arc
11-16 04:38 PM
If the name check is over and they can also assign a visa number to low hanging fruits and give out a GC... I don't know whether its linked to PD or Receipt Date because there were posts about EB2 05 getting GC...:confused:
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shana04
02-06 09:50 AM
I just wanted to bump this and get people's opinion on what paper work and other things we should be aware of by not changing the employers who sponsered our green card, but have applied for 485, have I-140 approved (180 days passed since I-140 approval and I-485 receipt dates) and received EAD/AP.
I guess lot of people are in this category. So far, the only advise I have seen is: Extend H1 instead of using EAD.
You have understand the pros and cons for H1 vs EAD
H1:
1. Expensive
2. If for some reason there is an RFE or for that matter any thing, you can always fall back on h1 and then fight for your case
3. if employer revokes I 140 in your case (it would not affect) but you know uscsis. so be careful and H1 helps
EAD:
1. Flexibility
2. more options
3. you can be out of status
4. no employer problems
5. if you have gap, when you extend. then you will be out of job
6. you cannot fall back on H1
so you need to decide.
good luck
I guess lot of people are in this category. So far, the only advise I have seen is: Extend H1 instead of using EAD.
You have understand the pros and cons for H1 vs EAD
H1:
1. Expensive
2. If for some reason there is an RFE or for that matter any thing, you can always fall back on h1 and then fight for your case
3. if employer revokes I 140 in your case (it would not affect) but you know uscsis. so be careful and H1 helps
EAD:
1. Flexibility
2. more options
3. you can be out of status
4. no employer problems
5. if you have gap, when you extend. then you will be out of job
6. you cannot fall back on H1
so you need to decide.
good luck
gc_on_demand
05-21 10:50 AM
Folks ...
IV needs more Non AOS filler members to work on any fix that will help non AOS filler. We need to come up with solid number and group to have solid campaign ( Including more funcding drive and participant for campaign ) . Plesae take a time and update poll. I also ask senior member including CORE leader to participate in poll. We non AOS filler are getting idea on how big our strength is and what can be done for next 6 months to get some sort of relief to this NON AOS FILLER as well as AOS filler.
IV needs more Non AOS filler members to work on any fix that will help non AOS filler. We need to come up with solid number and group to have solid campaign ( Including more funcding drive and participant for campaign ) . Plesae take a time and update poll. I also ask senior member including CORE leader to participate in poll. We non AOS filler are getting idea on how big our strength is and what can be done for next 6 months to get some sort of relief to this NON AOS FILLER as well as AOS filler.
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VickIowa
12-28 10:55 AM
I don't have the I-797A's I-94 which was attached to the bottom since I had to submit that in Jan 2009 when I'd visited India and come back to the US with H1-B stamping. I do have a copy of this I-797A's I-94...would giving this copy be better than not providing any at all? Thanks, Vick
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sidd
04-22 11:00 PM
My regular extension was approved in 1 week. I don't see any problem with genuine extensions.
english_august
07-09 08:18 PM
Guys - you can surely spend a couple of hours. And as a bonus, you might even see yourself on the evening news :D.
It's not often that we get to talk to so many media organizations at the same place - this is really a golden opportunity, please don't let it go by.
It's not often that we get to talk to so many media organizations at the same place - this is really a golden opportunity, please don't let it go by.
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student79
03-27 11:00 AM
Thanks so much bajjuri77.
One more question, If I need to add my parents also as a sponsor for the fee/expense for my wife, but they are in India how do I show there bank statement as that will be in Indian Rupees and what documents they I need to get from them to show to INS at the time of status change from H4 to F1.
One more question, If I need to add my parents also as a sponsor for the fee/expense for my wife, but they are in India how do I show there bank statement as that will be in Indian Rupees and what documents they I need to get from them to show to INS at the time of status change from H4 to F1.
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simple1
09-09 03:48 PM
A while back, I saw a post saying PD substitution doesn’t work smoothly most of the time (sorry, I dont remember the site).
I also heard (from another person) that for association with I485; the substituted PERM/labor must have an approved I140 that is not revoked or (labor) reassigned (to some one else). Not sure when AC21 180 day clock starts( for immunity from revoked I140). from I485 or from substitution date ?
Not sure if it is true.
I am july second 485 filer, filed with later PD(2007). Then an earlier (2004, my own) PD was substituted by lawyer last year which is now current on that 485 application.
I opened a SR last week, response to SR from USCIS told me they still have old (later) PD on file.So they cant allocate a visa to me.
Lawyer said he has confirmation from USCIS that USCIS will obey earlier 2004 PD(confirmation received last year!).
two contrary pieces of information from a govt agency!!
Anyone with similar experience
I am sick of this USCIS !
I also heard (from another person) that for association with I485; the substituted PERM/labor must have an approved I140 that is not revoked or (labor) reassigned (to some one else). Not sure when AC21 180 day clock starts( for immunity from revoked I140). from I485 or from substitution date ?
Not sure if it is true.
I am july second 485 filer, filed with later PD(2007). Then an earlier (2004, my own) PD was substituted by lawyer last year which is now current on that 485 application.
I opened a SR last week, response to SR from USCIS told me they still have old (later) PD on file.So they cant allocate a visa to me.
Lawyer said he has confirmation from USCIS that USCIS will obey earlier 2004 PD(confirmation received last year!).
two contrary pieces of information from a govt agency!!
Anyone with similar experience
I am sick of this USCIS !
more...
glores1970
09-23 12:06 PM
I am in the same boat, changed my mind to apply for AP in the last minute and mailed my application on Aug 16th, USPS messed it up and couldn't deliver it on Aug 17th, tried delivering it on 18th but didnt since offices were closed finally delivered it on 20th.
Now my AP application got rejected citing that I should have applied with new fee of $305 starting July 30th.
What is confusing is where does it says post marked by Aug 17th? I thought USCIS had to receive it by Aug 17th.
write the following on the envlope using marker
DO NOT OPEN IN THE MAIL ROOM
and address the package to director of the service center also include the evidance that you have applied when the visa bulliten is current
Thanks, pathmaker and averagedesi...i will resend the application according to your suggestions.
Now my AP application got rejected citing that I should have applied with new fee of $305 starting July 30th.
What is confusing is where does it says post marked by Aug 17th? I thought USCIS had to receive it by Aug 17th.
write the following on the envlope using marker
DO NOT OPEN IN THE MAIL ROOM
and address the package to director of the service center also include the evidance that you have applied when the visa bulliten is current
Thanks, pathmaker and averagedesi...i will resend the application according to your suggestions.
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Rajeev
02-26 04:47 PM
H4 visa holder can pursue their studies in US but they cannot work while studying.
he/she should stay in H4 visa if you filed (or want to file) I-485 based on your dependent's I-485 application because F1 visa holders are not eligible for I-485 dependent benefits and changing from H4 to F1 will cancel the I-485 application if he/she already filed based on dependent application.
so better to stay in H4 if you filed or want to file I-485 based on your dependent's application until you get GC.
My understanding is I-485 can include dependents on F1. Contact an attorney before making a decision.
he/she should stay in H4 visa if you filed (or want to file) I-485 based on your dependent's I-485 application because F1 visa holders are not eligible for I-485 dependent benefits and changing from H4 to F1 will cancel the I-485 application if he/she already filed based on dependent application.
so better to stay in H4 if you filed or want to file I-485 based on your dependent's application until you get GC.
My understanding is I-485 can include dependents on F1. Contact an attorney before making a decision.
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gc28262
03-09 11:41 AM
incorrect thought.
I-9 is a Employment Eligibility Verification form that stays with the Employer.
She is considered to be on an AOS status. nothing to be done.
This is my understanding.
when someone is on H1 status, employer is bound to pay him/her unless they have explicitly terminated the employment by a termination letter/H1 cancellation/Change of status/resignation letter from the employee.
How will USCIS know that the beneficiary has switched out of H1 status ?
I-9 is a Employment Eligibility Verification form that stays with the Employer.
She is considered to be on an AOS status. nothing to be done.
This is my understanding.
when someone is on H1 status, employer is bound to pay him/her unless they have explicitly terminated the employment by a termination letter/H1 cancellation/Change of status/resignation letter from the employee.
How will USCIS know that the beneficiary has switched out of H1 status ?
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s_r_e_e
11-26 05:29 PM
congrats..
I think, with attorney advicing you not to travel you should be able to convince the management about the need to cancel the trip for 'immigration emergency'
I think, with attorney advicing you not to travel you should be able to convince the management about the need to cancel the trip for 'immigration emergency'
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gcseeker2002
11-04 03:29 PM
Also thanks to the sleeping gowda(devegowda) family and congress party in karnataka for being so busy amassing massive amount of personal wealth and fighting with BJP that they gave up any interest to ask for the consulate in Bangalore.
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a_yaja
07-17 10:31 AM
To the best of my knowledge you can not file for AOS while you are on TN . To process your green card you have to switch to your H1B from TN and start your green card as any other national i.e file for your Labor certification, I-140 and then i-485 .This process is same like any other national. All the best.
You can file for AOS from any status. The only problem will be that you cannot renew your non-immigrant visa unless it is a dual intent visa like H1B, L or O.
Since you are a Canadian citizen, I am assuming that you don't actually have to get a H1 visa stamped on your passport (I may be wrong - check with your attorney). When you enter the US, you should be able to show all your documents for H1B approval (LCA application, approved petition, etc - I don't remember the entire list) and get an I-94 with H1B status and expiry date.
As far as AOS petition is concerned, I think it is considered adandoned unless you are on a valid H1 or L status. Since you are on TN status and you will be leaving the country on TN status, your application might be considered adandoned. You will have to talk to an attorney and find out if you can travel out of the country.
You can file for AOS from any status. The only problem will be that you cannot renew your non-immigrant visa unless it is a dual intent visa like H1B, L or O.
Since you are a Canadian citizen, I am assuming that you don't actually have to get a H1 visa stamped on your passport (I may be wrong - check with your attorney). When you enter the US, you should be able to show all your documents for H1B approval (LCA application, approved petition, etc - I don't remember the entire list) and get an I-94 with H1B status and expiry date.
As far as AOS petition is concerned, I think it is considered adandoned unless you are on a valid H1 or L status. Since you are on TN status and you will be leaving the country on TN status, your application might be considered adandoned. You will have to talk to an attorney and find out if you can travel out of the country.
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arihant
03-26 04:17 PM
Who are the guys making more than 250K? Why are they stuck in retrogression?
I am assuming that if you are salaried employee and making more than 250K, you should be at executive level qualified for EB1 visa - which is current for all countries.
These folks are most likely doctors...doctors salaries are in that range.
I am assuming that if you are salaried employee and making more than 250K, you should be at executive level qualified for EB1 visa - which is current for all countries.
These folks are most likely doctors...doctors salaries are in that range.
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dpp
02-06 09:01 PM
Whenever the H1 is transferred, H4 also has to be transferred.
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RamK
09-24 02:09 PM
Thanks for all your replies. Your information is helpful. I will talk to an attorney and will take a decision.
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eb3retro
06-30 10:05 PM
Eb3Retro, Did you sign G-28 initially for your (previous employer's) attorney to represent? if so how did you change the representation?
i have not changed attorney so far, just wanted to retain the same guy until i extend my EAD this time, (which is pending and awaiting results anytime soon) , once this is done, i am going to file G28 and self file AP myself. My attorney charges exorbitant fees for doing this, just for the safety sake, just for ead extn i used him...few more days and i will say thanks for all his services..
i have not changed attorney so far, just wanted to retain the same guy until i extend my EAD this time, (which is pending and awaiting results anytime soon) , once this is done, i am going to file G28 and self file AP myself. My attorney charges exorbitant fees for doing this, just for the safety sake, just for ead extn i used him...few more days and i will say thanks for all his services..
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uslegals
10-18 04:25 PM
Check with the attorney who has filed for 140. I guess the norm is that attorney also get RN and approval copies.
glores1970
09-22 08:25 AM
Hello,
Anybody has information to offer for such a case ?
Thanks.
Anybody has information to offer for such a case ?
Thanks.
HopefulNomad
12-19 02:09 PM
I just called Sen. Cornyn's office.
A person actually picks up. He will ask you for your zipcode.
I told him that I'm in support of his SKIL Bill.
And he says that he will pass it on to the Senator.
It is this simple. I hope all our members can also just quickly give him a call. It only takes a minute!:)
A person actually picks up. He will ask you for your zipcode.
I told him that I'm in support of his SKIL Bill.
And he says that he will pass it on to the Senator.
It is this simple. I hope all our members can also just quickly give him a call. It only takes a minute!:)