singhsa3
02-28 02:59 PM
Obviously, you don't know how the system work, well , Welcome to dealing with USCIS!
If I have never received a FP Notice from USCIS and then, they deny my EAD renewal because of this, that will be total absurd. I don't think any good immigration attorneys will let this go.
If I have never received a FP Notice from USCIS and then, they deny my EAD renewal because of this, that will be total absurd. I don't think any good immigration attorneys will let this go.
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rahulpaper
08-03 08:32 AM
3 year extension is availabe only if your PD is not current and 140 is approved. 1 year extension is only available when you have GC process started 365 day prior. You can go between 1 year and 3 year extensions (depending on PD situation).
I am not sure about the change of employer part...because your 3 year extension is tied to 140 which is tied to an employer...I am not sure if one is able to maintain H1B status if one invokes ac21 or use EAD in 8/9/10/11 th etc year. The new employer can always start the process (before hiring you) from begining..and have PERM and 140 approved and then you can transfer H1b to new employer. (because you are able to tie it to new approved 140). BTW...you will still save the priority date too..
I am not an lawyer. The information provided here is my personal opinion.
I am not sure about the change of employer part...because your 3 year extension is tied to 140 which is tied to an employer...I am not sure if one is able to maintain H1B status if one invokes ac21 or use EAD in 8/9/10/11 th etc year. The new employer can always start the process (before hiring you) from begining..and have PERM and 140 approved and then you can transfer H1b to new employer. (because you are able to tie it to new approved 140). BTW...you will still save the priority date too..
I am not an lawyer. The information provided here is my personal opinion.
dj9533
11-10 11:54 AM
AP
I485 Receipt Notice
EAD(just in case)
thats all you need
I485 Receipt Notice
EAD(just in case)
thats all you need
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sertasheep
03-25 11:34 AM
Yes, you may apply for multiple visas. However, the rule of latest application of the attached I-94 applies. If you get your H4 first, and then your H1, it would mean your H1 would be valid.
If you get your H1 first, and then your H4, the I-94 attached to the H1 will no longer be valid, requiring you to get the H1 visa stamped in your home country consulate and re-enter.
You could simply wait out until you get your H4(at the risk of running out of the H1 cap). If you're willing to risk traveling and reenterng the US after stamping in your homecountry, you should be OK.
There are some attorneys however, who charge a hefty fee for you to get your H1 stamped at a Canadian US consulate if you fear rejection in your home country.
Regards
If you get your H1 first, and then your H4, the I-94 attached to the H1 will no longer be valid, requiring you to get the H1 visa stamped in your home country consulate and re-enter.
You could simply wait out until you get your H4(at the risk of running out of the H1 cap). If you're willing to risk traveling and reenterng the US after stamping in your homecountry, you should be OK.
There are some attorneys however, who charge a hefty fee for you to get your H1 stamped at a Canadian US consulate if you fear rejection in your home country.
Regards
more...
ImmiLosers
03-11 08:26 PM
I-94 is proof of your valid presence in US. You should not be having it if you are not in US. You will get one once you come back. Do not leave Airport without getting one;)
Leo07
10-05 03:57 PM
This definitely improves the legitimacy of IV and should stop at least some naysayers.
more...
Prashanthi
10-20 05:52 PM
Hi,
My friend is in a unique situation and needs help. Please guide him with his queries.
**************************************************
I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.
My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.
My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..
We didn't specify about GC labor on H1B/I-94 extension petition.
My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.
Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?
************************************************** *********
You should apply based on April 16, 2010, you can file 6 months in advace which means you can file now, you will get an approval for 3 years based on the approved I-140.
My friend is in a unique situation and needs help. Please guide him with his queries.
**************************************************
I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.
My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.
My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..
We didn't specify about GC labor on H1B/I-94 extension petition.
My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.
Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?
************************************************** *********
You should apply based on April 16, 2010, you can file 6 months in advace which means you can file now, you will get an approval for 3 years based on the approved I-140.
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meridiani.planum
07-28 02:48 AM
My friend who is a contractor in the company where I am working, is right now on H1B. He is a very hard worker and cheerful fellow. My employer (among big5 tech companies in US) offered him fulltime position.
His EAD is going to be expired soon, as he is a july 07 filer. He is worried that if he joins my employer at this point, and if he doesn't get his EAD renewed in time, he would be in trouble.
He already sent papers for renew but haven't heard back. After six weeks, his current EAD will expire.
can anyone guide, what are his options? my employer will not file H1B. is there anything like interim EAD?
if his EAD has been pending for 90 days, USCIS says you can enquire about getting an interim EAD. I dont know of anyone recently who has got an interim EAD though...
Having said that, how long back did he apply for the renewal and at what center? Based on some stats NSC is taking anywhere from 60 to 90 days for EAD approval (even mine has now been pending for over 4 weeks). TSC has been faster. So if its NSC, and its <90 days, hang on a bit, you might just get the approval soon.
His EAD is going to be expired soon, as he is a july 07 filer. He is worried that if he joins my employer at this point, and if he doesn't get his EAD renewed in time, he would be in trouble.
He already sent papers for renew but haven't heard back. After six weeks, his current EAD will expire.
can anyone guide, what are his options? my employer will not file H1B. is there anything like interim EAD?
if his EAD has been pending for 90 days, USCIS says you can enquire about getting an interim EAD. I dont know of anyone recently who has got an interim EAD though...
Having said that, how long back did he apply for the renewal and at what center? Based on some stats NSC is taking anywhere from 60 to 90 days for EAD approval (even mine has now been pending for over 4 weeks). TSC has been faster. So if its NSC, and its <90 days, hang on a bit, you might just get the approval soon.
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snhn
12-13 09:13 AM
From Austin. In for whatever. Let me know How can I be helpful
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dixie
06-20 01:56 PM
:(
I wish people here are more sympathetic to those who are ignorant about
the gravity of the current situation.
supers789,
this is the painful truth. Don't think about this too much....we are all coping with this. CIR seems to be dead...Will we get some other legislation to help us out? don't know, may happen...
Unfortunately, a good many people who havent joined IV yet are also blissfully ignorant of the gravity of the situation. They think its a temporary traffic jam, while in reality our path to a GC has been blocked by a landslide.The backlogs will keep on growing till the authorities (lawmakers in our case) clear the road .. or the affected traffic takes an alternative route.
I wish people here are more sympathetic to those who are ignorant about
the gravity of the current situation.
supers789,
this is the painful truth. Don't think about this too much....we are all coping with this. CIR seems to be dead...Will we get some other legislation to help us out? don't know, may happen...
Unfortunately, a good many people who havent joined IV yet are also blissfully ignorant of the gravity of the situation. They think its a temporary traffic jam, while in reality our path to a GC has been blocked by a landslide.The backlogs will keep on growing till the authorities (lawmakers in our case) clear the road .. or the affected traffic takes an alternative route.
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modvik
05-25 12:12 AM
Thats a great idea. Could one of the moderators please do this. Raise the urgency on this so that some the dormant ones do it as well.
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donsimahajan
06-20 05:46 PM
The reason why EB2 India is moving so fast is because people with 2001 PDs are stuck in BECs. Once they come to apply for I-140/I-485, EB2 India PD will retrogress to 2001 again. So the progress you are watching is an illusion.
That's a good point. It will be terrible to see the dates retrogress again. There's no end to this.
Donsi
That's a good point. It will be terrible to see the dates retrogress again. There's no end to this.
Donsi
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wandmaker
10-30 12:19 PM
I heard walk-in is the best way to advance. ASC can accommodate, if they have low volume for the day
Is FP Prepone possible
If possible, can someone tell me if you had to call them in advance to go before your scheduled date for your FP. I am in a similar situation where I am travelling to India on 11/14 and the appointment is on 11/17. I do not want to postpone the appointment as it might take a long time to receive again.
If you had to call can some one tell me which number to call. All my receipts, EAD and appointment were received from TSC and the ASC field office is in Tampa, FL. If you did not have to call, then do we just go there in the morning and have our FP done. Any inputs appreciated.
Thanks
Govardhan
Is FP Prepone possible
If possible, can someone tell me if you had to call them in advance to go before your scheduled date for your FP. I am in a similar situation where I am travelling to India on 11/14 and the appointment is on 11/17. I do not want to postpone the appointment as it might take a long time to receive again.
If you had to call can some one tell me which number to call. All my receipts, EAD and appointment were received from TSC and the ASC field office is in Tampa, FL. If you did not have to call, then do we just go there in the morning and have our FP done. Any inputs appreciated.
Thanks
Govardhan
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srk49
12-26 01:11 PM
Hi,
I am a new member based in CT. I am glad I attended the december 25th meeting at Stamford, CT. Himanshu presided over the meeting and gave us lot of new information about what's going on in the immigration world and how Immigration Voice is helping out.
I think instead of fighting our battle alone if we come together and voice our problems there is a better likelihood of a positive outcome. Immigration voice can help us channelize our efforts and get the necessary immigration status.
I don't want to wait half my life getting my green card. Life is short and there is no guarantee about anything but I urge everyone affected to join this movement. We are in a capitalistic country and nothing ever happens without necessary funds so I urge you to please donate generously. If you never buy a lottery you can never win it . It's a bad analogy but I hope you get the point :)
I am a new member based in CT. I am glad I attended the december 25th meeting at Stamford, CT. Himanshu presided over the meeting and gave us lot of new information about what's going on in the immigration world and how Immigration Voice is helping out.
I think instead of fighting our battle alone if we come together and voice our problems there is a better likelihood of a positive outcome. Immigration voice can help us channelize our efforts and get the necessary immigration status.
I don't want to wait half my life getting my green card. Life is short and there is no guarantee about anything but I urge everyone affected to join this movement. We are in a capitalistic country and nothing ever happens without necessary funds so I urge you to please donate generously. If you never buy a lottery you can never win it . It's a bad analogy but I hope you get the point :)
more...
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bsbawa10
08-15 11:46 AM
I am going to Houston and will be ther all week next week. I am going to be very busy. Can somebody who is well versed with google spreadsheet take care of this data and moderate it. You will have to do things like:
1. Delete bogus data.
2. If somebody corrupts the data, then revert to previous revision
1. Delete bogus data.
2. If somebody corrupts the data, then revert to previous revision
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caforum2
06-19 07:32 AM
EAD has nothing to do with status. He is in legal status as long as his I-485 is filed and waiting to be decided by USCIS, even if his non immigrant visa expired. EAD is work permit and he can't work based on EAD filing but only on approved ead.
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dilipb
02-09 09:56 PM
PD should be current at the date of approval too.
Are you sure about this statement?
Can some more experienced members can back the above line.
Because as per current slow trend PD is never ever going to be current!
Are you sure about this statement?
Can some more experienced members can back the above line.
Because as per current slow trend PD is never ever going to be current!
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fearonlygod
11-14 08:56 AM
Hi
If i requre tha exp letter for i-140 stage then because my employer wont give that....can the client exp letter where i was working from day 1 work..also i hope i can get that from my projet manager and director at client...will this suffice?
If i requre tha exp letter for i-140 stage then because my employer wont give that....can the client exp letter where i was working from day 1 work..also i hope i can get that from my projet manager and director at client...will this suffice?
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Junky
10-24 11:21 AM
Dear Friends - I have a question and would appreciate your thoughts.
My father visited us for 6 months and I have a copy of his visa and passport notarized. What are the rest of the formalities (W7 form et al) that I should complete so I get some exemption? Or have my assumptions been wrong?
Yes, you can file him as dependent & you do not need his SSN. You have everything (notarized passport etc.), you have to file for ITIN number with IRS. I know lot of my friends did it (not of their own but they went through tax attorney)
My father visited us for 6 months and I have a copy of his visa and passport notarized. What are the rest of the formalities (W7 form et al) that I should complete so I get some exemption? Or have my assumptions been wrong?
Yes, you can file him as dependent & you do not need his SSN. You have everything (notarized passport etc.), you have to file for ITIN number with IRS. I know lot of my friends did it (not of their own but they went through tax attorney)
manderson
11-07 04:12 PM
Can anyone else have opinion on this?
regards,
Mittal Kapdi
u don't need to go for "visa stamping" to maintain status (know that status and visa are different)
notify the school of your change of status like the other guy/gal said. that's all you will need to do keep staying in the US legally.
....But if you want to travel while on H1, then yes: you need to go for "visa stamping".
regards,
Mittal Kapdi
u don't need to go for "visa stamping" to maintain status (know that status and visa are different)
notify the school of your change of status like the other guy/gal said. that's all you will need to do keep staying in the US legally.
....But if you want to travel while on H1, then yes: you need to go for "visa stamping".
reddymjm
03-17 02:01 PM
I am in same situation and had a meeting with my attorney to get more information, according to his experience with all his cases to date, he said there is 70 - 30 ratio, 70% have recieved rfe and 30% got approved without rfe. And after july fiasco he said it's better to wait for rfe and respond rather then ammending 485 application, now that's another question that my attorney will easily make it to top 10 list of all time worst attorneys. So I am looking for second opinion too.
So I would say wait till you get an RFE and respond ASAP.
So I would say wait till you get an RFE and respond ASAP.
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