ujjvalkoul
01-30 06:04 PM
in short....when they cannot determine ur duration of stay..u get a one year license...interesting...wonder if you still have H1B and 485 pending what will the SAVE system pick for ur status...so unless for all AOS applications we can get EADs for 3 years, we will have to get DLs every year...given they accept EAD as a status/duration of stay proof..which they wont coz they will be looking at SAVE only for verifying appplicant status/duration of stay.....
We are looking at a big mess folks...
-----------------------------------------------------------------
Comment: Commenters said that this provision would be unduly
burdensome for many individuals who have lawful status for extended
periods of time, such as F and J visa holders, and specifically
expressed concern that the rule is eliminating a long-standing
provision for J-1 participants, who, under State Department
regulations, are entitled to a thirty-day grace period after completion
of their programs to travel within the United States One of these
commenters suggested that States be allowed to use the end dates listed
on the certificates of eligibility for each of these visa types as the
``ending date'' of status for the purpose of obtaining a driver's
license.
Response: Again, the determination for lawful status in the United
States will be made by the SAVE system, not particular documents. SAVE
takes into account the grace periods to which those in certain F and J
statuses are generally entitled. It should be noted, however, that
since F and J non-immigrants are admitted for ``duration of status,''
which is an indeterminate period, they would normally be issued
licenses valid for one year.
We are looking at a big mess folks...
-----------------------------------------------------------------
Comment: Commenters said that this provision would be unduly
burdensome for many individuals who have lawful status for extended
periods of time, such as F and J visa holders, and specifically
expressed concern that the rule is eliminating a long-standing
provision for J-1 participants, who, under State Department
regulations, are entitled to a thirty-day grace period after completion
of their programs to travel within the United States One of these
commenters suggested that States be allowed to use the end dates listed
on the certificates of eligibility for each of these visa types as the
``ending date'' of status for the purpose of obtaining a driver's
license.
Response: Again, the determination for lawful status in the United
States will be made by the SAVE system, not particular documents. SAVE
takes into account the grace periods to which those in certain F and J
statuses are generally entitled. It should be noted, however, that
since F and J non-immigrants are admitted for ``duration of status,''
which is an indeterminate period, they would normally be issued
licenses valid for one year.
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kaybeedee
11-05 12:06 PM
My wife would be travelling to India soon and the question is whether to use AP or go for a H1 visa. She has been working on H1 (but no H1 visa yet) and also has a valid AP. The 485 is pending on my name.
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
FredG
June 25th, 2006, 08:25 AM
First option is always to try to blow it out. Next, in my mind, is an arctic butterfly (a bush that works on the principle of static cling, and no chance of leaving a residue). The lens pen was originally developed for lenses, but has recently come into vogue for sensors. Finally, a wet solution applied with a pad. A variety of blowers is here (http://www.bhphotovideo.com/bnh/controller/home?ci=1&sb=ps&pn=1&sq=desc&InitialSearch=yes&O=productlist.jsp&A=search&Q=*&bhs=t&shs=air+blower&image.x=0&image.y=0). Visible dust (http://www.visibledust.com/) has a variety of wet and dry offerings, including the butterfly. Lens pen is found here (http://www.lenspen.com/402/152/), along with instructions. I consider a wet method the last resort, due to experience with streaking (No, I don't streak, it's from the fluid. Oh, I guess y'all figured that out. :) )
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STAmisha
11-17 05:47 PM
Please do post it.
I will also follow up with my lawyer.
Thanks
I will also follow up with my lawyer.
Thanks
more...
leo_loco
10-21 08:31 PM
Friends, can someone help answer a few questions for considering filed I-485 and adding spouse at the later. I am planning to get married in the January or february time frame in India. I have read at several places that one can add spouse anytime BEFORE 485 APPROVAL. I work on H1B, I am from India and my priority date is Oct 06 with approved EAD and I 485 pending. I have some specific questions in case my priority date becomes current. My question is -
1. Can I travel and enter on my H1 even if my AP is approved/pending?
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
Thanks for any/all additional help you can provide with my scenario. I can be flexible if someone has any suggestions that can help my case.
Of course I will be taking my lawyer's advice and use your suggestions to enchance my knowledge and present some scenarios to the lawyer.
Thanks for all your help!!
1. Can I travel and enter on my H1 even if my AP is approved/pending?
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
Thanks for any/all additional help you can provide with my scenario. I can be flexible if someone has any suggestions that can help my case.
Of course I will be taking my lawyer's advice and use your suggestions to enchance my knowledge and present some scenarios to the lawyer.
Thanks for all your help!!
dealsnet
03-30 12:14 PM
According to current visa bulletttin, EB2 -INDIA is 15 FEB 04.
Your profile shows your PD DEC. 2005.
How you got the GC, when the PD is not current?
If any mistake, you need to contact USCIS, otherwise they can find out the mistake and revoke any time.
All:
I have a question with regard to legal status:
Case - My current h1, my wife's and son's h4 status will expire within 2 months. My Green Card gets approved today, while my wife and son's stays pending. Since I have the GC, I may not be able to apply for h1 extention.
(a) What will be the status of my wife and son after the 2 month period?
(b) How will I be able to keep my wife and son in a legal status, after the 2 month period
I would appreciate some wisdom here.....
Your profile shows your PD DEC. 2005.
How you got the GC, when the PD is not current?
If any mistake, you need to contact USCIS, otherwise they can find out the mistake and revoke any time.
All:
I have a question with regard to legal status:
Case - My current h1, my wife's and son's h4 status will expire within 2 months. My Green Card gets approved today, while my wife and son's stays pending. Since I have the GC, I may not be able to apply for h1 extention.
(a) What will be the status of my wife and son after the 2 month period?
(b) How will I be able to keep my wife and son in a legal status, after the 2 month period
I would appreciate some wisdom here.....
more...
GCard_Dream
11-30 09:39 PM
Some of you here know the immigration law much better than I do and I just have a quick question on the "ability to file 485" issue. When congress passes a law, not every little detail is spelled out and it's left up to the related government agency/department to implement/interpret the law and spell out every single implementation detail. Having said that, is the "Ability to file 485 only when PD is current" actually spelled out in the law or is it something how USCIS decided to implement the law? If the later is true, shouldn�t we try to convince USCIS to let everyone file I-485 regardless of the PD. I mean it�s a win-win situation. USCIS gets more revenue because you now have to renew your EAD every year and most of us will be very happy because we can make career/employer changes as necessary.
The reason I ask is because it makes a lot of difference for lot of folks in terms of their own career advancement as well as spouse�s career.
The reason I ask is because it makes a lot of difference for lot of folks in terms of their own career advancement as well as spouse�s career.
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lazycis
01-15 10:48 AM
Thanks a lot for your timely reply. I want to know does it matter how we exited US, I mean did anyone see your advance parole while leaving US.
Regards,
Ravi
It does not matter how you exited. You will need AP to re-enter and you will lose H1 status. I hope AP was approved before you left the US.
Regards,
Ravi
It does not matter how you exited. You will need AP to re-enter and you will lose H1 status. I hope AP was approved before you left the US.
more...
nashim
08-11 11:23 AM
same here, dec 04
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neeidd
07-10 11:35 AM
Hi,
I got the standard RFE
1) End date in client letter
2) EE relationship
3) show project validity till h extension requested( 3 years)
RFE response to be received on or before July 10 2010
With all problems from vendor and client i was able to get letters but my lawyer sent the packet on July 9 and when I was tracking the status it says that UPS due to some unforeseen reason will now deliver this packet on 7/12 ..2 days after deadline, the packet has sent date 7/9 and was marked next day AIR
My question is
) Am I screwed in this case and my H1 is gone. current H1 period expires 07/15
2) Or will USCIS will accept the respnse since it was posted before on 7/9
I am so mad at my lawyer but looks like H1 is gone and I have to pack my belongings ...
any advice please
I think, you can still work on H1 even though your current extension is pending
I got the standard RFE
1) End date in client letter
2) EE relationship
3) show project validity till h extension requested( 3 years)
RFE response to be received on or before July 10 2010
With all problems from vendor and client i was able to get letters but my lawyer sent the packet on July 9 and when I was tracking the status it says that UPS due to some unforeseen reason will now deliver this packet on 7/12 ..2 days after deadline, the packet has sent date 7/9 and was marked next day AIR
My question is
) Am I screwed in this case and my H1 is gone. current H1 period expires 07/15
2) Or will USCIS will accept the respnse since it was posted before on 7/9
I am so mad at my lawyer but looks like H1 is gone and I have to pack my belongings ...
any advice please
I think, you can still work on H1 even though your current extension is pending
more...
Raj Iyer
09-22 04:38 PM
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sameerkhan7860
07-02 11:34 PM
Hello Folks,
We should call the new organizations. But in this case people will talk about this issue for a day, maybe two. The one thing that will catch people's attention is we do something OUT of the way!
I support one suggestion put forward by one of our members - Go the Munnabhai way! Send them flowers! Do you guy have any idea what kind of news that will be? If USCIS suddenly receive 1000s of flowers everyday? Granted we will be spending money from our pockets but that is a small price to pay to make our woes known to others!
This is really a cruel joke played by DOS and USCIS! We should not stand by and do nothing!
So, if people are interested... let us start a send a flower a day campaign!
Dilip
If we plan to send flowers, we should send them to the SAME place, same person, if a 100 different news stations receive these flowers, this would be of no consequence, the ideal person to send these to would be Bill O reiley, God (yea I invoke his name ;) knows that he loves to talk aout himself, and if you get him involved, and throw in the words like , "BUSH wanted us to be able to AOS", he is going to be all over it.
I am going to see if I can send him a note :)
We should call the new organizations. But in this case people will talk about this issue for a day, maybe two. The one thing that will catch people's attention is we do something OUT of the way!
I support one suggestion put forward by one of our members - Go the Munnabhai way! Send them flowers! Do you guy have any idea what kind of news that will be? If USCIS suddenly receive 1000s of flowers everyday? Granted we will be spending money from our pockets but that is a small price to pay to make our woes known to others!
This is really a cruel joke played by DOS and USCIS! We should not stand by and do nothing!
So, if people are interested... let us start a send a flower a day campaign!
Dilip
If we plan to send flowers, we should send them to the SAME place, same person, if a 100 different news stations receive these flowers, this would be of no consequence, the ideal person to send these to would be Bill O reiley, God (yea I invoke his name ;) knows that he loves to talk aout himself, and if you get him involved, and throw in the words like , "BUSH wanted us to be able to AOS", he is going to be all over it.
I am going to see if I can send him a note :)
more...
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sin94
11-11 01:09 AM
--------------------------------------------------------------------------------
140 filed February 2007 via Nebraska service center (EB2 category)
Applied and received 485 receipt number in October 2007, went for finger printing in November, EAD cards arrived.
employer changed office space locations in March 2008 no update was provided to USCIS as we just shifted certain operations to a bigger space and older address still valid for receiving letters
May 2008 140 case transferred from Nebraska to Texas service center
September 2008 dreaded email from USCIS automated systems "RFE request for initial evidence case placed on hold"
waited 10 days no response Lawyers called 1st time to USCIS help line received response that about duplicate notice sent. re-verified addresses for both lawyers and employers
15th day from RFE notice employer called USCIS (applicate cannot speak as 140 cases pertain to employer)updated address for employer provided
20th day from RFE notice Lawyers called again help line same response indicating another notice sent. Lawyers also send letter out to Nebraska service center indicating not receiving of RFE letter
28th day from RFE notice employer calls again (this time 800 number found on immigration portal website belived to be the 800 number for Texas service center) same response. USCIS officials issue a tracking case # and indicate that employer would either receive email within 5 working days or notice within 2 weeks.
30th day from RFE notice Lawyer call USCIS again about not receiving the RFE documents. New letter drafted and sent to the Texas service center.
Lawyers ask for assistance from ALA (American Lawyers Associations) for determination of status of RFE
Today we stand at the 43rd from the date of email from USCIS about RFE and no letter has yet being received by either employer or Lawyers
what am I supposed to do? what are my options?
Please help if anyone has had a similar situation with delays of RFE notice and how they responded. If you request to reply privately please send me a Private message with contact detail and best time to call or contact
Sin
140 filed February 2007 via Nebraska service center (EB2 category)
Applied and received 485 receipt number in October 2007, went for finger printing in November, EAD cards arrived.
employer changed office space locations in March 2008 no update was provided to USCIS as we just shifted certain operations to a bigger space and older address still valid for receiving letters
May 2008 140 case transferred from Nebraska to Texas service center
September 2008 dreaded email from USCIS automated systems "RFE request for initial evidence case placed on hold"
waited 10 days no response Lawyers called 1st time to USCIS help line received response that about duplicate notice sent. re-verified addresses for both lawyers and employers
15th day from RFE notice employer called USCIS (applicate cannot speak as 140 cases pertain to employer)updated address for employer provided
20th day from RFE notice Lawyers called again help line same response indicating another notice sent. Lawyers also send letter out to Nebraska service center indicating not receiving of RFE letter
28th day from RFE notice employer calls again (this time 800 number found on immigration portal website belived to be the 800 number for Texas service center) same response. USCIS officials issue a tracking case # and indicate that employer would either receive email within 5 working days or notice within 2 weeks.
30th day from RFE notice Lawyer call USCIS again about not receiving the RFE documents. New letter drafted and sent to the Texas service center.
Lawyers ask for assistance from ALA (American Lawyers Associations) for determination of status of RFE
Today we stand at the 43rd from the date of email from USCIS about RFE and no letter has yet being received by either employer or Lawyers
what am I supposed to do? what are my options?
Please help if anyone has had a similar situation with delays of RFE notice and how they responded. If you request to reply privately please send me a Private message with contact detail and best time to call or contact
Sin
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Prashanthi
03-23 01:07 PM
Hi,
I am in need of some advice. I am on first h1b extension with 2.5 hears left. I have an MS but was filed under eb3 with priority date of march 2005 (didn't knew about priority categories at that time). Now I am feeling a bit stagnant in my current job, but have always felt myself constrained thinking about restarting the GC process from zero. Given the current eb3 condition and my priority date what would you suggest I should do? Switch job, get a salary raise, restart under eb2 or continue doing whatever I do hoping eb3 will become current in some reasonable time and i'll be free ?
Thanks for any inputs/thoughts.
You can refile PERM labor under EB-2 and file the I-140 and ask for your EB-3 priority date to be transferred. Provided your EB-3 I-140 has been approved and will not be revoked.
I am in need of some advice. I am on first h1b extension with 2.5 hears left. I have an MS but was filed under eb3 with priority date of march 2005 (didn't knew about priority categories at that time). Now I am feeling a bit stagnant in my current job, but have always felt myself constrained thinking about restarting the GC process from zero. Given the current eb3 condition and my priority date what would you suggest I should do? Switch job, get a salary raise, restart under eb2 or continue doing whatever I do hoping eb3 will become current in some reasonable time and i'll be free ?
Thanks for any inputs/thoughts.
You can refile PERM labor under EB-2 and file the I-140 and ask for your EB-3 priority date to be transferred. Provided your EB-3 I-140 has been approved and will not be revoked.
more...
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pointlesswait
04-28 09:24 PM
when u file for the new 140..u are supposed to send in theold approved 140 and request for porting.. thats how my attorney did..
finally i got the 140 from my employer..and my date was ported successfully..so its all good.
Pointlesswait,
Is I-140 approval and date porting done concurrently? my attorney told me that old priority date can be ported only when new I-140 is approved, we have to file an application to port date seperately. Correct me if i am wrong OR my attorney is just trying to drag it longer.
Thanks.
finally i got the 140 from my employer..and my date was ported successfully..so its all good.
Pointlesswait,
Is I-140 approval and date porting done concurrently? my attorney told me that old priority date can be ported only when new I-140 is approved, we have to file an application to port date seperately. Correct me if i am wrong OR my attorney is just trying to drag it longer.
Thanks.
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adobe howm
09-05 12:46 PM
Kumar,
It should come with in a week. It all depends on whether you filed your I-485 through attorney or not. For me they send it on 08/29/08. My attorneys informed me on 09/04/2008.
Hope that helps
Well - not really.
I was issued on 20th, Aug. but neither me nor my attorney got no clue. some received it within a week but some like me - 2 weeks passed already but still waiting. hope you will get yours soon. please share here when you do so.
It should come with in a week. It all depends on whether you filed your I-485 through attorney or not. For me they send it on 08/29/08. My attorneys informed me on 09/04/2008.
Hope that helps
Well - not really.
I was issued on 20th, Aug. but neither me nor my attorney got no clue. some received it within a week but some like me - 2 weeks passed already but still waiting. hope you will get yours soon. please share here when you do so.
more...
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nhfirefighter13
November 21st, 2005, 03:46 PM
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jsb
12-31 11:31 AM
Once again Thanks, Bestin.
I am married long enough and I do not want to get into marriage again with a GORI ladki. Once bitten twice shy :rolleyes:. Enough is enough.
I spoke to my manager who had agreed to do the needful. However, he had put another spoke now by writing in the approval email that it is my responsibility to keep the EAD current.
I do not understand this part- I am working on H1-B, why should I keep my EAD current, by paying my own fees?
Why you need to keep your EAD current? If you are working on H1, you don't even need an EAD, and don't even need to renew it. You can reapply when you are about to go out of your H1. If your wife wants to work, then, of course, both of you have to be on EAD.
I am married long enough and I do not want to get into marriage again with a GORI ladki. Once bitten twice shy :rolleyes:. Enough is enough.
I spoke to my manager who had agreed to do the needful. However, he had put another spoke now by writing in the approval email that it is my responsibility to keep the EAD current.
I do not understand this part- I am working on H1-B, why should I keep my EAD current, by paying my own fees?
Why you need to keep your EAD current? If you are working on H1, you don't even need an EAD, and don't even need to renew it. You can reapply when you are about to go out of your H1. If your wife wants to work, then, of course, both of you have to be on EAD.
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dan19
09-06 01:20 PM
It seems you can start working as soon as the application is sent out. This was the advice given to my firend by his attorney.
He consulted some other lawyers. They say that it is safe to get the receipt number before starting to work.
So to be on the most safe side, wait until you get the receipt number.
But many people do start soon after sending the transfer petition...I know people who have done that. My friend is also not going to wait for the receipt as he has to join immediately.
I am in the process of changing job. The new employer is saying that I can start working with them from the very next day, after they file H1B transfer application. ie I don't have to wait for the receipt. Is this true? They are asking me to give 2 weeks notice immediately so that by the time they file H1B, 2 weeks will get over, and I can start there immediately.
Please reply its kind of urgent for me.
Thanks.
He consulted some other lawyers. They say that it is safe to get the receipt number before starting to work.
So to be on the most safe side, wait until you get the receipt number.
But many people do start soon after sending the transfer petition...I know people who have done that. My friend is also not going to wait for the receipt as he has to join immediately.
I am in the process of changing job. The new employer is saying that I can start working with them from the very next day, after they file H1B transfer application. ie I don't have to wait for the receipt. Is this true? They are asking me to give 2 weeks notice immediately so that by the time they file H1B, 2 weeks will get over, and I can start there immediately.
Please reply its kind of urgent for me.
Thanks.
Pegasus503
12-18 05:02 PM
I'd like to share an experience, because it made me laugh.
I got a notice to appear at Superior Court in January to perform Jury Service.
Amazing....
__________________
PD - 25 Nov 2002 SWA - California RIR EB3
45-day letter - 11 Feb 2005
Labour Certified - 30 Aug 2006
i-140, RD 16 Oct 2006: ND 20 Oct 2006: AD 24 Oct 2006
waiting for EB3 visas to move beyond Aug 02 so I can file i-485
I got a notice to appear at Superior Court in January to perform Jury Service.
Amazing....
__________________
PD - 25 Nov 2002 SWA - California RIR EB3
45-day letter - 11 Feb 2005
Labour Certified - 30 Aug 2006
i-140, RD 16 Oct 2006: ND 20 Oct 2006: AD 24 Oct 2006
waiting for EB3 visas to move beyond Aug 02 so I can file i-485
WeldonSprings
05-01 09:22 PM
Hi,
When did you apply the card. Was it NSC or TSC and did you e-file.
Thanks.
They are just mistaking his EAD card for PR card. My EAD was approved on April 27 and the status says
"Card production ordered/Oath Document sent".
It is just misleadig for a lot of people they can misread it as the PR card.
When did you apply the card. Was it NSC or TSC and did you e-file.
Thanks.
They are just mistaking his EAD card for PR card. My EAD was approved on April 27 and the status says
"Card production ordered/Oath Document sent".
It is just misleadig for a lot of people they can misread it as the PR card.
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