h1bdude1
04-20 11:04 PM
Hello guys,
I am sending my family based I-485 on May 1. currently i am on h1b . My h1b approval (I-797A) is valid till April 15, 2009. my h1b extension is already pending with USCIS. My Question is :::----
Is there gonna be any problem with USCIS since my h1b approval already expired?? what will be my status after i filled my I-485?? Can i legally stay in US after filing family based I-485 even my h1b extension get denied.???
thanks
h1bdude1
I am sending my family based I-485 on May 1. currently i am on h1b . My h1b approval (I-797A) is valid till April 15, 2009. my h1b extension is already pending with USCIS. My Question is :::----
Is there gonna be any problem with USCIS since my h1b approval already expired?? what will be my status after i filled my I-485?? Can i legally stay in US after filing family based I-485 even my h1b extension get denied.???
thanks
h1bdude1
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sgorla
06-21 03:28 PM
Great. Thanks for sharing this info.
Good luck!
Yes
Good luck!
Yes
cokeraj
08-14 08:04 PM
I was just wondering if they stall the 485 processing once they issue an RFE on EAD. Would they hold the case in abeyance or are these two mutually exclusive.
Btw, am not sure of the reason for RFE yet.
Has anyone had their 485 approved with an RFE pending on EAD or AP?
EB2-I
PD: June 2004
I140 Approved: Aug 2006
485 RD: July 26, 2007
RFE on EAD: Aug 6, 2008
Btw, am not sure of the reason for RFE yet.
Has anyone had their 485 approved with an RFE pending on EAD or AP?
EB2-I
PD: June 2004
I140 Approved: Aug 2006
485 RD: July 26, 2007
RFE on EAD: Aug 6, 2008
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fromnaija
09-14 11:36 AM
The idea of a H1 transfer is a misnomer. Every application is a new H1. However, if you already are in a valid H1 nonimmigrant category then your new application is not subjected to the cap.
Whats the difference between H1 transfer and a new H1?
Whats the difference between H1 transfer and a new H1?
more...
f1togc
12-18 04:59 PM
mna,
first of all i am sorry to hear that your company is not doing good..oh well we are in a recession so who isnt?
anyways, your 485 was filed last month, kind of sucks, bcos you can invoke AC21 if your 140 is approved (in your case it is), 485 >180 days, find a similar job with more or exact pay mentioned in your LCA..Use your EAD and lose your H1 status ( could be risky if your AOS is denied, then you do not have a status).
In other case, you need to find a company which can sponsor (transfer your H1) and then start your perm all over again.
Other senior posters, pls shed some light on this topic. Is AC21 safe ? what is the probabilty of getting GC through AC21 without an RFE?
Thanks
first of all i am sorry to hear that your company is not doing good..oh well we are in a recession so who isnt?
anyways, your 485 was filed last month, kind of sucks, bcos you can invoke AC21 if your 140 is approved (in your case it is), 485 >180 days, find a similar job with more or exact pay mentioned in your LCA..Use your EAD and lose your H1 status ( could be risky if your AOS is denied, then you do not have a status).
In other case, you need to find a company which can sponsor (transfer your H1) and then start your perm all over again.
Other senior posters, pls shed some light on this topic. Is AC21 safe ? what is the probabilty of getting GC through AC21 without an RFE?
Thanks
gcForV
07-18 03:17 PM
TSC immigration officers answering phones at TSC are giving different status messages for the same candidate. The most commonly used answers are:
(1) Your finger print's are not uploaded to the TSC system.
Which is incorrect as the applicants went to their Infopass appointment and came to know there finger prints are done and after the applicants called FBI to confirm that the finger print results have been sent back to USCIS
(2) Name check not completed
(3) Visa number will not be allocated till october
The worst part is when you call the IO's after 10 minutes they give a different answer. The answers vary depend on the day and time of the call.
This has been goign on as per discussions in immigration forum @ http://boards.immigration.com/forumdisplay.php?f=98
Is there anyhting we can do about this IO's who are giving wrong information. Can we file any complaints?
(1) Your finger print's are not uploaded to the TSC system.
Which is incorrect as the applicants went to their Infopass appointment and came to know there finger prints are done and after the applicants called FBI to confirm that the finger print results have been sent back to USCIS
(2) Name check not completed
(3) Visa number will not be allocated till october
The worst part is when you call the IO's after 10 minutes they give a different answer. The answers vary depend on the day and time of the call.
This has been goign on as per discussions in immigration forum @ http://boards.immigration.com/forumdisplay.php?f=98
Is there anyhting we can do about this IO's who are giving wrong information. Can we file any complaints?
more...
greencardfever
03-14 02:11 PM
Is this still an issue?
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xZeRo23
06-21 06:59 PM
Dude.. in 10 mins I can make this:
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cantonsale10@gmail.com
02-14 07:20 PM
Hi Friends,
I work for Company A from the year 2003 on H1-B Visa and here is my details
Priority Date : Aug 2004 (EB3-I)
I-140 Approved date : Jan 2007
I-485 Filed date : July 2007
Currently using : H1-B (8 th year running)
EAD & AP : I have both EAD & AP but not using it at this stage.
Now i got an offer from Company B but they can accept only EAD or GC with Good salary and position. I am really tired of getting low salary with company A as they started taking advantage of me.
Now if i use EAD card to move to company B (by using AC21) and once i get a green card (don't know when ??) do i have to come back to company A and work for one or two years as GC is for future employment ? Is there any rule like this ?
I am also planning to have my personal attorney after moving to Company B to take care of AC 21 and other communications.
I am not sure Company A will allow me to move at this stage and i cannot waste my life with this company for a low salary so i want to move and make some progress in my life.
Have any of you moved like this and got GC ? Will there be any issues ?
Please advise.
I work for Company A from the year 2003 on H1-B Visa and here is my details
Priority Date : Aug 2004 (EB3-I)
I-140 Approved date : Jan 2007
I-485 Filed date : July 2007
Currently using : H1-B (8 th year running)
EAD & AP : I have both EAD & AP but not using it at this stage.
Now i got an offer from Company B but they can accept only EAD or GC with Good salary and position. I am really tired of getting low salary with company A as they started taking advantage of me.
Now if i use EAD card to move to company B (by using AC21) and once i get a green card (don't know when ??) do i have to come back to company A and work for one or two years as GC is for future employment ? Is there any rule like this ?
I am also planning to have my personal attorney after moving to Company B to take care of AC 21 and other communications.
I am not sure Company A will allow me to move at this stage and i cannot waste my life with this company for a low salary so i want to move and make some progress in my life.
Have any of you moved like this and got GC ? Will there be any issues ?
Please advise.
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rimzhim
07-05 08:50 AM
Hi,
I filed my 485 in Dec 2004.My PD is June 2004.
Got married in 2005.
If (Less Probability..) i get my 485 approved and not able to add my Spouse's to my 485.
What would be my Options.
Please advice.
I am no lawyer, but from what I know you can file for spouse's 485 until your own 485 is being processed. Once it is approved, you CANNOT file for spouses's 485. Trying to get your spouse into the US once you have a GC can take a very long time. However, the post above seems to have some different info. Follow that up as well.
I filed my 485 in Dec 2004.My PD is June 2004.
Got married in 2005.
If (Less Probability..) i get my 485 approved and not able to add my Spouse's to my 485.
What would be my Options.
Please advice.
I am no lawyer, but from what I know you can file for spouse's 485 until your own 485 is being processed. Once it is approved, you CANNOT file for spouses's 485. Trying to get your spouse into the US once you have a GC can take a very long time. However, the post above seems to have some different info. Follow that up as well.
more...
sideeque
12-15 04:26 PM
Thanks for the responses.
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looivy
10-11 02:50 PM
I am a labour substitution case pd feb 2002 filed 140 in June at NSC. My 140 has been pending for more than a year. Now recently I received 2 year ead.
Does this imply my 140 is approved too???
Is it safe to work on ead of one gets 2 year ead with pending 140.??
please advice.
I do not understand why they grant EADs when your I-140 is not approved. The reason I bring this up is if a person loses his/her job and your I-140 is revoked, the EAD is useless. You cannot use AC21 for that because your I-140 is not approved.
Nebraska center is doing nothing regarding I-140 EB-3 (India) apps. The I-140 date at Nebraska has beeing moving by 1 day per month for the last 7-8 months. It is stuck at March 30th 2007. Moreover, the latest "as of" i.e. "report" date that you see on Nebraska is July 31st 2008. It is not current (Sept 2008) as many of you may think.
I understand that they receive 1000s of applications but that is no excuse for incompetence. As of July 31st, it was taking them 1 year and 4 months and now it is 1 year and 6 months to process I-140.
Why don't they re-institute expedited I-140 approval?
Can IV please help us?
Does this imply my 140 is approved too???
Is it safe to work on ead of one gets 2 year ead with pending 140.??
please advice.
I do not understand why they grant EADs when your I-140 is not approved. The reason I bring this up is if a person loses his/her job and your I-140 is revoked, the EAD is useless. You cannot use AC21 for that because your I-140 is not approved.
Nebraska center is doing nothing regarding I-140 EB-3 (India) apps. The I-140 date at Nebraska has beeing moving by 1 day per month for the last 7-8 months. It is stuck at March 30th 2007. Moreover, the latest "as of" i.e. "report" date that you see on Nebraska is July 31st 2008. It is not current (Sept 2008) as many of you may think.
I understand that they receive 1000s of applications but that is no excuse for incompetence. As of July 31st, it was taking them 1 year and 4 months and now it is 1 year and 6 months to process I-140.
Why don't they re-institute expedited I-140 approval?
Can IV please help us?
more...
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kuppas
04-11 05:39 PM
Both I94, one you got at POE and another you got from H1 approval notice has same number. I94 attached with the H1 approval notice has expiration date and you can use it until it expires. I assume, both are valid since both has the same number except the expiration date.
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aditya
04-15 01:48 PM
Guys i am new to the forum
I know its a tough one to guess but
any idea what could be
Most Optimistic Outlook for Eb2
Most pestimestic Outlook for Eb2
Median Outlook for Eb2?
thanks
I know its a tough one to guess but
any idea what could be
Most Optimistic Outlook for Eb2
Most pestimestic Outlook for Eb2
Median Outlook for Eb2?
thanks
more...
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black_logs
01-17 09:29 AM
Guys,
during our meeting with the lobbyists in Washington D.C. one thing stood clear. We have to get our employers in the big picture and we need to meet the lawmakers. For this we are going to start this effort �Meet the lawmakers�. The material and corresponding will eventually come from the Lobbying firm. But in the mean time we need to build the team. Immigrationvoice Board of directors has given me the responsibility to build this specific team. Those who have will to give their best to this task Please contact me on black_logs@yahoo.com we�ll get started here.
Thanks
during our meeting with the lobbyists in Washington D.C. one thing stood clear. We have to get our employers in the big picture and we need to meet the lawmakers. For this we are going to start this effort �Meet the lawmakers�. The material and corresponding will eventually come from the Lobbying firm. But in the mean time we need to build the team. Immigrationvoice Board of directors has given me the responsibility to build this specific team. Those who have will to give their best to this task Please contact me on black_logs@yahoo.com we�ll get started here.
Thanks
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sujijag
09-16 02:15 PM
EB3 is an overloaded ship, either you had to abandon(read porting to Eb2) or unload few of them (removing 245(i) cases from Eb3) to reach the target.
Abandoning can take an year for most of us - PERM Approval time line for now.
Unloading will never happen in this economic scenario
So we had to look for lifeboat saving to do the miracle. If any one finds it let me know am ready to grab it.
Abandoning can take an year for most of us - PERM Approval time line for now.
Unloading will never happen in this economic scenario
So we had to look for lifeboat saving to do the miracle. If any one finds it let me know am ready to grab it.
more...
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Hermione
10-02 10:49 AM
Applied for AP/EAD/485 in July 07.....I know that I can invoke AC21 after 180 days and change jobs.....My question is ,
1. If I travel to India before the 180 days and use the AP when I return, is it like invoking AC21 before 180 days ?
2. what are the consequences of using AP within 180 days after filing for 485 ?
3. Is AP and AC21 related ? [brother, sister , cousin :) ]
Thanks.
1. No.
2. None.
3. No.
AC21 changes the sponsoring employer on your green card petition (the one that you plan to work for upon final approval).
1. If I travel to India before the 180 days and use the AP when I return, is it like invoking AC21 before 180 days ?
2. what are the consequences of using AP within 180 days after filing for 485 ?
3. Is AP and AC21 related ? [brother, sister , cousin :) ]
Thanks.
1. No.
2. None.
3. No.
AC21 changes the sponsoring employer on your green card petition (the one that you plan to work for upon final approval).
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java4yogi
03-28 07:38 PM
Hi,
I have been searching a lot for the H4-H1 cases and have come across the following responses from my lawyer.
My wife has an H4 from my previous company expiring in July end 2007.
I have a new approved H1 petition from my new employer approved till Aug 2008. The new employer did not apply for my wife's H4 transfer petition.
I am now applying for my wife's H1 and I had queried from the lawyers if I need to do the following :
a) Do we need to apply for my wife's H4 extension now to my current employer.
RESPONSE FROM LAWYER : NO
b) Do we need to apply for the extension for my wife's H4 visa, since it is ending last week of July 2007.
RESPONSE FROM LAWYER : NO
I am not sure if I am getting the correct responses from my company's lawyer.
I think my wife is going to go out of status if my company does not apply for her H4 extension. Is that correct ?
Also, if her H4 is only valid till July end 2007, will the INS issue her an H1 based on this ? Will my wife be forced to leave US from Aug onwards if her H1 petition is pending with the INS?
I would be very thankful if you could respond to these statements from my lawyer and advise.
Thanks a lot in advance.
I have been searching a lot for the H4-H1 cases and have come across the following responses from my lawyer.
My wife has an H4 from my previous company expiring in July end 2007.
I have a new approved H1 petition from my new employer approved till Aug 2008. The new employer did not apply for my wife's H4 transfer petition.
I am now applying for my wife's H1 and I had queried from the lawyers if I need to do the following :
a) Do we need to apply for my wife's H4 extension now to my current employer.
RESPONSE FROM LAWYER : NO
b) Do we need to apply for the extension for my wife's H4 visa, since it is ending last week of July 2007.
RESPONSE FROM LAWYER : NO
I am not sure if I am getting the correct responses from my company's lawyer.
I think my wife is going to go out of status if my company does not apply for her H4 extension. Is that correct ?
Also, if her H4 is only valid till July end 2007, will the INS issue her an H1 based on this ? Will my wife be forced to leave US from Aug onwards if her H1 petition is pending with the INS?
I would be very thankful if you could respond to these statements from my lawyer and advise.
Thanks a lot in advance.
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Ann Ruben
04-28 07:13 PM
you can file for a change of status to E without haveing to leave the country.
[Legoman]
07-23 07:39 AM
grouping should work as long as you do it before animating and not as an afterthought.
manand24
10-25 03:31 PM
I think that it is very common to get the EAD card with Finger Prints not available printed. I do not think that you should be worried too much about this.
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