gc_nebraska
01-08 11:53 AM
Hi Guys this is my first post and my problem is kind of weird , I entered in the US in 2001 on B1 visa and immediately converted it F1 while I was on F1 I got a job offer and
I then converted to H1 didn't graduate and now am on EAD/AP (never traveled since I entered the country i.e. almost close 8 yrs ) and never out of status, my question Gurus :
1) Can I travel on AP ? Will I have problems at port of entry ( currently I just have my B1 visa stamp and nothing else).
2) Or do you'll think I'll hold on until I get my 1-485 is approved ?
3) recently we were blessed with a baby who was born in the US , do you'll think that would carry some weight when I talk to an IO?(port of entry)
Gurus ! Please suggest I know my story is kind of weird but I have a wedding in March. Your humble opinion is needed please.
I then converted to H1 didn't graduate and now am on EAD/AP (never traveled since I entered the country i.e. almost close 8 yrs ) and never out of status, my question Gurus :
1) Can I travel on AP ? Will I have problems at port of entry ( currently I just have my B1 visa stamp and nothing else).
2) Or do you'll think I'll hold on until I get my 1-485 is approved ?
3) recently we were blessed with a baby who was born in the US , do you'll think that would carry some weight when I talk to an IO?(port of entry)
Gurus ! Please suggest I know my story is kind of weird but I have a wedding in March. Your humble opinion is needed please.
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asiandude2
02-06 03:57 PM
My H1B and my wife's H4 visa were recently renewed for 3 additonal years. We also got new visas stamped in our passport valid for 3 years based on these H1B & H4 renewals.
Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
- do I need to submit an application for transfer (new I797) for my wife's H4 visa
- can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.
Thank you
Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
- do I need to submit an application for transfer (new I797) for my wife's H4 visa
- can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.
Thank you
desi485
11-11 01:04 PM
Priority Date Current: Curse or Boon ?
I am EB3 India applicant with PD of August 2001 (own not substitution). Have I 140 approved since November 2005 but was only able to file I 485 in June 2007. With same employer for 10 yrs and on 9th yr of H1.
Earlier this year my PD was correct for 2 months but didnt hear anything from USCIS. My PD is current again this Nov and Dec and havent heard anything yet. Called USCIS customer svc and they said cant do anything as processing date is not current (Yes and they are going by Notice date and not Received date for service request). Lawyer says just stay cool and wait. So USCIS has no logic and no order and all we can do is wait for our stars to be aligned and case getting picked up in a sweep. Other than that being current is a curse rather than a boon because
You can not get 3 yr H1 extension if PD is current (only 1 yr).
You can not get 2 yrs EAD if PD is current.
So those dying for PD to be current think again. Its no use having PD current if USCIS is going to be so random and haphazard. It may turn out to be a curse.
Read somewhere that AC21 can not be (or not advisable to) used when PD is current. Not sure how far is this true.
edit: Found one link: Portability Applies to I-485 Applicant without Current Priority Date
(http://www.ilw.com/articles/2006,0321-murthy.shtm)
I am EB3 India applicant with PD of August 2001 (own not substitution). Have I 140 approved since November 2005 but was only able to file I 485 in June 2007. With same employer for 10 yrs and on 9th yr of H1.
Earlier this year my PD was correct for 2 months but didnt hear anything from USCIS. My PD is current again this Nov and Dec and havent heard anything yet. Called USCIS customer svc and they said cant do anything as processing date is not current (Yes and they are going by Notice date and not Received date for service request). Lawyer says just stay cool and wait. So USCIS has no logic and no order and all we can do is wait for our stars to be aligned and case getting picked up in a sweep. Other than that being current is a curse rather than a boon because
You can not get 3 yr H1 extension if PD is current (only 1 yr).
You can not get 2 yrs EAD if PD is current.
So those dying for PD to be current think again. Its no use having PD current if USCIS is going to be so random and haphazard. It may turn out to be a curse.
Read somewhere that AC21 can not be (or not advisable to) used when PD is current. Not sure how far is this true.
edit: Found one link: Portability Applies to I-485 Applicant without Current Priority Date
(http://www.ilw.com/articles/2006,0321-murthy.shtm)
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Jerry2009
05-11 02:04 PM
desimass77, thanks a lot for your response! Congratulations on your loan approval.
My wife's school insists that AP document from USCIS is not a valid document unless it has been stamped by customs, which forces us to re-enter US :mad:
I will argue with school again. Thanks a lot for your information.
My wife's school insists that AP document from USCIS is not a valid document unless it has been stamped by customs, which forces us to re-enter US :mad:
I will argue with school again. Thanks a lot for your information.
more...
zdash
10-28 08:32 AM
As far as I know, your only options to get GC are:
-- DREAM ACT (which is not something you can control)
-- Marry a US Citizen (which obviously is something you can consider)
In the meantime, whatever you do, do not go out of the country.
Roseball,
I really appreciate your input and I think I know my situation pretty clear at this point. :)
-- DREAM ACT (which is not something you can control)
-- Marry a US Citizen (which obviously is something you can consider)
In the meantime, whatever you do, do not go out of the country.
Roseball,
I really appreciate your input and I think I know my situation pretty clear at this point. :)
mps
05-28 10:26 AM
Hi,
After reading about the pro's and cons of EAD e-file and paper based. I found that when you paper file I765, you DONOT get a fingerprinting notice and you DONT need to give FP. You will get your EAD directly. With e-file you dont send in the photos but u will have to go do the fingerprints and photo taken..
Can anyone confirm this?
Thanks.
I can confirm this based on recent chat with my attorney. Attorney e-filed my EAD without any photographs and I have already got FP notice in mail.
After reading about the pro's and cons of EAD e-file and paper based. I found that when you paper file I765, you DONOT get a fingerprinting notice and you DONT need to give FP. You will get your EAD directly. With e-file you dont send in the photos but u will have to go do the fingerprints and photo taken..
Can anyone confirm this?
Thanks.
I can confirm this based on recent chat with my attorney. Attorney e-filed my EAD without any photographs and I have already got FP notice in mail.
more...
ramus
07-06 10:43 AM
It is not easy to ask anything we like. Recapturing visa need bill in both house and senate. IV is working hard on many action items. Please start taking part in all action items asap.
Thanks for your support.
As part of Class action lawsuit can we ask for recapturing of all unused visa numbers? I believe the number is at least 300K, it covers the green cards for 2003, 2004 and 2005. 2006 can go with 2008 quota. So everyone will be happy.
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
Thanks for your support.
As part of Class action lawsuit can we ask for recapturing of all unused visa numbers? I believe the number is at least 300K, it covers the green cards for 2003, 2004 and 2005. 2006 can go with 2008 quota. So everyone will be happy.
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
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MLS
06-19 12:37 PM
I dont know exactly what is the issue here, but I have filed for EAD extentions 3 times in last three years and it was a very straight forward and easy process. We filed the extentions about 2 months before the expiration and got EADs and APs done in about a month.
I wanted to start this thread so we could get together a plan of action for victims of undue processing delays for EAD/AP. This is a very serious and upcoming issue and we would all be well served to pool ideas.
Here is what I have so far. Some ideas based on my experience and some on searching the web.
1) Apply for your EAD atleast 120 days ahead of the expiry of the current one(USCIS now reccomends 6mths ahead!) Yes you may lose time if they approve it early but atleast, you have the peace of mind and it gives you 30 days breathing space in case of RFE or to get an interim EAD.
2) Check for a LUD at or slightly after 80 days pending. Contact your lawyer at about this time for suggestions.
3) Schedule an infopass appointment for day 91. Ask for the interim EAD.
You can also call the regional service center if you wish.
4) Contact your congressman's office at about this time and ask for their assistance in expediting this request.
5) Fedex an application for an interim EAD the same day. Include a copy of your current EAD copy, your pending 485 on which the interim benefits are based and a copy of attendance at any recently done biometrics.
6) Consider talking with your employer to take a few days off while sorting this out.
If anyone has any additions to this checklist of items or suggestions/modifications. Let me know.
I wanted to start this thread so we could get together a plan of action for victims of undue processing delays for EAD/AP. This is a very serious and upcoming issue and we would all be well served to pool ideas.
Here is what I have so far. Some ideas based on my experience and some on searching the web.
1) Apply for your EAD atleast 120 days ahead of the expiry of the current one(USCIS now reccomends 6mths ahead!) Yes you may lose time if they approve it early but atleast, you have the peace of mind and it gives you 30 days breathing space in case of RFE or to get an interim EAD.
2) Check for a LUD at or slightly after 80 days pending. Contact your lawyer at about this time for suggestions.
3) Schedule an infopass appointment for day 91. Ask for the interim EAD.
You can also call the regional service center if you wish.
4) Contact your congressman's office at about this time and ask for their assistance in expediting this request.
5) Fedex an application for an interim EAD the same day. Include a copy of your current EAD copy, your pending 485 on which the interim benefits are based and a copy of attendance at any recently done biometrics.
6) Consider talking with your employer to take a few days off while sorting this out.
If anyone has any additions to this checklist of items or suggestions/modifications. Let me know.
more...
lifestrikes
06-03 05:18 PM
Refer to Page 5 of Neufled Memo (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf)
It shows self employment and H1B cannot prove employer-employee relationship.
>>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.
It shows self employment and H1B cannot prove employer-employee relationship.
>>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.
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ArunAntonio
08-21 08:07 PM
Cant make it to the DC rally?
Sponsor someone else to represent you.
Please vote -- > http://immigrationvoice.org/forum/sh...ad.php?t=12441
Sponsor someone else to represent you.
Please vote -- > http://immigrationvoice.org/forum/sh...ad.php?t=12441
more...
gc_on_demand
01-05 12:44 PM
seems like it. A lot of people seem to be doing it which is why EB2 is not moving fast enough
there were 400k application pending for AOS as of last year. 50% Eb3 would make them 200k..
can anyone know how much of 200k ported to Eb2 ? if no is above 50k then its an issue. under less than 50k will justify by slow economy and new labor rule ( no more Eb2 for Software Engineer ).
there were 400k application pending for AOS as of last year. 50% Eb3 would make them 200k..
can anyone know how much of 200k ported to Eb2 ? if no is above 50k then its an issue. under less than 50k will justify by slow economy and new labor rule ( no more Eb2 for Software Engineer ).
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jsb
11-01 12:24 PM
I'm from ROW, my spouse and me both have EAD and AP. But our I-485 is pending. My spouse isn't working but would be travelling to Germany next year while I won't be travelling with her.
1. Is a good idea just to apply only EAD renewal for me and AP for her to save some bucks?
2. How soon will the service center accept the renewal applications before they expire?
3. What if I file these renewal by myself and don't use a lawyer. Will it make a difference?
4. What paper work do I need to submit with my applications for renewal either by online or manual?
5. What are the implications of not having to apply EAD for my spouse. Is she going to be out of status once her EAD expire?
Experts please advice.
It is better to keep EAD and AP current, instead of letting them expire to save a few bucks. Renewing something expired raises eyebrows. Renewal instructions come with EAD and AP. There is no need of a lawyer. Renewals are simple process.
1. Is a good idea just to apply only EAD renewal for me and AP for her to save some bucks?
2. How soon will the service center accept the renewal applications before they expire?
3. What if I file these renewal by myself and don't use a lawyer. Will it make a difference?
4. What paper work do I need to submit with my applications for renewal either by online or manual?
5. What are the implications of not having to apply EAD for my spouse. Is she going to be out of status once her EAD expire?
Experts please advice.
It is better to keep EAD and AP current, instead of letting them expire to save a few bucks. Renewing something expired raises eyebrows. Renewal instructions come with EAD and AP. There is no need of a lawyer. Renewals are simple process.
more...
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h4hopeful
04-06 04:30 PM
I am new and just discovered this thread, regarding the Talent Bill that if passed, among other benefits will let H-4s work. Anyone knows who is promoting it and who we can to make sure it is considered and debated? Thanks.
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hopelessGC
08-18 04:26 PM
Hi All,
Please let me know, based on your personal experience, Does Change of Address 'triggers' an RFE from USCIS????
I recently found a project (after many months) and am working for this new employer on EAD. However, I have not vacated my old apt....still paying rent and keeping it as my current one, and sharing accommodation with others in the new city where I am working....because of the only reason that I fear, which is an RFE.
Please let me know.
Thanks.
This topic has been discussed a lot in this forum. It helps to do a search before starting a new thread.
I recently changed my address via online AR-11 and no RFE so far. My change of address was within the same zip code though.
AR-11 is mandatory so please file it.
Please let me know, based on your personal experience, Does Change of Address 'triggers' an RFE from USCIS????
I recently found a project (after many months) and am working for this new employer on EAD. However, I have not vacated my old apt....still paying rent and keeping it as my current one, and sharing accommodation with others in the new city where I am working....because of the only reason that I fear, which is an RFE.
Please let me know.
Thanks.
This topic has been discussed a lot in this forum. It helps to do a search before starting a new thread.
I recently changed my address via online AR-11 and no RFE so far. My change of address was within the same zip code though.
AR-11 is mandatory so please file it.
more...
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raj2007
06-23 09:31 AM
My lawyer have said that I need to submit last year's tax return.
USCIS can ask for previous tax return any time. you maynot have tofile now but better to clean that. refile 1040X and pay the taxes and interst. you will be fine. IRS is good if you accept your mistake instead of catching you later.
USCIS can ask for previous tax return any time. you maynot have tofile now but better to clean that. refile 1040X and pay the taxes and interst. you will be fine. IRS is good if you accept your mistake instead of catching you later.
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gauravsh
05-04 09:52 AM
Not sure as to "how long" but AFAIK , but when a person doesnt work in the same location as mentioned in LCA of H1B, an amendment needs to be filed. I would talk to a reliable attorney.
Thanks for the reply. I am planning to maintain a address at location where my LCA belongs to. I want to know If I work for say 4-5 months from India on US payroll will there be any issues on reentering US?
Thanks for the reply. I am planning to maintain a address at location where my LCA belongs to. I want to know If I work for say 4-5 months from India on US payroll will there be any issues on reentering US?
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GCwaitforever
05-28 09:28 AM
According to USCIS, finger prints expire within 15 months. So if you received an EAD after filing for I-485, technically USCIS should not ask for your fingerprints during the 1-year EAD renewal. For the second EAD renewal, it is valid.
Asking for FP during e-filing is a process inefficiency for USCIS and unnecessarily delays the application adjudication. For some reason, USCIS is not able to identify that you still have valid finger prints filed last year during the e-filing. Please raise this issue with Ombudsman.
Asking for FP during e-filing is a process inefficiency for USCIS and unnecessarily delays the application adjudication. For some reason, USCIS is not able to identify that you still have valid finger prints filed last year during the e-filing. Please raise this issue with Ombudsman.
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DSLStart
12-17 11:53 AM
Congrats man!
hame aam khane se matlab hain, guthli ginney se matlab nahin ... ;-)
Ladies and Gentlemen,
As a EB2-India hopeful I was Current in Aug/Sept 2008, and had a 99.9% of hope of getting approval. However, they did nothing then though many with a lot lower (later) PD's and RD's were approved.
Now suddenly, I got several sets of emails with "Card production ordered", "Approval notice sent" and "Wecome as a New permanent resident" messages (some more than one with same message).
So, may be USCIS is not following any PD dates announced in Visa Bulletins, but this time for good. Ironically, I also got emails on my AP approval, which is dated a day later than GC approval. Sequence of LUDs is - AP received 11/11 with a soft LUD on 12/10, I-485 approval on 12/11, AP approval on 12/12. Got another set of emails today with similar contents as in emails dated 12/11.
Perhaps a lot is going on to clear old cases. Have hopes, and do something so that your file comes to someone's attention. ....Best to all....
hame aam khane se matlab hain, guthli ginney se matlab nahin ... ;-)
Ladies and Gentlemen,
As a EB2-India hopeful I was Current in Aug/Sept 2008, and had a 99.9% of hope of getting approval. However, they did nothing then though many with a lot lower (later) PD's and RD's were approved.
Now suddenly, I got several sets of emails with "Card production ordered", "Approval notice sent" and "Wecome as a New permanent resident" messages (some more than one with same message).
So, may be USCIS is not following any PD dates announced in Visa Bulletins, but this time for good. Ironically, I also got emails on my AP approval, which is dated a day later than GC approval. Sequence of LUDs is - AP received 11/11 with a soft LUD on 12/10, I-485 approval on 12/11, AP approval on 12/12. Got another set of emails today with similar contents as in emails dated 12/11.
Perhaps a lot is going on to clear old cases. Have hopes, and do something so that your file comes to someone's attention. ....Best to all....
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Lasantha
02-20 11:09 AM
I would think No too.
Dear All..need expert guidance on my situation.
1) Company A. Approved I-140 and LC for more than 6 months in 2006
2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.
3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?
I assume answer is No but thought I will get some expert guidance.
Thanks for your help
Dear All..need expert guidance on my situation.
1) Company A. Approved I-140 and LC for more than 6 months in 2006
2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.
3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?
I assume answer is No but thought I will get some expert guidance.
Thanks for your help
rangaswamy
06-20 08:10 PM
Has any one here changed their maiden name or their spouses maiden name in the US? I heard that it takes 1 week if one hands over passport and documents in person. I plan to go to SFO CGi to get this done before filing I-485 on Jul 1st.
I recently got married and did not have time in India to change the name.
Any experiences/advise is appreciated. My apologies if this is already discussed in previous threads.
thanks
Anand
I recently got married and did not have time in India to change the name.
Any experiences/advise is appreciated. My apologies if this is already discussed in previous threads.
thanks
Anand
sk.aggarwal
07-23 10:45 AM
Moonrah,
I am in exact same situation as you. My 5 yrs on H1 are completing on December 2009 and have around 4 months outside US. We are expecting lay offs in a month or two, I am planning to wait it out and use this time to prepare for the interviews. I reached out to couple of consultants to do my GC as future employee but could not find any one. If anyone knows of someone who can help me please suggest.
Thanks
I am in exact same situation as you. My 5 yrs on H1 are completing on December 2009 and have around 4 months outside US. We are expecting lay offs in a month or two, I am planning to wait it out and use this time to prepare for the interviews. I reached out to couple of consultants to do my GC as future employee but could not find any one. If anyone knows of someone who can help me please suggest.
Thanks
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