dealsnet
08-05 11:17 AM
I did spend EAD renewal for me and wife. Within 1 week our GC is approved. I think because of this application, they took my file out and approved. So I didn't regret the amount spend for this. I have received EAD denial letter after 3 weeks. So this is our last amount for USCIS. Many people with older priority date still in their shelf. Think about it and be happy.
I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
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MLS
07-12 01:56 PM
On the second thought --- Do you think PR or Citizen Desi's are for us? Any thoughts?
Yes they are. I recently got GC and I am with you. I know many freinds who got GCs long time back but they didnt know whats going on currently. Once I tell them they do support us. So making them aware is the key.
Yes they are. I recently got GC and I am with you. I know many freinds who got GCs long time back but they didnt know whats going on currently. Once I tell them they do support us. So making them aware is the key.
belmontboy
05-22 07:05 PM
As mentioned by my HR attorney applied my labour application electronically on march 17th and forwarded me a case number starting with c , so i am assuming it was appl;ied at chicago center.
Its more then two months now i did not have any update from my HR inturn from attorney.
At the time of aplying attorney did not took any signature either from me or my HR , she said we have to sign at the later stages.
My fear is I might get a query or it may go into incomplete staus as it was not filled properly.
I am not sure if it should be filed in that way ....
Let me know if i am heading in right direction ...
Signature is not required for filing. u need to sign form 9089 if there is an audit or approval.
Recent trends for PERM processing are around 60-90 days.
Its more then two months now i did not have any update from my HR inturn from attorney.
At the time of aplying attorney did not took any signature either from me or my HR , she said we have to sign at the later stages.
My fear is I might get a query or it may go into incomplete staus as it was not filled properly.
I am not sure if it should be filed in that way ....
Let me know if i am heading in right direction ...
Signature is not required for filing. u need to sign form 9089 if there is an audit or approval.
Recent trends for PERM processing are around 60-90 days.
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smuggymba
10-18 03:13 PM
My wife's on EAP (OPT), which is valid till next year and will be going to texas DMV tomorrow.
any exp with texas DMV about giving DL to EAD OPT holders?
any exp with texas DMV about giving DL to EAD OPT holders?
more...
JP McMahon
November 10th, 2004, 08:19 AM
Have you tried inserting a different Compactflash card?
bluekayal
10-17 08:15 AM
thanks for clarifying.
more...
vin13
12-02 01:21 PM
We had a emergency situation last year. We had already filed our AP documents a couple of months ago but had not been approved. We went to USCIS office and showed hospital letter as a proof for emergency. They made us fill a new application and AP was approved in 1 day.
If you do not get help in one of the offices, try your luck at another USCIS office.
If you do not get help in one of the offices, try your luck at another USCIS office.
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shanti
02-24 10:49 PM
Thank you all for your answers, and we could agree that there is not a clear straightforward guideline regarding the AC21. So I have the following doubts:
1- I really am not worried about the salary part, since the OCC code that the USCIS allocated for my labor certification pays in the area that I intend to work the same salary that their statistics show so that is fine. About the salary issue I talked with a couple of lawyer already,.
2- This is what I am concerned and is about the experience part. I read online that for porting a labor (or some situation of the kind before filing I-485) that you cannot use the experience gained on the labor sponsoring company but you could use anything before that employer.
Here is the question I have regarding that frozen experience clock:
a- Before coming to US I had 5 ys expeirence
b- WIth first H-1B sponsor company I worked 3 ys in U.S. until end of 2003
c- I joined my current employer B on H-1B and worked there all 2004 and they filed for labor in Feb 2005. So my question is.. as previous experience
I know I can count the three years with employer A since no labor there, but with employer B can I count that year before they filed for labor that I was under H-1b or I cannot count any experience gain before the labor was filed with employer B at all? I think that is the key question here.
1- I really am not worried about the salary part, since the OCC code that the USCIS allocated for my labor certification pays in the area that I intend to work the same salary that their statistics show so that is fine. About the salary issue I talked with a couple of lawyer already,.
2- This is what I am concerned and is about the experience part. I read online that for porting a labor (or some situation of the kind before filing I-485) that you cannot use the experience gained on the labor sponsoring company but you could use anything before that employer.
Here is the question I have regarding that frozen experience clock:
a- Before coming to US I had 5 ys expeirence
b- WIth first H-1B sponsor company I worked 3 ys in U.S. until end of 2003
c- I joined my current employer B on H-1B and worked there all 2004 and they filed for labor in Feb 2005. So my question is.. as previous experience
I know I can count the three years with employer A since no labor there, but with employer B can I count that year before they filed for labor that I was under H-1b or I cannot count any experience gain before the labor was filed with employer B at all? I think that is the key question here.
more...
zCool
05-21 03:33 PM
There no hard and fast rule.. so long as you can prove the intent to work permanantly.. some will say 6 months .. some will say 1 yr.
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GCNOMAD
03-07 01:58 PM
Just a quick comment on S4165504 reply based on my experiences that I posted before on the same thread.
The airport immigration counter or the CPB offices can correct only the mistakes from their side, and that too only within 2 or 3 days. But for cases where the I-94 expired, they dont consider it as a mistake on their side and immediately ask you to leave.
In fact, for my case when I called the LA airport immigration counter office, they adviced me that I can only go to the CPB office in downtown for any corrections and cannot come to the airport office.
Regards
The airport immigration counter or the CPB offices can correct only the mistakes from their side, and that too only within 2 or 3 days. But for cases where the I-94 expired, they dont consider it as a mistake on their side and immediately ask you to leave.
In fact, for my case when I called the LA airport immigration counter office, they adviced me that I can only go to the CPB office in downtown for any corrections and cannot come to the airport office.
Regards
more...
stuckinmuck
02-11 12:02 PM
Hi desi9333, let me answer your question in general and note that this is not a speculation on the OP's case. A common reason for L1 denial could be that the USCIS determines that the petitioner isn't really in a 'specialty' occupation. For example, if his job description mentions java programmer, then he is more likely to get denied since we know there is a surplus of java programmers in this country (US citizens, LPRs and our favorite H1Bs). Since I was on an L1 visa, I know the purpose was really 'specialty' occupation which means you need to be an expert on something that's not easily available in the U.S.
To gchodhry, hope you get clarification and solution on your case soon, if you haven't broken any rules. Good luck.
To gchodhry, hope you get clarification and solution on your case soon, if you haven't broken any rules. Good luck.
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jsb
05-18 12:18 AM
Could someone having experience with self EAD renewal, please provide, application form #, documents needed for EAD renewal, and fee. I would like to do it myself.
more...
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aachoo
09-17 01:17 AM
Dude,
I am planning to travel on AP first time. Can you pls reply:-
1. What all documents are required apart from AP to re-enter US?
2. Do you get I-94 if you enter with AP and if yes How long that I-94 is valid for? I am bit confused as my AP is going to expire in Jan 2008, so the USCIS should not give me i-94 till Jan only? If yes, then what after that?
If you can, pls reply..
Thanks
K
Passport and AP is all they asked me for both times I traveled. The first time I had both originals of my AP. However- I also had my 485 receipt, EAD, my H1B extension I-797, employment letter, paystubs- you name it in case. No one asked me a thing- but I was being cautious.
If you use AP- the I-94 expires 1 year from the date you enter. However- this is only the date they put on the I-94. It does not mean you are illegal after that. As long as you are an AOS applicant, your status is valid.
I am sure there is a Murthy article on this.
-a
I am planning to travel on AP first time. Can you pls reply:-
1. What all documents are required apart from AP to re-enter US?
2. Do you get I-94 if you enter with AP and if yes How long that I-94 is valid for? I am bit confused as my AP is going to expire in Jan 2008, so the USCIS should not give me i-94 till Jan only? If yes, then what after that?
If you can, pls reply..
Thanks
K
Passport and AP is all they asked me for both times I traveled. The first time I had both originals of my AP. However- I also had my 485 receipt, EAD, my H1B extension I-797, employment letter, paystubs- you name it in case. No one asked me a thing- but I was being cautious.
If you use AP- the I-94 expires 1 year from the date you enter. However- this is only the date they put on the I-94. It does not mean you are illegal after that. As long as you are an AOS applicant, your status is valid.
I am sure there is a Murthy article on this.
-a
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Green.Tech
06-10 10:32 PM
Keep trying to motivate folks. Not every individual has the same motivation as others and that can be due to numerous reasons but I do request folks to wake up and look at the bigger picture. Make the most of this opportunity. If not instantly, may be in future, you will definitely see the benefits of the calls that you make and the money that you contribute.
So, for all those who care enough and are motivated, please burn those phone lines and contribute financially. Stand up for yourself cuss no one else is going to fight for you!
So, for all those who care enough and are motivated, please burn those phone lines and contribute financially. Stand up for yourself cuss no one else is going to fight for you!
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vbkris77
04-13 09:03 PM
I don't think child's country works.. Most of the guys would have been
out by now including myself.. . But let us know.. I will fly to my lawyers office if it is true ..
out by now including myself.. . But let us know.. I will fly to my lawyers office if it is true ..
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koppula09
01-04 05:43 PM
Thanks a lot for your quick response guys. I decided to wait till INS decision to approve the H1.
If it is +ve there wont be any problem, well & good!
If not immediately go to Canada/India/.. and get stamped with H4 and safely comeback and do try what ever we want.
Otherway is, as the person status is in pending which is not illegal, we can apply H1 with relevant documentation with some other employer, but this need to be done before final result comes out from INS.
I believe these options looks logical. Hope verything goes well!
If it is +ve there wont be any problem, well & good!
If not immediately go to Canada/India/.. and get stamped with H4 and safely comeback and do try what ever we want.
Otherway is, as the person status is in pending which is not illegal, we can apply H1 with relevant documentation with some other employer, but this need to be done before final result comes out from INS.
I believe these options looks logical. Hope verything goes well!
more...
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apt29
10-22 03:31 PM
Mine was applied on July12th. My attorney is pressing for refile. is it a good idea to refile? Or is it better to wait?
Thx
Thx
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Anders �stberg
May 1st, 2005, 01:04 PM
Thanks Nick!
I basically used my bird settings, I think I should probably lower the shutter speed a little, don't know how much though as I don't like blurry shots. I would like to be able to do panning with long shutter times but I'm really bad at it, the few times I've tried everything is blurry.
EDIT: Lens was 300/2.8L IS, my favourite, I went to this practice track mainly to get to use it again as it has been sitting on a shelf for a while, waiting for some summer sports. :)
I basically used my bird settings, I think I should probably lower the shutter speed a little, don't know how much though as I don't like blurry shots. I would like to be able to do panning with long shutter times but I'm really bad at it, the few times I've tried everything is blurry.
EDIT: Lens was 300/2.8L IS, my favourite, I went to this practice track mainly to get to use it again as it has been sitting on a shelf for a while, waiting for some summer sports. :)
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desi3933
02-18 09:56 AM
I agree with snathan.
This is really a grey area., and totally depends on the adjudication officer. All they look for is the intention to work for that employer at the timing of I-140. That is hard to prove if you never worked for them. And thats easier for the officer to prove you never had any intentions of working for that employer. So who has better advantage here? Not the beneficiary for sure...
Incorrect.
As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
______________________
Not a legal advice.
US citizen of Indian origin
This is really a grey area., and totally depends on the adjudication officer. All they look for is the intention to work for that employer at the timing of I-140. That is hard to prove if you never worked for them. And thats easier for the officer to prove you never had any intentions of working for that employer. So who has better advantage here? Not the beneficiary for sure...
Incorrect.
As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
______________________
Not a legal advice.
US citizen of Indian origin
ras
05-24 12:17 PM
EAD to H1 involves a status change that while being perfectly legal was just not envisioned policy wise as being a frequent occurrence.
Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.
The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.
Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..
Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.
Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...
If anyone knows more or can confirm this, that would help...
Thanks!
--Karthik
Do you have a basis that it has to be started from scratch. Why it needs to be started from scratch when there is still time on H1 say about 1.5 years?
I think u need to start afresh a new one only if you are out of country for one year.
Folks, if any one has done this please corraborate
Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.
The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.
Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..
Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.
Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...
If anyone knows more or can confirm this, that would help...
Thanks!
--Karthik
Do you have a basis that it has to be started from scratch. Why it needs to be started from scratch when there is still time on H1 say about 1.5 years?
I think u need to start afresh a new one only if you are out of country for one year.
Folks, if any one has done this please corraborate
bigboy007
11-01 02:15 AM
Ok i think u got me misunderstood : Ok to alleviate : Address A - My current address
Address B -- My friends address.
B is in IL , A is in CT. Now all my credit card statements , USCIS all other except DMV drivers license are in A. Only DL is with B reason i moved recently and not sure how many days this is going to work and since moving car registration etc is expensive thing in CT and there is no certainity on how it works . Now i am changing back my DL and Car registration hence asked this Question , i am well aware of fall backs of USCIS hence changed within 10 days filed AR-11 and all pending petetions and USCIS started corresponding with this new address.
Address B -- My friends address.
B is in IL , A is in CT. Now all my credit card statements , USCIS all other except DMV drivers license are in A. Only DL is with B reason i moved recently and not sure how many days this is going to work and since moving car registration etc is expensive thing in CT and there is no certainity on how it works . Now i am changing back my DL and Car registration hence asked this Question , i am well aware of fall backs of USCIS hence changed within 10 days filed AR-11 and all pending petetions and USCIS started corresponding with this new address.
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