Siboo
06-14 02:35 PM
What happens after the I-485?
I guess I-486:D
I guess I-486:D
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dealsnet
11-25 04:05 PM
What is your qualification?
Masters or Bachelor with 5 years of experience?
It may be safer to apply EB3 than EB2, if you don't have a strong case.
Hi All,
I applied for Labor in EB2 category in Oct 2007. It was pending for 2 yrs and 2 days back my employer mentioned that they see my Labor status as denied and that they have not received any denial letter yet.
My H1 will expire in early Jan 2011, so I practically have around 365 days from now to apply for a new Labor. My questions are
1. Should I re-appeal?
2. Do Labors get approved in re-appeal?
3. Can I start a new Labor application with the same employer simultaneously?
4. What�s a safe category to apply at this point in time. EB2 or EB3?
Thanks
Masters or Bachelor with 5 years of experience?
It may be safer to apply EB3 than EB2, if you don't have a strong case.
Hi All,
I applied for Labor in EB2 category in Oct 2007. It was pending for 2 yrs and 2 days back my employer mentioned that they see my Labor status as denied and that they have not received any denial letter yet.
My H1 will expire in early Jan 2011, so I practically have around 365 days from now to apply for a new Labor. My questions are
1. Should I re-appeal?
2. Do Labors get approved in re-appeal?
3. Can I start a new Labor application with the same employer simultaneously?
4. What�s a safe category to apply at this point in time. EB2 or EB3?
Thanks
raysaikat
04-27 09:08 PM
Hi All,
I have filed an extension for my parents B2 Visa. I have got extension approval but only got I-94 for father and did not find I-94 for mother. I did attach Supplement-I with my mother's details.
I just happen to look at my application, I-539. I found that I checked the following:
Members of my family are filing this application with me.
The total number of people (including me) in the application is: 1
Is it customary that I only receive I-94 for the principal applicant (in my case) and don't have to worry about?
If not, please share your thoughts. Do I need to file seperate application for my mother at this point?
Thank you all,
Sri
Each person needs to have his/her own I-94. It is an 1-1 mapping between I-94 and passport.
I have filed an extension for my parents B2 Visa. I have got extension approval but only got I-94 for father and did not find I-94 for mother. I did attach Supplement-I with my mother's details.
I just happen to look at my application, I-539. I found that I checked the following:
Members of my family are filing this application with me.
The total number of people (including me) in the application is: 1
Is it customary that I only receive I-94 for the principal applicant (in my case) and don't have to worry about?
If not, please share your thoughts. Do I need to file seperate application for my mother at this point?
Thank you all,
Sri
Each person needs to have his/her own I-94. It is an 1-1 mapping between I-94 and passport.
2011 Young couple holding hands on
makemygc
07-24 04:36 PM
Hi,
If 4 months after 485 filed, I leave my job. Can I use EAD to work for another company? My wife also has 485 filed, so I can use her to renew my EAD if I need to.
I'm assuming you both have filed 2 I-1485 and 2 EAD each. Based on your I-485, it's safe to change job only after 180 days of I-485 receipt date. You can change after 4 months but if for some reason your I-140 get revoked you are screwed. Same thing if you use the EAD obtained using your wife's 485. If you change your job before 6 months but use your wife's EAD and later on your company revoke your I-140, your I-1485 application is screwed up but you will stil be in status if your wife 485 is fine.
Again, there is risk involved with such a peculiar cases and you might get NOD. I've seen one such case in IV where husband got a rfe on wife's I-485 even though he withdrew his application long back. But that case has some other issues as well so it all depends on case-to-case.
Moral of the story is, if it is not a do or die situation, keep your case as simple as possible and switch job only after 6 months of 485.
Please close this thread also as there are several threads with similar questions.
If 4 months after 485 filed, I leave my job. Can I use EAD to work for another company? My wife also has 485 filed, so I can use her to renew my EAD if I need to.
I'm assuming you both have filed 2 I-1485 and 2 EAD each. Based on your I-485, it's safe to change job only after 180 days of I-485 receipt date. You can change after 4 months but if for some reason your I-140 get revoked you are screwed. Same thing if you use the EAD obtained using your wife's 485. If you change your job before 6 months but use your wife's EAD and later on your company revoke your I-140, your I-1485 application is screwed up but you will stil be in status if your wife 485 is fine.
Again, there is risk involved with such a peculiar cases and you might get NOD. I've seen one such case in IV where husband got a rfe on wife's I-485 even though he withdrew his application long back. But that case has some other issues as well so it all depends on case-to-case.
Moral of the story is, if it is not a do or die situation, keep your case as simple as possible and switch job only after 6 months of 485.
Please close this thread also as there are several threads with similar questions.
more...
JaisGCQuest
10-03 05:34 PM
Once your I-140 is approved you can retain your Priorty dates. Even if the Company A revokes your I - 140 [ which they cannot do like that..they should have a valid reason to revoke anyones I-140 - either fraud or you are convicted for something ] . Now do you have the copy of your I-140 approval because that will be needed !
Thanks,
Thanks,
ramhs
02-20 12:50 AM
Going by the trend, you have to make sure that the application reaches USCIS by April 2nd. April 1st is a holiday.
Can we send the application early, like one week in advance ?
Can we send the application early, like one week in advance ?
more...
santb1975
01-28 10:45 PM
^^^
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txGuy
07-17 09:02 PM
what number did you call to request FP? please share.
Thanks.
Thanks.
more...
smartboy75
08-25 05:19 PM
bump ^^^^
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sku
12-26 02:16 PM
Along with other documents, include a copy of I485 Receipt Notice and EAD card.
Did any body Tried that earlier, Like instead of sending the H1-B sent "I485 Receipt Notice and EAD card" for parents Visa ?
Did any body Tried that earlier, Like instead of sending the H1-B sent "I485 Receipt Notice and EAD card" for parents Visa ?
more...
smuggymba
05-12 09:38 PM
I am in the same boat, so can we use PD and I-140 from employer A even through my employment and H1B are not with Employer for a few months?
not sure if I understand your question correctly.
not sure if I understand your question correctly.
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LegalIndianInUSA
09-11 03:11 PM
Can someone suggest how I can go about getting some clarification from USCIS regarding the usage of H1 post AP (i.e. in Parolee status, can a person use H1 797 approval to work)
Yes, there's the May 2000 interim memo (which is unfortunately not available from the USCIS website though) and even the memo is not very clear on the subject.
I was thinking of writing to the Ombudsman and having them get this clarified. We get different opinions from different lawyers. I'd like one straight answer from the authority who's "interpretation" matters : USCIS.
So, can IV take this forward with the Ombudsman or should I file a 7001 or something with them?
Thanks,
Yes, there's the May 2000 interim memo (which is unfortunately not available from the USCIS website though) and even the memo is not very clear on the subject.
I was thinking of writing to the Ombudsman and having them get this clarified. We get different opinions from different lawyers. I'd like one straight answer from the authority who's "interpretation" matters : USCIS.
So, can IV take this forward with the Ombudsman or should I file a 7001 or something with them?
Thanks,
more...
house Couple Holding Hands on Beach
desi3933
01-25 08:37 AM
I had a opt which expired on the 9th. of november and on June 08 i applied to start green card process with help of a lawyer.I have a master degrees from the US and my lawyer told me that i did not need to apply for a H1 visa or a work permit and could directly go for green card. we started the process in June 08 and I applied to eta 9089 on September 08 and could not get any reply back for almost 5 months. My lawyer tells me that it is normal to not get an answer for so long even thought I think we had to get an answer in 3 to 4 weeks after September. Now, my lawyer suggests me to go back to my country as my status will be put of status and I could continue my green card process from back home.
I would like to know if my lawyer is telling me the truth or my lawyer made any mistake..
I need help!!!
You are out of status since Jan 7th. (Nov 9 + 60 days)
Who filed for ETA-9089, Application for Permanent Employment Certification? Typically it is the Employer. I guess, you are EB-2/EB-1 and RoW, since only in that case one file for I-140/I-1485 and can jump from OPT to AOS.
In my opinion, your lawyer took very aggressive approach and should have had Plan B.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
I would like to know if my lawyer is telling me the truth or my lawyer made any mistake..
I need help!!!
You are out of status since Jan 7th. (Nov 9 + 60 days)
Who filed for ETA-9089, Application for Permanent Employment Certification? Typically it is the Employer. I guess, you are EB-2/EB-1 and RoW, since only in that case one file for I-140/I-1485 and can jump from OPT to AOS.
In my opinion, your lawyer took very aggressive approach and should have had Plan B.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
tattoo South America image
tabletpc
04-02 12:19 PM
If you want immediate responses then your questions should be either on EAD/AP/485 or something to do with GC. For other queries members here take low priority..this is my observation..!!! But keep sharing knowledge ...!!!
Coming to your questions,
The best suggestion would be to request company B to apply under premium, so that you will get to know either way in 15 days...!!!
Good luck...
Coming to your questions,
The best suggestion would be to request company B to apply under premium, so that you will get to know either way in 15 days...!!!
Good luck...
more...
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alex05
04-05 09:27 AM
what is the 2nnd RFE about? Is it related to the first one?
dresses couple holding hands on each.
ivgclive
04-25 04:24 PM
Hi- My stamping on my passport expired on Sep'2008 (over 19 months now). But, my I-797 is valid till Aug'2012. I plan to get my visa re-stamping done when I go to India in May'10.
1. Will there be any issues?
2. What am I supposed to say for this question in the visa application website?
"Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?*" (YES/NO)
The VFS website says the following:
"The following applicants do NOT qualify for appointments in the visa renewal category:
Applicants who have a U.S. visa that expired more than 12 months ago.
"
Thanks.
1. Any Issues?
As for as the standard procedures concerned, you will have no issues. There are chances for 221g, definitely not because of you have let the visa stamp expired, but if they need to check about your company.
2. You should choose "NO". You have crossed the timeline for a visa renewal queue and it is considered as a new h1 stamp. Keep in mind that this is just a queue, who gets appointments before you + can stand in front of you. As soon as you reach the counter, the procedures of how your request is validated by the visa officer is same as every other H1.
1. Will there be any issues?
2. What am I supposed to say for this question in the visa application website?
"Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?*" (YES/NO)
The VFS website says the following:
"The following applicants do NOT qualify for appointments in the visa renewal category:
Applicants who have a U.S. visa that expired more than 12 months ago.
"
Thanks.
1. Any Issues?
As for as the standard procedures concerned, you will have no issues. There are chances for 221g, definitely not because of you have let the visa stamp expired, but if they need to check about your company.
2. You should choose "NO". You have crossed the timeline for a visa renewal queue and it is considered as a new h1 stamp. Keep in mind that this is just a queue, who gets appointments before you + can stand in front of you. As soon as you reach the counter, the procedures of how your request is validated by the visa officer is same as every other H1.
more...
makeup 17-couple-holding-hands-
abcd_1234
05-30 09:23 AM
Hi
I got selected in the lottery this year 2009 for H1. I filed it through a consultant in US. I am currently in India and waiting for I-797. Some quick questions :
1. If a MNC in US is ready to offer me a job, when is the earliest, the H1 can get transferred ?. is it possible to get the H1 transferred before I get it stamped in India itself ? (before October).
2. If the above is not possible, when is it possible to transfer the H1 ?.
3. Is it necessary I work with the consultant, before I can get my H1 transferred?.
I got selected in the lottery this year 2009 for H1. I filed it through a consultant in US. I am currently in India and waiting for I-797. Some quick questions :
1. If a MNC in US is ready to offer me a job, when is the earliest, the H1 can get transferred ?. is it possible to get the H1 transferred before I get it stamped in India itself ? (before October).
2. If the above is not possible, when is it possible to transfer the H1 ?.
3. Is it necessary I work with the consultant, before I can get my H1 transferred?.
girlfriend Hawaii034.jpg. Asian bride
bhagat69
04-23 12:21 PM
Please can you tell me how I can start my own thread
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alterego
01-17 06:28 AM
Those of you planning to reach the 485/EAD "heaven". Please have a look at this
link suggesting you apply for EAD 6 months in advance.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1847c9ee2f82b010VgnVCM10000045f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
Apply too early and you are screwed by an early approval that will render your EAD valid for just 6 months(my last 2 were approved within 2 weeks). Apply too late and risk unauthorised work and or having to get fired/stay off the job.
All this just weeks after they removed the ability to get an emergency 90 day EAD at the local field offices if they delayed more than 90 days.
The USCIS is getting very mean with those of us waiting in the legal queue in my view. A lot is going on behind the scenes, I hope we are not all made scapegoats of dumb policy in the end.
link suggesting you apply for EAD 6 months in advance.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1847c9ee2f82b010VgnVCM10000045f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
Apply too early and you are screwed by an early approval that will render your EAD valid for just 6 months(my last 2 were approved within 2 weeks). Apply too late and risk unauthorised work and or having to get fired/stay off the job.
All this just weeks after they removed the ability to get an emergency 90 day EAD at the local field offices if they delayed more than 90 days.
The USCIS is getting very mean with those of us waiting in the legal queue in my view. A lot is going on behind the scenes, I hope we are not all made scapegoats of dumb policy in the end.
thomachan72
11-03 02:28 PM
My perm was filed in May 2007 in EB2. Got RFE in July 2007. Replied within 2 weeks. No response since then.
Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.
They are aparently processing audit cases dated September / october 2007 so yours seems strange. I have no idea about how to contact the labor department. Hopefully some one who knows will point you in the right direction.
Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.
They are aparently processing audit cases dated September / october 2007 so yours seems strange. I have no idea about how to contact the labor department. Hopefully some one who knows will point you in the right direction.
minimalist
09-10 02:54 PM
Is it true that my spouse (currently on H4) with pending AOS if outside US when my (principal applicant) approval comes, will not be able to use H4. Will her H4 get invalidated the moment i become a permanent resident. What happens if she boards a plane and reaches US to find that her H4 is not valid ?
Is this a valid circumstance. Has anyone been in a similar situation.
H4s better keep AP along when traveling.
Is this a valid circumstance. Has anyone been in a similar situation.
H4s better keep AP along when traveling.