manderson
11-05 02:25 PM
i know. but psychologically it's soo hard. and counting towards the 180 days makes it even harder
What if USCIS had not screwed up by using all "C"s in July bulletin? You would not have even filed AOS !! Think positively. And don't show even a sign that you are waiting for 180 days; just count them inside. Until then your sponsor can pull the plug anytime by revolking your I-140, and if that happens, you are back to square one.
What if USCIS had not screwed up by using all "C"s in July bulletin? You would not have even filed AOS !! Think positively. And don't show even a sign that you are waiting for 180 days; just count them inside. Until then your sponsor can pull the plug anytime by revolking your I-140, and if that happens, you are back to square one.
chandrajp
06-19 01:14 PM
I dont know exactly what is the issue here, but I have filed for EAD extentions 3 times in last three years and it was a very straight forward and easy process. We filed the extentions about 2 months before the expiration and got EADs and APs done in about a month.
The USCIS website says one need to file 6 months in advance for EAD. It may come out to be true now based on the flood of applications received after July 1st this year. I filed for EAD extentions 3 times in last three years and last 2 times I got in less than a month, this year it took close to 3 months. So always apply 6 months in advance as advised in website
The USCIS website says one need to file 6 months in advance for EAD. It may come out to be true now based on the flood of applications received after July 1st this year. I filed for EAD extentions 3 times in last three years and last 2 times I got in less than a month, this year it took close to 3 months. So always apply 6 months in advance as advised in website
ampudhukode
03-24 07:01 PM
gcwait,
This was his first job after graduation and has remained there since, so there is only one co to show experience from.
I guess I will ask him to get something addressed for some other purpose like Tom suggested.
ampudhukode
Your friend needs to carry all the original degree certificates, original job offer letter from the US company, his resume, H1-B approval, original past experience certificates as mentioned in the resume.
The Embassy official will look at the H1-B approval, original degree certificates, glance thru passport, check the offer letter, check the H1-B approval and may opt to check the experience certificates.
This was his first job after graduation and has remained there since, so there is only one co to show experience from.
I guess I will ask him to get something addressed for some other purpose like Tom suggested.
ampudhukode
Your friend needs to carry all the original degree certificates, original job offer letter from the US company, his resume, H1-B approval, original past experience certificates as mentioned in the resume.
The Embassy official will look at the H1-B approval, original degree certificates, glance thru passport, check the offer letter, check the H1-B approval and may opt to check the experience certificates.
ksvreg
09-25 02:20 PM
I am in the same situation as yours, (Actually my H1-B got denied)but i haven't filed for H1-B, i have inquired about it. You can file for H-1B and you are not subjected to quota . Only thing is your time towards on EAD will be counted against your H1-B. say out of 6 years of total H1-B, if you have 3 years of it and 1 year on EAD, when you apply for H1-B, you'll get the remaining 2 years. Your attorney will be able to help you out on this..Please keep us posted about the outcome and good luck..
In my case, H1B already expired. I have used it for 7 years. Now I am on EAD after 7 years of H1B.
In my case, H1B already expired. I have used it for 7 years. Now I am on EAD after 7 years of H1B.
more...
LOL123
07-30 01:29 PM
Please advise..............
a_yaja
07-17 10:31 AM
To the best of my knowledge you can not file for AOS while you are on TN . To process your green card you have to switch to your H1B from TN and start your green card as any other national i.e file for your Labor certification, I-140 and then i-485 .This process is same like any other national. All the best.
You can file for AOS from any status. The only problem will be that you cannot renew your non-immigrant visa unless it is a dual intent visa like H1B, L or O.
Since you are a Canadian citizen, I am assuming that you don't actually have to get a H1 visa stamped on your passport (I may be wrong - check with your attorney). When you enter the US, you should be able to show all your documents for H1B approval (LCA application, approved petition, etc - I don't remember the entire list) and get an I-94 with H1B status and expiry date.
As far as AOS petition is concerned, I think it is considered adandoned unless you are on a valid H1 or L status. Since you are on TN status and you will be leaving the country on TN status, your application might be considered adandoned. You will have to talk to an attorney and find out if you can travel out of the country.
You can file for AOS from any status. The only problem will be that you cannot renew your non-immigrant visa unless it is a dual intent visa like H1B, L or O.
Since you are a Canadian citizen, I am assuming that you don't actually have to get a H1 visa stamped on your passport (I may be wrong - check with your attorney). When you enter the US, you should be able to show all your documents for H1B approval (LCA application, approved petition, etc - I don't remember the entire list) and get an I-94 with H1B status and expiry date.
As far as AOS petition is concerned, I think it is considered adandoned unless you are on a valid H1 or L status. Since you are on TN status and you will be leaving the country on TN status, your application might be considered adandoned. You will have to talk to an attorney and find out if you can travel out of the country.
more...
sundarpn
07-01 09:59 PM
Is lobbying for relaxing AC-21 portability rules with regard to "similar" job profile in the agenda of IV?
Assuming we get out EAD's and the wait for the final card is very long, flexibility on the AC 21 will be the next big thing.
Assuming we get out EAD's and the wait for the final card is very long, flexibility on the AC 21 will be the next big thing.
jungalee43
08-26 02:36 PM
My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
more...
ameerka_dream
05-06 03:52 PM
Guys,
I need your suggestion. My birth was not registered within one year of my date of birth but it was registered recently and I got my Birth certificate with me. I'm just preparing documents for filing for 485 in near future. Some body has just mentioned to me that USCIS would send an RFE if I submit that Birth Certificate with 485 filing. Could anybody have an idea about documents that I would need to get and to submit with my birth certificate as per my per later registered birth certificate ?
I would appreciate if anybody can point me with links if somebody already gone through this.
Thanks.
I need your suggestion. My birth was not registered within one year of my date of birth but it was registered recently and I got my Birth certificate with me. I'm just preparing documents for filing for 485 in near future. Some body has just mentioned to me that USCIS would send an RFE if I submit that Birth Certificate with 485 filing. Could anybody have an idea about documents that I would need to get and to submit with my birth certificate as per my per later registered birth certificate ?
I would appreciate if anybody can point me with links if somebody already gone through this.
Thanks.
moonrah
06-01 08:45 AM
Be adviced, even though they are ready to file your GC in EB2, they frequently lay off people in which case they might not be able to file your GC on the commited day. Big companies go by book. Generally when company lays off, it can not file new labor within 180 days of the effectice lay off. Of course it depends on what kind of people they are laying off and if the title matches your position and what not. But this happened to me. I work for another big company (not oracle) and mine was delayed six months due to this reason. I do not want to scare you but just want to educate you. Think about all these scenarios before making any decision. Good Luck.
more...
rongha_2000
04-22 02:24 PM
And whats your point?
This is ONLY EB2- India Priority dates from prior visa bulletins. Just FYI - no guesses no assumptions.
Jan-05 C
Feb-05 C
Mar-05 C
Apr-05 1-Apr-02
May-05 C
Jun-05 C
Jul-05 C
Aug-05 C
Sep-05 C
Oct-05 1-Nov-99
Nov-05 1-Nov-99
Dec-05 1-Jul-00
Jan-06 1-Jan-01
Feb-06 1-Aug-01
Mar-06 1-Jan-02
Apr-06 1-Jul-02
May-06 1-Jan-03
Jun-06 1-Jan-03
Jul-06 1-Jan-03
Aug-06 U
Sep-06 U
Oct-06 15-Jun-02
Nov-06 1-Jan-03
Dec-06 8-Jan-03
Jan-07 8-Jan-03
Feb-07 8-Jan-03
Mar-07 8-Jan-03
Apr-07 8-Jan-03
May-07 8-Jan-03
Jun-07 1-Apr-04
Jul-07 C
Aug-07 U
Sep-07 1-Apr-04
Oct-07 1-Apr-04
Nov-07 1-Apr-04
Dec-07 1-Jan-02
Jan-08 1-Jan-00
Feb-08 U
Mar-08 U
Apr-08 1-Dec-03
This is ONLY EB2- India Priority dates from prior visa bulletins. Just FYI - no guesses no assumptions.
Jan-05 C
Feb-05 C
Mar-05 C
Apr-05 1-Apr-02
May-05 C
Jun-05 C
Jul-05 C
Aug-05 C
Sep-05 C
Oct-05 1-Nov-99
Nov-05 1-Nov-99
Dec-05 1-Jul-00
Jan-06 1-Jan-01
Feb-06 1-Aug-01
Mar-06 1-Jan-02
Apr-06 1-Jul-02
May-06 1-Jan-03
Jun-06 1-Jan-03
Jul-06 1-Jan-03
Aug-06 U
Sep-06 U
Oct-06 15-Jun-02
Nov-06 1-Jan-03
Dec-06 8-Jan-03
Jan-07 8-Jan-03
Feb-07 8-Jan-03
Mar-07 8-Jan-03
Apr-07 8-Jan-03
May-07 8-Jan-03
Jun-07 1-Apr-04
Jul-07 C
Aug-07 U
Sep-07 1-Apr-04
Oct-07 1-Apr-04
Nov-07 1-Apr-04
Dec-07 1-Jan-02
Jan-08 1-Jan-00
Feb-08 U
Mar-08 U
Apr-08 1-Dec-03
billu
05-10 12:29 PM
I see your way of viewing this; but I have to disagree with you on this.
We have to do something for ourselves and for the future high skilled immigrants; it is now or never.
It is not just about the "proposal"; everyone here knows that it is just a proposal and it has long ways to go. However, if we do not work on our agenda now, chances of getting any of our provisions in any future immigration bill are slim.
Do you have any other proposal as to "what should we do"; besides "not doing anyting"? If you do, we are more than happy to hear your opinion.
I am sorry to say and do not mean to offend you, but if you think outside the "box" of the proposal; this is the right environment to promote our agenda and bring the awareness of high-skilled immigrantion issues.
No way did i mean that not doing anything is good. all i tried to point out that a lot of people are arguing and debating about the proposals as IF they were actual laws !!let us try to find out ways in which we can have a direct or indirect impact on the bill. if you think that by debating and discussing about the proposals here in the forums will do that, then go on.
We have to do something for ourselves and for the future high skilled immigrants; it is now or never.
It is not just about the "proposal"; everyone here knows that it is just a proposal and it has long ways to go. However, if we do not work on our agenda now, chances of getting any of our provisions in any future immigration bill are slim.
Do you have any other proposal as to "what should we do"; besides "not doing anyting"? If you do, we are more than happy to hear your opinion.
I am sorry to say and do not mean to offend you, but if you think outside the "box" of the proposal; this is the right environment to promote our agenda and bring the awareness of high-skilled immigrantion issues.
No way did i mean that not doing anything is good. all i tried to point out that a lot of people are arguing and debating about the proposals as IF they were actual laws !!let us try to find out ways in which we can have a direct or indirect impact on the bill. if you think that by debating and discussing about the proposals here in the forums will do that, then go on.
more...
GC08
06-19 07:28 PM
Sorry if this is too basic. But can anyone tell me if passport photos taken from Kinko's will work for filing 485, AP, EAD, etc.?
Someone told me that USCIS does not accept digital photos or the digital photos have to meet certain quality requirement (something like that). I went to Kinko's near by and found out their pictures were digital too. So wondering if anyone had any problems with that (like USCIS rejection of the photos).
Thanks in advance!
Someone told me that USCIS does not accept digital photos or the digital photos have to meet certain quality requirement (something like that). I went to Kinko's near by and found out their pictures were digital too. So wondering if anyone had any problems with that (like USCIS rejection of the photos).
Thanks in advance!
augustus
05-05 10:52 AM
Don't worry about this. My husband too got a similar RFE with regards to employment verification. Your wage being higher should not pose any problems to you. I believe this kind of RFE is more rampant now considering the economy and the recession we are in.
Gurus / Attorney,
Please suggest..
I got RFE for my employment verification and bona fide marital status..I have following questions..
I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.
I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.
I would highly appreciate your any advice in this regard.
Thanks,
EB2 - India / PD 04/06, I485 receipt date 09/07
Gurus / Attorney,
Please suggest..
I got RFE for my employment verification and bona fide marital status..I have following questions..
I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.
I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.
I would highly appreciate your any advice in this regard.
Thanks,
EB2 - India / PD 04/06, I485 receipt date 09/07
more...
snowshoe
08-13 11:08 AM
I think you misunderstood a point made there. Though it is possible to extend renew H1 for employer if EAD was used some time, but that is like recapturing that status and means fulfilling the terms of H1, by giving up on part time job.
You cannot be on H1 and use EAD for second job at the same time.
This is also what I have understood on doing some research; there also was a similar thread here "H1 Status After Using EAD" where people seem to say the same.
That is, once you start using EAD you loose your H1 status. If you want to get back on H1 (before the decision on 485) then your company has to extend your H1 in which case you will have to give up your part time job.
Things get bad if your 485 is denied while you are on EAD then your company may be able to extend your H1, but you will have to go out of country and return once the H1 extension is approved.
You cannot be on H1 and use EAD for second job at the same time.
This is also what I have understood on doing some research; there also was a similar thread here "H1 Status After Using EAD" where people seem to say the same.
That is, once you start using EAD you loose your H1 status. If you want to get back on H1 (before the decision on 485) then your company has to extend your H1 in which case you will have to give up your part time job.
Things get bad if your 485 is denied while you are on EAD then your company may be able to extend your H1, but you will have to go out of country and return once the H1 extension is approved.
TomPlate
07-11 01:59 PM
sundevil you pig
glus you moose idiot.
get lost man you guys.
they should send you back to India with the red ration card.
glus you moose idiot.
get lost man you guys.
they should send you back to India with the red ration card.
more...
upuaut
09-15 07:34 PM
Ha!! great to see it worked for you right off the bat. I'll have to check out that feature once I get MX.
It is, by far the biggest pain in the butt effect I've seen done which contains absolutely no action script.
It is, by far the biggest pain in the butt effect I've seen done which contains absolutely no action script.
Aah_GC
07-11 02:18 PM
I was going through some comments by some folks in this forum (http://www.nyjournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350) - and one of them says - how come these guys were silent when they were pressing for Illegal Immigration reforms? What the heck? You live in this country on a budget with your employer and they expect you to solve the problems of this country.
Jakub (glus),
Good job on getting our message across. Good picture too! Finally we are seeing some faces behind the screen names.
http://www.nyjournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350
Jakub (glus),
Good job on getting our message across. Good picture too! Finally we are seeing some faces behind the screen names.
http://www.nyjournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350
saketkapur
08-18 06:22 PM
please pardon my ignorance but I was under the assumption that labor subsitution policy was discontinued by the USCIS on july 16 2007...........
please correct me if I am wrong or not reading the particulars of this case correctly.......
please correct me if I am wrong or not reading the particulars of this case correctly.......
shruthi07
01-01 10:05 PM
You can apply for a new passport after 30 mar 2007.
Expiry Date will be 10 years from the date of issue.
You will get your old passport along with the new one.
Expiry Date will be 10 years from the date of issue.
You will get your old passport along with the new one.
rolrblade
02-21 09:04 AM
Here is the problem with your case, in my view.
You can use AC21 after 180 days provided that (1) The underlying I-140 has been approved or (2) The underlying I-140 is otherwise APPROVABLE at the time of adjudication.
In your case when you filed for a new I-140 from Company B, it is still pending. Your argument of using I-140 from Company A, COULD make the underlying I-140 from Company B unapprovable, which will also be the case incase Company B withdraws the I-140 petition, prior to adjudication.
If this happens then the I-485 petition will be invalid because the underlying I-140 (from Company B) is not approvable. It will be a long time before you really know this, depending on when they adjudicate your I-485.
Then the only recourse left for you would be to file a NEW I-485 using the I-140 from Company A. Looking at the current PD trend, this could be years before you are even able to file.
As for what ItIsNOTFunny says, about I-485 being your personal application, and not company's, this is true but always remember that I-485 is very closely tied to the I-140 supporting documentation (Bfeore 180 days and especially if it not yet approved)
If I was you, I agree with other people are suggesting, if you want to keep your 485 application in process, you should try to wait it out till the I-140 from Company B gets approved. But again, everyone's personal situtation is different, so this is just a suggestion.
PM me if you need more help.
You can use AC21 after 180 days provided that (1) The underlying I-140 has been approved or (2) The underlying I-140 is otherwise APPROVABLE at the time of adjudication.
In your case when you filed for a new I-140 from Company B, it is still pending. Your argument of using I-140 from Company A, COULD make the underlying I-140 from Company B unapprovable, which will also be the case incase Company B withdraws the I-140 petition, prior to adjudication.
If this happens then the I-485 petition will be invalid because the underlying I-140 (from Company B) is not approvable. It will be a long time before you really know this, depending on when they adjudicate your I-485.
Then the only recourse left for you would be to file a NEW I-485 using the I-140 from Company A. Looking at the current PD trend, this could be years before you are even able to file.
As for what ItIsNOTFunny says, about I-485 being your personal application, and not company's, this is true but always remember that I-485 is very closely tied to the I-140 supporting documentation (Bfeore 180 days and especially if it not yet approved)
If I was you, I agree with other people are suggesting, if you want to keep your 485 application in process, you should try to wait it out till the I-140 from Company B gets approved. But again, everyone's personal situtation is different, so this is just a suggestion.
PM me if you need more help.
No comments:
Post a Comment