abandookwala63
03-19 01:16 PM
I am working for company A for the past 8 years. they are closing down. I have got EAD and another job offer in the same category. My lawyer told me to transfer the H1 on the new employee. I told him about 6 years cap.(In case something goes wrong with my AOS i cannot stay as my 6 years on H1 are over). He told me that still i can have my 1 year extensions, does not matter even my 6 years are over. On IV people are discussing that once your 6 years cap is over and AOS is denied you cannot get extensions. Can somebody please clear up my situation. Thanks
uslegals
11-12 08:59 AM
thanks desertfox ! i I did apply before July 30, 2007 (recd. date for 485 is 7/17/07) which means that i do have to pay the fees for AP. I will go ahead and apply online.
Enjoy the weekend!
Enjoy the weekend!
chaks7
12-07 03:19 PM
For filing 485 you need the PD to be current. For Consular Processing (CP), dates need not be current. You indicate that you want your application to be processed with CP option and the Consulate (in this case, Consulate in India) will schedule the interview when you are dates are current. You can check with a lawyer how you can abandon 485 and switch to CP. But make sure you are knowledgeable with the necessary facts/information as CP can be a long wait if you are in EB3-I category. You may lose the benefits of 485 when July 2007 fiasco happened where you were able to file 485 and the dates retrogressed and meanwhile you can still enjoy EAD and AP for travelling. This option will not be there if you choose CP.
belmontboy
08-14 09:33 PM
From the link, it appears that the talk here is about filing I-485 even when priority date is not current. That's different from before. Having said that, we'll see when it happens and if anything happens.
Please read properly
from the link:
This proposed rule is intended to streamline adjustment application processing by utilizing a two-step process in which registration packets can be pre-screened for documentary evidence, security checks can be initiated and completed, and pending visa demand can be adequately conveyed to DOS. The DOS will then adjust its Visa Bulletin accordingly and applicants may then proceed forward with filing their I-485s based on visa availability as reflected in the monthly Visa Bulletin.
Please read properly
from the link:
This proposed rule is intended to streamline adjustment application processing by utilizing a two-step process in which registration packets can be pre-screened for documentary evidence, security checks can be initiated and completed, and pending visa demand can be adequately conveyed to DOS. The DOS will then adjust its Visa Bulletin accordingly and applicants may then proceed forward with filing their I-485s based on visa availability as reflected in the monthly Visa Bulletin.
more...
validIV
03-25 01:36 PM
My employer paying for my work!
You just said you were unemployed for 4 weeks? But you're getting paid?
You just said you were unemployed for 4 weeks? But you're getting paid?
PD_Dec2002
06-24 12:28 PM
I agree with you.
We are apply independently since both of us are in H1B status
I presume that this marriage in foreign country may not be valid because the marriage was neither registered in India nor done according to Foreign Marriage Act, 1969, since both of us are citizen of India at this present time.
However; we are working out with our parents to get married and register in India, but unsure when this will happen.
You�re Thoughts please?
I have no knowledge on this subject so I can't help you out here. As Ramba also said, seek legal help. Also, if getting married is important to you, your partner, and you are sure about your relationship, and if you guys are getting it done in India anyways, why not get a court marriage here ASAP before filing for your I-485.
From a GC perspective, it "might" be better to have one I-485 application with spouse as the beneficiary rather than pursuing two I-485s independently.
Good luck.
Thanks,
Jayant
We are apply independently since both of us are in H1B status
I presume that this marriage in foreign country may not be valid because the marriage was neither registered in India nor done according to Foreign Marriage Act, 1969, since both of us are citizen of India at this present time.
However; we are working out with our parents to get married and register in India, but unsure when this will happen.
You�re Thoughts please?
I have no knowledge on this subject so I can't help you out here. As Ramba also said, seek legal help. Also, if getting married is important to you, your partner, and you are sure about your relationship, and if you guys are getting it done in India anyways, why not get a court marriage here ASAP before filing for your I-485.
From a GC perspective, it "might" be better to have one I-485 application with spouse as the beneficiary rather than pursuing two I-485s independently.
Good luck.
Thanks,
Jayant
more...
Ann Ruben
01-12 08:58 PM
Remaining in H-1 status provides what I think is a very important safety net. Even if you are 100% sure that there are no potential problems with your I-485, the possibility of an erroneous USCIS denial always exists. If there are any glitches, you will be in a much better position to wait for them to be resolved if you are able to remain legally employed in the US. Additionally, you are entitled to a three year H-1 extension which means you won't have the hassle of worrying about gaps in employment or travel authorization because of USCIS processing delays. Finally, remaining in H-1 status gives your current or future spouse the option of H-4 status.
hydboy77
11-17 06:51 PM
As a student who came here myself and understand the huge investment they have to make to come here to study in US, I fell sorry for these students and there parents. With the draconian restrictions imposed by uscis and certain senators many of these kids will not have an oportunity to work in US. I am not sure how they will be able to repay the huge loans they are taking to pay the fees to US universities
more...
desi3933
04-06 03:11 PM
You can see many denials for 3 year degree people in various forums including IV.
I have one copy of the denial of my friend in hand. (AAO appeal in progress) It is 3+1+2=6, still they denied for EB2.
.....
You have not still answered my question for official source or link for your claim. I don't care how third party evaluator evaluates. I have seen so many varying evaluations done.
By theoritical no problem, if you have credits equal to US bachelors and masters degrees.....
Also, your calculation 3+1+2=6 is incorrect. Since this is BSc+BEd+MSc. For MSc, BEd is not needed and therefore you can't add time spent for BEd. Just like two BSc degrees do not make it equivalent to MSc.
If this one year program is not BEd, but "post graduate" diploma, still it is not going to work, since that "diploma" is not required for MSc.
_________________
Not a legal advice.
I have one copy of the denial of my friend in hand. (AAO appeal in progress) It is 3+1+2=6, still they denied for EB2.
.....
You have not still answered my question for official source or link for your claim. I don't care how third party evaluator evaluates. I have seen so many varying evaluations done.
By theoritical no problem, if you have credits equal to US bachelors and masters degrees.....
Also, your calculation 3+1+2=6 is incorrect. Since this is BSc+BEd+MSc. For MSc, BEd is not needed and therefore you can't add time spent for BEd. Just like two BSc degrees do not make it equivalent to MSc.
If this one year program is not BEd, but "post graduate" diploma, still it is not going to work, since that "diploma" is not required for MSc.
_________________
Not a legal advice.
rajuram
04-26 10:16 PM
does anyone know when CIR will be discussed in the house and in the Senate?
more...
pointlesswait
05-01 09:28 AM
if u change ur job using H1 transfer..so does it mean ...he has to restart his GC all over again?? ok i am little confused here..
> if he choses to use EAD..his wife will be oout of status..so its bad
> if he chooses to transfer using H1..what happens to his EAD???
I believe AC21 is for shifting employers on EAD after 180 days of I-485.
> if he choses to use EAD..his wife will be oout of status..so its bad
> if he chooses to transfer using H1..what happens to his EAD???
I believe AC21 is for shifting employers on EAD after 180 days of I-485.
greencardfever
08-15 01:17 AM
Hi,
I'm considering relocating back to India after getting my EAD since I don't know how long it's going to take to actually get the I-485 approved. My questions are:
1) Is it possible to continue to keep my I-485 application active if I relocate to India and work at the India office of the same company that filed my green card?
2) Is it possible to continue to keep my I-485 application active if I relocate to India and work for a company other than the one that filed my green card?
3) Lets say I move back to India after getting the green card, is it enough to simply enter the US once a year to keep my green card active? Can I apply for citizenship after 5 years of having the green card, even though I haven't resided in the US for those 5 years?
I'd really appreciate it if someone could please answer these questions for me.
Thanks.
I'm considering relocating back to India after getting my EAD since I don't know how long it's going to take to actually get the I-485 approved. My questions are:
1) Is it possible to continue to keep my I-485 application active if I relocate to India and work at the India office of the same company that filed my green card?
2) Is it possible to continue to keep my I-485 application active if I relocate to India and work for a company other than the one that filed my green card?
3) Lets say I move back to India after getting the green card, is it enough to simply enter the US once a year to keep my green card active? Can I apply for citizenship after 5 years of having the green card, even though I haven't resided in the US for those 5 years?
I'd really appreciate it if someone could please answer these questions for me.
Thanks.
more...
gmb
01-14 09:45 PM
Asfar as I know the I94 date is always linked to a visa and not the Notice of Action. when i faced the same issue this what I was told.
invincibleasian is totally WRONG in saying this. Officer at POE does not always determine the expiry date of I-94 based on visa stamp expiry. In case of H1 or H4, the expiry date is determined by the expiry of the concerned H1B petition (Notice of Action) from the current employer. I don't know what kind of issue invincibleasian faced.
Lemme share my own experience to prove my point. I entered the US in Sep 2006 with my visa stamp from my previous employer expiring in 15 days. The Notice of Action from my current employer however had an expiry date of Apr 2007. Officer issued the I-94 with Apr 2007 as the expiry date. No questions were asked. I guess that answers all of your questions.
Shruti is right for the most part. However, I would re-phrase this sentence
>>If the Officer gives June 2007 date, your wife should show the latest I-797 and get the date corrected.
to say this
Present the latest I-797 along with your visa stamp first so officer puts he correct expiry date on I-94, leaving no room for any mistake. With my experience, I can vouch that POE officers seem to be quite aware of this procedure.
invincibleasian is totally WRONG in saying this. Officer at POE does not always determine the expiry date of I-94 based on visa stamp expiry. In case of H1 or H4, the expiry date is determined by the expiry of the concerned H1B petition (Notice of Action) from the current employer. I don't know what kind of issue invincibleasian faced.
Lemme share my own experience to prove my point. I entered the US in Sep 2006 with my visa stamp from my previous employer expiring in 15 days. The Notice of Action from my current employer however had an expiry date of Apr 2007. Officer issued the I-94 with Apr 2007 as the expiry date. No questions were asked. I guess that answers all of your questions.
Shruti is right for the most part. However, I would re-phrase this sentence
>>If the Officer gives June 2007 date, your wife should show the latest I-797 and get the date corrected.
to say this
Present the latest I-797 along with your visa stamp first so officer puts he correct expiry date on I-94, leaving no room for any mistake. With my experience, I can vouch that POE officers seem to be quite aware of this procedure.
Lasantha
04-01 08:22 PM
I don't see any advantage in doing that but then I am not an expert or an attorney either.
Thanks,
Ok, let me put it this way.
Is the any advantage (or not), filing 140 1st, and lets say your PD is already current, file AOS later. I.E. file them Separately, not in the same packet.
So in this scenario, is the any difference vs. filing concurrently or not?
Thanks,
Ok, let me put it this way.
Is the any advantage (or not), filing 140 1st, and lets say your PD is already current, file AOS later. I.E. file them Separately, not in the same packet.
So in this scenario, is the any difference vs. filing concurrently or not?
more...
sobers
02-24 12:36 PM
ragz4u, ...you pipped me to the post..hehe..:)
Thanks, this is very informative!
Thanks, this is very informative!
Canadian_Dream
07-25 01:51 PM
Keep both applications going. Yes you would need a physical copy of labor to file the second one. You can later withdraw the first one when your second I-140 with a better priority date is approved. You can also interfile the I485 when your second I-140 is approved (based on your own labor). The only caveat is your priority date must be current when you interfile. Check Pearson Memo on Interfiling.
Do the following:
If you receive physical copy before AUG 17:
1. File I-140/I-485 with your OWN labor before AUG-17.
2. Do not apply for EAD and AP on the second one.
3. Withdraw the first I-485 application when your I-140 on the second one is approved. (This will give you better priority date and no hassle of two applications)
4. You can continue using EAD/AP filed with the first applications.
If you don't receive the physical copy before AUG-17
1. File I-140 whenever you receive the physical copy.
2. In the mean while your current I-140/I485 application based on substituted
labor will be processed as usual.
3. You can receive EAD/AP (Try not to use it though !!)
4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.
Good Luck.
My company ( biggie US firm) filed 140 and 485 on a substituted LC on July 2.
Now my own LC which was pending in BEC (and which has better PD) is approved. Can I file 140 on this? Since substitution is risky, I want to use this 140 for my 485 (over the substituted one) ? How do I do that?
Do I need physical copy of my approved LC to file 140?
Replies will be greatly appreciated
Do the following:
If you receive physical copy before AUG 17:
1. File I-140/I-485 with your OWN labor before AUG-17.
2. Do not apply for EAD and AP on the second one.
3. Withdraw the first I-485 application when your I-140 on the second one is approved. (This will give you better priority date and no hassle of two applications)
4. You can continue using EAD/AP filed with the first applications.
If you don't receive the physical copy before AUG-17
1. File I-140 whenever you receive the physical copy.
2. In the mean while your current I-140/I485 application based on substituted
labor will be processed as usual.
3. You can receive EAD/AP (Try not to use it though !!)
4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.
Good Luck.
My company ( biggie US firm) filed 140 and 485 on a substituted LC on July 2.
Now my own LC which was pending in BEC (and which has better PD) is approved. Can I file 140 on this? Since substitution is risky, I want to use this 140 for my 485 (over the substituted one) ? How do I do that?
Do I need physical copy of my approved LC to file 140?
Replies will be greatly appreciated
more...
eb3_nepa
02-24 04:41 PM
Everyone, any idea where Sunil Joshi is these days? Havent seen a post from him in a while. Is his handle different?
stemcell
04-05 10:07 AM
Used FHA loan.
Closed on Feb 26 with Coldwell Banker.
didnt have issues regards my H1B status.
Closed on Feb 26 with Coldwell Banker.
didnt have issues regards my H1B status.
brentrh
November 21st, 2005, 02:38 PM
I like 4
Nagireddi
08-20 10:49 PM
EB2
My priority date Dec 2005
I140 approved
I485 filed at NSC-August 2007
Still waiting.................
Some moron is questioning my priority date and gave me a red dot.:confused:
My priority date Dec 2005
I140 approved
I485 filed at NSC-August 2007
Still waiting.................
Some moron is questioning my priority date and gave me a red dot.:confused:
Seek_Gc
09-09 07:47 PM
if we are already using EAD from EB3 - 485 , are we still allowed to apply for another labor with EB2 ? and port the dates from EB3 while applying for EB2 - 140
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