mbm
12-14 03:02 PM
I’ve successfully e-filed my renewal and got the approval for both EAD and AP in just two weeks. It’s really a good system.
My case is little different though – When I entered US this time, I had H1 approval but not the stamping in my passport (didn’t want to go through the stamping hassle), so I used my AP at the port of entry.
When I renewed my EAD and AP online, I mentioned, “I entered using AP” and my current status is “H1”. There were no queries, and got the approval.
My case is little different though – When I entered US this time, I had H1 approval but not the stamping in my passport (didn’t want to go through the stamping hassle), so I used my AP at the port of entry.
When I renewed my EAD and AP online, I mentioned, “I entered using AP” and my current status is “H1”. There were no queries, and got the approval.
ramaonline
07-10 07:37 PM
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months. - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
[I]H1 term of 6 years includes l1 time and excludes vacation periods
2. Can he do H1 transfer using AC21 without I140 approval?
Not sure what you are looking for. 1 year H1 extension is possible since labor PD is 2004. The extension also allows you to transfer / change employers[I]
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
premium processing for 140 is available in some cases - chk the faq on uscis website. If the 140 is withdrawn prior to approval then the PD cannot be ported. If it is revoked after approval then u can retain the PD for any new GC process. 3 year h1 extn is also possible
4. If we leave about GC, Can he do H1 transfer atleast?
Yes based on approved LC + h1 extension.
Note that gc is for a future job offer.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months. - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
[I]H1 term of 6 years includes l1 time and excludes vacation periods
2. Can he do H1 transfer using AC21 without I140 approval?
Not sure what you are looking for. 1 year H1 extension is possible since labor PD is 2004. The extension also allows you to transfer / change employers[I]
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
premium processing for 140 is available in some cases - chk the faq on uscis website. If the 140 is withdrawn prior to approval then the PD cannot be ported. If it is revoked after approval then u can retain the PD for any new GC process. 3 year h1 extn is also possible
4. If we leave about GC, Can he do H1 transfer atleast?
Yes based on approved LC + h1 extension.
Note that gc is for a future job offer.
pd_recapturing
04-28 08:32 AM
I also exactly same cris email as legal_A_IN_limbo yesterday. My employer revoked my H1B.
Do not go by wordings of this message. I have not heard any message that says that previously approved H1B is revoked. I think, this is standard message that indicates that H1B has been revoked.
Do not go by wordings of this message. I have not heard any message that says that previously approved H1B is revoked. I think, this is standard message that indicates that H1B has been revoked.
nhfirefighter13
January 17th, 2005, 06:45 AM
I like 2,3,and 4. Good job, Anders!
more...
chantu
08-21 10:36 PM
Again, no problem at all. My parents will come after 1 year after getting their visa. It is same case with me. But make sure that when they come, they should not overstay beyond six months or whatever I-94 date.
Guys, thank you so much for your replies. Thanks for giving me the ideas on how to address the letter. My parents cannot read/write/speak English (not a single word), so I thought it would be nice for them to have a letter to show at the port of entry. They are traveling with a boy from back home who is a student in a nearby university.
One more question if you guys do not mind, my parents asked for visa to attend my graduation in Dec 07, but they could not come at that time. There were two reasons, 1. did not find somebody to travel with right away and 2. after a month or so, my grandma got sick and was in hospital for a long time. She passed away a month ago. Do you think my parents will have trouble at the port of entry as they did not come for graduation and coming after so many months? Thanks.
Guys, thank you so much for your replies. Thanks for giving me the ideas on how to address the letter. My parents cannot read/write/speak English (not a single word), so I thought it would be nice for them to have a letter to show at the port of entry. They are traveling with a boy from back home who is a student in a nearby university.
One more question if you guys do not mind, my parents asked for visa to attend my graduation in Dec 07, but they could not come at that time. There were two reasons, 1. did not find somebody to travel with right away and 2. after a month or so, my grandma got sick and was in hospital for a long time. She passed away a month ago. Do you think my parents will have trouble at the port of entry as they did not come for graduation and coming after so many months? Thanks.
mambarg
09-26 12:41 PM
If you see data.
Approvals started happening only in JUNE, JULY, AUG, SEP.
So all applications till first few weeks of JUNE have got VISA numbers and are getting approved.
Those who filed after JUNE 15th, need to wait till next week i.e Oct 1, to get VISA assigned.
But only those current in Oct will get VISA number assigned.
Also worry is they may take it easy and wait till next May/June to start the RUSH or if they keep the pace, then the july fiasco is acutally a boon to all waiting . Imagine, the GC process time is 3-4 months now instead of years.
Things have definitely changed for better at USCIS due to fiasco.
Approvals started happening only in JUNE, JULY, AUG, SEP.
So all applications till first few weeks of JUNE have got VISA numbers and are getting approved.
Those who filed after JUNE 15th, need to wait till next week i.e Oct 1, to get VISA assigned.
But only those current in Oct will get VISA number assigned.
Also worry is they may take it easy and wait till next May/June to start the RUSH or if they keep the pace, then the july fiasco is acutally a boon to all waiting . Imagine, the GC process time is 3-4 months now instead of years.
Things have definitely changed for better at USCIS due to fiasco.
more...
lazycis
01-10 04:23 PM
My husband was born in Switzerland, I was born in China. I borrowed my husband's nationality to submit 485 and 140 concurrently. from the replies above, my case should follow Switzerland, not China. Is that correct? Thanks.
Correct.
Correct.
sroyc
08-14 08:23 PM
As someone correctly replied, you cannot work on H-4.
In fact you cannot do paid internships or on-campus jobs as well. It's hard to get even unpaid internships on H-4. You don't need permission from USCIS to study on H-4.
If you change to F1, you can do both summer internships (Curriculum Practical Training) and get an EAD for a year after graduation (Optional Practical Training).
The problem with switching to F1 is that it is not a dual-intent visa and if you're applying for AOS, it complicates things. For example, you cannot re-enter on F1 after applying for AOS, you need to use AP, which voids your F1 status.
Another issue is that in states like California, you are eligible for in-state tuition at state universities after a year in CA. This does not apply to F1 students.
Can H-4 holder (Dependent) can pursue higher studies in the US. Do we need any special permission from the USCIS ?
Any information will be highly appreciated. TIA
In fact you cannot do paid internships or on-campus jobs as well. It's hard to get even unpaid internships on H-4. You don't need permission from USCIS to study on H-4.
If you change to F1, you can do both summer internships (Curriculum Practical Training) and get an EAD for a year after graduation (Optional Practical Training).
The problem with switching to F1 is that it is not a dual-intent visa and if you're applying for AOS, it complicates things. For example, you cannot re-enter on F1 after applying for AOS, you need to use AP, which voids your F1 status.
Another issue is that in states like California, you are eligible for in-state tuition at state universities after a year in CA. This does not apply to F1 students.
Can H-4 holder (Dependent) can pursue higher studies in the US. Do we need any special permission from the USCIS ?
Any information will be highly appreciated. TIA
more...
paitel
08-14 08:21 PM
My wife completed her BS while on H4.
In Florida person on H4 is regarded as US resident for tuition purposes so, if you attend state university, you will pay (much) lower tuition. I don't know if this applies to other states.
In Florida person on H4 is regarded as US resident for tuition purposes so, if you attend state university, you will pay (much) lower tuition. I don't know if this applies to other states.
eb2dec2005
02-24 06:30 PM
First speak to your employer if they
a) sent a cancellation for H1B
b) If they received any notice from USCIS/request for information or if they have any information about this
c) Though it is not mandatory to file AC21 you can still file AC21 based on a consultation with an attorney.
Most important thing is to know if your employer has informed USCIS about any updates or if the company has received any notification from them
- good luck
kris
I spoke to my employer and he said they cancelled my H1B and not my GC. So i ma assuming my I140 was not revoked.
thanks for your advice.
a) sent a cancellation for H1B
b) If they received any notice from USCIS/request for information or if they have any information about this
c) Though it is not mandatory to file AC21 you can still file AC21 based on a consultation with an attorney.
Most important thing is to know if your employer has informed USCIS about any updates or if the company has received any notification from them
- good luck
kris
I spoke to my employer and he said they cancelled my H1B and not my GC. So i ma assuming my I140 was not revoked.
thanks for your advice.
more...
GCScrewed
11-13 03:07 PM
How come they have not posted the demand data for the Dec. bulliten? We need to make sure they post the information to prevent them from moving the date in consistent with their policy. Someone raised the question related to EB3 Mexco... one year vs. the rest 1 or 2 weeks. Mexico should have the slowest movement as its demand is very high based on the Nov. demand data. In addition, Mexico must have a lot of cases in the field office as they can't even predict its movement as indicated in the Dec. bulliten.
Bottom line... we need to closely monitor all the numbers... ideally reconcile them. Otherwise, their imcompetency and unethical behavior will mess up the bulliten again. :rolleyes:
Bottom line... we need to closely monitor all the numbers... ideally reconcile them. Otherwise, their imcompetency and unethical behavior will mess up the bulliten again. :rolleyes:
danila
07-27 10:04 AM
I do not have a memo or web link, however, when I went for my fingerprinting appointment I asked about the interim EAD of the processing time dragged for my husband.
I was told that there are no facilities at any local USCIS offices for the production of interim EAD's. If your application goes beyond the 90 day time limit, you have two choices. Go to the local office and ask them to send an email to the service center to ask for them to process quickly or issue interim EAD, or call the 1 800 number directly of the service center and cut out the middle man.
I've heard that too, no more interim EADs. I was just commenting on the text of the post.
I was told that there are no facilities at any local USCIS offices for the production of interim EAD's. If your application goes beyond the 90 day time limit, you have two choices. Go to the local office and ask them to send an email to the service center to ask for them to process quickly or issue interim EAD, or call the 1 800 number directly of the service center and cut out the middle man.
I've heard that too, no more interim EADs. I was just commenting on the text of the post.
more...
gaffarkhan
07-16 02:03 PM
Sent I-140 on October 2nd. Status showing as it's recd. Anybody's I-140 approved in that range?
Thanks,
GK
Thanks,
GK
.jpg "[katrina+kaif+hot+ikini+pics+")
northstar1
07-15 08:54 PM
Guy's,
Pls take a moment to digg the washington post coverage of the SJ rally. It's made it to the first page of digg. Lets get it to the top by Monday morning.
http://digg.com/politics/The_Gandhi_Protest
Pls take a moment to digg the washington post coverage of the SJ rally. It's made it to the first page of digg. Lets get it to the top by Monday morning.
http://digg.com/politics/The_Gandhi_Protest
more...
sanju
03-23 11:54 PM
Here is someone. Following is quoted from some other thread.
Thanks! Can I speak with the Washington Post reporter? I have a lot to say on this issue. Just give me that chance.
.
Thanks! Can I speak with the Washington Post reporter? I have a lot to say on this issue. Just give me that chance.
.
mkrisa
08-11 10:16 AM
[QUOTE=sush;136161]EAD is based on pending I-485 and for filing 485, you just need 140 received. So you are OK. My uunderstanding is you can also use AC21 portability after 180 days to change employers as long as your employer doesn't revoke your I-140. So there is that risk with I-140 not approved.
If I continue to be on my H-1B status after filing for I-140,I-485, EAD and I-131 concurrently, can my spouse who is currently on a H-4 Visa opt for her EAD after 90 days of filing these forms? If the answer to that question is an yes, is there any limitation in the kind of jobs she can do?
Also, what happens to her status if the I-140 application or I-485 application gets declined? Can she jump back to H-4 or does it require her to go to her home country for re-stamping? Do you see any potential issues in having her H4 visa re-stampped as she initiallay came to this country as a dependent and then later she used her EAD to work in USA.
If I continue to be on my H-1B status after filing for I-140,I-485, EAD and I-131 concurrently, can my spouse who is currently on a H-4 Visa opt for her EAD after 90 days of filing these forms? If the answer to that question is an yes, is there any limitation in the kind of jobs she can do?
Also, what happens to her status if the I-140 application or I-485 application gets declined? Can she jump back to H-4 or does it require her to go to her home country for re-stamping? Do you see any potential issues in having her H4 visa re-stampped as she initiallay came to this country as a dependent and then later she used her EAD to work in USA.
more...
apb
08-08 01:23 PM
Does arrest for driving with suspended license (License suspended for non payment of ticket) come under traffic violation? Any insight would be much appreciated.
Lasantha
04-11 02:04 PM
Thanks GCwaitforever and HereIComeGC!!!
Thank you Dude and Lasantha. ALso Lasantha - Congrationtions on your GC. I will tolerate the annoying message and grind it out.
Thank you Dude and Lasantha. ALso Lasantha - Congrationtions on your GC. I will tolerate the annoying message and grind it out.
GCBy3000
04-10 09:03 PM
I cant say anything other than a :) and welcome.
Hi,
I got my H1 in 2004 thru an body shopper. I completed my first three year period. got next 3 yr extension recently. when would be right time to apply GC? what category is suggested EB2/EB3?
How long will it take to clear labour?
Thanks for valuable suggestions
Hi,
I got my H1 in 2004 thru an body shopper. I completed my first three year period. got next 3 yr extension recently. when would be right time to apply GC? what category is suggested EB2/EB3?
How long will it take to clear labour?
Thanks for valuable suggestions
nefrateedi
08-29 01:32 PM
I found this link, please see and tell me what is your interpretation:
http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
The effective date of the �Direct Filing� instructions for all of forms I-129F, I-131, I-140, I-360, I-485,
I-765 and I-907 is July 30, 2007, and coincides with the effective date of the fee increase for all immigration benefit applications and petitions. During the first 30 days of �Direct Filing� (July 30 to August 28), USCIS will not reject any form incorrectly filed at the prior filing location. However, applicant must include the correct fee and must meet all other requirements for a proper filing. Beginning on or after August 29, 2007, USCIS will reject any of the forms listed above that are filed with the incorrect filing location. Those rejected and returned forms will include the fee and instructions for proper filing.
Effective July 30, 2007.
Please share your opinion about this....I really want to make sure that I'm safe.
Thanks in advance.
Looks like you're all set...no need to worry!
http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
The effective date of the �Direct Filing� instructions for all of forms I-129F, I-131, I-140, I-360, I-485,
I-765 and I-907 is July 30, 2007, and coincides with the effective date of the fee increase for all immigration benefit applications and petitions. During the first 30 days of �Direct Filing� (July 30 to August 28), USCIS will not reject any form incorrectly filed at the prior filing location. However, applicant must include the correct fee and must meet all other requirements for a proper filing. Beginning on or after August 29, 2007, USCIS will reject any of the forms listed above that are filed with the incorrect filing location. Those rejected and returned forms will include the fee and instructions for proper filing.
Effective July 30, 2007.
Please share your opinion about this....I really want to make sure that I'm safe.
Thanks in advance.
Looks like you're all set...no need to worry!
sattar419
05-05 11:11 AM
Here is my story, Immigration experts are requested to suggest.......
My H1 started from Oct 05 with Employer A.
Applied Labor in Feb 07, Approved in Feb 07.
I-140 approved in May 07.
Applied I-485 in July 07, still pending.
EAD, AP received in Oct 07 - Expired in Oct 08 (Never Used)
Renewed EAD in Oct 08, valid till Oct 2010.
In Oct 08 H1 expired (3 years), Employer A filed for extension in Sep 08.
The project with Employer A finished on Nov 22, 08. (on H1)
Started new project with Employer B on EAD from Nov 24, 08.
(AC21 was not filed)
Employer A responded an RFE for H1 extension in Jan 09. (3years of Tax
Returns, W2, etc)
Due to miscommunication between me and Employer A, he was notified of my
new job on EAD with Employer B in march 09.
H1 Extension with Employer A got REJECTED on April 26, 09. Reason - End client
contract not submitted. (It was not mentioned in RFE)
Never filed an AC21.
What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?
Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.
Experts please suggest........
My H1 started from Oct 05 with Employer A.
Applied Labor in Feb 07, Approved in Feb 07.
I-140 approved in May 07.
Applied I-485 in July 07, still pending.
EAD, AP received in Oct 07 - Expired in Oct 08 (Never Used)
Renewed EAD in Oct 08, valid till Oct 2010.
In Oct 08 H1 expired (3 years), Employer A filed for extension in Sep 08.
The project with Employer A finished on Nov 22, 08. (on H1)
Started new project with Employer B on EAD from Nov 24, 08.
(AC21 was not filed)
Employer A responded an RFE for H1 extension in Jan 09. (3years of Tax
Returns, W2, etc)
Due to miscommunication between me and Employer A, he was notified of my
new job on EAD with Employer B in march 09.
H1 Extension with Employer A got REJECTED on April 26, 09. Reason - End client
contract not submitted. (It was not mentioned in RFE)
Never filed an AC21.
What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?
Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.
Experts please suggest........
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