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  • VisaHelp
    07-26 09:21 AM
    Sounds good, but I didn't apply for an extension. Do you think that makes a difference? I applied to TRANSFER my H1 from company A to company B. While waiting for the transfer my H1 expired. First of all, I didn't think I could apply for an extension while waiting for the transfer. But, even more importantly, I was told by my lawyers that I am not eligible for an extension because I applied for a green card through family, not employer.

    I faced a similar situation during my first L1B extension. My L1 extension was filed, but not approved while my L1 visa expired. Per my (then) attorneys advice - it isn't an issue if the application to extend has been applied for. You can be out of status for upto 180 days in such situations. Only issue is if the extension is rejected during this period.

    In the future, the receipt for having filed for extension before Visa expiry and/or Received Date on I-797 Notice of Action (approval) can be used as proof. Of course, travelling out of the country and back on a new visa removes the stigma of having been "out of status"

    RFE is okay, but rejection is NOT! Do answer it (RFE) in time. Rejection can put you in trouble. Also if the period extends beyond 180 days due to RFE you will be in trouble ( I really doubt it happening but you never know)





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  • thakgaya
    03-29 08:30 PM
    I also got the same mail and I sent the letter to my company attorney who responded.
    Please attach both the EB3 and EB2 I-140 approval notices, EVL from current employer which matches or similar to the one specified when you filed your EB2 labor. Also attach the latest paystubs.

    EB3 Priority Date : Oct 2003
    EB2 Priority Date: Mar 2006
    I485 Filed - July 31,2007
    2 EAD's
    3 AP's
    I 485 Approval Notice email - 26 Mar 2010





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  • wonderlust
    09-27 04:37 PM
    There are many tasks ahead! Let's focus our energy on the positive and work on our future goals.

    Those who attended the rally take pride in their efforts, those who did not attend can join force in the future activities!


    Wonderlust





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  • mena
    11-26 11:36 AM
    Hi,

    I received an RFE on my AP and it's says Proof of that I have complied with NSEERS. Now how do I proof this as looks like nobody have got such an RFE.

    Thanks



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  • cchaitu
    07-24 04:27 PM
    Hi,

    If I have a permanent offer after 180 days of Receipt date (I 485)...

    Is this offer should be in the same location (state) where my labor got filed ???

    Please advice...

    Thanks





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  • abisen
    10-20 05:12 PM
    Thanks for posting this. My I-140 was applied in May 2007 and I have not heard anything. USCIS says it has processed until July 24, 2007. What a bunch of lies.

    There must be something wrong here as my I-140 was applied in April, 08 and it got approved. I think mine was to Nebraska Center.



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  • neeidd
    11-09 06:06 PM
    Hi ,

    I am planning to use AP for re-enter to USA. Could someone please let me know the list the documents that I should carry ?

    Thanks





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  • sircaustic
    07-22 09:50 PM
    Responses are welcome...

    Thanks!



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  • ishakapoor
    02-16 01:56 PM
    I don't understand ur reply. I haven't asked question of maintaining legal status. I am maintaining legal status. My question is very simple.
    What documents are required for COS from H1 to H4?
    Where is this question of maintaining legal status coming from?





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  • optimystic
    09-10 08:11 PM
    Thanks for encouraging comments from everyone. I hope some one from core team also takes notice of this and gives it some consideration.

    May be we could tie this campaign as part of gaining support for approval of 5882 (visa recapture)



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  • somegchuh
    08-22 12:41 PM
    I think you are absolutely right. Starting a business without a partnership is nearly impossible because you will be violating the H1 by working for it.

    However, if you go into a partnership, that will be like owning stocks of a company. You don't have to work for it.

    But you raise a good point about tax return scrutiny when you go for stamping. They can ask how you were making business income.

    Has anyone here run a business on H1? What are the tax implications?

    I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.

    I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.

    Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).





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  • breddy2000
    08-19 09:48 PM
    Me too getting worried about my wife's status...

    Good thing is she had this issue when transferring H1 Visa when she was out of status for few months and she had to go to home country for stamping (explaining IO the situation where she was out of status) and came back on status...and she was on status till date.

    One more thing is , the status will be counted from the last date of entry to US . If this is the case, I do not have any problem on my wife's status.

    If your wife has maintained her status since she last visted US, may be going for H1 stamping and coming back to US, this should not matter..and more over she filed 485 as your dependent.

    This is what my understanding is with respect to maintaing status....Let me know if this is not correct



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  • mohican
    02-18 02:58 PM
    take into account that there was holiday season in between





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  • ras
    05-28 01:57 PM
    If the fee is reduced then it will have impact on the number of personnel that USCIS can employ which inturn delays the whole application process. So rather with the fee let the USCIS have enough personnel to dispose of the cases.

    And of course as mentioned above it is good idea that the attorneys take less fee so the burden is less on the applicant. And may be USCIS could simplify and come up with application procedures such that there is not much of an attorney intervention to comply with the law.



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  • sureshvd
    10-15 11:25 AM
    I think you need to show visa proof when you go to most of the DMVs.
    But one of friend renewd his lic(PA DMV) without showing H1 or EAD. He renewed it online.
    When I tried to renew my licence online it prompted me that my citizenship requires me to go to DMV local office personally.





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  • Phat7
    10-08 04:49 AM
    Originally posted by Coppertop
    Thanks! *insert extra large grin here*

    can a mod please edit the poll as asked by Phat7

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  • lskreddy
    11-18 07:20 PM
    Do not mean to hijack the thread but the question hopefully is related.

    When I submitted my 485 application, my wife and I requested just the EADs. We have the receipt notice as well as the EAD in our hands. Our FP is done as well.

    We are now submitting our AP applications. If anyone has submitted late like myself in the recent past, I would appreciate this information.

    1.) Could anyone let me know the appropriate documents for this?
    2.) Also, what are the fees associated with it, especially with all the old vs new stuff?

    Thanks much.





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  • ps57002
    10-17 10:00 PM
    Hi Ps57002 good to see you here.
    I saw you in . I was h12GC in .

    My case also similar:

    PERM Applied - 04/24/2007 - EB3.
    Perm Approved - 08/14/2007.
    I-140 E-filed - 08/16/2007. Got Online Receipt. Sent the required Documents to USCIS after a week.
    I-485/EAD/AP - Posted on 08/16/2007. Included the Online Labor Approval Petition without signatures and Online receipt of I-140.
    Received USCIS on 08/17/2007.
    Waiting for Receipts.
    Don't know whether it will be accepted or will get an RFE.
    Hey keep me posted on your status.
    I can be reached at sudhakar226@yahoo.com or 862-754-8326.
    Good Luck.

    UPDATE:
    My checks cashed today, got receipts from back of checks...have 4 different receipt numbers, used it to check on uscis...

    my concerns..
    case was sent to nebraska though should've been texas as employer is in NY, so thought it would be transfered...it wasn't. it shows at nebraska

    4 different receipt numbers show 1 case for 140, 1 case for AP, and 2 cases for 485???? 2????... NO EAD. (my check for 485/ead were one check though in it's memo part i put 485/ead). what should i do? now my ead will be delayed cause i have no case for that.

    they can't reject a case after cashing checks, right???? i mean they can ask for RFE esp for my missing labor hard copy approval, but not reject. why cash in first place then??? right???

    I hope you hear something soon too...keep me updated.





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  • desi_scorpion
    08-22 10:21 AM
    for h1b status...they only tell the status to the petitioner which is your employer/lawyer .....You are the beneficiary....they will not tell u the status on phone or e-mail...but no harm in trying. . if u have a receipt number then u can check online and setup an automatic notification. Hopefully u will be ok...





    mhtanim
    06-07 09:51 PM
    After sending RFE response, I got 1st LUD on 06/02/2009 with message change.

    Soft LUDs on: 06/03/2009, 06/04/2009, 06/05/2009





    eb3retro
    03-16 02:21 AM
    I just entered US using AP, and i am not working for my GC sponsored employer. POE is SFO, I had no issues. I will update this post with all the details tomorrow (since i am very tired after travelling). But just thought I will post this thread to let know that you may not have any issues if you dont work for the GC sponsored employer and enter using AP.

    Update to my post:

    Yesterday I entered US (POE = SFO) , all 3 in the family using AP. We also have one US citizen child. Used the visitors line. First level officer stamped the US citizen passport and gave it and told all 3 of us to go to the secondary. No other questions was asked.

    Went to a seperate room for secondary. There were around 15 people. We placed our passports in the holder there. 3 officers were there calling each one and asking them some questions. I was very much worried abt the much dreaded question - "are you working for the same company that sponsored ur GC". But to our greatest surprise, the officer checked everything in his computer, took one of the given 3 APs, put a parole stamp until one year from yesterday and gave us back 2 copies each. We were not even called to the counter. The officer did this and bought all the passports back to the seats where we were waiting. and he told us we are all set and said "Welcome back".. We believe that they did not call us because, we had a child with us. Thats it..so no issues. So dont worry folks, i hope and pray everyone should be ok for those who use AP.



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