senthil
08-23 05:21 PM
on few forums -ive seen people who already filed I-485 and could not file I-485 due to retro applied and received 3yr H1B extn. I dont think it matters if you have applied for EAD/AP or not. Recently one of my friend ( currently on EAD ) , still applied for 3yr H1B extn and got an approval too.
For a safe bet its good to have the EAD/AP with you. has foll advantage
- worst case you can change employment using EAD
- travel issues - esp you can avoid visa related appointment hassle using AP
one more thing - if you dont have travel plans for the next year, you dont need to apply for AP. I beleive only EAD needs periodic renewal every year, independant of if you are using it or not, once you apply first time.
may be many folks here already have real time experiances on this subject, i guess
hope it helps. -- my2c.
all these are my personal views. im not an attorney
thanks
For a safe bet its good to have the EAD/AP with you. has foll advantage
- worst case you can change employment using EAD
- travel issues - esp you can avoid visa related appointment hassle using AP
one more thing - if you dont have travel plans for the next year, you dont need to apply for AP. I beleive only EAD needs periodic renewal every year, independant of if you are using it or not, once you apply first time.
may be many folks here already have real time experiances on this subject, i guess
hope it helps. -- my2c.
all these are my personal views. im not an attorney
thanks
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BharatPremi
04-16 04:42 PM
kaisersose, scorpioduo
Thanks.
Thanks.
bbct
05-02 10:56 AM
The IO will not issue an I-94 with the expiry date same as the new approval notice end date. You will be given an I-94 with the expiry date same as the visa expiry date on the passport. If you are using AP to enter, you will be given an expiry date of 1-year from the date of entry.
My wife travelled in July 2007 on H4 when my H1B was expiring on 09/30/2007. She showed the approval notice that was valid till 09/30/2010 and was still given the I-94 valid till 09/30/2007.
Should not be an issue. Dont forget to give the approval notice to the IO. Otherwise you will be given only till Aug 2009.
My wife travelled in July 2007 on H4 when my H1B was expiring on 09/30/2007. She showed the approval notice that was valid till 09/30/2010 and was still given the I-94 valid till 09/30/2007.
Should not be an issue. Dont forget to give the approval notice to the IO. Otherwise you will be given only till Aug 2009.
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bluekayal
08-21 07:16 PM
To the red dot distributor
You said to me:
"Doesn't make any sense....let them then work on the SRs instead of answering calls...bottom line is that pointless calls are taking time away from real work."
These calls go to the IIO (ay-ay-oh!) not to adjudication officers. Now, why don't you stop distributing red dots? So rest easy, your GC will come when it will, red dot, or no red dot.
You said to me:
"Doesn't make any sense....let them then work on the SRs instead of answering calls...bottom line is that pointless calls are taking time away from real work."
These calls go to the IIO (ay-ay-oh!) not to adjudication officers. Now, why don't you stop distributing red dots? So rest easy, your GC will come when it will, red dot, or no red dot.
more...
johny120
08-23 11:14 AM
I have a approved I-140 (Jan 2005). My PD is March 2004 and I have already filed I-485 (filed simultaneously with 140). Now I am waiting for the PD to become current for 485 approval. My 6 years on H1 will expire in March 2007. I checked with my GC lawyer and he said that since I have a approved 140 I can apply for a 3 year extension on H1 six months before the H1 expiry. I have to travel to India in Feb-March 2007 and so my questions are:
1. Can I travel to India while my H1 extension application is still pending and return to US before the current H1 expires? What will happen if the application gets approved while I am in India?
2. If I get my H1 extension approved effective April 2007 and I travel to India in Feb-March 2007 while my current H1 is still valid do I still need to get the new H1 stamped on the passport or I can enter US on the current stamped H1.
3. If none of the above is possible then can I return from India in mid-March 2007 and apply for H1 ext and still continue to stay in US if I get the receipt of H1 ext application before March 31, 2007?
Thanks in advance.
1. Can I travel to India while my H1 extension application is still pending and return to US before the current H1 expires? What will happen if the application gets approved while I am in India?
2. If I get my H1 extension approved effective April 2007 and I travel to India in Feb-March 2007 while my current H1 is still valid do I still need to get the new H1 stamped on the passport or I can enter US on the current stamped H1.
3. If none of the above is possible then can I return from India in mid-March 2007 and apply for H1 ext and still continue to stay in US if I get the receipt of H1 ext application before March 31, 2007?
Thanks in advance.
kavita_abb
10-09 12:18 PM
Hi,
Presently I am on H1B and my husband on H4 visa. I have to go to India permanently, so can my husband stay in USA on H4 visa while I am in india ? my husband is not willing to go to india at all. I tried hard all the way to make him convince. Can I travel alone without him ? what will be the problem in future for visa? please advise.
Thank you!
Kav
Presently I am on H1B and my husband on H4 visa. I have to go to India permanently, so can my husband stay in USA on H4 visa while I am in india ? my husband is not willing to go to india at all. I tried hard all the way to make him convince. Can I travel alone without him ? what will be the problem in future for visa? please advise.
Thank you!
Kav
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jr8rdt
11-21 03:04 PM
I have included the experience letter to my I-140 but the USCIS doesn't like the content of it hence the RFE. How can I overcome this? I got the letter when I left the company 10 years ago . I came to the US after that. the letter was very broad not specific duties. it was signed using letter head by my manager. I thought it was OK. but apparently not.
Problem is the company is no longer in business. I am planning to have a letter from a coworker who now live in Canada instead and should it be notarized ? is one letter enough for RFE? Does it mean my ex co-worker should bring the letter to a lawyer in Canada and have it notarized? or can my lawyer send a notarized letter and ask him to sign?
do I have to mentioned that the company is no longer in business in the letter?should I write the letter my self or have my lawyer do it for me?
anybody has a sample letter for RFE experience letter?
THanks....
I need help.....
Problem is the company is no longer in business. I am planning to have a letter from a coworker who now live in Canada instead and should it be notarized ? is one letter enough for RFE? Does it mean my ex co-worker should bring the letter to a lawyer in Canada and have it notarized? or can my lawyer send a notarized letter and ask him to sign?
do I have to mentioned that the company is no longer in business in the letter?should I write the letter my self or have my lawyer do it for me?
anybody has a sample letter for RFE experience letter?
THanks....
I need help.....
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puskeygadha
07-14 04:43 PM
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pushkarw
12-21 02:19 PM
My question is - WHY WOULD ANYONE HELP US GIVEN THE FACT THAT WE ARE NOT WILLING TO HELP OURSELVES?????
All - Please contribute.
Please think:
A. WHY will ACLU assist us? Only because Ms. Singh is there?
B. WHY should Dr. Singh or Mrs. Gandhi assist us? We are trying to emigrate FROM India, NOT immigrate to India, after all.
C. Please do not formulate random "minority community" statements. It is kind of ironic to do so, given the fact that we, the EB immigrants, are usually parts of various minority communities in the U.S., and are desperately trying to make our case to the power structure here...
All - Please contribute.
Please think:
A. WHY will ACLU assist us? Only because Ms. Singh is there?
B. WHY should Dr. Singh or Mrs. Gandhi assist us? We are trying to emigrate FROM India, NOT immigrate to India, after all.
C. Please do not formulate random "minority community" statements. It is kind of ironic to do so, given the fact that we, the EB immigrants, are usually parts of various minority communities in the U.S., and are desperately trying to make our case to the power structure here...
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02-13 01:44 PM
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kaisersose
07-24 11:21 PM
Good news is that I'm working again. While I was out of a job, I converted from H1 to EAD under my previous employer (consultancy).
Now, I've finally found a job although this is a full time opportunity. I'm going to be using my EAD / AC21 .
Question: Since I'm no longer working for my previous employer, they are going to be revoking my I140 next month. I believe this is not a problem since my case has been pending for more than 180 days so that's a good thing.. What I do want to know is whether my status is in any jeopardy since I haven't generated any income for about 3 months?
Thanks for any replies. I really need to find out the answer to this. A lot of forum info suggests that I'm ok but I'd very much like to hear any / all viewpoints on this issue.
No. You are fine. If you are absolutely sure that your 140 will be revoked, then you may want to consider notifying CIS about your job change. It is not mandatory, but there is a chance that it may help avoid the nuisance of CIS making a mistake and denying the 485 and you having to reverse their decision through an MTR.
Now, I've finally found a job although this is a full time opportunity. I'm going to be using my EAD / AC21 .
Question: Since I'm no longer working for my previous employer, they are going to be revoking my I140 next month. I believe this is not a problem since my case has been pending for more than 180 days so that's a good thing.. What I do want to know is whether my status is in any jeopardy since I haven't generated any income for about 3 months?
Thanks for any replies. I really need to find out the answer to this. A lot of forum info suggests that I'm ok but I'd very much like to hear any / all viewpoints on this issue.
No. You are fine. If you are absolutely sure that your 140 will be revoked, then you may want to consider notifying CIS about your job change. It is not mandatory, but there is a chance that it may help avoid the nuisance of CIS making a mistake and denying the 485 and you having to reverse their decision through an MTR.
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satishku_2000
01-07 07:05 PM
Employers can withdraw the 140 , It could result in NOID for 485 . Please be prepared to respond to NOID.
By law you may be in safe area but please be prepared with all the required documents to respond a potential NOID.
By law you may be in safe area but please be prepared with all the required documents to respond a potential NOID.
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jasmin45
08-08 04:49 PM
Employer not revoking your I-140 itself proves "employer intention" to hire him back on adjudication. You may have intention to work for sponsoring employer but if you are laid off its not in your control, right? Adjudicator always looks by law and there is no law which says if you are laid off within 180 days your I-485 can not be approved.
There you go now.. You are correct in saying that "laidoff" thing. If you decide to sit at home as you said earlier.. there are chances that you get doomed by IO during 485 adjudication. I already mentioned about employer initiated termination and protection under AC21 in my previous post.
There's already a thread for "laidoff" related issues.. if you have further questions or suggestions you may drop it in there. why do we have to have several thread for same issues?
There you go now.. You are correct in saying that "laidoff" thing. If you decide to sit at home as you said earlier.. there are chances that you get doomed by IO during 485 adjudication. I already mentioned about employer initiated termination and protection under AC21 in my previous post.
There's already a thread for "laidoff" related issues.. if you have further questions or suggestions you may drop it in there. why do we have to have several thread for same issues?
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franklin
07-20 08:43 PM
To my knowledge, neither paystubs, W2s nor tax returns are required for filing.
However, some attorneys (mine included) requested my tax returns for the last few years. I think this is so they are prepared just in case of RFE on something?
To answer the original question with a quote from my grandmother whenever I whined, "but that's not fair" as a kid, "Life never is"
The law is the law. We abide by them. We can lobby for changes to said law if we believe they are incorrect, but we don't break them before they are changed.
However, some attorneys (mine included) requested my tax returns for the last few years. I think this is so they are prepared just in case of RFE on something?
To answer the original question with a quote from my grandmother whenever I whined, "but that's not fair" as a kid, "Life never is"
The law is the law. We abide by them. We can lobby for changes to said law if we believe they are incorrect, but we don't break them before they are changed.
more...
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morchu
05-21 09:39 PM
1. No
2. ??? don't do any amendment. Just file a new eb2-140.
3. No as long as you leave your EB3-140 as it is.
Attorneys or Gurus please:
I have a bit different situation than Raj (rajivkane), so please suggest/answer following queries:
1. Is it advisable to file amendment I-824 or other (requesting an amended approval notice with retention of earlier priority date) instead of filing a new EB2 I-140 once EB2 Labor will get clear? My 485 is pending with EB3 I-140, where as EB-3 I-140 got approved before filing I-485 in July'2007.
2. Or it�s compulsory to file new I-140 with EB2 and once I-140 after that amendment.
3. Will it impact my pending 485 in regards to any of the above cases, which ever is correct?
Regards,
Raman
2. ??? don't do any amendment. Just file a new eb2-140.
3. No as long as you leave your EB3-140 as it is.
Attorneys or Gurus please:
I have a bit different situation than Raj (rajivkane), so please suggest/answer following queries:
1. Is it advisable to file amendment I-824 or other (requesting an amended approval notice with retention of earlier priority date) instead of filing a new EB2 I-140 once EB2 Labor will get clear? My 485 is pending with EB3 I-140, where as EB-3 I-140 got approved before filing I-485 in July'2007.
2. Or it�s compulsory to file new I-140 with EB2 and once I-140 after that amendment.
3. Will it impact my pending 485 in regards to any of the above cases, which ever is correct?
Regards,
Raman
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07-08 10:11 PM
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snathan
04-28 08:18 PM
Hi Folks!
I know this is a known topic. I was engaged to a GIRL in INDIA and i got my gc. I know there are limited options of bringing her here once i get married. Can you please let me know the options i have and the best option.
Thanks a lot in advance
Ravi
I dont know what you are looking as you already know the options are limited. I dont see much hope other than applying the GC in family based GC. Once you are starting the GC for your fiance/wfe, it would be difficult to even get the B1 as its not dual intent visa.
Or you have to wait for five years, get your USC and apply her GC. As the GC is not yet started you can give a try for B1/B2.
I know this is a known topic. I was engaged to a GIRL in INDIA and i got my gc. I know there are limited options of bringing her here once i get married. Can you please let me know the options i have and the best option.
Thanks a lot in advance
Ravi
I dont know what you are looking as you already know the options are limited. I dont see much hope other than applying the GC in family based GC. Once you are starting the GC for your fiance/wfe, it would be difficult to even get the B1 as its not dual intent visa.
Or you have to wait for five years, get your USC and apply her GC. As the GC is not yet started you can give a try for B1/B2.
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samcam
05-23 10:53 AM
Good job Salil..
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pnjbindia
10-08 03:48 PM
gasat,
No one can predict what the visa bullitin will do in the coming months. My suggestion is that atleast go and get a court marriage done if you can before May2008. It is possible that your PD may become current by May 2008. But no one can say that for sure...
Hi. I am still unmarried. But i applied for my I-485 when it was current last month . My priority date iss Nov2004 in EB2. Currently it is April2004. I might not be able to get married till May2008. Would i be getting GC by then or is there chances of getting delayed. Please let me know
Also, is there any way that i can keep postponing my application to be processed till i get married ? I filed in Augst 13th and still didnt get my receipt. Also my I-140 is in process in TSC.
Please clarify.
No one can predict what the visa bullitin will do in the coming months. My suggestion is that atleast go and get a court marriage done if you can before May2008. It is possible that your PD may become current by May 2008. But no one can say that for sure...
Hi. I am still unmarried. But i applied for my I-485 when it was current last month . My priority date iss Nov2004 in EB2. Currently it is April2004. I might not be able to get married till May2008. Would i be getting GC by then or is there chances of getting delayed. Please let me know
Also, is there any way that i can keep postponing my application to be processed till i get married ? I filed in Augst 13th and still didnt get my receipt. Also my I-140 is in process in TSC.
Please clarify.
saketkapur
02-07 10:53 AM
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tuhin
07-17 11:04 PM
Thanks again folks... I will get in touch with a lawyer and let y'all know what I learn.
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