jthomas
04-08 04:09 PM
I guess EAD is personal property not employer property. I had filled my I-485, EAD and AP and my employer does not even know it. On top of it i had completed 180 days and moving to another job.
Are you in H1B or EAD. If in EAD you have to renew it yourself the employer has nothing on your EAD.
Are you in H1B or EAD. If in EAD you have to renew it yourself the employer has nothing on your EAD.
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ragool25
08-30 05:36 PM
Thanks mhathi for your response.
How long ( no of days) does the USCIS California center takes to decide the case for Fresh H1( F1- H1) RFE after requested documents were submitted before deadline under premium processing category.
How long ( no of days) does the USCIS California center takes to decide the case for Fresh H1( F1- H1) RFE after requested documents were submitted before deadline under premium processing category.
eucalyptus.mp
06-19 12:32 PM
My Client due to some reasons unable to offer fulltime position . But they are extending my project bt 2- 2 months . Now they extended till Aug 2009 . My visa is expiring in sep 2009 .
Should I ask my employer to file extention Now ? or should I file in August ?
Should I ask my employer to file extention Now ? or should I file in August ?
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raysaikat
07-08 10:39 PM
but we sent out the application package on June 28 (Friday) and the USCIS received our package on July 1st (Based on the Fedex tracking record). There is no way that my employer can refer to the new prevailing wage databse, which is released on July 1st.
Well, technically your employer is not supposed to set the wage based on the prevailing wage (or any other immigration related number). Your wage should be based on the job you perform.
Well, technically your employer is not supposed to set the wage based on the prevailing wage (or any other immigration related number). Your wage should be based on the job you perform.
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prasadn
06-30 12:06 PM
Hi Friends,
I am a green card holder, becoming eligible for citizenship in April 2009. My fianc�e has been in the US for the past 2 plus years on F1. She completes her MS in December this year .We plan to visit our home country in August this year and get married. I thought this was a relatively uncomplicated case till I read in some forum recently that marriage to a permanent resident can be a barrier to being admitted to the U.S. in F-1 status. This is because such a marriage obliterates the "non-immigrant" intent required for F-1 entrants. This could very easily jeopardize her plan to re-enter in F-1 status.
Any thoughts or advice on this? Appreciate all the help.
Thanks a lot.
It is better to register you marriage here in the US, appy for your spouse Adjustment of status and travel on AP to your home country to get married. The other choice is to wait till you become a citizen and then get married.
I am a green card holder, becoming eligible for citizenship in April 2009. My fianc�e has been in the US for the past 2 plus years on F1. She completes her MS in December this year .We plan to visit our home country in August this year and get married. I thought this was a relatively uncomplicated case till I read in some forum recently that marriage to a permanent resident can be a barrier to being admitted to the U.S. in F-1 status. This is because such a marriage obliterates the "non-immigrant" intent required for F-1 entrants. This could very easily jeopardize her plan to re-enter in F-1 status.
Any thoughts or advice on this? Appreciate all the help.
Thanks a lot.
It is better to register you marriage here in the US, appy for your spouse Adjustment of status and travel on AP to your home country to get married. The other choice is to wait till you become a citizen and then get married.
gc_check
07-01 08:42 AM
It is possible this can occur, but rare, A while back there was an article @ Murthy's website on this. They have to check with their Attorney to ensure there is no other issue in future. It depends on when the application was adjucated, whether prior to retrogression or not. The communication can be at a later date
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aadimanav
06-03 12:36 AM
This bill is dead.
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lecter
April 3rd, 2005, 06:30 AM
the first one has more zing (IMO)
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psnycgirl
03-08 03:43 PM
Both my husband and I have been using our AP for traveling for the last few years and he uses his EAD for his job. So trying to say that we don't use our H visas but his employers renew them anyway when its time to renew.
Our H visas are about to expire this week and the lawyers sent in the extension paperwork to INS in December. Somehow we never really followed up and recently realized that somehow my husband's H1 application either never reached there or got misplaced since they only sent my H4 receipt even though both were fedexed in the same envelope. His employers are going to file again.
Now we are planning to travel next month. So here are my questions:
1. Can we travel with our applications pending?
2. If INS considers our applications abandoned if we travel, does it make a difference, especially because we don't use our H status for either work or travel?
3. The lawyers are suggesting expedited/premium processing for my husband. How long does it tae these days (Vermont center) and can my H4 be filed along too even though one is pending since December (and I think it will remain pending forever because it has no corresponding H1 so how will they approve the H4)?
Thanks!
Our H visas are about to expire this week and the lawyers sent in the extension paperwork to INS in December. Somehow we never really followed up and recently realized that somehow my husband's H1 application either never reached there or got misplaced since they only sent my H4 receipt even though both were fedexed in the same envelope. His employers are going to file again.
Now we are planning to travel next month. So here are my questions:
1. Can we travel with our applications pending?
2. If INS considers our applications abandoned if we travel, does it make a difference, especially because we don't use our H status for either work or travel?
3. The lawyers are suggesting expedited/premium processing for my husband. How long does it tae these days (Vermont center) and can my H4 be filed along too even though one is pending since December (and I think it will remain pending forever because it has no corresponding H1 so how will they approve the H4)?
Thanks!
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martinvisalaw
09-28 09:49 PM
Your mother must rely on the I-94 and file an extension if she wants to stay more than 3 months. The extension can be filed any time before the I-94 expires.
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RNGC
02-09 05:23 PM
Hello NC-ians,
I recently moved to NC, Used AP to for travel and the stamp in the I-94 says AP valid till May 2009, Have a approved I-797 H1 till 2011, also have EAD valid till 2010, what do they need to issue new license from outofstate person ?
Please share your experience.
Thanks,
I recently moved to NC, Used AP to for travel and the stamp in the I-94 says AP valid till May 2009, Have a approved I-797 H1 till 2011, also have EAD valid till 2010, what do they need to issue new license from outofstate person ?
Please share your experience.
Thanks,
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shreekarthik
07-01 07:25 PM
I had expected some kind of outlook from the recent AILA - DoS liaison that happened in San Antonio. Both Matthew Oh and Sheela Murthy did not report any outlook. But here's an outlook from another lawyer
http://www.gtlaw.com/practices/immi.../2006/06/27.htm
Immigration News Flash
June 27, 2006
Further Retrogression for Employment-Based Immigrant Visas Anticipated
At a recent immigration conference in San Antonio, it was reported that the Department of State ("DOS") expects that the EB1 China category will remain current and the EB2 China category to continue advancing. On a less positive note, further delays in the EB1 and EB2 categories for Indian nationals is expected as well as the EB3 category for all nationalities. With the Department of Labor's optimistic projection that the the Backlog Elimination Centers will meet their goal of eliminating its backlog and processing the remaining labor certifications filed pre-PERM implementation by September 2007, the DOS expects severe retrogression in many of the categories, particularly the EB3 categories - across the board. While this report is pure speculation, it does spark concern that applicants will be facing further delays in the permanent residence process. The DOS' Visa Bulletin is released on a monthly basis at http://travel.state.gov/visa/frvi/b...letin_1770.html. Greenberg Traurig will continue to monitor this issue and provide further updates as soon as they are available.
Looks like it's a long haul for EB3 in general and could be punishing for EB3-IND and EB2-IND.
This is the effect of increasing the H1B quota to 115,000 for 2 years and then to 195000 in 1 year without actually increasing the GC quota.
Good luck to all of us. Those who are in late 2001 and early 2002 EB3-IND filers can hope to get relief in the next year or so but unless some bill passes other EB3-IND filers should possibly work towards Plan B. Also read the report by USCIS ombudsman. It's quite revealing about the working of USCIS. This country might be technologically advanced but it's bureaucracy seems to be much worse than third world countries comparitively.
http://www.gtlaw.com/practices/immi.../2006/06/27.htm
Immigration News Flash
June 27, 2006
Further Retrogression for Employment-Based Immigrant Visas Anticipated
At a recent immigration conference in San Antonio, it was reported that the Department of State ("DOS") expects that the EB1 China category will remain current and the EB2 China category to continue advancing. On a less positive note, further delays in the EB1 and EB2 categories for Indian nationals is expected as well as the EB3 category for all nationalities. With the Department of Labor's optimistic projection that the the Backlog Elimination Centers will meet their goal of eliminating its backlog and processing the remaining labor certifications filed pre-PERM implementation by September 2007, the DOS expects severe retrogression in many of the categories, particularly the EB3 categories - across the board. While this report is pure speculation, it does spark concern that applicants will be facing further delays in the permanent residence process. The DOS' Visa Bulletin is released on a monthly basis at http://travel.state.gov/visa/frvi/b...letin_1770.html. Greenberg Traurig will continue to monitor this issue and provide further updates as soon as they are available.
Looks like it's a long haul for EB3 in general and could be punishing for EB3-IND and EB2-IND.
This is the effect of increasing the H1B quota to 115,000 for 2 years and then to 195000 in 1 year without actually increasing the GC quota.
Good luck to all of us. Those who are in late 2001 and early 2002 EB3-IND filers can hope to get relief in the next year or so but unless some bill passes other EB3-IND filers should possibly work towards Plan B. Also read the report by USCIS ombudsman. It's quite revealing about the working of USCIS. This country might be technologically advanced but it's bureaucracy seems to be much worse than third world countries comparitively.
more...
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americandesi
09-06 05:22 PM
Hi Guru's Kindly Respond. If I do this will there be any impact on my 485 Petition process?
Refer http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=970596981298d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
Refer http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=970596981298d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
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va_dude
02-04 01:04 PM
I think in many ways its advisable to not leave the country until you actually have the approved AP in your hand.
In this case i guess the folks got a bit lucky. The officers at the POE would have to really dig deep into your case details and compare all sorts of dates to probably determine that you left US before you got your AP.
I doubt there is anything that automatically cancels or abandons your application if you travel prior to receiving the AP approval notice.
just my 2 cents.
In this case i guess the folks got a bit lucky. The officers at the POE would have to really dig deep into your case details and compare all sorts of dates to probably determine that you left US before you got your AP.
I doubt there is anything that automatically cancels or abandons your application if you travel prior to receiving the AP approval notice.
just my 2 cents.
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ChainReaction
02-19 11:02 AM
As far as I know priority date can ony be transfered when the I-140 is approved. Go ahead and get both I-140 approved and use the earlier date towards the new one at the time of filing of I-485.
Thanks for the reply
Thanks for the reply
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vijay1974
09-11 01:14 PM
Rally shoud emphasize that its not for increase in any H1B visa but to provide relief for people who are going through AOS to cut down the amount of time whole adjustment process takes.
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pod1
10-21 12:42 AM
I am in 6th year of my H1B. It is expiring in Aug 2011.
Here are some details:
- My I-140 is approved with a priority date of Aug 2006 under EB2-India.
- I did not apply for I-485 so I do not have a EAD.
- My wife is also on H1B which expires in Aug 2012.
Here are my questions:
1) If I apply for H1B extension in July 2011 under regular processing and assuming it takes 4-5 months for USCIS to process the application, can I still continue to work? For how many days can I work if visa renewal is still in processing after the visa has expired.
2) If I get a denial of H1B extension do I become out of status from the date of denial or from the day H1B got expired?
3) If I get a denial of H1B extension can I immediately apply for H4 as a dependent to my wife's visa without any issues?
4) If I get a denial of H1B extension, what happens to my I-140? Is it automatically invalid?
5) If I do convert to H4 status and my priority date becomes current can I apply for I-485?
Here are some details:
- My I-140 is approved with a priority date of Aug 2006 under EB2-India.
- I did not apply for I-485 so I do not have a EAD.
- My wife is also on H1B which expires in Aug 2012.
Here are my questions:
1) If I apply for H1B extension in July 2011 under regular processing and assuming it takes 4-5 months for USCIS to process the application, can I still continue to work? For how many days can I work if visa renewal is still in processing after the visa has expired.
2) If I get a denial of H1B extension do I become out of status from the date of denial or from the day H1B got expired?
3) If I get a denial of H1B extension can I immediately apply for H4 as a dependent to my wife's visa without any issues?
4) If I get a denial of H1B extension, what happens to my I-140? Is it automatically invalid?
5) If I do convert to H4 status and my priority date becomes current can I apply for I-485?
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eb3retro
09-15 01:39 PM
Please update your profile.
Applying AP second time....
Application submitted online - 09/09
Possible RFE date - 09/10 ( I didn't check)
9/11 and 9/12 (weekends)
Supporting document received by USCIS - 9/13 (Morning)
Checked the status on 09/14/2010 - The current status is - Request for Evidence Response Review
---------------------------------------------------------------
On September 13, 2010, we received your response to our request for evidence. This case is being processed at our NEBRASKA SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address .......
---------------------------------------------------------------
Soft LUD on 9/14 and 9/15
Not sure if they issued an RFE or just changed the status. I have just submitted the supporting document after E-File.
Anyone is similar situation?
Applying AP second time....
Application submitted online - 09/09
Possible RFE date - 09/10 ( I didn't check)
9/11 and 9/12 (weekends)
Supporting document received by USCIS - 9/13 (Morning)
Checked the status on 09/14/2010 - The current status is - Request for Evidence Response Review
---------------------------------------------------------------
On September 13, 2010, we received your response to our request for evidence. This case is being processed at our NEBRASKA SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address .......
---------------------------------------------------------------
Soft LUD on 9/14 and 9/15
Not sure if they issued an RFE or just changed the status. I have just submitted the supporting document after E-File.
Anyone is similar situation?
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pbojja
10-19 10:26 AM
Hello,
I had seen no issues travelling wih out receipt notice . But I got my H1 stamped till 2010 . I received my receipts yesterday and I know some one who received EADs after travelling to India with out receipts . Remember this is only my personal expereince and not sure if this is a standard .
I had seen no issues travelling wih out receipt notice . But I got my H1 stamped till 2010 . I received my receipts yesterday and I know some one who received EADs after travelling to India with out receipts . Remember this is only my personal expereince and not sure if this is a standard .
miguy
08-27 11:29 AM
Friends,
Does anyone know if people who've filed for I-485 can claim unemployment insurance?......The client where I was working cancelled my project due to budget cuts :(....I was wondering if I can claim unemployment till I find a new job. Does any one know any non-desi companies hiring in the Michigan, Ohio, Illinois or Midwest in general?.....I am PMI certified Project Manager with J2EE background. Any prompt help would be highly appreciated.
Does anyone know if people who've filed for I-485 can claim unemployment insurance?......The client where I was working cancelled my project due to budget cuts :(....I was wondering if I can claim unemployment till I find a new job. Does any one know any non-desi companies hiring in the Michigan, Ohio, Illinois or Midwest in general?.....I am PMI certified Project Manager with J2EE background. Any prompt help would be highly appreciated.
d123
09-25 11:40 AM
inputs are valuable..
