lotus26
09-01 02:28 PM
I received email from USCIS this morning for my wife I-485 i.e Card Ordered for Production. I am the Primary applicant, but i am still waiting for my turn. My PD is Sep 2004 & EB2.
We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.
I really for your help in Advance.
Thanks,
Lotus
We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.
I really for your help in Advance.
Thanks,
Lotus
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handsome_man20740
04-22 02:25 AM
Folks,
go to the AILA site. and make this query as shown below. They have also started something similar and the idea as i expressed in my previous post is to contact congress about this problem. They also have a sample letter on this search.
http://www.aila.org/search/default.a...erm=green+card
Murthy.com is also doing something similar but folks we need a lof of people to come forward and kinda pester these senators and law makers, trying to impress the idea of contribution of foreigners.
http://www.murthy.com/news/n_morh1b.html
At least everyone can send an email to the senators.
Thanks
-H
go to the AILA site. and make this query as shown below. They have also started something similar and the idea as i expressed in my previous post is to contact congress about this problem. They also have a sample letter on this search.
http://www.aila.org/search/default.a...erm=green+card
Murthy.com is also doing something similar but folks we need a lof of people to come forward and kinda pester these senators and law makers, trying to impress the idea of contribution of foreigners.
http://www.murthy.com/news/n_morh1b.html
At least everyone can send an email to the senators.
Thanks
-H
coopheal
03-13 04:37 AM
Hello,
For case where GC and H1b sponsoring employer is same, please tell (as per USCIS rules/guidelines):
1. When switching from H1b to EAD (while working for GC sponsoring employer) does GC/H1b sponsoring employer have to cancel H1b ?
2. If on AP/EAD WITHOUT work, is there any liability to GC/H1b sponsoring employer ? Does he have to cancel H1b ?
Than You.
I am not sure why you are switching from valid H1B to EAD and while still working for the GC sponsoring employer.
However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.
Again not sure why you are moving from H1B to EAD when H1B is still valid?
For case where GC and H1b sponsoring employer is same, please tell (as per USCIS rules/guidelines):
1. When switching from H1b to EAD (while working for GC sponsoring employer) does GC/H1b sponsoring employer have to cancel H1b ?
2. If on AP/EAD WITHOUT work, is there any liability to GC/H1b sponsoring employer ? Does he have to cancel H1b ?
Than You.
I am not sure why you are switching from valid H1B to EAD and while still working for the GC sponsoring employer.
However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.
Again not sure why you are moving from H1B to EAD when H1B is still valid?
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samcam
05-19 11:41 AM
Welcome to our newest member matex... 3874 and counting...
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njdude26
04-08 05:08 PM
Then what do you do if you dont have a candian permit ??
Valid I 94 is good enough at port of entry (even if your visa in your pp is expired)... as long as
1. your stay in canada is not more than 30 days
2. you did not appear for the visa interview (@US consulate) in canada.
3. You are not from a terrorist sponsored contries such as Iran, N. Korea etc.
This is called as "Automatica visa Revalidation" rule.
In other words if your visa is rejected @ the consulate and if your visa in passport is expired, you CANNOT come back to USA (using 30 day "automatica visa revalidation" rule).
--HumHongeKamiyab
Valid I 94 is good enough at port of entry (even if your visa in your pp is expired)... as long as
1. your stay in canada is not more than 30 days
2. you did not appear for the visa interview (@US consulate) in canada.
3. You are not from a terrorist sponsored contries such as Iran, N. Korea etc.
This is called as "Automatica visa Revalidation" rule.
In other words if your visa is rejected @ the consulate and if your visa in passport is expired, you CANNOT come back to USA (using 30 day "automatica visa revalidation" rule).
--HumHongeKamiyab
jlt007us
10-06 06:09 PM
Don't worry. You will mostly get RFE but not a rejection.
My original 140 got denied as per USCIS web site but lawyer didn't get the denial notice even after 60 days. Lawyer followed it up but no response from the USCIS.
I filed 485/AP/EAD and got approvals for EAD. Lawyer refiled 140 without original labor and is almost certain that they will raise an RFE but not denial.
My original 140 got denied as per USCIS web site but lawyer didn't get the denial notice even after 60 days. Lawyer followed it up but no response from the USCIS.
I filed 485/AP/EAD and got approvals for EAD. Lawyer refiled 140 without original labor and is almost certain that they will raise an RFE but not denial.
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orion
11-07 05:01 PM
Yes i had also applied OCI for my child about 6 months back and was denied since we parents hold indian citizenship. Does anybody know that registering every 6 months is a must ? Some of my friends have permanentely gone back to India i am not sure what they are doing though since there kids hold US Citizenship. Any infomation on this will be helpful.
- A child under age 16 (with any visa, including PIO) don't need to register with FRRO. But many Indian immigration officials conveniently forget this and harass you. So you better take a print out from official Indian Government website.
- PIO card holder needs to register with FRRO when the stay exceeds 6 months for the first time and that registration is valid until PIO expires. PIO is valid for 15 years, so you will register once in 15 years at the most.
Google for references. If you don't find it, I will look up and post it.
- A child under age 16 (with any visa, including PIO) don't need to register with FRRO. But many Indian immigration officials conveniently forget this and harass you. So you better take a print out from official Indian Government website.
- PIO card holder needs to register with FRRO when the stay exceeds 6 months for the first time and that registration is valid until PIO expires. PIO is valid for 15 years, so you will register once in 15 years at the most.
Google for references. If you don't find it, I will look up and post it.
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das0
06-22 09:30 AM
[QUOTE=desi3933]1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st
Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.
SO the question is:
As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?
Please advise.
Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.
SO the question is:
As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?
Please advise.
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dessoya
10-07 07:39 AM
i voted for coppertop ;)
props to all :love:
~:azn:
props to all :love:
~:azn:
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Legal
07-19 10:19 AM
Can you start residency on EAD if you are the primary for 485? Meaning, can you use AC21 and change jobs from research to residency after 180 days from filing? Please help, really confused.
you won't be in the "similar" occupation...don't know if you can get away with it.
you won't be in the "similar" occupation...don't know if you can get away with it.
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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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jnraajan
08-18 11:15 PM
We all appreciate your frustrations. But by posting information like these in a highly popular site like IV, you are only bringing unwanted attention to news like these. Hope you understand.
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ItIsNotFunny
09-22 05:06 PM
Spoke to Aide of John Conyers (D-Mich.), Chairman
He is in Favor of the bill so do not call him
And yes I gave Green all those who got Red dots for motivating people :)
I believe people not in favor should be called first but also call people in favor. Sometime few calls from antis can force them changing their view.
He is in Favor of the bill so do not call him
And yes I gave Green all those who got Red dots for motivating people :)
I believe people not in favor should be called first but also call people in favor. Sometime few calls from antis can force them changing their view.
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sandyn16
11-01 12:30 AM
I faced the same situation last year when my I94 expired because my passport expired in April 2007. I got my passport renewed but missed the I94 expiry date.
I consulted my attorney and he advised leaving the country asap and coming back. I went to Canada (since I had a Canadian visitor visa) via Buffalo and came back, but the immigration officer told me am fine as long as my I797 is valid.
I heeded my lawyers advise finally and visited India for a few weeks and came back and got new I94.
Based on the information I gathered at that time, there is some time period , I think 40 days after the I94 expiry date by which you can file for new I94 within this country else you have to go out of the country and come back.
I consulted my attorney and he advised leaving the country asap and coming back. I went to Canada (since I had a Canadian visitor visa) via Buffalo and came back, but the immigration officer told me am fine as long as my I797 is valid.
I heeded my lawyers advise finally and visited India for a few weeks and came back and got new I94.
Based on the information I gathered at that time, there is some time period , I think 40 days after the I94 expiry date by which you can file for new I94 within this country else you have to go out of the country and come back.
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nvmurali
06-02 04:20 PM
You will have to restart your GC process, but once you have the new PERM and I-140 approved, you can recapture your old PD (which is Feb '08), but you can't use provisions from the AC21 unless your AOS was pending for at least 180 days when you make the change.
This is not legal advise - a lawyer consultation is highly recommended.
I'm sorry -- I didn't follow. Can I use the H1-B which has been extended for 3 yrs since my 140 was approved already for a yr and the visa numbers weren't current? (I've already used up by 6 yrs)
Thanks,
Murali
This is not legal advise - a lawyer consultation is highly recommended.
I'm sorry -- I didn't follow. Can I use the H1-B which has been extended for 3 yrs since my 140 was approved already for a yr and the visa numbers weren't current? (I've already used up by 6 yrs)
Thanks,
Murali
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diptam
06-24 05:08 PM
I'm sorry i didn't understand you - If i apply EAD/AP in AUG/SEP why it wont be FREE ?
I'll file 485 july 1st but i'm not in a hurry for EAD or AP because my extended
H1B is still Jan 08 and i'm not travelling before Xmas 07 time ....
Thanks in advance !
the free ead/ap is based on the $1010 fee for 485..so if u file ur 485 now.. u r pretty much in the non free group
I'll file 485 july 1st but i'm not in a hurry for EAD or AP because my extended
H1B is still Jan 08 and i'm not travelling before Xmas 07 time ....
Thanks in advance !
the free ead/ap is based on the $1010 fee for 485..so if u file ur 485 now.. u r pretty much in the non free group
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jnraajan
03-14 02:04 PM
Yes. You are in status. Filing for I-485 provides you legal status. If you are without project for too long, transferring H1b might not be an option. But you can work on EAD. You will not be out of status.
Good luck with your job hunt.
Good luck with your job hunt.
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WithoutGCAmigo
05-18 11:17 AM
Start with contacting another attorney. Let another attorney review your case and give his/her opinion.
Just don't rely on one attorney.
Just don't rely on one attorney.
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desi485
11-02 03:45 PM
You are very welcome...
Consular processing is way faster is what I was told.
I heard one case in my company (person worked for my employer prior to I joined) who successfully did consular processing. He got his GC almost 2 to 3 years ahead of his co-worker who both filed labor at the same time. The only difference is: one person chose to do consular processing and other one (who was delayed by 2 - 3 years) opted for adjustment of status.
I was told this by my other co-workers after I joined this company however I too never thought of consular processing as it is something not familer to me. I do not know much details how this whole process works. If anyone knows, please share with rest of us.:confused:
Consular processing is way faster is what I was told.
I heard one case in my company (person worked for my employer prior to I joined) who successfully did consular processing. He got his GC almost 2 to 3 years ahead of his co-worker who both filed labor at the same time. The only difference is: one person chose to do consular processing and other one (who was delayed by 2 - 3 years) opted for adjustment of status.
I was told this by my other co-workers after I joined this company however I too never thought of consular processing as it is something not familer to me. I do not know much details how this whole process works. If anyone knows, please share with rest of us.:confused:
Since1997
08-13 11:24 AM
Couple of Jul 2nd filers got receipts - as per murthy forum members.....
surabhi
08-17 04:02 PM
I think this might be the case where "Waiver of Signature" was not opted in case of express mail.
In that case, USPS has to deliver only if a signatory is available. This is obscure option on the Express Mail address sheet. For PO Box addresses like in this case, it is advisable to opt for waiver for obvious reasons.
In this situation, I guess nothing much to do except wait I guess.
In that case, USPS has to deliver only if a signatory is available. This is obscure option on the Express Mail address sheet. For PO Box addresses like in this case, it is advisable to opt for waiver for obvious reasons.
In this situation, I guess nothing much to do except wait I guess.
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