Green.Tech
08-20 10:08 AM
No. I changed to a different company with same position.
It is more than likely a computer glitch but it's always worth it to check with the USCIS. A few years ago the status on one my approved old H-1B cases changed from Approved to Initial Review. It shows the same (Initial Review) status till date. It did not affect my current and/or future H-1B approvals.
It is more than likely a computer glitch but it's always worth it to check with the USCIS. A few years ago the status on one my approved old H-1B cases changed from Approved to Initial Review. It shows the same (Initial Review) status till date. It did not affect my current and/or future H-1B approvals.
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pom
10-02 06:11 PM
Nice one, Flex. But I couldn't dowload the fla :*(
sekhar007
08-13 10:25 PM
Hi,
Just had a quick question. We haven't included form 134 during the submission. Is that mandatory ? btw my wife and me both are on H1.
Appreciate the reply
Just had a quick question. We haven't included form 134 during the submission. Is that mandatory ? btw my wife and me both are on H1.
Appreciate the reply
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eb3_nepa
10-01 07:47 PM
I guess some ppl have all the luck ;)
Getting ur EAD approved AND not even paying for it :)
Getting ur EAD approved AND not even paying for it :)
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ken
04-08 02:24 PM
Hello gurus
I filled my 485 in july fiasco at Nebraska service center. Today I recieved an online update on my and my wife case (485) saying that case has been transfered to miami,fl , the reason is because it falls under that jurisdiction.
I am EB3 India, PD Aug 2002.
I already recieved my EAD,AP
Let me know your thoughts or if some one else also recieve the same update.
Thanks in advance..
I filled my 485 in july fiasco at Nebraska service center. Today I recieved an online update on my and my wife case (485) saying that case has been transfered to miami,fl , the reason is because it falls under that jurisdiction.
I am EB3 India, PD Aug 2002.
I already recieved my EAD,AP
Let me know your thoughts or if some one else also recieve the same update.
Thanks in advance..
ASR
07-08 02:51 PM
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.
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.
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fromnaija
08-03 12:12 PM
With a priority date of July 2006, you are looking at another four to five years before you get your GC barring any changes in current laws and available visa. Many people advise that you maintain your H1 during the wait just to have a fallback position in case your 485 is denied.
So my status doesnt change until my I 485 is approved- any idea how long that will take? My H 1B expires in Nov of 2007 should I get an extension? Thank you for your replies- Lisa
So my status doesnt change until my I 485 is approved- any idea how long that will take? My H 1B expires in Nov of 2007 should I get an extension? Thank you for your replies- Lisa
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kondur_007
02-23 08:37 PM
I have applied for renewal of H1b and H4 by premium processing on 10-Jan-2010 based on pending green card. I got an RFE for my H1b for which my employer replied on 10-Feb-2010. My H1b got approved where as my wifes H4 got rejected on 22-Feb-2010. Still waiting for denial letter from USCIS. My wifes I-94 got expired on 11-Feb-2010. So is she out of status since 11-Feb-2010. What are my options. Is it better to re-open (MTR) case or go to india and re apply for H4. how is this out of status going to affect her chances of getting renewd in India or her green card application. Any other ideas. Please help.
First a correction: your wife is not "out of status from Feb 11", but actually she is supposed to leave once the denial came on Feb 22. (she was fine between feb 11 and feb 22 as her extension was pending).
She starts to accure illegal presence starting from Feb 22.
Best option for her would be to go back, get a new H4 stap based on your approved H1 and come back; I can not see any problem with that (as far as I can see). Now risk with this entirely depends on the grounds of the denial of her H4 (but if it was denied for some minor reason or by mistake, I dont see any problem at all). This is the best way to solve this and also to make sure GC process is not affected.
Good Luck.
ps: I am not a lawyer. Follow your lawyer's advise.
First a correction: your wife is not "out of status from Feb 11", but actually she is supposed to leave once the denial came on Feb 22. (she was fine between feb 11 and feb 22 as her extension was pending).
She starts to accure illegal presence starting from Feb 22.
Best option for her would be to go back, get a new H4 stap based on your approved H1 and come back; I can not see any problem with that (as far as I can see). Now risk with this entirely depends on the grounds of the denial of her H4 (but if it was denied for some minor reason or by mistake, I dont see any problem at all). This is the best way to solve this and also to make sure GC process is not affected.
Good Luck.
ps: I am not a lawyer. Follow your lawyer's advise.
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Rolling_Flood
08-14 11:05 PM
dude, there's gibberish in the sheet.............is this the right link?
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lazycis
01-15 11:41 AM
Granted the employer may not deduct the attorney fees post filing, does that also necessarily mean the employee should not be required to pay up front?
Yes, it's indirect deduction.
Yes, it's indirect deduction.
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GC_Optimist
08-16 11:03 PM
I was told by my attorneys para leagal (so who knows if this is true or not....) that the ITIN number is the same number that will be issued in the form of ssn.
I think this is incorrect. Since both the formats are different and in my
application we validate SSN . which has completly different logic.
Each number of SSN conveys a particular detail about the SSN. Where
as we capture TIN also but that validation is completly different.
I think this is incorrect. Since both the formats are different and in my
application we validate SSN . which has completly different logic.
Each number of SSN conveys a particular detail about the SSN. Where
as we capture TIN also but that validation is completly different.
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kaisersose
10-11 02:17 PM
There is no problem here.
In the case 485 denial, if the applicant has a H-1b, then the applicant will continue to be in status via the H-1b. If the spouse had given up h-4 status by using EAD, then the spouse will have to activate the h-4 visa back.
If the 485 is rejected and the rejection is not by mistake, then the chances of getting back into the 485 queue and getting an approval are very slim. If the 485 is rejected by mistake, then it may be possible to stay on even without a H-4 while the mistake is being corrected.
Example: Back in 2000 my friend's 485 was approved, but his wife's approval did not show up. After waiting paitently for a few months, he initiated an enquiry and discovered that there was an RFE in his wife's case and the good lawyer did not respond to the RFE resulting in denial of her case. She was out of status at this point, but it was not a problem. The case was reopened by the lawyer and she went back to 485 status and her case was approved 4 years later.
In short, there is not much documentation or knowledge on the possible options after 485 denial. Mainly because 485 rejection is extremely rare. I would not worry about it. Go ahead and use your EAD if you have to.
In the case 485 denial, if the applicant has a H-1b, then the applicant will continue to be in status via the H-1b. If the spouse had given up h-4 status by using EAD, then the spouse will have to activate the h-4 visa back.
If the 485 is rejected and the rejection is not by mistake, then the chances of getting back into the 485 queue and getting an approval are very slim. If the 485 is rejected by mistake, then it may be possible to stay on even without a H-4 while the mistake is being corrected.
Example: Back in 2000 my friend's 485 was approved, but his wife's approval did not show up. After waiting paitently for a few months, he initiated an enquiry and discovered that there was an RFE in his wife's case and the good lawyer did not respond to the RFE resulting in denial of her case. She was out of status at this point, but it was not a problem. The case was reopened by the lawyer and she went back to 485 status and her case was approved 4 years later.
In short, there is not much documentation or knowledge on the possible options after 485 denial. Mainly because 485 rejection is extremely rare. I would not worry about it. Go ahead and use your EAD if you have to.
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The7zen
01-26 07:54 PM
Voted ????? How ? did u get a confirmation ?
Anyone care to answer this ????
Anyone care to answer this ????
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arnet
11-16 12:39 PM
if you file AOS (I-485) then only you will get EAD/AP benefits, but to file I-485 you need to stay in visa like H1B/H4. if you are H1B visa holder, you will eligible to file for it as prinicipal applicant but inorder for your spouse/dependents to qualify as dependent, she has to be in dependent visa (H4) at filing time, so F1 holder is considered as student not as dependent so they are not eligible to file.
Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.
there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.
Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.
there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.
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bestia
10-31 03:03 AM
... but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.
stylepoet, I don't see where is a problem for E2/EB5 situation for countries with treaties. The problem is for countries who don't have treaties with the US, and their people don't have a chance for E2. But on this I understand the position of US government. Look. You are allowed to do you business here, on E2. If you do a serious business then your business should worth at least $1m. If it is, then you will qualify for EB5. Also, you don't need to sell your business nowhere. $1m can be a loan (even from a friend or relative), anything. As long as it's a real investment, and as long as it's a legitimate business. I think it's fair.
Also, I've read that CIS scrutinizes EB5 in great detail, since it's an easy path for all kinda bad people with money. But they approve if they are convinced that everything is legitimate.
stylepoet, I don't see where is a problem for E2/EB5 situation for countries with treaties. The problem is for countries who don't have treaties with the US, and their people don't have a chance for E2. But on this I understand the position of US government. Look. You are allowed to do you business here, on E2. If you do a serious business then your business should worth at least $1m. If it is, then you will qualify for EB5. Also, you don't need to sell your business nowhere. $1m can be a loan (even from a friend or relative), anything. As long as it's a real investment, and as long as it's a legitimate business. I think it's fair.
Also, I've read that CIS scrutinizes EB5 in great detail, since it's an easy path for all kinda bad people with money. But they approve if they are convinced that everything is legitimate.
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namm80
04-07 10:18 PM
H1B extension beyond 6 yrs is possible under 2 circumstances:
a) Labor was filed atleast 365 days before H1B expiry date - which makes you eligible for 1 year extension (NOTE: this does not depend on priority date being current/retrogressed).
b) I-140 has been approved and priority dates are retrogressed. This makes you eligible for 3 yr extension.
So CADude should get 1 yr extension is worst case.
Coming back to your scenario, i don't think you neccessarily need copies of I-140/LC to get H1B xfr. If you have receipt #s of either, you attorney should be able to file H1B xfr case. I know of people who did that in my company. Take a printout of DOL/USCIS case status information if you have receipt # available. If you don't have receipt # as well, then i am afraid, you are out of luck and AC-21 is the only option.
ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
a) Labor was filed atleast 365 days before H1B expiry date - which makes you eligible for 1 year extension (NOTE: this does not depend on priority date being current/retrogressed).
b) I-140 has been approved and priority dates are retrogressed. This makes you eligible for 3 yr extension.
So CADude should get 1 yr extension is worst case.
Coming back to your scenario, i don't think you neccessarily need copies of I-140/LC to get H1B xfr. If you have receipt #s of either, you attorney should be able to file H1B xfr case. I know of people who did that in my company. Take a printout of DOL/USCIS case status information if you have receipt # available. If you don't have receipt # as well, then i am afraid, you are out of luck and AC-21 is the only option.
ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
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DallasBlue
11-10 02:55 PM
I would like to know what is the booth number?
Your Booth Name: IMMIGRATION VOICE
Your Booth Number: 15
is what I got from Needhelp. See you'll there !!
Your Booth Name: IMMIGRATION VOICE
Your Booth Number: 15
is what I got from Needhelp. See you'll there !!
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radhikac
12-21 02:56 AM
hi All,
I am on AP/EAD and need to Transit thru Paris in February. I have a confirmed return ticket and my visas have expired. I am currently in India.I called VFS and they told me that I do not need a transit visa however when I emailed them they responded by saying check with your Airline. I am trying to email the consulate in Mumbai but keep getting bounce backs.
However I found links on the Atlanta and Washigton consulates that say that I need a visa.
http://www.consulfrance-atlanta.org/article.php3?id_article=827
http://www.consulfrance-washington.org/article.php3?id_article=383
Has anyone returned to the US recently on a Advance Parole and expired Visa? and did you need a Transit visa? It would be great if you can tell when you returned. Immigrationvoice seems to be the only place where I could possibly get some real answers.
Apologizes if this thread is under the wrong category
Thanks
Radhika
I am on AP/EAD and need to Transit thru Paris in February. I have a confirmed return ticket and my visas have expired. I am currently in India.I called VFS and they told me that I do not need a transit visa however when I emailed them they responded by saying check with your Airline. I am trying to email the consulate in Mumbai but keep getting bounce backs.
However I found links on the Atlanta and Washigton consulates that say that I need a visa.
http://www.consulfrance-atlanta.org/article.php3?id_article=827
http://www.consulfrance-washington.org/article.php3?id_article=383
Has anyone returned to the US recently on a Advance Parole and expired Visa? and did you need a Transit visa? It would be great if you can tell when you returned. Immigrationvoice seems to be the only place where I could possibly get some real answers.
Apologizes if this thread is under the wrong category
Thanks
Radhika
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10-27 11:47 AM
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gcretroiv
07-09 08:54 PM
Hope "Flower Campaign" will not irritate USCIS and backfire on us, to tough the immigration process.
pady
09-28 04:12 PM
Guys, Suggest me a good consulting company. My employer is OK until now and he just started demanding money even for H1 extensions. I am seriously thinking of moving. Please suggest good desi consulting companies who can support my GC and keep min billing. I have a very good project in hand
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