios.
Good luck
I stumbled upon this forum and looks like I can get information that I was looking for.
Can any body in the forum please confirm that it is possble to get a F1 in a part-time program. I plan to soon start a masters part-time program with an accredited university.
In the middle of the program, is it possible for me to move from H1 to F1 if I can prove that I will take a full course load ( 12 credits or whatever be the requirement)..The university does alow me to increase course work as per my desire..
Has any one gone thru this process or know for sure that it can be done...
Replies are very much appreciated for this important aspect.
Thanks
GCVoice
12-20 10:45 AM
Hi.
I have a question on whether Advance Parole is required for my wife to come back to the US.
She is coming back on December last week. Her H4 visa is expiring on JAN first week. she has her new H4 extension approval notice, 485 receipt notice with her. Does she need to have advance parole to come back?
(Her AP got approved after she left and I have received the docs recently. So I was wondering if I should fed-ex the docs to her).
UPDATE: she has a valid H4 Visa stamping on passport till Jan 10
Please advice
I have a question on whether Advance Parole is required for my wife to come back to the US.
She is coming back on December last week. Her H4 visa is expiring on JAN first week. she has her new H4 extension approval notice, 485 receipt notice with her. Does she need to have advance parole to come back?
(Her AP got approved after she left and I have received the docs recently. So I was wondering if I should fed-ex the docs to her).
UPDATE: she has a valid H4 Visa stamping on passport till Jan 10
Please advice
looivy
05-21 10:31 AM
Hi All,
Last year, my company's lawyer had filed EAD and AP for me. This year, the lawyer is giving me an option to file it myself or pay additional 500 dollars for her to file.
What all supporting documents would I need from my lawyer to file EAD and AP this year. Do I need a copy of pending I-485, approved labor and approved I-140? Any insight would be helpful.
Also, any guidelines on filling EAD and AP online would be helpful. How do you submit supporting material if you e-file?
Thanks.
Last year, my company's lawyer had filed EAD and AP for me. This year, the lawyer is giving me an option to file it myself or pay additional 500 dollars for her to file.
What all supporting documents would I need from my lawyer to file EAD and AP this year. Do I need a copy of pending I-485, approved labor and approved I-140? Any insight would be helpful.
Also, any guidelines on filling EAD and AP online would be helpful. How do you submit supporting material if you e-file?
Thanks.
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