eagerr2i
08-29 04:11 PM
I had asked this question to the immigration lawyer at IV. She said that if you are working for the same company at their offices aboard & go for Consular Processing ( it is the only option as you can not go 485 route) it should be just fine. However, if the company that you are working for when you are abroad and the company that did your GC are not the same thenit is almost impossible to prove that the job exists when you arrive in USA after CP.
gc_check
01-07 09:34 AM
Well, last week was a short business week prior to new year. If you had you interview on 30th, then just one more business day prior to the new year and I doubt they did a lot on 31th and are back to work this week. Might be dealyed due to administration process. You might get in couple days.
ImmigrationAnswerMan
07-08 10:37 PM
Anil:
Yes your company can file an H-1B for you even if you choose to appeal the denial of the L petition.
You will continue to be in Unlawful Presence while your L appeal is pending. If the appeal is denied and you have accrued more than 180 days of unlawful presence you will not be able to leave and apply for a new visa abroad.
I cannot answer the questions of whether you should appeal the L or whether you would be eligible for an H-1B without having a full consultation with you and seeing all your documents.
Yes your company can file an H-1B for you even if you choose to appeal the denial of the L petition.
You will continue to be in Unlawful Presence while your L appeal is pending. If the appeal is denied and you have accrued more than 180 days of unlawful presence you will not be able to leave and apply for a new visa abroad.
I cannot answer the questions of whether you should appeal the L or whether you would be eligible for an H-1B without having a full consultation with you and seeing all your documents.
n2b
04-17 02:13 PM
I thought if you invoked your AC21 - you hopped on to the pending-immigrant boat leaving the non-immigrant boat altogether ... and that boat is now gone ...
To get back to a non-immigrant boat .. you may have to get a new one ... but in that case you'll have to show your intent of non-permanent stay in the US ... which your 485 would contradict anyways ...
A better option would be to have your legs in both the boats for as long as possible - i.e. transfer your H1 (and not get on to your EAD) while your 485 is still pending.
I may be wrong .. but this is how i perceive it
Peace.
H1B is dual intent so even if I go back on H1B I can still keep intentions to immigrate right?
To get back to a non-immigrant boat .. you may have to get a new one ... but in that case you'll have to show your intent of non-permanent stay in the US ... which your 485 would contradict anyways ...
A better option would be to have your legs in both the boats for as long as possible - i.e. transfer your H1 (and not get on to your EAD) while your 485 is still pending.
I may be wrong .. but this is how i perceive it
Peace.
H1B is dual intent so even if I go back on H1B I can still keep intentions to immigrate right?
more...
hi_mkg
05-08 03:43 PM
Thanks Prashanthi for the help. I'll ask my brother to talk to his attorney about 245K option.
With warm regards,
hi_mkg
With warm regards,
hi_mkg
octoberbloom
01-11 06:59 PM
We are seeing several of these kind of posts these days. Many people come up with questions for using AC21.
Joining an employer is not a overnight decision.
You should wait with patience before taking these kind of decisions.
It might ruin your whole GC process.
Every single creature in this world cries and fights for its freedom.
But, dont think of using AC21 unless you dont have an option to use it or in a situation of getting fired.
Whole GC process is a test for patience. And we all can wih this GC one day.
Joining an employer is not a overnight decision.
You should wait with patience before taking these kind of decisions.
It might ruin your whole GC process.
Every single creature in this world cries and fights for its freedom.
But, dont think of using AC21 unless you dont have an option to use it or in a situation of getting fired.
Whole GC process is a test for patience. And we all can wih this GC one day.
more...
thesparky007
04-21 08:01 PM
no word from k-man?
Ramba
09-17 06:53 PM
My PD is July 2004,
RD July 2, 2007 - NSC
ND : Aug 9, 2007
I-140 (EB2) approved in Nov 2006 (Single I140)
NC Cleared Oct 2007
Biometrics Updated by USCIS on Feb 2009
Case Preajudicated on Apr 13 2009 after response to EVL Rfe received by USCIS.
Last slud on Apr 14, 2009.
I opened SR's on 3rd Sept 2009 to check the status of my I-485 and got a disturbing email that I am in EB3 category and visa not available. Opened another SR to clarify this but did not get proper reply. Also they said they cannot correct the EB category.
Went for an infopass today and the IO told that my current EB classification is E37 and my spouse as E39. This means that I am in EB3. (See GC codes - GREEN CARD CATEGORY CODES (http://www..com/usa-discussion-forums/i485-eb/125892951/green-card-category-codes))
?
Look a like USCIS has put me in incorrect EB classfication. My Attorney said he will write to USCIS but I wanted to know if I can do anything to get this corrected.
I wanted to know if anyone faced similar issue and how to fix this .
Is there a normal/expedited way to contact USCIS-NSC to correct this type of issues?
Because of this mistake I am seriously affected and losing precious time when the dates for EB2 are current.
PLEASE HELP.:confused: :mad:
what does your I-140 approval notice say? Have you showed the I-140 notice to IO at infopass?
RD July 2, 2007 - NSC
ND : Aug 9, 2007
I-140 (EB2) approved in Nov 2006 (Single I140)
NC Cleared Oct 2007
Biometrics Updated by USCIS on Feb 2009
Case Preajudicated on Apr 13 2009 after response to EVL Rfe received by USCIS.
Last slud on Apr 14, 2009.
I opened SR's on 3rd Sept 2009 to check the status of my I-485 and got a disturbing email that I am in EB3 category and visa not available. Opened another SR to clarify this but did not get proper reply. Also they said they cannot correct the EB category.
Went for an infopass today and the IO told that my current EB classification is E37 and my spouse as E39. This means that I am in EB3. (See GC codes - GREEN CARD CATEGORY CODES (http://www..com/usa-discussion-forums/i485-eb/125892951/green-card-category-codes))
?
Look a like USCIS has put me in incorrect EB classfication. My Attorney said he will write to USCIS but I wanted to know if I can do anything to get this corrected.
I wanted to know if anyone faced similar issue and how to fix this .
Is there a normal/expedited way to contact USCIS-NSC to correct this type of issues?
Because of this mistake I am seriously affected and losing precious time when the dates for EB2 are current.
PLEASE HELP.:confused: :mad:
what does your I-140 approval notice say? Have you showed the I-140 notice to IO at infopass?
more...
Sreeshankar
01-25 08:42 AM
Hello friends;
Need some information on studies while on EAD. I am a EB3 (Aug 2004) and so my daughter too. She is in final year of her graduation and applying for Med schools after a competitive score in MCATs. Got a rejection from Arkansas college as she is not a GC holder yet. So I was wondering if anyone studying medicine on EAD?
Most of the colleges wont say about eligibility while applying and the application does not have a immigration category for AOS, it has Dependent, F1, GC and others. We had to go with Others option, ofcourse specified about AOS in rermarks.
Thanks in advance for sharing any information
Venu
Greetings,
Please read the information in the link (from Attorney Murthy forum) below. There are some pointers/indications in it. ( I truly hope I have not infringed any copy right or rules of posting the link here).
which medical school in USA gives admission while 485 pending? - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=3711022771)
Need some information on studies while on EAD. I am a EB3 (Aug 2004) and so my daughter too. She is in final year of her graduation and applying for Med schools after a competitive score in MCATs. Got a rejection from Arkansas college as she is not a GC holder yet. So I was wondering if anyone studying medicine on EAD?
Most of the colleges wont say about eligibility while applying and the application does not have a immigration category for AOS, it has Dependent, F1, GC and others. We had to go with Others option, ofcourse specified about AOS in rermarks.
Thanks in advance for sharing any information
Venu
Greetings,
Please read the information in the link (from Attorney Murthy forum) below. There are some pointers/indications in it. ( I truly hope I have not infringed any copy right or rules of posting the link here).
which medical school in USA gives admission while 485 pending? - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=3711022771)
srikondoji
08-10 11:43 AM
>>This is true. That said, if you transfer from one office/department to >>another office/department within the same employer, you can count the 5 >>years experience as long as these two offices/departments are using two >>different Tax Id for your W-2. This is what our lawyers told us.
Wow. This is news to me?
How can an employee get two different tax-ids if he is shifting departments and still is in same country?
Thanks for the info. This piece of info few months ago would have made my life.
Wow. This is news to me?
How can an employee get two different tax-ids if he is shifting departments and still is in same country?
Thanks for the info. This piece of info few months ago would have made my life.
more...
iv4gc
07-28 10:04 PM
Thanks for the info. Looks like I need to get Company B to recapture the PD of my earlier I140. This seems to be the best option. But I wonder if I go down this route, will it complicate and delay (significantly if I miss the window) the GC.
If you filed your I-485 in July, 2007 with the knowledge and consent of Company A, you are in order as GC is for future employment. It would appear you did so since they did not withdraw the I-140.
Having said, the only proper course of action is for you to go back to work for Company A after you obtain your GC.
If you would like to work for Company B after GC, you would have to file a change of employer right now (using AC21 provisions). Alternatively you may interfile the approved I-140 from employer B with your current application. You are entitled to keep the priority date on the I-140 of employer A so you should not be affected negatively.
If your lawyer is saying you could continue to work for employer B after GC without doing anything at this time, I would suggest you talk to another immigration attorney to hear a second opinion.
If you filed your I-485 in July, 2007 with the knowledge and consent of Company A, you are in order as GC is for future employment. It would appear you did so since they did not withdraw the I-140.
Having said, the only proper course of action is for you to go back to work for Company A after you obtain your GC.
If you would like to work for Company B after GC, you would have to file a change of employer right now (using AC21 provisions). Alternatively you may interfile the approved I-140 from employer B with your current application. You are entitled to keep the priority date on the I-140 of employer A so you should not be affected negatively.
If your lawyer is saying you could continue to work for employer B after GC without doing anything at this time, I would suggest you talk to another immigration attorney to hear a second opinion.
optimist578
04-10 11:47 AM
My EAD is going to expire in 3 months and I am filing for my renewal now. What can be done if you don't get the EAD renewal response before the expiry of the current one ?
I heard somewhere, that if you don't receive the renewal notice within 60 days, then you can approach the local USCIS office and get a temporary EAD card for 90 days.
Anybody knows more ?
Also, generally do folks approach their lawyers for extension filing or they do it themselves?
Thanks,
------------------------
EB3 PD Mar 2003
I-485, AP, EAD filed in July 07
EAD expiring on July 31st 2008.
[I posted this on another thread under "EAD Filing Fees" but it did not show up on the first page- hence reposting it...]
I heard somewhere, that if you don't receive the renewal notice within 60 days, then you can approach the local USCIS office and get a temporary EAD card for 90 days.
Anybody knows more ?
Also, generally do folks approach their lawyers for extension filing or they do it themselves?
Thanks,
------------------------
EB3 PD Mar 2003
I-485, AP, EAD filed in July 07
EAD expiring on July 31st 2008.
[I posted this on another thread under "EAD Filing Fees" but it did not show up on the first page- hence reposting it...]
more...
ksvreg
09-25 02:18 PM
April 2008?
6months gone by and you are thinking of getting back/extension to h1b now?
it's a long time to get back to h1b status. If it is expired, then EAD is our only option now.
Your friends are right to be on h1b while 485 pending; If some thing unusual happens to ur pending 485, you are not thrown out of status. And that is when h1b will be help full.
Just in case; see what your lawyer has to say.
Thanks for the information. I did not understand the last of part of your response. If some unusual happens, how should I get on to H1B when my H1B expired in April 2008.
6months gone by and you are thinking of getting back/extension to h1b now?
it's a long time to get back to h1b status. If it is expired, then EAD is our only option now.
Your friends are right to be on h1b while 485 pending; If some thing unusual happens to ur pending 485, you are not thrown out of status. And that is when h1b will be help full.
Just in case; see what your lawyer has to say.
Thanks for the information. I did not understand the last of part of your response. If some unusual happens, how should I get on to H1B when my H1B expired in April 2008.
pointlesswait
01-05 04:21 PM
i woudl think the actual number porting is miniscule...
but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
Even an annual release would be very helpful...:confused:
It may be a common thing - swaying away from EB3 to Eb2 for earlier PD holders and there by choking up some EB2 space but shouldn't that cause loosening ( i'm not talking substantial ) in EB3 Priority Date ?
I mean EB3 India Priority Dates seems to have a Coma and that always hover around Aug/Oct 2001 - for last few years its like , it moves like some months and then scrolls down.
but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
Even an annual release would be very helpful...:confused:
It may be a common thing - swaying away from EB3 to Eb2 for earlier PD holders and there by choking up some EB2 space but shouldn't that cause loosening ( i'm not talking substantial ) in EB3 Priority Date ?
I mean EB3 India Priority Dates seems to have a Coma and that always hover around Aug/Oct 2001 - for last few years its like , it moves like some months and then scrolls down.
more...
rockstart
05-05 09:09 AM
As long as you are working in the same position you should be fine. Also since you are making more than what is specified in your labor there is no reason to be worried. At I485 stage all they want to validate is that the employer still has the position open and you are still employed. So there is no real need to worry about the greater income.
Your second question perhaps needs more documentation. Add your rental papers, bank statements, insurance statements (if you are paying for spouse) etc along with marriage pictures and if you have kids their BC.
Gurus / Attorney,
Please suggest..
I got RFE for my employment verification and bona fide marital status..I have following questions..
I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.
I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.
I would highly appreciate your any advice in this regard.
Thanks,
EB2 - India / PD 04/06, I485 receipt date 09/07
Your second question perhaps needs more documentation. Add your rental papers, bank statements, insurance statements (if you are paying for spouse) etc along with marriage pictures and if you have kids their BC.
Gurus / Attorney,
Please suggest..
I got RFE for my employment verification and bona fide marital status..I have following questions..
I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.
I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.
I would highly appreciate your any advice in this regard.
Thanks,
EB2 - India / PD 04/06, I485 receipt date 09/07
nk2006
07-05 11:59 AM
Its a very good point. Immigration related issues are highly political and rouse emotions on either side. Our opponents used those same emotions to get their desirable results - in the form failure to any immigration related bill. Now I think we have a good opportunity to use this fiasco to our benefit.
The lawsuit - whatever its outcome maybe can run its own course. AILF is taking care of that. We as 485 filers and potential filers can simultaneously work on educating lawmakers. To the immigrant friendly lawmakers we can magnify the arrogance of DOS/USCIS in disregarding thousands of immigrants aspirations and revising a bulleting literally at the last "second". We can also project the miscommunication/clashes between the two orgnizations (without that element its impossilbe they would come to the conclusion in mid-june that there will be plenty of visas unavailable to make every one current; and suddenly after two weeks realize that there are none to anyone).
We can even reach out to extreme right (like sof Tancredo) and expose how
USCIS approved cases in haste at last minute just to avoid the rush from July 2nd. Who knows how many cases they approved are not supposed to be approved in the normal circumstances.
Is IV taking advice from lobbists on this matter or they just deal with senate/house bills.
The lawsuit - whatever its outcome maybe can run its own course. AILF is taking care of that. We as 485 filers and potential filers can simultaneously work on educating lawmakers. To the immigrant friendly lawmakers we can magnify the arrogance of DOS/USCIS in disregarding thousands of immigrants aspirations and revising a bulleting literally at the last "second". We can also project the miscommunication/clashes between the two orgnizations (without that element its impossilbe they would come to the conclusion in mid-june that there will be plenty of visas unavailable to make every one current; and suddenly after two weeks realize that there are none to anyone).
We can even reach out to extreme right (like sof Tancredo) and expose how
USCIS approved cases in haste at last minute just to avoid the rush from July 2nd. Who knows how many cases they approved are not supposed to be approved in the normal circumstances.
Is IV taking advice from lobbists on this matter or they just deal with senate/house bills.
more...
ronhira
12-19 09:15 AM
History channel premiered a program "Naturalized" yesterday (12/18). They covered people from so man y different walks of life facing so many different problems to get GC and citizenship. But in the 90 minute program there was no coverage on how our community is struggling and no mention about the plight of the employment based category.
Makes me wonder if there is enough awareness about our cause.
other than just wondering ...... what else r u going to do about this lack of awareness?
Makes me wonder if there is enough awareness about our cause.
other than just wondering ...... what else r u going to do about this lack of awareness?
Administrator2
12-09 11:06 AM
Because Republicans are blocking every bill in the Senate until the issues of Tax cuts is resolved, Sen. Reid needed to postpone the cloture vote on Dream Act to buy time to get more support. Senate Majority leader needed “Unanimous Consent” to withdraw his cloture motion and push back the vote. He did not get it, forcing him to offer a motion to table the cloture vote.
Tabling the cloture vote will allow Sen. Majority leader to bring the DREAM Act up again when the other issues have been resolved, and when there are 60 votes. We expect that Dream Act will surely come up for vote again before the end of 111th Congress.
Tabling the cloture vote will allow Sen. Majority leader to bring the DREAM Act up again when the other issues have been resolved, and when there are 60 votes. We expect that Dream Act will surely come up for vote again before the end of 111th Congress.
tdasara
02-08 08:58 AM
L1A - Multinational managers
L1b - specialized foreign worker on intracompany transfer.
You again should be working overseas for your company to apply for this visa and to qualify for a GC you have to have documented proof that you worked 1 year overseas.
Most of us work for US companies who do not have branches overseas!
L1b - specialized foreign worker on intracompany transfer.
You again should be working overseas for your company to apply for this visa and to qualify for a GC you have to have documented proof that you worked 1 year overseas.
Most of us work for US companies who do not have branches overseas!
gemini23
11-19 08:50 AM
Do we have to send copies of H1 visa stamp in passport in order to apply for ead renewal. if yes, what would be the case if the H1 visa stamp is expired. Can I send the copy of expired H1 visa stamp and I-797 approval , for ead renewal?
Can you please answer this question as I am about to file for a ead renewal.
Can you please answer this question as I am about to file for a ead renewal.
anilkumar0902
08-26 11:59 PM
got similar RFE
for application original signature
identity documents
i efiled my 765 and on aug 3rd i got my rfe , i took print out of efiled copy signed it and wrote a cover letter and attached ead copy,ssn copy and passport copy
and sent it.
they received my response but havent updated my case yet...waiting for it..
please let me know anyone else has similar issues and what was the result..
These days...the status online remains in Reponse received for RFE...once the service center reviews your response..they usually respond back. If you are getting into a job loss risk due to the lack of EAD, then you should create an expedite SR.
Cheers
for application original signature
identity documents
i efiled my 765 and on aug 3rd i got my rfe , i took print out of efiled copy signed it and wrote a cover letter and attached ead copy,ssn copy and passport copy
and sent it.
they received my response but havent updated my case yet...waiting for it..
please let me know anyone else has similar issues and what was the result..
These days...the status online remains in Reponse received for RFE...once the service center reviews your response..they usually respond back. If you are getting into a job loss risk due to the lack of EAD, then you should create an expedite SR.
Cheers
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