ksircar
06-23 12:39 PM
If dates stay current (expected for maybe July), I-485 processing is FIFO based on receipt date of I-485.
If dates retrogress, I-485 processing is FIFO based on PD.
IF dates stay current THEN
I-485 processing is FIFO based on receipt date of I-485
ELSE
I-485 processing is FIFO based on PD
END IF
:)
If dates retrogress, I-485 processing is FIFO based on PD.
IF dates stay current THEN
I-485 processing is FIFO based on receipt date of I-485
ELSE
I-485 processing is FIFO based on PD
END IF
:)
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Cherrymn
02-17 04:29 PM
I was initially issued pp for 5 years in India. Last year in '08 when it was expiring, i sent application for renewal of passport (NY Consulate) based on my EAD. However, instead of renewing it for another 5 years they renewed it for 1 year only. When I called the office, they said that they receive tons of pp's lon EAD which can be renewed for a year only.
Did anybody face this same problem? Can I apply for new passport based on I-485 receipt and would they issue passport for another 5 or 10 years?
Thanks in advance
Did anybody face this same problem? Can I apply for new passport based on I-485 receipt and would they issue passport for another 5 or 10 years?
Thanks in advance
STAmisha
06-30 11:43 AM
Please check the answers below
Hi,
I have approved labor (filed Apr 2004 and cleared Jan 2007) in EB2 category. But it was filed wrongly in EB2 as somehow it got cleared. But now I got RFE on I-140 and there is a verly bleak chance of getting it cleared.
In the meantime I am thinking to file a new labor by PERM (from same employer). I have few questions regarding this:
1. Can I file new labor in PERM without affecting my current labor and I-140 ?
YES
2. Do I have to mention in my new labor about my old labor and I-140 ?
I dont think so. CHeck with a lawyer
3. Can I use different experience letters in new labor as my old labor is in jeopardy because of experience letters only.
Check with lawyer
Thanks
DC
Hi,
I have approved labor (filed Apr 2004 and cleared Jan 2007) in EB2 category. But it was filed wrongly in EB2 as somehow it got cleared. But now I got RFE on I-140 and there is a verly bleak chance of getting it cleared.
In the meantime I am thinking to file a new labor by PERM (from same employer). I have few questions regarding this:
1. Can I file new labor in PERM without affecting my current labor and I-140 ?
YES
2. Do I have to mention in my new labor about my old labor and I-140 ?
I dont think so. CHeck with a lawyer
3. Can I use different experience letters in new labor as my old labor is in jeopardy because of experience letters only.
Check with lawyer
Thanks
DC
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tabletpc
08-22 03:52 PM
Anyone got a chance to read this...
http://news.yahoo.com/s/afp/20070822/pl_afp/usimmigrationeducation
http://news.yahoo.com/s/afp/20070822/pl_afp/usimmigrationeducation
more...
evgrace
03-03 06:14 PM
Did You get to change the FNU status? what did u do? ?I am facing the same issue here
noida123
07-29 07:06 PM
The Original Post said he was contracting for Federal Govt. It is possible to contract with most Depts on H-b, EAD , GC regardless of your immigration status.
It is not true, that it is not possible to work in Fed Govt on H1 or EAD. Hundreds of contractors work for the Federal govt in DC area who are on H1-Bs.
Regards
It is not true, that it is not possible to work in Fed Govt on H1 or EAD. Hundreds of contractors work for the Federal govt in DC area who are on H1-Bs.
Regards
more...
bikram_das_in
06-03 09:57 AM
If china moves forward, it's good news for EB2 India which will get all the spillover visas.
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sriramkalyan
04-29 01:38 PM
I think it means , can enter country with H1B visa stamped before entering, if Advance parole is not there
more...
raj2007
02-17 11:40 PM
Yes I declared my arrest in I485 and have got my EAD and AP aproved.
Did anyone in this situation travel on AP?
I think you should be OK.. try to consult the lawyer.
Did anyone in this situation travel on AP?
I think you should be OK.. try to consult the lawyer.
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pappu
03-10 03:11 PM
You can always add corrections, You are the Admin!
Do not waste your time on soft LUDs
Do not waste your time on soft LUDs
more...
supers789
09-21 03:35 PM
I recently changed my job, after getting a receipt from new employer. But I noticed that the attorney has done a typo in my middle name. she added 1 extra letter in the middle. can anyone please let me know if this would create any problem for me getting the H1B transfer approval and what is the way to correct it? Since I have already left my old job, I am kind of worried. Please reply back if anyone has come accross or aware of such case.
Thanks.
Thanks.
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kzinjuwadia
05-13 11:53 PM
It does. MS = BS + 5yrs experience per the general guideline principles followed by CIS/companies. My EB2 was applied when I had around 1yrs exp after MS. Imp thing is that the job for which your LC is being filed should have EB2 requirement. Make sure of that. Otherwise, even if a PhD candidate is employed for a layman job, it's doesn't warrant EB1. the driving factor is the job's requirement.
more...
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STK
02-08 02:01 AM
I've received my EAD+AP and I 485 (filed, priority date Nov 05) through my husband's GC process. I currently work on H1B (3 yrs remaining on my H1B). One week ago got laid off and working with same company till end of month. While looking for new job I'm unable to decided whether to maintain my H1-B status or switch to EAD.
1) If I switch to EAD and husband has problems in I485 approval, can I switch back to H1B for remaining time or do I fall under H1 cap and start from beginning.
2) Should I transfer to H4 before leaving job and then look for new job with EAD to save remainder of time on H1B which I can use if something goes wrong with EAD.
3) Would it be safer to get H1B transfer to new employer and forget EAD till husbands I-485 gets approved.
4) If I get a job on EAD, do I've to file something with INS to let them know that Im not working on H1B. If getting back on H1B from EAD, do I file regular H1B application through employer or process is different if you get back from EAD to H1.
Please help!!!!!! lay off from work is enough stress. I thought EAD would make life easier but more options means more confusion:confused:
1) If I switch to EAD and husband has problems in I485 approval, can I switch back to H1B for remaining time or do I fall under H1 cap and start from beginning.
2) Should I transfer to H4 before leaving job and then look for new job with EAD to save remainder of time on H1B which I can use if something goes wrong with EAD.
3) Would it be safer to get H1B transfer to new employer and forget EAD till husbands I-485 gets approved.
4) If I get a job on EAD, do I've to file something with INS to let them know that Im not working on H1B. If getting back on H1B from EAD, do I file regular H1B application through employer or process is different if you get back from EAD to H1.
Please help!!!!!! lay off from work is enough stress. I thought EAD would make life easier but more options means more confusion:confused:
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vegasbaby
04-23 04:38 AM
Hi, I have an approved I 140 (EB3) and my priority date is Nov 2007. I have a Canadian PR and my employer has agreed to let me work from our Canada Office. My question is, what should I do when/if my priority date becomes current while we are in Canada ? Should we come back to USA on visitors visa and apply for AOS or should be go for Consular Processing ? What are the pros and cons of each approach ?
Question is why you want to move to Canada. If you want that your Canadian PR does not get invalidated bcoz you didn't stay 3 yrs out of 5 in Canada, then, I would rather suggest, that you work thru your company (Canadian company) in US. The number of days you spend outside Canada working thru a canadian company in US are counted towards your day of stay in Canada. You can check this info.
To ans your question, you can come to US on visitor visa/business visa whatever visa to file for your I-485 but as far as I know, you cannot stay more than 6 months outside US on AOS. So I would rather do a CP.
There are some differences in AOS & CP. In AOS, you get EAD & AP which is as good as GC. If your case is denied, you can challenge it in US Courts in case of AOS.
In case of CP, the consulate will call you for interview & you have to be there on that specified date & time else its curtains for your case. You cannot challenge their decision.
Question is why you want to move to Canada. If you want that your Canadian PR does not get invalidated bcoz you didn't stay 3 yrs out of 5 in Canada, then, I would rather suggest, that you work thru your company (Canadian company) in US. The number of days you spend outside Canada working thru a canadian company in US are counted towards your day of stay in Canada. You can check this info.
To ans your question, you can come to US on visitor visa/business visa whatever visa to file for your I-485 but as far as I know, you cannot stay more than 6 months outside US on AOS. So I would rather do a CP.
There are some differences in AOS & CP. In AOS, you get EAD & AP which is as good as GC. If your case is denied, you can challenge it in US Courts in case of AOS.
In case of CP, the consulate will call you for interview & you have to be there on that specified date & time else its curtains for your case. You cannot challenge their decision.
more...
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meridiani.planum
05-05 02:08 AM
inline...
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
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gc28262
02-19 09:50 PM
Another proof that H1B is modern day slavery.
more...
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dngoyal
08-17 02:45 PM
I applied for 485/EAD/AP in the month of June'2007.
I got the receipt and my finger printing is done.
Now my EAD/AP?485 are in pending approval stage.
At this time, I need to travel out of country for urgent reasons,
how it will work.
I have H1B stamped on my passport which is valid till March'2010.
Is it OK to travel on this H1B and re-enter or as my finger printing is done, I am already on AOS status.
Please help.
I got the receipt and my finger printing is done.
Now my EAD/AP?485 are in pending approval stage.
At this time, I need to travel out of country for urgent reasons,
how it will work.
I have H1B stamped on my passport which is valid till March'2010.
Is it OK to travel on this H1B and re-enter or as my finger printing is done, I am already on AOS status.
Please help.
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transpass
03-29 12:36 PM
Hello,
I am an F1 visa student and am marrying my sweetheart who is an American citizen. We are planning to pick up the marriage license tomorrow, in MA. I know one of the questions is "residence". Do I put my local residence (I've been here for about 6 years) or my foreign residence? I do not want to jeopardize my status.
Thanks
Need to put your local address. I am sure you filed taxes, and used US address as the permanent address. And BTW, when I got married in CA, that's what I did...
And congratulations...:)
I am an F1 visa student and am marrying my sweetheart who is an American citizen. We are planning to pick up the marriage license tomorrow, in MA. I know one of the questions is "residence". Do I put my local residence (I've been here for about 6 years) or my foreign residence? I do not want to jeopardize my status.
Thanks
Need to put your local address. I am sure you filed taxes, and used US address as the permanent address. And BTW, when I got married in CA, that's what I did...
And congratulations...:)
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go_guy123
03-04 01:57 AM
To all the physician members of this forum....
Conrad 30 program is up for extension on march 6.
According to shusterman.com although the extension is gonna take place, they plan to make physicians exempt from employment based category as long as they work in medically underserved areas....
If this bill includes the physician clause that will be a lifesaver for a lot of people and also help in visa retrogression albeit little bit.
Hope it passes....any thoughts anyone?
Yes Conrad 30 will be extended. Whenever there is lobby behind something it will get passed. There are lot of congressmen from rural America where doctors don't like to serve. So Conrad 30 helps to get doctors there.
Conrad 30 issues is same like the Amtrak issue. Every year Amtrak runs a loss and congress huff and puff abut it but eventually pass the Amtrak budget payment.
Because Amtrak threatens to stop the unprofitable routes (typical rural areas)
and a lot of Congressmen panic and pass that.
Whether "physicians exempt from employment based category " that is a different case because there is very little incentive to get that done. Once doctors get green card they can leave the under served areas.
Conrad 30 program is up for extension on march 6.
According to shusterman.com although the extension is gonna take place, they plan to make physicians exempt from employment based category as long as they work in medically underserved areas....
If this bill includes the physician clause that will be a lifesaver for a lot of people and also help in visa retrogression albeit little bit.
Hope it passes....any thoughts anyone?
Yes Conrad 30 will be extended. Whenever there is lobby behind something it will get passed. There are lot of congressmen from rural America where doctors don't like to serve. So Conrad 30 helps to get doctors there.
Conrad 30 issues is same like the Amtrak issue. Every year Amtrak runs a loss and congress huff and puff abut it but eventually pass the Amtrak budget payment.
Because Amtrak threatens to stop the unprofitable routes (typical rural areas)
and a lot of Congressmen panic and pass that.
Whether "physicians exempt from employment based category " that is a different case because there is very little incentive to get that done. Once doctors get green card they can leave the under served areas.
jain4444
11-09 10:01 PM
bump
lotta
07-18 08:16 PM
Probably not. Perhaps worst case is RFE, which can be easily answered in your case.