rameshk75
02-12 03:38 PM
I think you are not Out of Status as your H1 renewal is pending. You can wait for your exyension...
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desi3933
06-12 04:51 PM
.......
In your situation, I would probably apply for the EAD but ask a new employer to also file for H-1B status for you (assuming you have H-1B time left)
.....
The person should be eligible for H-1B (even if 6 years are complete) as he/she has I-140 pending or approved. If I-140 is pending, then H-1B can be filed for 1 year extension, if I-140 is approved then H-1B extension can be upto 3 years.
My 2 cents.
In your situation, I would probably apply for the EAD but ask a new employer to also file for H-1B status for you (assuming you have H-1B time left)
.....
The person should be eligible for H-1B (even if 6 years are complete) as he/she has I-140 pending or approved. If I-140 is pending, then H-1B can be filed for 1 year extension, if I-140 is approved then H-1B extension can be upto 3 years.
My 2 cents.
fullerene
12-14 09:29 PM
I received an invitation letter from Congressman Marty Meehan to attend the town meeting at 10am 12/16 at UMass Lowell.
http://www.house.gov/meehan/
Although the topic of the meeting is "Climate Change: Local Solutions to a Global Crisis". But it will be a good chance for us to meet congressman.
Congressman Marty Meehan is Fifth Congressional District of Massachusetts He does not support the CIR but he do support the elimination of backlog of GC. He is a member of both the House Armed Services and Judiciary Committees.
http://www.house.gov/meehan/
Although the topic of the meeting is "Climate Change: Local Solutions to a Global Crisis". But it will be a good chance for us to meet congressman.
Congressman Marty Meehan is Fifth Congressional District of Massachusetts He does not support the CIR but he do support the elimination of backlog of GC. He is a member of both the House Armed Services and Judiciary Committees.
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rocky17105
07-28 12:28 AM
Not sure if i cant use the EAD. My lawyer said if USCIS hasnt revoked the EAD it is safe to use it. Currently though I am on H1B which is valid for one more month.
It doesnt make sense to me that i have to pay for USCIS mistake. Would contacting senator/congressman will help?
It doesnt make sense to me that i have to pay for USCIS mistake. Would contacting senator/congressman will help?
more...
EndlessWait
04-12 07:12 PM
Considering, if lobbying with $ is how things work here and it will help the govt. to fund the war, I've a great idea.
Tell the lawmakers, we legal H1b highly skilled workers are willing to shell out $10K-$20K, if they can have a provision after I-140 to let us get I-485 Premium Processing. This fee, lets call it Premium processing GC fee, can help government in all the good ways.
Paying this premium processing is giving government funds to support various things namely balance budget, fund the troops in war.
IV should consider this seriously and debate.
Say what???
:-)
Tell the lawmakers, we legal H1b highly skilled workers are willing to shell out $10K-$20K, if they can have a provision after I-140 to let us get I-485 Premium Processing. This fee, lets call it Premium processing GC fee, can help government in all the good ways.
Paying this premium processing is giving government funds to support various things namely balance budget, fund the troops in war.
IV should consider this seriously and debate.
Say what???
:-)
khris49
10-21 11:56 AM
I have 2 approved I-140s from same company with which I am currently working. One PD is end 2004 and another is end 2005.
My I-485 was filed last July with PD end 2004 (I-140 was approved way back in 2006).
Recently, an ombudsman inquiry revealed my PD to be end 2005 and not end 2004. The 140 with PD end 2005 was never used to file 485.
Anybody with similar experience?
How do I get this corrected?
My category is EB2 India.
Sweet_jungle, I am in a similar situation. My attorney sent a request to TSC 3 months back to fix the PD but no response yet. What did you do to open the obmudsman inquiry? Did you send him an email or did you send him a letter in the email
My I-485 was filed last July with PD end 2004 (I-140 was approved way back in 2006).
Recently, an ombudsman inquiry revealed my PD to be end 2005 and not end 2004. The 140 with PD end 2005 was never used to file 485.
Anybody with similar experience?
How do I get this corrected?
My category is EB2 India.
Sweet_jungle, I am in a similar situation. My attorney sent a request to TSC 3 months back to fix the PD but no response yet. What did you do to open the obmudsman inquiry? Did you send him an email or did you send him a letter in the email
more...
rangaswamy
02-12 04:13 PM
Hi,
I am from the Philadelphia region. I should be able to apply for my I-140 in a week or so. Does anyone know approximately how long it would take me if I applied the NON-Premium way?
Thanks
Nebrasaka takes anywhere between 3 to 8 months. Texas takes anywhere from 12 days (in my case) to 2 months.
Texas is much faster.
I am from the Philadelphia region. I should be able to apply for my I-140 in a week or so. Does anyone know approximately how long it would take me if I applied the NON-Premium way?
Thanks
Nebrasaka takes anywhere between 3 to 8 months. Texas takes anywhere from 12 days (in my case) to 2 months.
Texas is much faster.
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paskal
06-27 12:46 PM
you are allowed to file for a renewal 120 days before the previous document expires.
"replacement" is different- it's for a lost card or damaged etc
"replacement" is different- it's for a lost card or damaged etc
more...
hemya
10-14 10:29 AM
I self filed for EAD. Was very easy. I plan to do the same for AP. $1000 is a lot for AP filing.
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ss1026
09-25 09:17 AM
Thank you "boreal" for the answer.
Another question.
If I wait until my new I140 got approved through new employer and then switch. Now a days because of PERM process and premium processing for I140, it may be approved within two months.
Then even if the old employer withdraws 140, does it effect the priority date of already approved 140?
Do any one has answer for this? Please respond
GC4ALL
I am not sure of your exact question as it is a bit ambiguous but here is what I read/understand
You can port an earlier priority date of an old I-140 even if the job description changes or your category has changed (EB-2 or EB-3). But this is only possible when you are applying for your I-485 (your old PD is current) by attaching a copy of your earlier approved I-140.
Also the underlying labor application/I-140 should be valid and not be substituted/revoked or cancelled. Again, check with an attorney but this is my understanding
Another question.
If I wait until my new I140 got approved through new employer and then switch. Now a days because of PERM process and premium processing for I140, it may be approved within two months.
Then even if the old employer withdraws 140, does it effect the priority date of already approved 140?
Do any one has answer for this? Please respond
GC4ALL
I am not sure of your exact question as it is a bit ambiguous but here is what I read/understand
You can port an earlier priority date of an old I-140 even if the job description changes or your category has changed (EB-2 or EB-3). But this is only possible when you are applying for your I-485 (your old PD is current) by attaching a copy of your earlier approved I-140.
Also the underlying labor application/I-140 should be valid and not be substituted/revoked or cancelled. Again, check with an attorney but this is my understanding
more...
a_yaja
09-09 12:30 PM
Hello All,
I was in H4 status but currently in AOS Pending Status. Is it possible to request for filing F1 thru my current school while the candidate is in AOS Pending / I-485 Pending Status. I would like to obtain the F1 thru school even though my I-485 is in pending status. Firstly, Is it possible to change the status from AOS Pending to F1. Secondly, what would be the process to obtiant the same.
I would really appreciate your feedback / inputs on this regard.
Thank you,
As gc_check mentioned, check with your school coordinators or an immigration attorney. Changing to F1 might endanger you AOS and your GC. F1 is a non-immigrant visa and does not allow for immigration intent like H1B. Hence moving to F1 from AOS could be construed as abandoning you intent to immigrate, therefore USCIS can deny your I-485. This is just my opinion - so consult a good lawyer.
Secondly, why do you want to convert to F1 when you are on AOS? You should be able to get all the benefits of F1 like TA/ RA, on-campus employment (and off-campus too) if you have an EAD. That would be a safer route for you - if you do not already have an EAD, apply for one and after getting your EAD, apply for SSN. That is the way I would go.
I was in H4 status but currently in AOS Pending Status. Is it possible to request for filing F1 thru my current school while the candidate is in AOS Pending / I-485 Pending Status. I would like to obtain the F1 thru school even though my I-485 is in pending status. Firstly, Is it possible to change the status from AOS Pending to F1. Secondly, what would be the process to obtiant the same.
I would really appreciate your feedback / inputs on this regard.
Thank you,
As gc_check mentioned, check with your school coordinators or an immigration attorney. Changing to F1 might endanger you AOS and your GC. F1 is a non-immigrant visa and does not allow for immigration intent like H1B. Hence moving to F1 from AOS could be construed as abandoning you intent to immigrate, therefore USCIS can deny your I-485. This is just my opinion - so consult a good lawyer.
Secondly, why do you want to convert to F1 when you are on AOS? You should be able to get all the benefits of F1 like TA/ RA, on-campus employment (and off-campus too) if you have an EAD. That would be a safer route for you - if you do not already have an EAD, apply for one and after getting your EAD, apply for SSN. That is the way I would go.
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suni
08-27 01:04 PM
I went for Driver licence renewal.I have I797 H1B notice of approval for 2 more years.But I don't have it stamped in passport.So when they see it,they said they won't consider it as visa on passport is not valid and expired.Though I am not using ,I have valid EAD card also.So When I shown it ,they renewd my licence.Now I am thinking,is it ok If I use my EAD card for licence renewal as I am not using EAD status now.I want to be on H1B only.I don't want to use EAD now. can anybody tell me will it be alright to use EAD?Does it effect anywhere in my status?
Please respond.
Please respond.
more...
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cdeneo
04-03 03:56 PM
Will the Canadian tourist visa be issued for only a year since AP is valid for only a year?
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MrDesi
02-07 06:04 PM
Mr Desi - Here is my take on this. Most 485 questions will come up at the time of applying Visa stamp. The consulates dont like the fact that you filed 485.
However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.
In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.
So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
However, Mumbai consulate issued her 221(g) for some inexplicable reason.
Thanks a Lot kshitijnt.
However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.
In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.
So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
However, Mumbai consulate issued her 221(g) for some inexplicable reason.
Thanks a Lot kshitijnt.
more...
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suni
08-27 01:04 PM
I went for Driver licence renewal.I have I797 H1B notice of approval for 2 more years.But I don't have it stamped in passport.So when they see it,they said they won't consider it as visa on passport is not valid and expired.Though I am not using ,I have valid EAD card also.So When I shown it ,they renewd my licence.Now I am thinking,is it ok If I use my EAD card for licence renewal as I am not using EAD status now.I want to be on H1B only.I don't want to use EAD now. can anybody tell me will it be alright to use EAD?Does it effect anywhere in my status?
Please respond.
Please respond.
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cherish37
10-24 03:03 PM
Hi sreedhar,
I am a July 2nd filer, after a long long wait, finally got my checks cleared on Oct 11, 2007, my lawyer received the I-765 and FP notices on 10/19, but not the I-485 receipt. Receipt date is 8/14, different A#s, Not able to check status online. Seems I am the lucky one got experience of all kinds of problems that July 2nd filer encountered.
Most importantly, without the physical I-485 receipt, I am not able to apply for AP... I am very worry about if the I-485 receipt was lost in mail.
I am a July 2nd filer, after a long long wait, finally got my checks cleared on Oct 11, 2007, my lawyer received the I-765 and FP notices on 10/19, but not the I-485 receipt. Receipt date is 8/14, different A#s, Not able to check status online. Seems I am the lucky one got experience of all kinds of problems that July 2nd filer encountered.
Most importantly, without the physical I-485 receipt, I am not able to apply for AP... I am very worry about if the I-485 receipt was lost in mail.
more...
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eager_immi
02-12 10:48 PM
i think you can use experience from your OPT if you have any even if it is with the same company.
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RAJASEKERAN
11-16 10:33 PM
Hi Uma,
My Green card is filed under EB2 category.
Thanks & Regards,
Raj..
My Green card is filed under EB2 category.
Thanks & Regards,
Raj..
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dressking
10-13 12:18 PM
Thanks sammy - I know it is difficult for u with kid etc... but thanks for helping us out.
We have more people, it is a matter of time. Lets keep mobilizing
Mark is from LI. I wonder why he does not show up any more. Has he quit IV?
We have more people, it is a matter of time. Lets keep mobilizing
Mark is from LI. I wonder why he does not show up any more. Has he quit IV?
ragz4u
02-24 01:31 PM
Please take a look at page 249. If I understand it correctly, it mentions that the quota for EB1 goes from 28.6% of EB visas to 15%, EB2 goes from 28.6% to 15% and EB3 goes from 28.6% to 35%
That means they WILL create a new category of EB visas since they have to utilize these extra visas somewhere!
Am I reading it right?
That means they WILL create a new category of EB visas since they have to utilize these extra visas somewhere!
Am I reading it right?
peacocklover
10-08 08:10 AM
Quite typical - on the one hand mouths off against illegals, but on the other hand employs them, I presume at below minimum wage with no benefits. And these are the people who want to be President of this country. Dobbs is nothing but a low life.
