xgoogle
06-25 07:59 AM
So we can apply for an EAD and AP renewal when the time comes on our own?
Also is AC-21 filing involved in this case?
And would my current employer need to do anything or need to not do anything?
Thanks,
Also is AC-21 filing involved in this case?
And would my current employer need to do anything or need to not do anything?
Thanks,
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titu1972
07-23 12:56 PM
Lincon, NE
Delivery Date Jul 2,2007 10:25
Delivery Date Jul 2,2007 10:25
vgayalu
01-20 07:13 PM
At this time ,if IV is able to anounce clearly about I 485 filing option trails,
Our guys can get good inspiration in fund raising.
This is just my openiun. If it hurts anybody please excuse.
vgayalu
Our guys can get good inspiration in fund raising.
This is just my openiun. If it hurts anybody please excuse.
vgayalu
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monkeyman
02-04 05:33 PM
First of all, you need to heed to your lawyer's advise. Any charges that demonstrates a lack of good moral character can prevent a re-entry even if you have your green card. Any crime against a person with intent to harm is sufficient charges to reject entry or deny I-485 or revoke the GC. I do know that road rage conviction, DUI, drugs found in person qualify for such denials - I am not sure about domestic violence - hence my recommendation to consult with attorney.
Most of the people who are denied entry on AP are people who were out of status (people whose visa expired and they overstayed, H-1 visa holders who ran out of the period and cannot justify the delay between the H-1 expiry date and EAD issued date).
If you were out of status, attorneys advise you to not leave the country.
Most of the people who are denied entry on AP are people who were out of status (people whose visa expired and they overstayed, H-1 visa holders who ran out of the period and cannot justify the delay between the H-1 expiry date and EAD issued date).
If you were out of status, attorneys advise you to not leave the country.
more...
perm2gc
12-30 02:46 PM
Applicable to all retrogessed guys...
Case deatils :
Approved I-140 & H1-B extended for 3 years beyond 6 years because of approved I-140. Can NOT file I-485 because of retrogression
Next step H1-B transferred to new employer & redo Labor & I-140.
Question :
Can you file I-485 for both employers at the same time ???? & choose whichever comes first. Will there be any complicated issue if you filed I-485 with the 2nd employer after 1st employer has filed I-485
Bottom line ... How complicated will the life be if one changes job after 3 yr. extension of H1 based on approved I-140 ????
Please share your info as the attorneys are nuts..
Has this issues beeb discussed in detail at any other place like WWW.immigration - law.com ??
Please provide with the link
CORE TEAM : Can this issue be discussed with the Attorneys in upcoming conference ???
Your questions have been already addressed many times in many threads.Please search the forum.
Thank you
Case deatils :
Approved I-140 & H1-B extended for 3 years beyond 6 years because of approved I-140. Can NOT file I-485 because of retrogression
Next step H1-B transferred to new employer & redo Labor & I-140.
Question :
Can you file I-485 for both employers at the same time ???? & choose whichever comes first. Will there be any complicated issue if you filed I-485 with the 2nd employer after 1st employer has filed I-485
Bottom line ... How complicated will the life be if one changes job after 3 yr. extension of H1 based on approved I-140 ????
Please share your info as the attorneys are nuts..
Has this issues beeb discussed in detail at any other place like WWW.immigration - law.com ??
Please provide with the link
CORE TEAM : Can this issue be discussed with the Attorneys in upcoming conference ???
Your questions have been already addressed many times in many threads.Please search the forum.
Thank you
rpulipati
10-05 03:11 PM
I had similar situation in labor process. The new company attorney mentioned me to do an amendment for labor processing, however I was reluctant and did not continue with it. An year later on pending labor, I received RFE: something like unable to find company. Attorney then sent the company acquisition details. Months later labor got approved.
Talk to your attorney.
Talk to your attorney.
more...
ssingh92
01-03 11:33 AM
I asked a question regarding use of AP and received following response from Embassy of Belgium.
Dear,
As an Indian citizen you do not need a transit visa IF you are only making an airport transit (in other words, if you stay in the airport terminal and you do not have to re-check your luggage in Brussels ). Please contact your airline to make sure your luggage goes directly to your main destination.
Sincerely,
Marijke Janssens
Also Confirmed with JetAirWays NY. They said that the plane stops for 2Hr for security check and there is no check out/in. So I dont need transit visa.
I booked my ticket in JetAirWays (better than Air India).
Dear,
As an Indian citizen you do not need a transit visa IF you are only making an airport transit (in other words, if you stay in the airport terminal and you do not have to re-check your luggage in Brussels ). Please contact your airline to make sure your luggage goes directly to your main destination.
Sincerely,
Marijke Janssens
Also Confirmed with JetAirWays NY. They said that the plane stops for 2Hr for security check and there is no check out/in. So I dont need transit visa.
I booked my ticket in JetAirWays (better than Air India).
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mdipi
11-07 03:27 PM
thanks for the great comments! deff do a tut! i think ppl would love it! and we can get our PS7 section. well off do do another tut. i feel bored.
more...
shimul99
10-23 09:08 PM
I received my EAD last month. But no AP yet. However, i received an email from my lawyer that.....my AP got rejected because the rejection letter is saying that I485 got approved that's why the I131 is rejected.....therefore, my lawyer is waiting for the I485 approval.....
I don't know how to react. The online doesn't have any update about that yet.
I don't know how to react. The online doesn't have any update about that yet.
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manish1905
02-03 12:47 PM
what if your flight delayed or you fall seek and couldn't travel.I believe it would be a risky move having only 2 days or margin.
MS
MS
more...
finimits
05-02 11:38 AM
Hello Everyone!
I sent this post a few weeks ago but didn't really get a response. I think it's getting a little urgent for me so any help would be greatly appreciated. I'll try to ask more specific questions this time around.
My information:
----------------------
Citizen of India.
Priority Data: March 2008
I-140 approved
About to apply for 3 year extension of H1B after 6th year( which expires on Dec 1st 2011). Employer will apply for this extension in June 2011.
My Questions
----------------------
I want to move to another company in another region in the US.
1. Should I wait for my H1B extension to get approved and then move, or can I move now with the current H1B (transferred) and then have the new company apply for my extension? In the latter case, can they do that since my I-140 was applied by my current employer? Why I ask is because the opportunity in the new company is now and I wont get my extension till August 2011(I presume).
2. Will the new company immediately have to start my LC and PERM as my current H1b expires on december 1st 2011?
Guys, please help me, I am confused. I really appreciate any help!
THanks!
I sent this post a few weeks ago but didn't really get a response. I think it's getting a little urgent for me so any help would be greatly appreciated. I'll try to ask more specific questions this time around.
My information:
----------------------
Citizen of India.
Priority Data: March 2008
I-140 approved
About to apply for 3 year extension of H1B after 6th year( which expires on Dec 1st 2011). Employer will apply for this extension in June 2011.
My Questions
----------------------
I want to move to another company in another region in the US.
1. Should I wait for my H1B extension to get approved and then move, or can I move now with the current H1B (transferred) and then have the new company apply for my extension? In the latter case, can they do that since my I-140 was applied by my current employer? Why I ask is because the opportunity in the new company is now and I wont get my extension till August 2011(I presume).
2. Will the new company immediately have to start my LC and PERM as my current H1b expires on december 1st 2011?
Guys, please help me, I am confused. I really appreciate any help!
THanks!
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kak1978
09-24 10:50 AM
but we received an RFE Yday forwarded from my old address which I moved out 1 year ago and filed AR11.
also the RFE stated that there is no G28 representation on our case and worst thing was online status is still pending.
We had lost 13 valuable days because of address they used in RFE.
Good Luck.!!
What was your RFE about?
also the RFE stated that there is no G28 representation on our case and worst thing was online status is still pending.
We had lost 13 valuable days because of address they used in RFE.
Good Luck.!!
What was your RFE about?
more...
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diptam
06-23 01:15 AM
Generating receipt may take 7-8 days but if they open it
Monday June 25th they may reject it saying its not current .... ??
That rejection will probably come back after 7 days too :-)
Interesting question. Since they are taking 8-10 days or more to generate receipts perhaps we can send papers in now and hope they generate a receipt in the first week of July.
Monday June 25th they may reject it saying its not current .... ??
That rejection will probably come back after 7 days too :-)
Interesting question. Since they are taking 8-10 days or more to generate receipts perhaps we can send papers in now and hope they generate a receipt in the first week of July.
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glus
09-13 12:22 PM
Hi, I have a quite strange situation here:
I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.
I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.
The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.
Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?
Thanks for all you comments.
hello,
This is a pretty complicated situation. What you should do is to speak to your attorney to "connect" your APPROVED I-140 with currently pending 485 petition. Other than that, as long as your 485 is not DENIED, you remain in period of "Authorized Stay" and all documents issued based on the pending 485 remain valid. Note that EAD and AP are issued based on a pending 485, not based on I140. Still, I highly recommend you speak to a qualified attorney. If you PM me, I can recommend one.
Good Luck.
I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.
I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.
The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.
Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?
Thanks for all you comments.
hello,
This is a pretty complicated situation. What you should do is to speak to your attorney to "connect" your APPROVED I-140 with currently pending 485 petition. Other than that, as long as your 485 is not DENIED, you remain in period of "Authorized Stay" and all documents issued based on the pending 485 remain valid. Note that EAD and AP are issued based on a pending 485, not based on I140. Still, I highly recommend you speak to a qualified attorney. If you PM me, I can recommend one.
Good Luck.
more...
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willwin
04-05 09:16 AM
How you filled this much fast? You posted adds before you got PWD? My attorney is saying that we need to wait untill we get PWD to post adds
Well, I am not sure how it works but my attorney assured me that it's all taken care. Looks like the recruitment can happen prior.
Perhaps, the attorney team here on this forum can help us understand how this works.
Well, I am not sure how it works but my attorney assured me that it's all taken care. Looks like the recruitment can happen prior.
Perhaps, the attorney team here on this forum can help us understand how this works.
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kaisersose
07-09 10:20 AM
Hi All,
Give me all your valuable suggestions for the below case:
- Got a full time offer for my wife who is working on H1 and has EAD too.
- She decided to transfer her H1 instead of using EAD.
- My wife has sent all the necessary documentation to the lawyer.
- Mean while, we got I-485 approved. As per lawyer, upon 485 approved, H1b and EAD is no longer valid.
- We have not received I 485 approval notice through mail yet. We just have email from immigration
Our question is on what should be the valuable document that can be shown as eligibility proof to work as we have not received I-485 mail and cards yet.
Another question is: Can we visit local USCIS office for the temporary green card stamp based on the email got from immigration.
Your response is highly appreciated.
I fail to see the problem. If your wife is already working on this job, she will continue to work as before.
If she is waiting to work, what was she originally waiting for? Whatever it was, everything continues as before.
Funny that this lawyer is Ok with transferring H-1b, but does not want to accept an EAD. Anyway, show your 485 approved e-mail to this joker and he should accept your ead as temporary validity to work until the card arrives.
Again as I said, I see no problem at all.
Give me all your valuable suggestions for the below case:
- Got a full time offer for my wife who is working on H1 and has EAD too.
- She decided to transfer her H1 instead of using EAD.
- My wife has sent all the necessary documentation to the lawyer.
- Mean while, we got I-485 approved. As per lawyer, upon 485 approved, H1b and EAD is no longer valid.
- We have not received I 485 approval notice through mail yet. We just have email from immigration
Our question is on what should be the valuable document that can be shown as eligibility proof to work as we have not received I-485 mail and cards yet.
Another question is: Can we visit local USCIS office for the temporary green card stamp based on the email got from immigration.
Your response is highly appreciated.
I fail to see the problem. If your wife is already working on this job, she will continue to work as before.
If she is waiting to work, what was she originally waiting for? Whatever it was, everything continues as before.
Funny that this lawyer is Ok with transferring H-1b, but does not want to accept an EAD. Anyway, show your 485 approved e-mail to this joker and he should accept your ead as temporary validity to work until the card arrives.
Again as I said, I see no problem at all.
more...
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nkavjs
09-12 10:20 PM
same situation...
sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!
No news yet.. no checks cashed.. I am still waiting..
sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!
No news yet.. no checks cashed.. I am still waiting..
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averagedesi
07-13 02:57 PM
Here is an excerpt from the blogs of one immigration attorneys
I've been thinking about this so-called "permanent solution" and the speculation here and elsewhere and I don't think it will be the acceptance of adjustment applications without a priority date because that simply is not permitted under the Immigration and Nationality Act's Section 245(a):
(a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status
The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.
Congress would have to change the law to allow for adjustments to be filed without a priority date being available. They are actually considering such a change as part of the SKIL Act introduced last year and this is something promoted by my friends Gary Endelman and Dinesh Shenoy in articles on the subject.
But that is not to say that there is not a solution that gets close to the same place. Perhaps offering interim benefits like an employment authorization document and advance parole without having the adjustment application filed might be a possibility. I don't believe there is a statutory bar to this
http://blogs.ilw.com/gregsiskind/2007/07/what-i-think-th.html
PS: If this is already discussed the moderators are free to merge it, chuck it
I've been thinking about this so-called "permanent solution" and the speculation here and elsewhere and I don't think it will be the acceptance of adjustment applications without a priority date because that simply is not permitted under the Immigration and Nationality Act's Section 245(a):
(a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status
The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.
Congress would have to change the law to allow for adjustments to be filed without a priority date being available. They are actually considering such a change as part of the SKIL Act introduced last year and this is something promoted by my friends Gary Endelman and Dinesh Shenoy in articles on the subject.
But that is not to say that there is not a solution that gets close to the same place. Perhaps offering interim benefits like an employment authorization document and advance parole without having the adjustment application filed might be a possibility. I don't believe there is a statutory bar to this
http://blogs.ilw.com/gregsiskind/2007/07/what-i-think-th.html
PS: If this is already discussed the moderators are free to merge it, chuck it
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Munna Bhai
10-26 11:18 AM
Ashkam is right...
Labor has to be pending 1 year. I think you will get your PERM approval soon as DOL at present is free.
Be prepared with the paper work for your I-140 premium so that you can file it as soon as you get the PERM approval.
The lawyers will say it will take them no time but they will delay it by at-least 3 weeks to get the paper work done.
In the worst case go for a vacation for 4 months to Canada, get your paper work mailed to you, get the extension stamping done and be back.
I hope this helps and good luck on your green card pursuit...
I-140 premium processing is not available.
Labor has to be pending 1 year. I think you will get your PERM approval soon as DOL at present is free.
Be prepared with the paper work for your I-140 premium so that you can file it as soon as you get the PERM approval.
The lawyers will say it will take them no time but they will delay it by at-least 3 weeks to get the paper work done.
In the worst case go for a vacation for 4 months to Canada, get your paper work mailed to you, get the extension stamping done and be back.
I hope this helps and good luck on your green card pursuit...
I-140 premium processing is not available.
qplearn
09-30 05:45 PM
PERM started last year.. there are people who applied labour before that and still waiting.. i personally know two of my friends who applied for labour in april 2001 and still waiting for approval.
But once they get their labor approved, they will get their I-140, via premium processing, in a day or two and their PDs will surely be current. So they will immediately be able to file for I-485, and in fact it is unlikely that the dates will retrogress behind 2001.
BUt thanks for your clarification. I used to think PERM has solved problems for all.
But once they get their labor approved, they will get their I-140, via premium processing, in a day or two and their PDs will surely be current. So they will immediately be able to file for I-485, and in fact it is unlikely that the dates will retrogress behind 2001.
BUt thanks for your clarification. I used to think PERM has solved problems for all.
sweet_jungle
12-29 09:52 PM
3 year h1 extension requires I140 to be approved plus non-current priority dates. You can get a copy of the approval from your attorney
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 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.