GCwaitforever
07-19 04:00 PM
Congratulations.
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chanduv23
04-21 04:27 PM
Well, if your H1B is based on approved 140 (post 6 years), even that gets invalidated when your 485 is denied due to revocation of I-140.
According to my lawyer, you can very well work on EAD if your 485 is denied because of USCIS's wrongful decision like not looking at AC21 law, July fiasco PD confusion etc ..if you want to be extra conservative here, u can wait till your MTR is filed and you get a receipt notice to start working again.
Thats a "positive view" by an attorney. Some Attorneys use the conservative approach. As such, it is an ambigious call.
Adjustment of Status means "you are in the US" and adjusting status. Now when a decision comes from USCIS - it may be "right" or "wrong". In 99% of cases, the decisions are right. 1 % cases where employer revoked 140 or July fiasco confusion or other stuff can be attributed to "wrong" decisions. Thats why a denial letter states that one has to apply for MTR if their decision was not right and asks for "new facts" that they missed. Ability to file for MTR means, you are showing USCIS that you are indeed eligible to adjust status. All this is within the law.
But the irony is - when one's 485 gets denied and MTR is in progress, one cannnot renew EAD or AP because the 485 has been flagged as "denied".
Now, if one files for MTR and leaves the country - it means this person has given up and the MTR will not get processed any further and 485 decision is final - and if the decision was wrongful - it means the person as actually obliged to a wrongful denial.
So what is the status when one files MTR? It is not defined.
Thats exactly why I said " An Attorney will be able to explain"
My personal suggestion - "Don't stress". If your 485 gets wrongfully denied, MTRs take usually few weeks to 3 months or so.
According to my lawyer, you can very well work on EAD if your 485 is denied because of USCIS's wrongful decision like not looking at AC21 law, July fiasco PD confusion etc ..if you want to be extra conservative here, u can wait till your MTR is filed and you get a receipt notice to start working again.
Thats a "positive view" by an attorney. Some Attorneys use the conservative approach. As such, it is an ambigious call.
Adjustment of Status means "you are in the US" and adjusting status. Now when a decision comes from USCIS - it may be "right" or "wrong". In 99% of cases, the decisions are right. 1 % cases where employer revoked 140 or July fiasco confusion or other stuff can be attributed to "wrong" decisions. Thats why a denial letter states that one has to apply for MTR if their decision was not right and asks for "new facts" that they missed. Ability to file for MTR means, you are showing USCIS that you are indeed eligible to adjust status. All this is within the law.
But the irony is - when one's 485 gets denied and MTR is in progress, one cannnot renew EAD or AP because the 485 has been flagged as "denied".
Now, if one files for MTR and leaves the country - it means this person has given up and the MTR will not get processed any further and 485 decision is final - and if the decision was wrongful - it means the person as actually obliged to a wrongful denial.
So what is the status when one files MTR? It is not defined.
Thats exactly why I said " An Attorney will be able to explain"
My personal suggestion - "Don't stress". If your 485 gets wrongfully denied, MTRs take usually few weeks to 3 months or so.
mantagon
07-28 09:12 AM
A couple of years back, my wife, who was on OPT back then moved from OH to TN. All she had to do was to give the written test in TN to get the TN license.
Also, from my past experiences, I can suggest you to try again by going to a different DMA. Speak to the manager, if possible and reason with him/her. Good luck!
Actually, I took all my documents and initially I was issued Maryland driver's license then he saw this note and called his supervisor and his supervisor cancelled Maryland Driver's license and gave me back Ohio driver's license. May be its matter of whether someone looks your ohio driver's license carefully or not. but bottomline now, I am not able to get Maryland driver's license.
Should I goto different DMA? is it illegal if someone gave me Maryland license even though there is "non renewable/non transferable" written?
Also, from my past experiences, I can suggest you to try again by going to a different DMA. Speak to the manager, if possible and reason with him/her. Good luck!
Actually, I took all my documents and initially I was issued Maryland driver's license then he saw this note and called his supervisor and his supervisor cancelled Maryland Driver's license and gave me back Ohio driver's license. May be its matter of whether someone looks your ohio driver's license carefully or not. but bottomline now, I am not able to get Maryland driver's license.
Should I goto different DMA? is it illegal if someone gave me Maryland license even though there is "non renewable/non transferable" written?
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mdmd10
08-03 01:31 PM
My EB2 I-140 is pending at NSC since 1st May 2007. I have a PD of 5th May 2004, which is current as of August, but looks like until my I-140 is approved, I would still have to wait.
more...
WeShallOvercome
07-24 07:26 PM
Hello,
I have an unfortunate situation. My parents names are misspelled in the Birth certificate compared to the Passport parents name page. Do we need to submit the parents names page of the passport when we submit our documents for 485 ?? Please let me know if this will be a problem and if there is a work around for this ??
Also if I have a Birth certificate (with my actual full name - dated in 2007 though), do I need to submit the affidavits ??
Thanks
You should be fine... at the most an RFE to clarify the confusion...
I have an unfortunate situation. My parents names are misspelled in the Birth certificate compared to the Passport parents name page. Do we need to submit the parents names page of the passport when we submit our documents for 485 ?? Please let me know if this will be a problem and if there is a work around for this ??
Also if I have a Birth certificate (with my actual full name - dated in 2007 though), do I need to submit the affidavits ??
Thanks
You should be fine... at the most an RFE to clarify the confusion...
Anders �stberg
May 1st, 2005, 11:57 PM
Thanks guys!
I like that edit Fred! Make it a little more subtle and it would work really well.
Re. dust; yes it was very dry, I was there for maybe a half hour but there was a thin layer of dust all over me and the gear. I don't like it when the teeth crunch on sand from the air. The dust adds to the shots though, much like fog.
I like that edit Fred! Make it a little more subtle and it would work really well.
Re. dust; yes it was very dry, I was there for maybe a half hour but there was a thin layer of dust all over me and the gear. I don't like it when the teeth crunch on sand from the air. The dust adds to the shots though, much like fog.
more...
singhsa3
08-19 12:48 PM
Yep, just passed level III , today. Now will start applying for the charter.
good to find a fellow CFA candidate/member here... are you done with the exams?
good to find a fellow CFA candidate/member here... are you done with the exams?
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chaukas
08-28 11:39 AM
I hope this helps.
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anilsal
03-14 04:52 PM
is appreciated at IV. This is in addition to any other contributions (either time or money) to IV. :)
I meant "Recurring monthly Contribution" :)
I meant "Recurring monthly Contribution" :)
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centaur
02-12 10:10 AM
YOur I-94 will be same as expiration of visa, only it will be in your "old" passport. When you get your new passport, you will have to carry the old with it ( the one with stamped visa) and thats it. No worries.
I am going to Canada tomorrow for my H-1 stamping. My passport expires in Jan 2008 though (less than a year left!!). I assume that I will get a 3-year visa stamp.
However, when I re-enter the US, I guess the I-94 I get will have an expiration date that matches my passport expiration date rather than my H1B visa expiration date. Am I correct in assuming this?
Is there such a thing as an I-94 extension, and if so how easily does it get approved. Thank you so much, but I am getting really worried right now.
I am going to Canada tomorrow for my H-1 stamping. My passport expires in Jan 2008 though (less than a year left!!). I assume that I will get a 3-year visa stamp.
However, when I re-enter the US, I guess the I-94 I get will have an expiration date that matches my passport expiration date rather than my H1B visa expiration date. Am I correct in assuming this?
Is there such a thing as an I-94 extension, and if so how easily does it get approved. Thank you so much, but I am getting really worried right now.
more...
bluekayal
10-17 08:15 AM
thanks for clarifying.
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seahawks
07-26 08:42 AM
I was able to find this phrase, please check the context from the link provided.
"Where the beneficiary has been counted against the quota during the past six years, and never been out of the US for more than one year during the past six years, a petition is exempt."
http://www.hooyou.com/news/news060906h1b.html
"Where the beneficiary has been counted against the quota during the past six years, and never been out of the US for more than one year during the past six years, a petition is exempt."
http://www.hooyou.com/news/news060906h1b.html
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Domino
04-25 06:46 PM
Thanks man, appreciate your quick response.
Glad to hear you got your visa :) was it hard and strenious?
I do know that the standards for the film & TV industry are tougher, but I think I'll go for the O and not the EB1 which sounds like a lottery.
Best,
Ilan
Well, yes, it was not a fun. I hired somebody and payed around $2000 and the guy send everything without enough documentation and did not write a good essay (actually only halp a page!!). So, of course, they requested additional evidence. Then, I took control and wrote an essay myself (about 10 pages) proving me valuable with supporting evidence materials like awards and local newspapers, programs etc.
Was approved very soon after submitting..
So, get a good attorney (proven to know exactly that kind of stuff) and save yourself TONS of frustrations. Good luck!
Glad to hear you got your visa :) was it hard and strenious?
I do know that the standards for the film & TV industry are tougher, but I think I'll go for the O and not the EB1 which sounds like a lottery.
Best,
Ilan
Well, yes, it was not a fun. I hired somebody and payed around $2000 and the guy send everything without enough documentation and did not write a good essay (actually only halp a page!!). So, of course, they requested additional evidence. Then, I took control and wrote an essay myself (about 10 pages) proving me valuable with supporting evidence materials like awards and local newspapers, programs etc.
Was approved very soon after submitting..
So, get a good attorney (proven to know exactly that kind of stuff) and save yourself TONS of frustrations. Good luck!
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bestofall
07-28 04:27 PM
CIS Ombudsman's 2008 Annual Report: Your Questions and Comments" Tuesday, July 29, 3 pm EST - New 07/14/2008
Is any one would like to join this !
Is any one would like to join this !
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ajju
08-29 11:27 PM
Par: Parolee
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desi3933
02-22 01:36 PM
By filing an I-140 you have shown an intent to immigrate and hence you will not be able to file for an F-1 from outside the country (my personal opinion). However, since you probably do not need to re-enter the country on F-1, you do not have to prove to the official at the consulate that you will return to your home country. So my guess would be you can change to F-1 from within US. BUT, you can forego your H-1B, attain AOS pending status, and attend school.
I think you should consult an attorney.
Once I-485 is filed, one can file for change of status ONLY to H/L status.
______________________
Not a legal advice
US citizen of Indian origin
I think you should consult an attorney.
Once I-485 is filed, one can file for change of status ONLY to H/L status.
______________________
Not a legal advice
US citizen of Indian origin
more...
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ita
05-16 03:50 PM
Hi all, I need your advice and opinions about my situation.
H1b – Started on Oct 07
PERM is approved and my PD is April 6, 2006 (PERM)
i140 and i485 July 2007 (Received by USCIS Texas Center September 10, 2007)
AP and EAD received September 2007
My company lawyer just emails me to ask about renewing my EAD/AP. My company paid for my first EAD/AP and I paid for my wife EAD/AP. Now, I will have to pay both of them since I think they know that it is not main process for my GC sponsorship. They only pay for the green card process.
I do not plan to change my job and do not plan to travel outside US (unless there is a family emergency). My wife and children are all in the US. My wife does not plan to work/travel. So do I need to renew my EAD/AP?
It is nice to have AP since I can travel if I have to travel outside US for Family emergency but for EAD, I do not think that I won’t need it.
Is there any benefit to have EAD in my situation?
If I do not renew my EAD and AP, will I affect my GC / any immigration process in the future, such as renewing my H1b?
For example, if I do not renew this year, can I apply again next year?
Thank you
Read Somewhere on IV before that renewal is better than letting them expire ..
H1b – Started on Oct 07
PERM is approved and my PD is April 6, 2006 (PERM)
i140 and i485 July 2007 (Received by USCIS Texas Center September 10, 2007)
AP and EAD received September 2007
My company lawyer just emails me to ask about renewing my EAD/AP. My company paid for my first EAD/AP and I paid for my wife EAD/AP. Now, I will have to pay both of them since I think they know that it is not main process for my GC sponsorship. They only pay for the green card process.
I do not plan to change my job and do not plan to travel outside US (unless there is a family emergency). My wife and children are all in the US. My wife does not plan to work/travel. So do I need to renew my EAD/AP?
It is nice to have AP since I can travel if I have to travel outside US for Family emergency but for EAD, I do not think that I won’t need it.
Is there any benefit to have EAD in my situation?
If I do not renew my EAD and AP, will I affect my GC / any immigration process in the future, such as renewing my H1b?
For example, if I do not renew this year, can I apply again next year?
Thank you
Read Somewhere on IV before that renewal is better than letting them expire ..
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Sampath7768
10-15 01:40 PM
Hello Friends,
I have recently seen an excellent summary on this but now I am not able to find it. Below are my doubts and would appreciate some inputs or please direct me to that link...
1) Have a Job on H1B
2) Received EAD.
My Question is "Can I take up a second job on EAD and continue using H1B for my first job?"
Pl adice.
Thanks much.
PD: Feb 2005, EB2
RD: 20th July 07
ND: 17 th Aug 07
I have recently seen an excellent summary on this but now I am not able to find it. Below are my doubts and would appreciate some inputs or please direct me to that link...
1) Have a Job on H1B
2) Received EAD.
My Question is "Can I take up a second job on EAD and continue using H1B for my first job?"
Pl adice.
Thanks much.
PD: Feb 2005, EB2
RD: 20th July 07
ND: 17 th Aug 07
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Sunx_2004
10-10 12:36 PM
My application reached NSC on July 17th, No updates yet..:mad:
mwin
11-27 10:26 PM
From murthy: http://www.murthy.com/news/UDac21qa.html#1
Question 2 : I lost my job before the 180-day period. Can I still use portability? TOP
Quite possibly, provided the I-485 remains in pending (unadjudicated) status for at least 180 days. It is the I-485 processing time that is important, not when the beneficiary changes positions. This is because the "green card" (GC) is based upon a future job offer. The person is not required to have worked for the GC-sponsoring employer prior to filing or obtaining the GC. Accordingly, it appears the AC21 law did not intend to change the prior law, which only requires a future job offer with respect to the GC sponsorship in employment-based cases. Please refer to the disclaimer at the end of this page, since, at the time of this writing, the regulations have not been published.
Also, check: http://immigrationvoice.org/forum/showthread.php?t=4965
Question 2 : I lost my job before the 180-day period. Can I still use portability? TOP
Quite possibly, provided the I-485 remains in pending (unadjudicated) status for at least 180 days. It is the I-485 processing time that is important, not when the beneficiary changes positions. This is because the "green card" (GC) is based upon a future job offer. The person is not required to have worked for the GC-sponsoring employer prior to filing or obtaining the GC. Accordingly, it appears the AC21 law did not intend to change the prior law, which only requires a future job offer with respect to the GC sponsorship in employment-based cases. Please refer to the disclaimer at the end of this page, since, at the time of this writing, the regulations have not been published.
Also, check: http://immigrationvoice.org/forum/showthread.php?t=4965
Munna Bhai
08-30 07:53 AM
copy of first and last paystubs of all employers?
:eek: :eek:
I can hardly find any paystub beyond 6 months, in my case. I hope and pray that I dont get an RFE like that. Do people really keep all the paystubs they ever received from employers? that is an outrage.
If this is not unfair that what else is?
WOW.......
I think the best way to handle this is, atleast contact couple of attorneys and sit down with them. Go over every single detail, and dont miss out on any papers. Some of the papers you listed, are standard attachements anyways. I wonder why your lawyer didnt submit those along with original form?
These type of issues will come only if at some stage(H1b or GC) USCIS has a red-flag associated with this case(or company).
:eek: :eek:
I can hardly find any paystub beyond 6 months, in my case. I hope and pray that I dont get an RFE like that. Do people really keep all the paystubs they ever received from employers? that is an outrage.
If this is not unfair that what else is?
WOW.......
I think the best way to handle this is, atleast contact couple of attorneys and sit down with them. Go over every single detail, and dont miss out on any papers. Some of the papers you listed, are standard attachements anyways. I wonder why your lawyer didnt submit those along with original form?
These type of issues will come only if at some stage(H1b or GC) USCIS has a red-flag associated with this case(or company).
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