a_yaja
07-24 01:47 PM
I filed my 485 last week and didn't file for EAD. My spouse is filing 485 next week and i will be a dependent in that application. If i apply for EAD in his application, can i use it to invoke AC21 if i have to change job after 6 months under my 485?
I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
There is no such thing as EAD "under his application" or "under my application". If you apply for EAD - you either apply for it with the AOS application (yours or your spouse's) or after the AOS receipt is received. If you apply after applying for AOS, then you need to provide with receipt of AOS (either yours or his). The EAD will be in your name and as far as my knowledge goes it will say "issues on basis of AOS applied as ...".
I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
There is no such thing as EAD "under his application" or "under my application". If you apply for EAD - you either apply for it with the AOS application (yours or your spouse's) or after the AOS receipt is received. If you apply after applying for AOS, then you need to provide with receipt of AOS (either yours or his). The EAD will be in your name and as far as my knowledge goes it will say "issues on basis of AOS applied as ...".
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gcsucks
07-01 09:27 AM
After years of struggling and 25k down the drain i have decided not to loose my Canadian PR card ( i have been out of canada for 21/2 years out of 5). so to maintain the card i have to be in canada for the next 2 years. so... right now i have an approved I140 based on which i will be filing a
h1. once i get an approval ( 3 years extension) i will move to my other office in Canada.
The question i have is, can i come back into the country using this stamping after 2 years staying in canada ? and let us say i dont apply for my h1 but when the SKIL bill (if and whenever it becomes law) can i apply for I485 even though im in canada ( i dont think i can)
Any help is appreciated
h1. once i get an approval ( 3 years extension) i will move to my other office in Canada.
The question i have is, can i come back into the country using this stamping after 2 years staying in canada ? and let us say i dont apply for my h1 but when the SKIL bill (if and whenever it becomes law) can i apply for I485 even though im in canada ( i dont think i can)
Any help is appreciated
mayurcreation
01-13 09:23 AM
Hi,
My previous employer had filed my I-140 (EB3) and it got approved after I left the company. So I don�t have I-140 approved notice copy with me but I do have I-140 receipt notice. They haven�t canceled my I-140 (I can check the status at USCIS web site).
My new employer had filed my I-140 (EB2) and it got approved last month. As I was not having my previous I-140 approval notice with me so I did not mentioned to my new employer about my previous I-140 approval at the time of filing new labor and I-140.
1) There is anyway I can do Priority Date Porting from my previous I-140 (EB3) receipt copy ( as I don't have approval notice copy with me at present) to my second I-140 (Eb2) after it got approved last month.
I have checked with my company lawyer, they�re saying that the priority date gets fixed at the I-140 stage and it is very difficult to get USCIS to update it once they�ve issued the I-140. They say that usually there�s no response from USCIS on such cases even if we put in a request. I�ve asked them to see if there are any other options
There is any other option!!
Thanks in advance.
1st PD EB3 11/17/2007
2nd PD EB2 07/27/2009
My previous employer had filed my I-140 (EB3) and it got approved after I left the company. So I don�t have I-140 approved notice copy with me but I do have I-140 receipt notice. They haven�t canceled my I-140 (I can check the status at USCIS web site).
My new employer had filed my I-140 (EB2) and it got approved last month. As I was not having my previous I-140 approval notice with me so I did not mentioned to my new employer about my previous I-140 approval at the time of filing new labor and I-140.
1) There is anyway I can do Priority Date Porting from my previous I-140 (EB3) receipt copy ( as I don't have approval notice copy with me at present) to my second I-140 (Eb2) after it got approved last month.
I have checked with my company lawyer, they�re saying that the priority date gets fixed at the I-140 stage and it is very difficult to get USCIS to update it once they�ve issued the I-140. They say that usually there�s no response from USCIS on such cases even if we put in a request. I�ve asked them to see if there are any other options
There is any other option!!
Thanks in advance.
1st PD EB3 11/17/2007
2nd PD EB2 07/27/2009
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HV000
12-30 10:23 AM
I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
An actual case would be helpful.
I spoke to a reputable attorney and they said its possible to get 3 years extn. using the case number screen shot.
An actual case would be helpful.
I spoke to a reputable attorney and they said its possible to get 3 years extn. using the case number screen shot.
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skgc
04-08 03:45 AM
i am not a lawyer, so what i state here is from my personal experience. i have been to hawaii on an H1B 3 years ago. there was absolutely no problem anywhere. its like flying to any of the 48 mainland states. no one asked for passports anywhere ( i did not even carry it).
I ofcourse flew to hawaii, but i have taken cruises to mexico.
as long as the cruise ship does not touch a foreign port, you are good. check with the cruise company if they need a passport. they usually have info on what is required. before entering the ship, your papers are checked and if there is something needed for immigration when you return(like from mexico), they wont let you in until you show them the documents.
since you are boarding from US, visiting an US state, coming back to US, there should be no problem.
-sk
I ofcourse flew to hawaii, but i have taken cruises to mexico.
as long as the cruise ship does not touch a foreign port, you are good. check with the cruise company if they need a passport. they usually have info on what is required. before entering the ship, your papers are checked and if there is something needed for immigration when you return(like from mexico), they wont let you in until you show them the documents.
since you are boarding from US, visiting an US state, coming back to US, there should be no problem.
-sk
waitin_toolong
08-16 05:57 PM
you dont need to have ssn in hand to start work only EAD. Apply for SSn and the employer will be handed over docs of application, it takes 4-6 weeks to get the card.
if she already has TIN then do inform irs of the change and paprfile tax returns next year
if she already has TIN then do inform irs of the change and paprfile tax returns next year
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roseball
03-29 08:43 PM
I got the RFE notification in the mail yesterday and here is the RFE info:
The Service acknowledges that you filed your I-485 Employment Based Application (Receipt #) based on your approved 3rd preference I-140 (Receipt #). Service records indicate that you also have an approved 2nd preference I-140 (Receipt #) with a priority date that affords you an available visa. If you wish to transfer this I-485 to your newly approved Form I-140 a request for conversion must be made in writing. If no response is received, USCIS will continue adjudication on the instant I-485 based on your 3rd preference I-140 and will wait for visa availability based on that preference classification".
I had another approved I-140 in EB2 from the client where I worked as a contractor. That company got acquired by another and am not sure if they still support me in the process.
1) Did anyone receive such RFE?
2) Should I send USCIS a letter by requesting them to trasfer my I-485 to EB2?
3) USCIS had issued this RFE on 03/03/10 with 04/03/10 deadline but I had received it yesterday(3/27/10). I have only 1 week to respond back.
Is there a way to buy some more time if i cant respond back in 3-4 business days?
Please advice. I really appreciate your help!
Thanks in advance.
Firstly, its good that USCIS is infact tracking all approved I-140s based on applicant's profile in order to adjudicate cases which have an available visa number based on PD porting.
In your case, technically, you can only request to tag your I-485 to the EB-2 I-140 only when the EB-2 sponsoring employer is still willing to employ you when your I-485 is approved. You need to consider a situation of USCIS issuing another RFE in addition to your transfer letter, to produce an employment verification letter from your EB-2 employer. Best thing to do is to get in touch with your EB-2 employer and check to see if he is still willing to support you. In that case, you can request for transfer. Otherwise, technically, you cannot transfer your case but can continue your case in EB-3. Obviously, getting an expert opinion from a good attorney is key as time is running out.
The Service acknowledges that you filed your I-485 Employment Based Application (Receipt #) based on your approved 3rd preference I-140 (Receipt #). Service records indicate that you also have an approved 2nd preference I-140 (Receipt #) with a priority date that affords you an available visa. If you wish to transfer this I-485 to your newly approved Form I-140 a request for conversion must be made in writing. If no response is received, USCIS will continue adjudication on the instant I-485 based on your 3rd preference I-140 and will wait for visa availability based on that preference classification".
I had another approved I-140 in EB2 from the client where I worked as a contractor. That company got acquired by another and am not sure if they still support me in the process.
1) Did anyone receive such RFE?
2) Should I send USCIS a letter by requesting them to trasfer my I-485 to EB2?
3) USCIS had issued this RFE on 03/03/10 with 04/03/10 deadline but I had received it yesterday(3/27/10). I have only 1 week to respond back.
Is there a way to buy some more time if i cant respond back in 3-4 business days?
Please advice. I really appreciate your help!
Thanks in advance.
Firstly, its good that USCIS is infact tracking all approved I-140s based on applicant's profile in order to adjudicate cases which have an available visa number based on PD porting.
In your case, technically, you can only request to tag your I-485 to the EB-2 I-140 only when the EB-2 sponsoring employer is still willing to employ you when your I-485 is approved. You need to consider a situation of USCIS issuing another RFE in addition to your transfer letter, to produce an employment verification letter from your EB-2 employer. Best thing to do is to get in touch with your EB-2 employer and check to see if he is still willing to support you. In that case, you can request for transfer. Otherwise, technically, you cannot transfer your case but can continue your case in EB-3. Obviously, getting an expert opinion from a good attorney is key as time is running out.
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mmpsbarad
09-27 07:31 PM
Thank you all for your useful suggestions.
Mine is a similar case but the only unfortunate thing was that my H1-B is approved and effective from October 1st. My position was terminated in July and now I want to continue my OPT (expires in Jan 2010 if nothing is done). Now another company is ready to give me offer and file H1B.
1. Is it possible to update the SEVIS record by DSO b4 October 1st so that I can that I can buy some time in the transition. Note: I did not violate my 90 day unemployment period during OPT.
2. If it is not possible to go back to my OPT, how much time I have after October 1st before I apply for the another H1 from the new company? and when I can start working in this case?
Thank you.
Mine is a similar case but the only unfortunate thing was that my H1-B is approved and effective from October 1st. My position was terminated in July and now I want to continue my OPT (expires in Jan 2010 if nothing is done). Now another company is ready to give me offer and file H1B.
1. Is it possible to update the SEVIS record by DSO b4 October 1st so that I can that I can buy some time in the transition. Note: I did not violate my 90 day unemployment period during OPT.
2. If it is not possible to go back to my OPT, how much time I have after October 1st before I apply for the another H1 from the new company? and when I can start working in this case?
Thank you.
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wizpal
02-24 01:04 AM
It looks like we are a bunch of folks (from Texas) without any direction. Could any of IV core folks coordinate the meeting sometime next week. Make sure to invite(email) all of those who have responded to this thread.
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cakewalkr7
08-21 08:35 AM
Okay, so the viewbox doesn't work in silverlight? I'm trying to do this type of an animation in silverlight so do you know of another container that would work in the browser? Thanks.
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desi3933
06-24 12:13 PM
..........
My questions are:
1. What happens to my wife's I-485 application, should I choose to leave my job and go back to school ?
2. Will her EAD still be valid if I leave my job ?
2. I am planning to go full-time starting Fall 2010. Will we be able to renew her EAD independent of my work status ?
Thanks a lot for your time and attention,
1. No Impact. Since you have been working for GC employer for a while, you can use green card to work for any employer, study, or not to work at all.
2. Her EAD is based on her I-485 application. Her EAD will be valid.
3. See #2.
Good Luck.
__________________
Not a legal advice.
My questions are:
1. What happens to my wife's I-485 application, should I choose to leave my job and go back to school ?
2. Will her EAD still be valid if I leave my job ?
2. I am planning to go full-time starting Fall 2010. Will we be able to renew her EAD independent of my work status ?
Thanks a lot for your time and attention,
1. No Impact. Since you have been working for GC employer for a while, you can use green card to work for any employer, study, or not to work at all.
2. Her EAD is based on her I-485 application. Her EAD will be valid.
3. See #2.
Good Luck.
__________________
Not a legal advice.
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GCFISH
08-31 09:21 AM
Please do not spread a bad word about Indian companies. Infact 90% of us are working for Indian companies and we very much know we can not go with others due to the fact that experience or openness or waterver the reasons I don't like to mention here. I hope you can understand my request. Thanks.
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akred
07-07 11:03 PM
Yes, as long as you meet these conditions -
1. You lived in the US for 183+ days in the tax year or
2. You lived in the US for a total of 183+ days in the tax year and the previous two tax years, counting 1/2 of the days for the previous tax year and 1/3rd of the days for the tax year before that one.
1. You lived in the US for 183+ days in the tax year or
2. You lived in the US for a total of 183+ days in the tax year and the previous two tax years, counting 1/2 of the days for the previous tax year and 1/3rd of the days for the tax year before that one.
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Pankaj
10-02 09:02 AM
My Employer had not paid me for 5 weeks. Yesterday, I filed the complain to DOLI, VA. Lets see how it would go. I would recomend, if you have waited so long to get your salary dont get affraid to file the complain. It might be slow but definate success.
Other experince people can provide more information on this matter.
Other experince people can provide more information on this matter.
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chanduv23
02-26 02:52 PM
Hi
According to my experience it doesnt make a difference whom you contact. I would suggest contact all (both senators of your state and local congressperson). It has no negative bearing on your case. I would also suggest
that you contact the ombudsman. You never know whats going to click in the end.
Best
cinqsit
Yes, one has to do everything. It helps solve the issue from all directions. It helps educate law makers about issues, also allows Ombudsman's office to understand common issues.
On another note, if anyone is having issues with their petitions and need help, you can also contact IV, send a message or post it on the forum.
Post issues on various forums on the internet too helps
According to my experience it doesnt make a difference whom you contact. I would suggest contact all (both senators of your state and local congressperson). It has no negative bearing on your case. I would also suggest
that you contact the ombudsman. You never know whats going to click in the end.
Best
cinqsit
Yes, one has to do everything. It helps solve the issue from all directions. It helps educate law makers about issues, also allows Ombudsman's office to understand common issues.
On another note, if anyone is having issues with their petitions and need help, you can also contact IV, send a message or post it on the forum.
Post issues on various forums on the internet too helps
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yetanotherguyinline
03-23 03:49 PM
Business week MBA forums had a big conversation about this topic with some MBA graduates saying they ere affected. May be someone can post this on there.
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cbpds
04-01 03:22 PM
hi,
It happened to me when my wife' s and my expiry dates were different.
Talk to your attorney and apply asap ....they may or may not use the �Nunc-pro-tunc� category , depends on the attorney.
Thanks
Hi All,
My Wife�s I-94 expired on Jan 15, 2010 and I did not know that I had to apply for her H4 extension while applying for my H1B extension under regular processing on March 1, 2010.My employer also forgot to apply for H4 extension. Now that, it�s been more than 2 months with the I-94 expired, Can you please let me know what options I have to resolve this issue?
1.Can I upgrade my H1 Processing to Premium and add the H4 processing to it, so that both H1 and H4 are processed simultaneously?
2.If adding H4 while upgrading H1 to premium is not possible, Should I just upgrade my H1 to Premium so that I can know the results soon and have ample time (before the 180 days grace period) to apply for H4 extension(I-539).Is it true that H1B premium approval is risky compared to regular processing ?
3.Is it safe to go back to India within 180 days (after I-94 expiration) and get H4 stamping in her home country once I get my H1 Extension?
4.Should I just leave my H1B in regular processing and attach the H4 extension (I-539) to it? If attaching H4 is not possible, Can I file H4 separately and get it approved before 180 days expiration?
5.Once her H4 extension is approved, can she get her H4 VISA re-validated in US? Can she apply under �Nunc-pro-tunc� Category?
6.Does she have an option to attend H4 visa interview in Canada or Mexico as her Visa and I-94 are expired? If yes, is this better option than going to India?
Please reply.
Thanks in advance
Chinna
It happened to me when my wife' s and my expiry dates were different.
Talk to your attorney and apply asap ....they may or may not use the �Nunc-pro-tunc� category , depends on the attorney.
Thanks
Hi All,
My Wife�s I-94 expired on Jan 15, 2010 and I did not know that I had to apply for her H4 extension while applying for my H1B extension under regular processing on March 1, 2010.My employer also forgot to apply for H4 extension. Now that, it�s been more than 2 months with the I-94 expired, Can you please let me know what options I have to resolve this issue?
1.Can I upgrade my H1 Processing to Premium and add the H4 processing to it, so that both H1 and H4 are processed simultaneously?
2.If adding H4 while upgrading H1 to premium is not possible, Should I just upgrade my H1 to Premium so that I can know the results soon and have ample time (before the 180 days grace period) to apply for H4 extension(I-539).Is it true that H1B premium approval is risky compared to regular processing ?
3.Is it safe to go back to India within 180 days (after I-94 expiration) and get H4 stamping in her home country once I get my H1 Extension?
4.Should I just leave my H1B in regular processing and attach the H4 extension (I-539) to it? If attaching H4 is not possible, Can I file H4 separately and get it approved before 180 days expiration?
5.Once her H4 extension is approved, can she get her H4 VISA re-validated in US? Can she apply under �Nunc-pro-tunc� Category?
6.Does she have an option to attend H4 visa interview in Canada or Mexico as her Visa and I-94 are expired? If yes, is this better option than going to India?
Please reply.
Thanks in advance
Chinna
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admin
01-05 07:59 AM
Here are the statistics on the contributions so far on Immigration Voice.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#CollectionsSoFar
We have collected more than $5,000 in just 2 days. We have an initial target of $100,000. We can definitely achieve this if we can get 1000 members contributing $100 each to meet this target.
In that page we also have a section on how the funds are being overseen.
All, do not think that others will do the contribution. We need your contributions now to start lobbying!!!
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#CollectionsSoFar
We have collected more than $5,000 in just 2 days. We have an initial target of $100,000. We can definitely achieve this if we can get 1000 members contributing $100 each to meet this target.
In that page we also have a section on how the funds are being overseen.
All, do not think that others will do the contribution. We need your contributions now to start lobbying!!!
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satishku_2000
07-08 03:18 PM
Yeah it was on fox news live, This guy Tom Tancredo says people dont have "right to green card". As far as I understand I dont beleive that I have a right to green card and I beleive vast majority people on this forum know that fact.
Mere submitting AOS application does not guarentee Green card for anyone , If Tom Tancredo has problem with lawsuits for due process he should be more concerned how CIS handled 60000 applications in 12 working days.
Mere submitting AOS application does not guarentee Green card for anyone , If Tom Tancredo has problem with lawsuits for due process he should be more concerned how CIS handled 60000 applications in 12 working days.
prabasiodia
08-01 11:13 AM
All they need to do is add "text message" functionality and a new Cascaded Style Sheet.
I sincerely hope that's not the case though. :rolleyes:
If you look at the new features list:
A customer-centric home page that provides applicants with a “one-stop shop” of immigration services information.
Simplified navigation and improved search capability.
Enhanced customer service tools including expanded Case Status Online with both email and text functionality.
Information that is written clearly and meets the needs of our customers.
It is pretty vague. They may just make some cosmetic changes for the existing website. I dont see anything new here. I hope they prove me wrong!
I sincerely hope that's not the case though. :rolleyes:
If you look at the new features list:
A customer-centric home page that provides applicants with a “one-stop shop” of immigration services information.
Simplified navigation and improved search capability.
Enhanced customer service tools including expanded Case Status Online with both email and text functionality.
Information that is written clearly and meets the needs of our customers.
It is pretty vague. They may just make some cosmetic changes for the existing website. I dont see anything new here. I hope they prove me wrong!
morchu
05-05 02:02 PM
Yes. This is probably one of the simplest RFE's to reply. Other members have provided enough details on what to include. Some more documents I can think of are:
Dependent Medical Insurance, Joint Auto Insurance, Joint lease/mortgage agreement (joint residence), flight tickets of vacation trips together.
Dont worry if you dont have "all" of the mentioned documents. I hear that USCIS attaches a barcode sticker for the reply, and having this makes them easier to track your reply.
Dependent Medical Insurance, Joint Auto Insurance, Joint lease/mortgage agreement (joint residence), flight tickets of vacation trips together.
Dont worry if you dont have "all" of the mentioned documents. I hear that USCIS attaches a barcode sticker for the reply, and having this makes them easier to track your reply.
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