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)
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whitecollarslave
02-10 02:20 PM
Thanks for the uplifting message. The problems are many. Lets think about the solutions.
I_need_GC
07-24 01:16 PM
But I have heard of instances where employers have used previously approved labor on new employees other than the person it was approved for?
You do not loose your priority date even if the old employer revokes the 140.
As long as there aren't be any provable fraud intentions involved, in the whole GC process with the old employer, the priority date remains with you.
-Morchu
You do not loose your priority date even if the old employer revokes the 140.
As long as there aren't be any provable fraud intentions involved, in the whole GC process with the old employer, the priority date remains with you.
-Morchu
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jasmin45
07-16 09:21 PM
BTW....one can now apply directly to NSC or TSC as per the state they are applying from. This memo became effective June 21 and is mandatory starting July 30.
see http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
So there is now a choice till July 30 for everybody's kind information!
Just wanted to add to this post.
Though the effective date for "Direct filing" is July 30th, USCIS also mention that they will not reject any applications received in NSC until August 29th 2007.. This provides some more time. something to keep in mind while sending application.
see http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
So there is now a choice till July 30 for everybody's kind information!
Just wanted to add to this post.
Though the effective date for "Direct filing" is July 30th, USCIS also mention that they will not reject any applications received in NSC until August 29th 2007.. This provides some more time. something to keep in mind while sending application.
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jnraajan
03-14 02:04 PM
Yes. You are in status. Filing for I-485 provides you legal status. If you are without project for too long, transferring H1b might not be an option. But you can work on EAD. You will not be out of status.
Good luck with your job hunt.
Good luck with your job hunt.
salai007
07-17 06:09 PM
Thanks to Rep Lofgren.
I will be sending a Thank card to her soon.
I will be sending a Thank card to her soon.
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payur
03-11 08:11 PM
Ok, here is the response from my lawyer:
"You can give back both but make sure that you have a photocopy in your
file. Actually, the 2 I-94 cards have the same number."
"You can give back both but make sure that you have a photocopy in your
file. Actually, the 2 I-94 cards have the same number."
2010 Fratres Aeterni (Brothers
monkeyman
11-18 09:23 AM
These responses are based on my experience:
Make sure you are counting 180 days after you get the EAD Card (based off the valid date on the EAD Card) - like my lawyer says, its USCIS and they have no clue as to what they are doing. In such an event, you will be fully covered.
You can work anywhere you want to. You can use EAD as your proof of status and eligibility to work. Note that, you should ensure that you get your EAD Card renewed very religiously. Any lapse in renewal could be effectively used against you. Oh, it is also called Work Permit and normally, the employer asks for it during filling up your I-9.
Besides that, you are not required by law to do anything more. You might get called for AOS interview where you might be asked questions about your employment (I never did). But that is just a formality. I have read in forums about filing AC21, but my lawyer said such things were optional (in my case since I joined the client from the service provider). You should chill out and enjoy the job. Good luck.
Make sure you are counting 180 days after you get the EAD Card (based off the valid date on the EAD Card) - like my lawyer says, its USCIS and they have no clue as to what they are doing. In such an event, you will be fully covered.
You can work anywhere you want to. You can use EAD as your proof of status and eligibility to work. Note that, you should ensure that you get your EAD Card renewed very religiously. Any lapse in renewal could be effectively used against you. Oh, it is also called Work Permit and normally, the employer asks for it during filling up your I-9.
Besides that, you are not required by law to do anything more. You might get called for AOS interview where you might be asked questions about your employment (I never did). But that is just a formality. I have read in forums about filing AC21, but my lawyer said such things were optional (in my case since I joined the client from the service provider). You should chill out and enjoy the job. Good luck.
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fromnaija
01-04 09:05 AM
I dont know if this is possible but how about applying for EB3 using premium processing and once it is approved u have ur prority date set to Apr 2004 and then apply for EB2 I140 and ask for the April 2004 priority date.
I am not sure if u can do this, looking forward from others to see if this is possible.
It is possible as mnkaushik suggested. And your employers don't have to revoke the EB3 140 in order to file the EB2 140. You will need to file EB3 first and after it is approved, file EB2 and port the EB3 PD to the new application.
I am not sure if u can do this, looking forward from others to see if this is possible.
It is possible as mnkaushik suggested. And your employers don't have to revoke the EB3 140 in order to file the EB2 140. You will need to file EB3 first and after it is approved, file EB2 and port the EB3 PD to the new application.
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pappu
09-08 01:29 PM
*
Pls get in touch with your chapter leads and they will answer every question you have. It seems you are from NC. Pls get in touch with Ramus. He will talk to you and answer your questions. Thanks for coming to the rally.
Pls get in touch with your chapter leads and they will answer every question you have. It seems you are from NC. Pls get in touch with Ramus. He will talk to you and answer your questions. Thanks for coming to the rally.
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sdrblr
09-09 10:26 AM
I second it :) NO SSN REQUIRED FOR PP. I filled out 000-00-0000 for my son. I believe there was a site or document I looked up and got this info (dont remember where I found it).
You dont need a PIO. If it is emergency or you dont have time, just get a multiple entry visa. For kids at that age it does not make any difference whether they enter on PIO or a visa. Chicago issues visa the same day.
BTW does Indian consulate do background check and issue 221(g) :D:D
PS: I live in IL as well and you dont need SSN for kids to get a PP :)
You dont need a PIO. If it is emergency or you dont have time, just get a multiple entry visa. For kids at that age it does not make any difference whether they enter on PIO or a visa. Chicago issues visa the same day.
BTW does Indian consulate do background check and issue 221(g) :D:D
PS: I live in IL as well and you dont need SSN for kids to get a PP :)
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indiablues
12-26 09:25 AM
Hi,
I stumbled across this thread and this seems to be a great initiative that is managed professionally.
I browsed though the IV website and forums and have few questions regarding who IV is representing among the employment based immigrants:
1. I've a 3 yrs baccalaureate degree from India and have filed GC in EB3 category. How do IV initiatives helps me?
2. My friend have 4yr engineering degree from India and have filed GC in EB3 category. How do IV initiatives helps him?
3. My boss has Masters Degree from India and has 10 yr of experience. He filed his GC in EB2 category. Is IV for him?
4. One of my colleagues has just graduated from an US university and he filed his GC this year in EB3 category. Is IV for him?
5. My other colleague has completed his MS from an US university and he filed his GC in EB2 category. IS IV for him?
I would appreciate if someone can answer the above questions.
Thanks,
IB
I stumbled across this thread and this seems to be a great initiative that is managed professionally.
I browsed though the IV website and forums and have few questions regarding who IV is representing among the employment based immigrants:
1. I've a 3 yrs baccalaureate degree from India and have filed GC in EB3 category. How do IV initiatives helps me?
2. My friend have 4yr engineering degree from India and have filed GC in EB3 category. How do IV initiatives helps him?
3. My boss has Masters Degree from India and has 10 yr of experience. He filed his GC in EB2 category. Is IV for him?
4. One of my colleagues has just graduated from an US university and he filed his GC this year in EB3 category. Is IV for him?
5. My other colleague has completed his MS from an US university and he filed his GC in EB2 category. IS IV for him?
I would appreciate if someone can answer the above questions.
Thanks,
IB
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pamposh
08-08 12:33 PM
Pamposh:
I am in the same boat. Is there anyway of figuring out whether USCIS Vermont recevied and Fwd to TSC / NSC?
What is your back up plan
VSC received the application based on the tracking info from UPS.
Whether they forwarded it to NSC or TSC- I don't know yet.
based on the question 6 in link below from USCIS, i think they will
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
BUT when I don't know! what will be the receipt date? Not sure!
No back up plan! I think we should be ok but don't know for sure. Filed on my own so no attorney to go to.
I am in the same boat. Is there anyway of figuring out whether USCIS Vermont recevied and Fwd to TSC / NSC?
What is your back up plan
VSC received the application based on the tracking info from UPS.
Whether they forwarded it to NSC or TSC- I don't know yet.
based on the question 6 in link below from USCIS, i think they will
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
BUT when I don't know! what will be the receipt date? Not sure!
No back up plan! I think we should be ok but don't know for sure. Filed on my own so no attorney to go to.
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masterji
04-02 04:44 PM
Are you sure that it needs to be done on stamp paper? I just notarized them from India on plain paper.
I got exact query.
All you need is Affidavits from you Father, Mother and any other close relative. Ask them to go to your local court house. There will be people sitting there who do prepare affidavits and notarize them. They need to do it on 10 Rupees stamp paper and get it notarized. They shall have the date of birth affidavit template at court house.
Once they have them, ask them to scan and send them to you to save time. Also ask them to DHL the originals so that you could recieve in 2 or 3days.
I got exact query.
All you need is Affidavits from you Father, Mother and any other close relative. Ask them to go to your local court house. There will be people sitting there who do prepare affidavits and notarize them. They need to do it on 10 Rupees stamp paper and get it notarized. They shall have the date of birth affidavit template at court house.
Once they have them, ask them to scan and send them to you to save time. Also ask them to DHL the originals so that you could recieve in 2 or 3days.
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dhirajs98
04-09 10:27 AM
I have registered an LLC on wife's EAD. She is the sole owner of the company and working as a contractor for another company and getting salary on her company's name. Before she registered this company she never used her EAD. She is/was on H4 visa.
What needs to be done to make sure she in on her EAD now and not on H4 anymore?
How she can become an employee of her own company and get payed every 15 days.
What needs to be done to run a payroll and pay herself salary on monthly or bi-monthly basis?
Please advise.
What needs to be done to make sure she in on her EAD now and not on H4 anymore?
How she can become an employee of her own company and get payed every 15 days.
What needs to be done to run a payroll and pay herself salary on monthly or bi-monthly basis?
Please advise.
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senthil1
06-28 01:14 PM
Why do you think it is good news? Same Senators will be there in the Senate. Do you think they will accept skil? Not only skil any major immigration bill like AGRI, DREAM act will be stalled till next election.
ofcourse a very good news...but at the same time if VB for next month is disappointing , what will be next plan of action.. to have SkILL bill or any way to have interim bills passed?
ofcourse a very good news...but at the same time if VB for next month is disappointing , what will be next plan of action.. to have SkILL bill or any way to have interim bills passed?
more...
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tinuverma
11-09 02:44 PM
Guys
I am still waiting for an answer here..which date would be the AOS...july 23rd or oct 17th?
I am still waiting for an answer here..which date would be the AOS...july 23rd or oct 17th?
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sammyb
02-26 10:48 AM
Middle of 2009 we had issue (denial) with my wife's I485 and after MTR failed I contacted the local Senator's office ... it took around 6 months to finally turn the ball and revise USCIS's earlier decision of denying the application - it was a case where we followed the process and was penalized because of technical reason by USCIS ...
So at the end who ever you contact - this process takes time and again again the senator's office said they can only raise points with USCIS and ask them to review their prior decision - they can't say 'this looks fine pls approve ...'
hope this helps ....
Well, I just wanted to throw this out there, since I did not get any definite answer from any forums.
When in need for I-485 issues, who is better to contact - Congressman or Senator.
I just want to know the pros and cons of each and maybe this analysis will help others down the line.
Points to note are:
1. There are more congressman in a particular state than senators. There are only 2 senators in a state.
2. Senators are more powerful than congressman (not sure that this power applies for talking to USCIS or not)
3. Senators and congressman have different terms in office. Hence is it better to contact someone who is going to stay longer, or someone who is up for election soon and hence may help.
4. For a particular USCIS case, can we contact both congressman and senator at the same time. Is this good.
Can members throw some light on this based on their prior experience and based on their knowledge.
Thanks in advance.
So at the end who ever you contact - this process takes time and again again the senator's office said they can only raise points with USCIS and ask them to review their prior decision - they can't say 'this looks fine pls approve ...'
hope this helps ....
Well, I just wanted to throw this out there, since I did not get any definite answer from any forums.
When in need for I-485 issues, who is better to contact - Congressman or Senator.
I just want to know the pros and cons of each and maybe this analysis will help others down the line.
Points to note are:
1. There are more congressman in a particular state than senators. There are only 2 senators in a state.
2. Senators are more powerful than congressman (not sure that this power applies for talking to USCIS or not)
3. Senators and congressman have different terms in office. Hence is it better to contact someone who is going to stay longer, or someone who is up for election soon and hence may help.
4. For a particular USCIS case, can we contact both congressman and senator at the same time. Is this good.
Can members throw some light on this based on their prior experience and based on their knowledge.
Thanks in advance.
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pappu
12-20 10:05 AM
Thanks. Havnt contacted him yet.
post a contact link or email here (for both Stephen Colbert and Jon stewart) so that some members can write to them.
post a contact link or email here (for both Stephen Colbert and Jon stewart) so that some members can write to them.
bindas74
03-25 10:28 PM
ok..from what I have been hearing from my multiple friends and company's attorneys, USCIS has been digging deep into most of the 485s..
Our company guy said, there is some new policy in 485 processing which is causing them to gather lot of other information (I havent seen this policy published anywhere..so thought this guy is bluffing)..but I dont know many ppl have been saying about such RFEs or RFEs which were not raised before are more common now.
Look at my other thread as an example.
Hopefully you resolve it fast
I received one too...just this morning I received emails stating that RFE was sent for me and my wife....mine is a straight forward case
1) I am with the same employer since I applied for my GC
2) Still on H1B
3) No AC21
4) With a very good company ( medium sized) which never laid off any employees so far
5) Not a labour substitution
I am still wondering what it could be...well I guess i will have to wait for a couple of days more to find out.
But, I am glad that atleast they started looking at my case...this is the first time since August 2007 there is an LUD on my case
Our company guy said, there is some new policy in 485 processing which is causing them to gather lot of other information (I havent seen this policy published anywhere..so thought this guy is bluffing)..but I dont know many ppl have been saying about such RFEs or RFEs which were not raised before are more common now.
Look at my other thread as an example.
Hopefully you resolve it fast
I received one too...just this morning I received emails stating that RFE was sent for me and my wife....mine is a straight forward case
1) I am with the same employer since I applied for my GC
2) Still on H1B
3) No AC21
4) With a very good company ( medium sized) which never laid off any employees so far
5) Not a labour substitution
I am still wondering what it could be...well I guess i will have to wait for a couple of days more to find out.
But, I am glad that atleast they started looking at my case...this is the first time since August 2007 there is an LUD on my case
rajsand
10-30 02:01 PM
Same case here. I am travelling on 8th and got my leave from office. I have an appt on 17th.
Is there anyone who has tried walkin at Baltimore downtown center and what day and time?
After reading the FP thread, I guess noon time and wednesdays are preferable. Also, will carrying iterinary help or we should have the tickets.
Anybody who can reply thankyou so much
Is there anyone who has tried walkin at Baltimore downtown center and what day and time?
After reading the FP thread, I guess noon time and wednesdays are preferable. Also, will carrying iterinary help or we should have the tickets.
Anybody who can reply thankyou so much
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