ItIsNotFunny
04-06 08:35 AM
Yes it is correct link, many of us are headed this way....
Let us not use any marketting links here.
Let us not use any marketting links here.
nish
10-06 05:49 PM
Thanks for your reply...
If I do COS staus with premium processing then how much will it cost me and is there any consulate can raise query in COS process because of unavailability of project work.
If I do COS staus with premium processing then how much will it cost me and is there any consulate can raise query in COS process because of unavailability of project work.
windycloud
09-29 04:05 PM
EDIT (correction) - from this link: http://thevisabulletin.com/2008/7th-year-h-1b-extensions-under-ac21-104c-and-106a-statutes-and-uscis-guidance/
Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
gc28262
11-05 11:25 AM
All,
I am starting this thread to track I-485 applications that did not receive receipt notices yet after filing in July-August
I filed on August 15th
No receipt notice yet as of Nov, 5, 2007
Anybody else in similar situation ?
I am starting this thread to track I-485 applications that did not receive receipt notices yet after filing in July-August
I filed on August 15th
No receipt notice yet as of Nov, 5, 2007
Anybody else in similar situation ?
more...
karthkc
03-18 05:19 PM
Yha i got my EAD through Spouse.
Is corp to corp a better option or should i ask my other XYZ company to file for my H1B?
Okay..Here is the deal..If you are on H1B currently and do NOT have any paystubs for longer than a month (usually), then you face the risk of getting an RFE from USCIS regarding your status.
This is YMMV meaning you may get it or you may not, nobody can say for sure...It all depends on how closely USCIS looks at your case.
If you have been on H1B status without paystubs longer than 183 calendar days, you have bigger problems. My recommendation in that case is to get a good attorney ASAP.
If you feel your case status so far does not have any major legal or immigration issues, my suggestion is to use the EAD to work and make sure you renew it on time and stay in AOS. The downside to that is if your spouse's 485 has any issues and gets denied, then you are immediately out of status. (If that happens, you probably have more to worry about than just your status)
As always, take the above with a pinch of salt and consult an attorney in moments of doubt...!
Thanks!
Is corp to corp a better option or should i ask my other XYZ company to file for my H1B?
Okay..Here is the deal..If you are on H1B currently and do NOT have any paystubs for longer than a month (usually), then you face the risk of getting an RFE from USCIS regarding your status.
This is YMMV meaning you may get it or you may not, nobody can say for sure...It all depends on how closely USCIS looks at your case.
If you have been on H1B status without paystubs longer than 183 calendar days, you have bigger problems. My recommendation in that case is to get a good attorney ASAP.
If you feel your case status so far does not have any major legal or immigration issues, my suggestion is to use the EAD to work and make sure you renew it on time and stay in AOS. The downside to that is if your spouse's 485 has any issues and gets denied, then you are immediately out of status. (If that happens, you probably have more to worry about than just your status)
As always, take the above with a pinch of salt and consult an attorney in moments of doubt...!
Thanks!
nk2006
11-12 10:15 AM
Hi Connecticut members,
There is an IV action item to fight recent practice of USCIS in denying I485 applications in some AC21 cases. For more info, please visit:
http://immigrationvoice.org/forum/showthread.php?t=22182
It’s a serious issue which can affect many of us, please act now and send letters (letter formats and everything else is ready in the thread quoted above). It will only take a few minutes of your time.
State chapter leader,
Please try to bring attention of your state members to this IV core approved effort.
Thank you.
There is an IV action item to fight recent practice of USCIS in denying I485 applications in some AC21 cases. For more info, please visit:
http://immigrationvoice.org/forum/showthread.php?t=22182
It’s a serious issue which can affect many of us, please act now and send letters (letter formats and everything else is ready in the thread quoted above). It will only take a few minutes of your time.
State chapter leader,
Please try to bring attention of your state members to this IV core approved effort.
Thank you.
more...
enqueued
12-11 01:38 AM
Hi,
We applied for EAD and Adv parole renewal on July 2nd for my wife. Her new EAD card was received in September and no word on the Adv Parole yet. Online status still shows 'case received and pending'.
She had her previos Adv Parole expiring on Oct 22nd. She left to India on Oct 1st. Now that her previous Adv Parole has expired and new one still not approved, will they allow her to enter US?
Thanks!
I did some research on traveling with AP. AFAIK it has to be approved while you are in US - especially if you are an AOS applicant.
http://www.murthy.com/news/ukpbadpl.html
http://www.usimmigrationsupport.org/advance_parole.html
Good luck
Thanks
We applied for EAD and Adv parole renewal on July 2nd for my wife. Her new EAD card was received in September and no word on the Adv Parole yet. Online status still shows 'case received and pending'.
She had her previos Adv Parole expiring on Oct 22nd. She left to India on Oct 1st. Now that her previous Adv Parole has expired and new one still not approved, will they allow her to enter US?
Thanks!
I did some research on traveling with AP. AFAIK it has to be approved while you are in US - especially if you are an AOS applicant.
http://www.murthy.com/news/ukpbadpl.html
http://www.usimmigrationsupport.org/advance_parole.html
Good luck
Thanks
feedfront
10-07 06:22 PM
Can admin keep PDF version of it before it disappears from the site? I don't know how much usefult it can be but just in case...
Sad part is, it can not be verified.
Sad part is, it can not be verified.
more...
GCWaiter03
07-27 12:51 PM
Friends,
Finally my 485 is approved,
" On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"
Long wait is over....
I thank IV core members and all others for their efforts and information.
Case details
EB3 - India
PD - Nov2003
RD - Aug 2004
Approved - 7/26/2007
RFE - Birth Certificate and 325, Yes replied last Sept.
ajkastar, Where did you filed your i-485. Is it NSC?
Mine is also in the same range of PD and RD, But I filed in NSC.
Thanks,
GCWaiter03
Finally my 485 is approved,
" On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"
Long wait is over....
I thank IV core members and all others for their efforts and information.
Case details
EB3 - India
PD - Nov2003
RD - Aug 2004
Approved - 7/26/2007
RFE - Birth Certificate and 325, Yes replied last Sept.
ajkastar, Where did you filed your i-485. Is it NSC?
Mine is also in the same range of PD and RD, But I filed in NSC.
Thanks,
GCWaiter03
andy garcia
11-04 08:20 PM
Is this something to be concerned about, getting AP before EAD , both are of course 124 days since receipt date.
How are AP and EAD related?
My son and I have never applied for AP and we have got two EAD's.
My wife on the other hand has never applied for EAD, only AP.
How are AP and EAD related?
My son and I have never applied for AP and we have got two EAD's.
My wife on the other hand has never applied for EAD, only AP.
more...
TomPlate
12-03 12:27 PM
After an 2 years assume the project that I worked is closed. Initially the greencard was filed related to a requirement in the project. I got approved after 3 years. Since the project is closed, I cannot work on the project that was initially filed on Green card.
Now Explain me what we should do?
Now Explain me what we should do?
dwhuser
06-15 11:24 PM
Oh! Thanks for the explanation. We will ask his old employer if he would give us the letter. Honestly I doubt.... if he can give the letter without an active payroll or a Purchase order for a future project. No harm in tring though.....
more...
yestogc
11-17 02:30 PM
the option I see is that you should get the responsibilities more clearly defined on your ex companies letter head if possible ............. if not then you can get the role details from your previous peers and manager, at each company.
Act fast as this may take time
Act fast as this may take time
sweet_jungle
12-12 12:51 AM
went for infopass for correcting wife's DOB. Officer said it cannot be corrected here. After some protest, he took photocopies of birth certificate and passport and then sent e-mail to service center. Also, enquired about her EAD which is now pending for 110 days. Officer was not able to say why it is pending. just have to wait.
My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
more...
GCWhru
11-15 02:13 PM
I think there is nothing called State chapter link.. we have to come together and form a group.
Please reply to this thread and express your interest to join TN chapter.
I will consolidate.
Please reply to this thread and express your interest to join TN chapter.
I will consolidate.
s_r_e_e
08-19 03:10 PM
I believe you should send what ever you have with a good cover letter about the unavailability & about the documents submitted originally. That might turn it in to an approval soon, hopefully.
more...
crystal
08-28 04:08 PM
Either u need to ask your own lawyer or u need to ask the lawyer of the company where u going to join or do ur own research at risk
eagerr2i
09-08 01:38 PM
http://prweb.com/releases/2006/9/prweb435159.htm
Madhuri
11-26 12:09 PM
Is it really possible to move back to H1 with a new company from EAD, in case 1> you have approved 140
2> you have not used the entire of 3 year extension that you received b'cos of approved 140,and started using EAD.
I am not sure we can do this.
yes you can. Since your PD indicates your LC is >365 days old.
new H1 is same as transfer, there is no real difference in application etc. I assume you are moving from AOS-pending/EAD to an H1.
2> you have not used the entire of 3 year extension that you received b'cos of approved 140,and started using EAD.
I am not sure we can do this.
yes you can. Since your PD indicates your LC is >365 days old.
new H1 is same as transfer, there is no real difference in application etc. I assume you are moving from AOS-pending/EAD to an H1.
hydubadi
03-18 02:14 PM
I agree.
bkarnik
04-04 10:36 PM
The AOS (485) is based on the I-140 approved for the beneficiary listed in the I-140 and not the labor. Besides, the DOL is not really concerned about EB2 or EB3 category. The DOL asks for the alien information just to verify that the job ad is not tailored to meet the alien's qualifications. EB2, EB3, etc are categories under the INA which become applicable only once the I0140 is filed. In a nutshell, your friend should have consulted another attorney before the I-140 was filed under EB3. It is not possible to change the 485 filing to EB2 based on the labor because the immediately preceding step to filing 485 is the I-140 which governs.
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