niraja74
07-23 12:44 AM
Hi,
I am going to file for I-485 as the PD is current for all till 17-Aug-2007. I got my LC was approved in Oct-2006 and I-140 in Feb-2007. I am working on H1B visa and my current H1B visa is expiring on 03-Jan-2008 (about 5 months left from now).
So can I apply for I-485 with less than 6 months left in my H1B? Although I still have 2 years left in my 6 year's counter.
Also if I apply for I-485 now without filing for H1B exension can I file for H1B extension later on say (in Sep. 2007)?
Thanks in advance.
Niraja
I am going to file for I-485 as the PD is current for all till 17-Aug-2007. I got my LC was approved in Oct-2006 and I-140 in Feb-2007. I am working on H1B visa and my current H1B visa is expiring on 03-Jan-2008 (about 5 months left from now).
So can I apply for I-485 with less than 6 months left in my H1B? Although I still have 2 years left in my 6 year's counter.
Also if I apply for I-485 now without filing for H1B exension can I file for H1B extension later on say (in Sep. 2007)?
Thanks in advance.
Niraja
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saurin
02-08 04:32 PM
I have a question to concerning my employment status. My manager recently told me that I should look out for a new job within company or outside. I am assuming he is saying that a layoff is looming out for me. I am currently on H-1B/EAD and my wife is also working on EAD.
I can inquire about the prsopects of getting leave of absence which will help me in getting through the immigration process since my priority date is Feb. 18,2005 EB2 India. So I am almost there.
But I am not sure what happens if there is a RFE asking for paystubs.In that case I may not be able to produce paystubs from my company since I am on LOA. And not from any other company since I have an H-1B, I cannot be working for any other company also.
So which is better, LOA or termination of job? Hard choice..
I can inquire about the prsopects of getting leave of absence which will help me in getting through the immigration process since my priority date is Feb. 18,2005 EB2 India. So I am almost there.
But I am not sure what happens if there is a RFE asking for paystubs.In that case I may not be able to produce paystubs from my company since I am on LOA. And not from any other company since I have an H-1B, I cannot be working for any other company also.
So which is better, LOA or termination of job? Hard choice..
coopheal
11-07 06:51 AM
Contribute now so that IV dont have to pass an opportunity during lame duck session or early next year.
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anilsal
11-07 09:27 PM
http://immigrationvoice.org/forum/showthread.php?goto=newpost&t=15252
IL Meet and Greet.
IL Meet and Greet.
more...
transpass
07-24 03:20 PM
Assuming you have very good credit history - you may also consider getting Citibank PremierPass Elite card. It gives you 1 thankyou point for each mile - multiplied by the number of travellers when you book using this card. This is in addition to any airline miles you will earn.
I got $500 of gift cards (staples/sears etc.) and cash checks from encashing the thankyou points (roughly fifty something thousand) from my last India trip. This card has $75 yearly fee - but that is more than compensated by the 20,000 bonus thank you points they give for enrolling in the card.
And if you have a long layover like I had (7 hours) - maybe you could even consider one of those cards which gives you free lounge access. I have Citibank Platinum Amex. These cards require even better credit history than Premierpass Elite. Again - all these cards have yearly fee - but you can get bonus for enrolling which compensates for these. Mine has a $125/yr fee and gave me a bonus of 20,000 thankyou point for enrolling.
I typically go to india every alternate year. My plan is to cancel these cards every year and re-enroll just before I travel.
Hey, what is the cash back rate? 1%, 2%? Is there any limit?
I got $500 of gift cards (staples/sears etc.) and cash checks from encashing the thankyou points (roughly fifty something thousand) from my last India trip. This card has $75 yearly fee - but that is more than compensated by the 20,000 bonus thank you points they give for enrolling in the card.
And if you have a long layover like I had (7 hours) - maybe you could even consider one of those cards which gives you free lounge access. I have Citibank Platinum Amex. These cards require even better credit history than Premierpass Elite. Again - all these cards have yearly fee - but you can get bonus for enrolling which compensates for these. Mine has a $125/yr fee and gave me a bonus of 20,000 thankyou point for enrolling.
I typically go to india every alternate year. My plan is to cancel these cards every year and re-enroll just before I travel.
Hey, what is the cash back rate? 1%, 2%? Is there any limit?
Lasantha
04-01 05:46 PM
I agree 100%
In simple words..
Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..
Here's what we do know
I485 filing provides MAJOR benefits.
140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
So GO AHEAD file concurrently..
In simple words..
Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..
Here's what we do know
I485 filing provides MAJOR benefits.
140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
So GO AHEAD file concurrently..
more...
Saralayar
07-10 09:50 AM
I agree that India is booming up despite these corrupted politicians. But until the politics goes to the hands of real patriots, the growth rate will be less and may even turn back to poverty again and the politicians family will become the richest persons in Asia. This should change first then we can think about that option.:confused:
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agt
05-22 12:31 PM
You will have to file the WH-4 form to DOL. Please do the search in this forum/internet as this has been discussed many many times.
USCIS is cracking down on employers. Whether you are on project or not. Doesn't matter. Employer has to pay you or lay you off and provide ticket back home.
Once you file WH-4, ball is in the court of USCIS/DOL/Employer for unpaid wages.
Thanks for your Reply.
My Employer is also threatning me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?
USCIS is cracking down on employers. Whether you are on project or not. Doesn't matter. Employer has to pay you or lay you off and provide ticket back home.
Once you file WH-4, ball is in the court of USCIS/DOL/Employer for unpaid wages.
Thanks for your Reply.
My Employer is also threatning me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?
more...
pmpforgc
12-11 02:12 PM
Hi
I am trying to file Paper based Advance Parole ( I-131) for me and my family.
I have few questions regarding process and forms. Appriciate your hlep with those.
(1) I Last enetered as F-1. My F-1 visa stamp has expired. I currently have H-1B approved but never stamped on my passport. My I-140 approved and I-485 pending.
On form I-131 in section 3. "Class of admission" what I should write " F-1 "or "H-1B"?
(2) If I check on "More than One trip" in Part-7 section -1 of the form, does the process differ in any way? Does it need any extra fee? Does it need any extra document to support the multiple entry AP application? Will it affect approval in any way? How long (one yr two year?) is AP, once it is approved, is valid?
(3) I never had applied for EAD based on pending I-485 and does not intend to do so in near future.
Does I need to apply for EAD to get AP? and in Cover letter for my AP do I need to mention EAD or it is not required?
(4) For my sons ( 15 yrs age) can I sign as a person preparing form?
thanks for your help with AP application.
I am trying to file Paper based Advance Parole ( I-131) for me and my family.
I have few questions regarding process and forms. Appriciate your hlep with those.
(1) I Last enetered as F-1. My F-1 visa stamp has expired. I currently have H-1B approved but never stamped on my passport. My I-140 approved and I-485 pending.
On form I-131 in section 3. "Class of admission" what I should write " F-1 "or "H-1B"?
(2) If I check on "More than One trip" in Part-7 section -1 of the form, does the process differ in any way? Does it need any extra fee? Does it need any extra document to support the multiple entry AP application? Will it affect approval in any way? How long (one yr two year?) is AP, once it is approved, is valid?
(3) I never had applied for EAD based on pending I-485 and does not intend to do so in near future.
Does I need to apply for EAD to get AP? and in Cover letter for my AP do I need to mention EAD or it is not required?
(4) For my sons ( 15 yrs age) can I sign as a person preparing form?
thanks for your help with AP application.
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pappu
08-19 09:02 PM
It takes only one person to start a movement and everyone follows it. When 4 people do it, it will be a seed for something big.
I am sure now we will get people from across the country doing this in their towns, Malls, Grocery stores, temples, restaurants etc.
This is how a grassroots movement catches momentum and is successful. The success of our rally depends on such people who will go out of the way and make the extra effort.
Kudos to Sanjeev, Raj, Murali and Kumar. You are our heroes of the week.
On behalf of core team, we thank you for this effort.
I am sure now we will get people from across the country doing this in their towns, Malls, Grocery stores, temples, restaurants etc.
This is how a grassroots movement catches momentum and is successful. The success of our rally depends on such people who will go out of the way and make the extra effort.
Kudos to Sanjeev, Raj, Murali and Kumar. You are our heroes of the week.
On behalf of core team, we thank you for this effort.
more...
MannyD
09-07 06:36 PM
Please respond so that we can get an idea of the distribution of EB cases.
You have to be logged in to participate in the poll.
Thanks to MrWaitingGC for the initiative.
You have to be logged in to participate in the poll.
Thanks to MrWaitingGC for the initiative.
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CADude
07-22 06:15 PM
cool site for analysis. I added mine in http://www..com/usa-immigration-trackers/i485-tracker1/
If you go to this site: http://www..com/usa-immigration-trackers/i485-tracker1/
you will see that people that got USCIS I485 receipts, are those whose forms reached USCIS on Jun 25th. That would mean that as of last week USCIS was entering in the cases that came in in the end of Jun. They are not doing July filers yet....
My best bet is that they will begin doing July filers in the middle of next week (7/25) or even later and we will start seeing checks cleared by that date....
If you go to this site: http://www..com/usa-immigration-trackers/i485-tracker1/
you will see that people that got USCIS I485 receipts, are those whose forms reached USCIS on Jun 25th. That would mean that as of last week USCIS was entering in the cases that came in in the end of Jun. They are not doing July filers yet....
My best bet is that they will begin doing July filers in the middle of next week (7/25) or even later and we will start seeing checks cleared by that date....
more...
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chanduv23
09-17 02:42 PM
MY DEAREST FRIENDS, BROTHERS, SISTERS, AUNTS, UNCLES, EVERYONE
I WILL BE LEAVING TO DC IN AN HOUR SO WILL NOT BE POSTING ANY MORE MESSAGES
IN THE PAST FEW DAYS I HAVE BEEN POSTING SOMEE THREADS THAT MAY HAVE ANNOYED SOME FOLKS.
NOTHING PERSONAL HERE AND I WOULD LIKE TO APOLOGIZE TO THOSE WHO DID FEEL OFFENDED BY MY POSTS
I WOULD LIKE TO THANK THIS WONDERFUL COMMUNITY OF PEOPLE WHO ARE REACHING OUT TO HELP EACH OTHER
I STAND FOR UNITY AND SUPPORT.
SO PLEASE TAKE IT EASY AND DO PLEASE MAKE IT TO DC TOMORROW. IT IS YOUR EVENT AND YOU MUST STAND UP FOR YOURSELF
Best Regards and Wishes to each and every one of you,
Chandrakanth
I WILL BE LEAVING TO DC IN AN HOUR SO WILL NOT BE POSTING ANY MORE MESSAGES
IN THE PAST FEW DAYS I HAVE BEEN POSTING SOMEE THREADS THAT MAY HAVE ANNOYED SOME FOLKS.
NOTHING PERSONAL HERE AND I WOULD LIKE TO APOLOGIZE TO THOSE WHO DID FEEL OFFENDED BY MY POSTS
I WOULD LIKE TO THANK THIS WONDERFUL COMMUNITY OF PEOPLE WHO ARE REACHING OUT TO HELP EACH OTHER
I STAND FOR UNITY AND SUPPORT.
SO PLEASE TAKE IT EASY AND DO PLEASE MAKE IT TO DC TOMORROW. IT IS YOUR EVENT AND YOU MUST STAND UP FOR YOURSELF
Best Regards and Wishes to each and every one of you,
Chandrakanth
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jelo
06-15 05:28 PM
My husband is the primary applicant for our GC application and he's on bench since Feb 2009. We have valid EAD and AP's. We are planning to travel using our AP for a 3 week visit to India.
Our question....Is it sensible to travel on AP him being unemployed?
This is my openion.
Your husband is no more on H1b and liable to use EAD on his next job.
AP is based on pending I485, you do not have to work and legally present in US as long as 485 is pending. Since your pending I485 is based on future job, POE IO might ask for the EVL letter from the sponsoring employer to check the integrity of the case, though not very common.
Our question....Is it sensible to travel on AP him being unemployed?
This is my openion.
Your husband is no more on H1b and liable to use EAD on his next job.
AP is based on pending I485, you do not have to work and legally present in US as long as 485 is pending. Since your pending I485 is based on future job, POE IO might ask for the EVL letter from the sponsoring employer to check the integrity of the case, though not very common.
more...
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casinoroyale
08-22 09:42 AM
I know that it is possible to apply for H1-B visa and enter after using EAD. But, I am little dubious about using old visa after using EAD, but it should not make much of a difference I think.
In any case, you should be prepared to field questions at the POE for your actions otherwise he may ask you to use AP instead.
By the way, this is the only way one can re-instate their H1-B status after using EAD.
Coming back on H-1B after using EAD
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
In any case, you should be prepared to field questions at the POE for your actions otherwise he may ask you to use AP instead.
By the way, this is the only way one can re-instate their H1-B status after using EAD.
Coming back on H-1B after using EAD
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
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eb3_nepa
02-03 01:07 PM
The lobbying firm might help us with a few pointers, but getting an appointment should not be affected by that.
It would be Much easier to know our material and then get an appointment. Say we get an appointment for an earlier date, and we're not ready, it's not going to look very professional. We'll probably have one shot at this, let's do it right.
It would be Much easier to know our material and then get an appointment. Say we get an appointment for an earlier date, and we're not ready, it's not going to look very professional. We'll probably have one shot at this, let's do it right.
more...
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sidshar
05-15 03:37 PM
I got my GC last year auguest but her gc/485 status is stil pending. Is it even possible based on her case was dependent on me? What can I do abt it. Thanks.
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sam2006
10-01 08:10 PM
Folks
this is a Q for my Friend
He was working at Lehman before the company filed for chapter 11
... He has been told that salary will be paid for 3 months
Right now he is at home and looking for other offers and no H1b transfer has been started
Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP
thanks
this is a Q for my Friend
He was working at Lehman before the company filed for chapter 11
... He has been told that salary will be paid for 3 months
Right now he is at home and looking for other offers and no H1b transfer has been started
Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP
thanks
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roseball
02-15 10:51 AM
Recently, my friend was in a very similar situation. His 6th year was expiring Feb 22nd, 2007 and he had a I-797 approval based on an approved I-140 starting Feb 23rd, 2007 to Feb 22, 2010.
He went to India in December' 06 and came back to US sometime in Jan, 07. He got his visa stamped till 2010 at the Delhi embassy.
At the Chicago port of entry, he just showed the officer the new I-797 so he can get an I-94 valid till 2010. Firstly, the officer denied him entry to US since his I-797 didnt start till Feb 23rd, 2007. Then my friend explained him and showed him his old I-797 which was valid till Feb 22nd, 2007. Then the officer cooled off and said he can only allow him until Feb 22nd as he cannot give him an I-94 based on a future dated I-797 approval. My friend tried to explain him and seems like he didnt even listen. But the officer told him that he can extend his I-94 by some procedure by contacting the local/regional USCIS office or by re-entering the country immediately after the current I-94 expiration. He is now planning to re-enter the country again to get a new I-94 valid till 2010.
So, if I were you, if possible, I would only go to Canada after the latest I-797 approval start date so the whole thing is straight forward to get a new I-94 until the latest I-797 approval date. What I am trying to say is that your visa stamping wont be a problem, the issue could be to get a new I-94...Hope this makes sense..
He went to India in December' 06 and came back to US sometime in Jan, 07. He got his visa stamped till 2010 at the Delhi embassy.
At the Chicago port of entry, he just showed the officer the new I-797 so he can get an I-94 valid till 2010. Firstly, the officer denied him entry to US since his I-797 didnt start till Feb 23rd, 2007. Then my friend explained him and showed him his old I-797 which was valid till Feb 22nd, 2007. Then the officer cooled off and said he can only allow him until Feb 22nd as he cannot give him an I-94 based on a future dated I-797 approval. My friend tried to explain him and seems like he didnt even listen. But the officer told him that he can extend his I-94 by some procedure by contacting the local/regional USCIS office or by re-entering the country immediately after the current I-94 expiration. He is now planning to re-enter the country again to get a new I-94 valid till 2010.
So, if I were you, if possible, I would only go to Canada after the latest I-797 approval start date so the whole thing is straight forward to get a new I-94 until the latest I-797 approval date. What I am trying to say is that your visa stamping wont be a problem, the issue could be to get a new I-94...Hope this makes sense..
viper673
11-14 02:16 PM
Hello guys,
I e-filed my EAD renewal in July 3rd, did my FP in August 1 and I still don't have my card.
I opened a Service Request last week since it's been way beyond the "regulatory" 90 days and I got a letter yesterday basically saying that "even though my case is serious, I didn't provide them with an extreme reason to expedite the issuing of the card". Then on a separate line they have: "pending security clearance".
What in the world is an "extreme" reason to get my EAD renewed?? And why is it pending a security clearance if It's already been more than 120 days and it's a "renewal" -not a new card!!
My original EAD expired in 8/10 (I never used it) and my H1B will expire in 1/21/2009.
Anyone got the same thing? What can I do here?
I e-filed my EAD renewal in July 3rd, did my FP in August 1 and I still don't have my card.
I opened a Service Request last week since it's been way beyond the "regulatory" 90 days and I got a letter yesterday basically saying that "even though my case is serious, I didn't provide them with an extreme reason to expedite the issuing of the card". Then on a separate line they have: "pending security clearance".
What in the world is an "extreme" reason to get my EAD renewed?? And why is it pending a security clearance if It's already been more than 120 days and it's a "renewal" -not a new card!!
My original EAD expired in 8/10 (I never used it) and my H1B will expire in 1/21/2009.
Anyone got the same thing? What can I do here?
trueguy
08-11 11:23 AM
We don't have a poll for 2004 dates, true guy has dates before Jan 2004 and you have it starting from Jan 2005
ok guys, I will start a new poll starting from 2000 till 2010. Plz give me few minutes
ok guys, I will start a new poll starting from 2000 till 2010. Plz give me few minutes