GCNirvana007
04-04 05:44 PM
I need expert advice -
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
Active EAD should keep your status ok
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options? AP can be used to travel and return
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
Active EAD should keep your status ok
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options? AP can be used to travel and return
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pani_6
06-05 09:51 AM
I think next month its predicted that the Visa numbers will move forward and then retrogress again...so in October again there may be forward movement..what do you guys think!
lalithkx
08-19 11:54 AM
Per Murthy EAD will be ganted only for one year if I-140 has not yet approved.
An important point made in the clarification is that, regardless of an unavailable priority date, the EAD will only be granted for one year if the I-140 petition has not yet been approved.
Yes, My I-140 is still pending but both me and my wife got 2 year EAD.
I think they changed their policy at their convenience.
An important point made in the clarification is that, regardless of an unavailable priority date, the EAD will only be granted for one year if the I-140 petition has not yet been approved.
Yes, My I-140 is still pending but both me and my wife got 2 year EAD.
I think they changed their policy at their convenience.
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ItIsNotFunny
01-16 11:31 AM
I voted. Please do it now.
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roseball
07-20 05:47 PM
This is news to me also. Once my current H1 expires I'm also planning to work on EAD and change to H4. One attorney adviced me to do that so that in case something happens to our I-485, I'll be on H4 and be still on status in this country to appeal for an MTR.
Another attorney told me to just work on EAD, no need to file H4 but I can if that will give me a peace of mind.
But what this attorney described here make sense too. If working on EAD invalidates H1, it should invalidate H4 also. But then again like the OP said I have known people who were on H4 and started working when they got EAD and extended their H4.
Is it different in case its the beneficiary of the I485 thats moving to H4?
Saloni, have you gotten any more info and could you please provide the link to the memo you are talking about?
The reason why this is a grey area is because USCIS has no means of tracking whether you maintained a valid H4 status (did not work) or used your EAD (put EAD info in form I-9)from your pending I-485. So they keep extending your H4 status whenever it is requested as a supplement to primary beneficiary's H1 extension. But as with any other case, its always upto the applicant to prove his or her valid immigration status in the country. As far as the rules go, you can either be on H4 status and not work, or work on EAD and be in AOS status. Hope this helps...
Another attorney told me to just work on EAD, no need to file H4 but I can if that will give me a peace of mind.
But what this attorney described here make sense too. If working on EAD invalidates H1, it should invalidate H4 also. But then again like the OP said I have known people who were on H4 and started working when they got EAD and extended their H4.
Is it different in case its the beneficiary of the I485 thats moving to H4?
Saloni, have you gotten any more info and could you please provide the link to the memo you are talking about?
The reason why this is a grey area is because USCIS has no means of tracking whether you maintained a valid H4 status (did not work) or used your EAD (put EAD info in form I-9)from your pending I-485. So they keep extending your H4 status whenever it is requested as a supplement to primary beneficiary's H1 extension. But as with any other case, its always upto the applicant to prove his or her valid immigration status in the country. As far as the rules go, you can either be on H4 status and not work, or work on EAD and be in AOS status. Hope this helps...
shishya
04-30 12:59 PM
Just ask your parents to talk to a lawyer in India. Obtain two separate notarized affidavits from each parent. Hope you have the format. Give it your lawyer and tell him/her that they are the sworn affidavits. Be sure to mention in the affidavits that since there was no requirement of a birth certificate 'for my son/daughter' we never obtained one from the authorities earlier. Hence the new extract just for the purpose of filing immigration petition.
I think your lawyer is just complicating the situation - ?inexperience / jitteriness? When I had to get my BC I had to make my dad travel places on 12 hour trips. It is sad that we have make them run around in their old age. Plus the USCIS is stupid not to accept the date of birth as in the passport. Life is not easy when there are whole lot of dumba&&es around us. Just my opinion.
Thanks for your reply. But we are trying to avoid any RFEs whatsoever. And per our lawyers the manual does require a first class magistrate swearing :(
I think your lawyer is just complicating the situation - ?inexperience / jitteriness? When I had to get my BC I had to make my dad travel places on 12 hour trips. It is sad that we have make them run around in their old age. Plus the USCIS is stupid not to accept the date of birth as in the passport. Life is not easy when there are whole lot of dumba&&es around us. Just my opinion.
Thanks for your reply. But we are trying to avoid any RFEs whatsoever. And per our lawyers the manual does require a first class magistrate swearing :(
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saketkapur
10-28 10:55 AM
Please talk to a good immigration attorney.....following is just my opinion and do not take it as legal advice as every case is different.
If you have filed for AOS and are past the 6 month mark, have a valid EAD then you can invoke AC21 and change jobs.
Else your new company will most probably have to file a fresh labor and I-140 for you however you should be able to port or re-capture your PD.....
Again talk to a lawyer or post in the lawyer portal.........
best of luck
If you have filed for AOS and are past the 6 month mark, have a valid EAD then you can invoke AC21 and change jobs.
Else your new company will most probably have to file a fresh labor and I-140 for you however you should be able to port or re-capture your PD.....
Again talk to a lawyer or post in the lawyer portal.........
best of luck
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chanduv23
01-13 11:32 AM
Attorney Prashanthi Reddy is in India now on a vacation and will not be on IV chat till the 3rd week of January. She plans to conduct her chat sessions once she comes back and I or someone else will post details.
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apahilaj
09-29 10:55 AM
thank you guys for responding...
I've called them couple of times but they always say that the FP notice has not been mailed but has been ordered (whatever that means).
I'll call them again next week and try to open a SR.
may be they are random again as usual in issuing FP notices as well...they might not be going strictly by the notice dates.
appreciate your responses guys...
I've called them couple of times but they always say that the FP notice has not been mailed but has been ordered (whatever that means).
I'll call them again next week and try to open a SR.
may be they are random again as usual in issuing FP notices as well...they might not be going strictly by the notice dates.
appreciate your responses guys...
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gc_relief
04-27 02:56 PM
Reason syill not known and waiting for the denial notice..
Priority date is Nov'20 2007
My I-140 receipt date is Feb'20 2009..
Does the date impact my h1 extension??
Priority date is Nov'20 2007
My I-140 receipt date is Feb'20 2009..
Does the date impact my h1 extension??
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Macaca
07-09 10:02 AM
I was watching FOX News this afternoon around 3:00 pm EST and they talked about a Polish Lady sueing the USCIS. Her lawyer was on the show and he talked about the issue.
The host then talked to a Congress man (i think it was Tom Tancredo and he said that the US is bringing in a way too many immigrants and the US should stop it for a few years). When asked if the woman was wronged he rephrased the word wrong by "was caused inconvenience".
Anyways, the lady's lawyer hit the nail on the head. When asked if she was sueing to get a green card. Her lawyer said no. He said his client was sueing for financial damages and also for allowing her to submit her application as submitting the application has benefits.
The pole (like us) is in the country. US will not stop bringining in immigrants by not allowing her to submit her AOS application. By not allowing her to submit her AOS, US is ONLY delaying her GC.
The host then talked to a Congress man (i think it was Tom Tancredo and he said that the US is bringing in a way too many immigrants and the US should stop it for a few years). When asked if the woman was wronged he rephrased the word wrong by "was caused inconvenience".
Anyways, the lady's lawyer hit the nail on the head. When asked if she was sueing to get a green card. Her lawyer said no. He said his client was sueing for financial damages and also for allowing her to submit her application as submitting the application has benefits.
The pole (like us) is in the country. US will not stop bringining in immigrants by not allowing her to submit her AOS application. By not allowing her to submit her AOS, US is ONLY delaying her GC.
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pd_recapturing
04-28 08:32 AM
I also exactly same cris email as legal_A_IN_limbo yesterday. My employer revoked my H1B.
Do not go by wordings of this message. I have not heard any message that says that previously approved H1B is revoked. I think, this is standard message that indicates that H1B has been revoked.
Do not go by wordings of this message. I have not heard any message that says that previously approved H1B is revoked. I think, this is standard message that indicates that H1B has been revoked.
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anilsal
12-20 03:21 PM
How do you know Lou or Sen.Sessions will even consider accepting the invitation from Jon or Stephen?
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gccube
04-23 11:44 PM
Please see my signature for details. Good luck to all of you.
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file485
04-08 08:10 AM
please check out if valid i94 is good enuf at port of entry, if visa is expired in p.p possibilty of not crossing border can happen.
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pani_6
09-14 01:22 PM
Ok ..nothin happens in Sept..then elections happen...In terms of legislations what happens after the elections?..please scribe out possible scenario's...
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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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shri22
11-13 09:40 PM
Hi All,
Can you please tell me, when following was announced? Is this a new rule ?
VISA CONVERSATION NOT POSSIBLE FROM H4->H1 or from F1=> H1
I have appointment for Jan12 in TIJUANA , I took this appointment Oct 19th
I worked almost more than 1 year in USA with H1 status but never stamped on my passport.
Thanks
Shri
Can you please tell me, when following was announced? Is this a new rule ?
VISA CONVERSATION NOT POSSIBLE FROM H4->H1 or from F1=> H1
I have appointment for Jan12 in TIJUANA , I took this appointment Oct 19th
I worked almost more than 1 year in USA with H1 status but never stamped on my passport.
Thanks
Shri
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jhokimi
02-02 01:37 PM
I filed for labor cert in april 28, 2004 and I now have all approved including I-140. My I-485 receipt date is July 3, 2007 in Nebraska. Does teh July 19 date USCIS is showing mean I will get my green card soon. What should I expect moving forward and what type of timeline?
Thanks guys for all your help.
Thanks guys for all your help.
anil
04-02 11:20 AM
I would rather fight it here without sending her to India (it happened to me). If you (primary) are living here legally with all your past H1's available in hand, then you hire a gora lawyer. Don't go to Murthy or Rajiv Khanna, they charge hefty. Basically what you need to do is -
1) Your wife writes an affidavit on legal note explaining the whole story that she forgot, but has been maintaining the status legally until then. (the lawyer will help you with this). You have to build a case they you are living legally with a good intent but just forgot to renew...
2) Attach all H1/H4 copies of yourself and her with I-94.
3) Fill in H4 renewal application
3) Have the lawyer send all paperwork it to INS asap
When INS sees the legal note from attorney, they understand the case is legitimate and mostly approve her H4 renewal. This is what I did when it happened to my wife, and it got approved. However we delayed by 2 weeks. Worst case, you would fight the case in a federal court to prove your innocence, and they just approve it then.
1) Your wife writes an affidavit on legal note explaining the whole story that she forgot, but has been maintaining the status legally until then. (the lawyer will help you with this). You have to build a case they you are living legally with a good intent but just forgot to renew...
2) Attach all H1/H4 copies of yourself and her with I-94.
3) Fill in H4 renewal application
3) Have the lawyer send all paperwork it to INS asap
When INS sees the legal note from attorney, they understand the case is legitimate and mostly approve her H4 renewal. This is what I did when it happened to my wife, and it got approved. However we delayed by 2 weeks. Worst case, you would fight the case in a federal court to prove your innocence, and they just approve it then.
Brightsider
11-08 07:11 PM
Permit me to differ....with ND Bhatt.
With all due respect, I would like to point out that visas to dependents may not be the issue. The report includes all pending I-485 cases. It does not differentiate between principal applicants and derivative-dependents.
The problem must be elsewhere. Possibly, they may not have released complete and accurate figures, though I would hate to believe that. For a governmental agency that is answerable to Congress, it will be difficult for them to obfuscate beyond a point.
You are right on the 245 (i) issue. I do know a friend whose wife and child went to the consulate when their PDs became current. Since it was consular processing, it was not a case of I-485....they use some other form DS1030 or some such form.
That said, hang in there. Enjoy life while in the queue.
Best
With all due respect, I would like to point out that visas to dependents may not be the issue. The report includes all pending I-485 cases. It does not differentiate between principal applicants and derivative-dependents.
The problem must be elsewhere. Possibly, they may not have released complete and accurate figures, though I would hate to believe that. For a governmental agency that is answerable to Congress, it will be difficult for them to obfuscate beyond a point.
You are right on the 245 (i) issue. I do know a friend whose wife and child went to the consulate when their PDs became current. Since it was consular processing, it was not a case of I-485....they use some other form DS1030 or some such form.
That said, hang in there. Enjoy life while in the queue.
Best