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number30

04-21 11:49 AM

I am married to GC holder who is becoming USC on April 30. so i am sending my AOS application on May 1. Dont you think i am still in status since my H1b extension petition is pending????

h1bdudue1

Yes you are in Status assuming that your H1 will be approved.

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I_need_GC

07-24 10:28 AM

She can use her AP to enter back but if she has the time and can get h1b stamped she is strongly recommended to do so. Reason behind it is if she has any over stay (out of status) in the past it won't be a problem when 485 is being processed.

In simple terms if you can get visa stamped recommended if not AP is fine. regardless she will be on adjustment of status and also H1B status (have approval notice) at the same time.

Hi-

My spouse recently started working on F1 OPT. She also got her H1 approved (port of entry was requested and not change of status). H1 was through lottery to start from oct upon stamping. Suddenly our PD moved forward and we will file 485 next month.

We are going to India in dec. By that time we should get our AP. My question is does my wife need to go for H1 stamp or can she enter using her AP and keep H1 status. Both of us have different employers. Her 485 will be filed as my dependant.

Secondly - I will also get a new EAD. Can I work second part time job using that ead while maintaining my permanent job using H1?

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amit1234

02-13 08:46 PM

My PD is Jan04 in eb3 catogory and I am from India. Currently I am working under EAD . My wife recently got job offer and her company is ready to file her labor under EB2 category. My question is thats ? will that be a problem when she files for 485 based on her labor since she already filed 485 based on my labor . Any suggestion is appriciated .

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swamy

12-12 08:25 PM

Just my thought for what its worth.

GG_007

please stop thinking then

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vnsriv

10-03 03:42 PM

lets do this. been a while.

let the brickbats rain from those who want me to go to vatica and eat thali :D

What's need of creating such kind of thread . It is just wastage of time.:mad:

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meragreencard

10-20 10:53 PM

Hi All...

My attorney filed my EAD (mailed) on August 28 this year and last Friday I saw the approval too on USCIS site. Today I decided to help one of my friends with his EAD so I decided to pull the attorney filed copy of my I-765, I noticed that attorney had mentioned "AOS" in Q:15 instead of H1B. I am on H1B and I have never used my EAD... so I am worried now and I don't know what are my options now... Would you please take few minutes of your precious time and help me with the options I may have now to correct this issue?

Thanks

AJ

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crystal

08-14 01:51 PM

Keep Visiting IV

It is better to maintain ur F1-status (meaning all that needed to be on F1) atleast till you get receipt number.
(So that there is no need to worry incase ur application gets rejected and you dont get receipr number).

If you are on F1 while applying i-485, There is no clearly defined rules on when your F1 status goes out after aplying I-485.
If you are currently on valid F1 status then you can keep that status if you want to, provided if you obey all F1 rules
In general, If you use I-485 EAD and AP you are almost out of F1-status

http://www.nafsa.org/_/Document/_/nsc-nafsa_open_house.pdf

from above link:

16. What is the guidance regarding adjustment of status and SEVIS maintenance? Until what point must a person maintain F-1 or J-1 status?

A period of authorized stay begins at the time the applicant properly files his/hersection 245 I-485 with CIS. The applicant’s nonimmigrant F-1 or J-1 status should bemaintained at least until their I-485 is properly filed to avoid triggering unlawful presence issues.

more dicussed here

http://immigrationvoice.org/forum/showthread.php?t=12093

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psam

09-13 07:30 PM

Sorry for posting on this thread. But I do not know how to open a new thread. How does one do that?

I am trying to get an appointment with US consulate in Vancouver with no luck for past 2 weeks. Checking multiple times a day doesnt help. Is there any particular time, I should look out for?

Thanks for your response.

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sidd

07-08 01:54 AM

Hi,

Is there any fee applicable (or no fee) for RENEWAL of AP document, if I-485 has been filed with new fee structure ($ 1010) ?

Thanks.

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fromnaija

10-27 03:03 PM

Visa recapture requires legislation. Unfortunately (or should I say fortunately?)USCIS is not in tthat business.

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kaushik58

09-09 11:21 PM

Hi Gurus,

Can Any Body Update Us With Any Latest On This Subjected Issue ?

Recently In I-140 Anybody Got Aproval With 3 Years Degree From Nsc ? I Am Talking About Eb-3 Cases.

I Understood That Something Was Going On But Could Not Get Any News So Far !

Can Anybody Give Lights If There Is Something Positive ?

I Hope Immigration Voice Will Also Take Up This Issue During Rally.

Thanks,

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maverick6993

08-26 10:13 AM

World's Most Successful Immigrants: Immigrant Bosses Around the World - BusinessWeek (http://images.businessweek.com/ss/09/08/0821_most_successful_immigrants/1.htm)

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tomguide

10-05 04:56 PM

Hi,

I need your help on this tricky (at least for me) situation. I am a Software Developer right now and want to chanfe my job to a PM (product manager), but within the same division, same employer. Apparently the job descirption of PM (like new product functional design...) will be different from the one of developer (like new product technical design, coding...).

Right now, my GC status is: PERMLC got approved Dec/2006. I-140 was filed on Feb/2007 and still pending. I-485/AP/EAD were filed on Aug/2007 and pending.

My questions are:
1) I know the AC 21 law, say after Feb 2008(180 days after my 485 filing) and if the 140 gets approved by then too, I can do ANY job change within teh same employer or even switch to another employer, is this true? Or, I still have to stick to the similar job type(SW developer in my case), no matter within a same employer or different one?

2) Before I can use AC21, say from now to Feb2008, I know I can not switch to another employer. But can I change my job to PM with the same employer. Will this affect my 485/GC case? If so, is there any solution or workaround so that I can change my job "smartly" without affecting 485?

Thanks a lot for your help!

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fester8542

04-08 02:47 PM

Haha love it, fester! :thumb:

How about a new footer as well? :hugegrin:

:lol:
Whats wrong with old faithful...

Beat or something?

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roseball

09-18 11:15 AM

http://biz.yahoo.com/bizwk/070918/sep2007db20070917552357.html?.v=1

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martinvisalaw

11-30 12:54 PM

Thank you for replying. One more follow up question: Is acting without pay considered work and hence a violation ? Thanks in advance.

Yes, acting without pay is working. You might not receive a benefit in financial terms, but you are getting other benefits - experience, publicity, etc.

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jcrajput

05-11 09:16 AM

My I-485 is pending and priority date is OCT 2006. We have EAD which expires in DEC 2010. I also have H1B visa which expires on JUN 2010 (After 3 years of extension after I-140 approval.) My question is:

1. Is it worth having H1B visa extended just in-case? Will extending H1B visa cause any problems with pending I-485?

I appriciate yr help.

Thanks
Jig.

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485Mbe4001

07-20 12:58 PM

thats his opinion. slavery also existed long back, some said get used to it while some forced a change, we choose the path we want to walk on.

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Ryall

10-01 01:34 AM

your second one is much better.... a bit of advice on the first one: get that yellow thing out of there!!! You first one, is a bit unorganized, and well not really too interesting, no effects that grab your eyes. The second one, while very simplistic too at least has a much more pleasing layout. Keep at it - you're already improving.

Peace

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austingc

08-02 07:57 AM

hi,

i entered the US on AP in Jan 2010, and at the time of entry, my I94 validity was set for
1 year (viz Jan 2011) - and the AP also noted "AoS" status on it.

(a) Is the validity of my I94 (and thus my legal stay) 1 year, or as i have read elsewhere,
if AoS is pending, then its valid till the AoS case is decided?

(b) If the validity is 1 year, what is the process for extending the I94 validity?

thanks for your time,
-andy
a. Yes, you are on valid AOS status.
b. No need to extend your I-94 as long as your AOS is pending.

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CRAZYMONK

10-30 11:11 AM

Check whether Hialeah Florida is your employer Jurisdiction.

If so it might have transferred for background verification.

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memyselfandus

05-27 11:57 PM

Like EB category, country of birth etc.

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tempgc

02-02 03:35 PM

Hi
Here is my situation and looking for any previous experience and suggestion from experts.

I have my EAD valid for 2 years PD 05 EB2. I got a job from another company but vendor says I need to be in his payroll. Job wise everything is good. I want to join him on EAD.
Here are my concerns

1. Should file for AC21 or just keep quite till CIS sends a letter ?
2. If I ensure my new job and old job responsibilities are same, am I safe ?

Do you see any problems or advise me for anything.

Thanks
tempgc

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achu

09-26 02:10 PM

hi gurus,

i have I-485 Pending with EAD and AP. what is the maximum period that i can stay out of USA?

is it possible that i can stay 11 months out side the USA and come back to re apply AP and go back again for 11 months?

thanks
achu.

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prom2

07-26 08:28 PM

According to , just 1 receipt on Jul 26, no receipts on 25 and just 2 on 24...

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desixp

05-21 11:03 AM

Hi,

I think that status means you are greened.

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GCVictim

06-24 11:34 AM

Hi friends,

Sorry I starting new thread. I don't find any related this. If you have link please send me.

My questions are?

1. What are supporting documents for EAD?
Ans:

2. What are supporting documents for AP?
Ans:

3. Do I need to send separate mail for EAD and AP? both in one?
Ans:

4. What NSC Fed-Ex address for E-filers (EAD and AP)? I got in receipt is
U.S. Mail:
USCIS Nebraska Service Center
Attn: E-Filed I-765
P.O. Box 87373
Lincoln, NE 68501-7373

Ans:

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eilsoe

10-21 02:23 AM

Hey vts, the box looks ok, but what's going on with that white smokey thing?

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aranya

06-01 04:10 PM

It is very possible that my question might have already been answered in the past but after searching through many forums, I could not find a direct answer.

Here�s my situation:
Category: EB2
PERM approved.
I 140 approved.
PD � Dec 2007.
H1-B status: 6 yrs expiring Sep 10. Filed for 3 yr extension.

I have an excellent chance of a promotion to a managerial level position. I am seriously considering abandoning my current GC process, accept the managerial position and reapplying for a new H1-B and GC.

Questions:
1. Will I need a new H1-B? If so, for how many years will I get it?
2. When I apply for a new PERM, will PD of Dec 2007 still be valid?

Thanks.

1. You will need a new H1-B with a new LCA appropriate duties and responsibilities, wages etc.

2. Yes. You can retain the old PD with the I-140. Take care to note that that you are not applying for the PERM but your company will be and your company may or may not find qualified citizens/permanent residents. You do not and should not control the recruitment process.

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It#39;s a fish tank that is built

ck_b2001

07-02 02:04 PM

Guys,

Making all EB visas current was not the right decision in the first place. That will just shift the backlog from one side to another. The only good thing was interim EAD and AP. When the visa bulletin will come out in mid Sep for FY2008 it will not be too bad provided they have already adjucated 60,000 cases in Jun and would be willing to accept more cases. The dates had already moved quite ahead in Jun 07. In Oct it may turnout to be "C" for some categories and show significant movement for others.
I hope we can still use our current medicals provided it is no later than on yr. we may have to sign the documents again with new sign date.

I am devastated myself but thats all we can do at this point. i really dont think lawsuit will do any good. uscis knows what they were doing. Though all this may help in creating a momentum for CIR, Skill Bill once again.

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krithi

05-26 04:22 PM

Same TSC...

I applied on May 5th no FP notice yet, do you think I should call USCIS.

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rajuseattle

09-07 08:26 PM

this is old information, this is the same old page they had prior to suspension of I-140 PP service.

thanks.

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fromnaija

04-14 05:20 PM

If she entered without inspection she will have to process her green card in her home country unless you can get a waiver. But if she came here legally and her I-94 expired you may be in luck. You will have to file I-130, and I-485 for her. You will also have to submit I-130 for her son who will apply for an immigrant visa in Nicaragua. You may want to talk to an immigration attorney who will be in a better position to direct you on this.

Also this forum is mainly targeted at employment-based immigration and you may not get answers here for a family-based immigration issue.

Good luck.

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factoryman

02-13 08:13 PM

We need a handle to kick start a similar plead. In the last one year and quarter here at this forum, I had never seen one that CIS has done injustice to us by mis-interpreting a rule or law or act. If somebody knows otherwise, please state and cite facts. The class action suit ("Schneider vs. Chertoff") was filed by Shusterman on behalf of a group of international doctors in response to CIS regulations implementing the Nursing Relief for Disadvantaged Areas Act of 1999. Section five of the Act provides that "any alien physician" can qualify for a green card through a "National Interest Waiver," provided they practice in a federally designated health professional shortage area. The National Interest Waiver program is intended to accelerate the hiring of international doctors willing to serve in such areas.

In its regulations implementing the Act, the CIS stated that only primary care physicians, not medical specialists such as surgeons or radiologists, could qualify for green cards through a National Interest Waiver. The agency's regulations therefore eliminated the right thousands of international specialist physicians had to petition for green cards through the National Interest Waiver program.

Thanks.

Can Carl Shusterman help us get USCIS release the numbers allocated and how they were allocated?

He below argued how USCIS interpreted the law and won

http://www.earthtimes.org/articles/show/news_press_release,60087.shtml

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dealsnet

05-02 04:50 PM

You must get paid by your H1B employer. Middle or another middle is not valid on the face of the law. You cannot ask any one other than your employer for pay also. If you didn't get your salary, file a complaint agaist your employer with the labor department. Do not mention about any entity other than your employer. You have no right to interfare into company matters.

Recently my employer written a mail saying that he is closing the company and said to look for new employer.Previously i am working through a middle layer.When i found new employer he directly approached main vendor regarding contract.Now i am working without middle layer.Mean while middle layer hold my 45 days pay .The middle layer is not willing to pay.It is almost 8 months.I worked more than 20 months through middle layer.Can i get my money back?The middle man Threatening saying there is contract which you cannot go and it is breach.Can you please advise.

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bpadala

06-11 06:29 PM

Hello,

In first place this is not a place where you will have individuals answering questions related to Canadian Immigration. You can look at "http://www.canadavisa.com/canada-immigration-discussion-board" and get more info on the same.

To answer your questions, In first place this program comes up with few clauses. Your eligibility to apply for this program is contingent upon the fact that you hold a current H1B and are working on H1B for atleast one year. It is also important to prove your H1B status when you get your permanent residency with Canada. With the over flow of applications, they added another clause in the form of eligibility which will make only "IT Managers" eligible for this category. They were taking applications with all NOC codes but offlate around May 29, the eligibility is dependent on your IT Manager role.

Blog through the above site and you should be able to get more info. Check this one too

http://www.albertacanada.com/immigration/media/h1b_FAQ.pdf

Good Luck

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franklin

08-24 03:12 PM

Nothing to either panic or get excited about. Its been happening to MANY people.

Most likely its a system wide update

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raydon

10-18 11:07 PM

http://www.elegantbay.com/main/amazingwoman.htm

That was real good. That person is a living definition of attitude.

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jags_e

07-17 03:02 PM

Is there any legal issues?

Is it a good idea?

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nlalchandani

09-25 01:50 PM

Search for a thread on immigration.com by united nations.. he has a very detailed analysis presented..

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tammman

12-13 02:22 AM

If she has a valid L1 stamping in passport and she is still working for the employer she can enter without problems.
Thankyou, for your response.

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skakodker

02-14 05:04 PM

Hello All,

I have my EAD as does my wife. We are still on valid H1s (until 2009) and I have no plans to change my employer. We also received our travel documents. The question I have, and need your input on is can my wife travel (to India) and back on her H4 (even though we've filed for adjustment of status) or does she have to use her Advance Parole to do so?

I apologise if this question's been asked before and thank you in advance for your answers. Please email the same to me at skakodker@hotmail.com if you feel that is more convenient.

Best regards,

Sunil

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h_shaik

10-25 01:30 PM

Hi,

I have received the EAD card yesterday with No finger prints available. But we have done our Finger printing before the EAD is approved. Approx 4 weeks before.

Is this normal? Or i should contact USCIS about this?

I know some applicants getting their EAD cards before finger prints were taken for them No finger prints available makes sense.

Any responses are appreciated

Regards.

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lskreddy

01-28 11:17 PM

have u seen the legal immigration/ foriegn workers issue address by Bush today. althou he spoke just 1-2 sentences. stating that ' legal immigration system needs to be fixed, so that foriegn workers are in no harm

Bush did not mention a single word about legal immigration. He was referring to foreign (limit/read that as Mexican) workers and putting in place programs to stem the flow of additional undocumented ones. He spoke just over a minute and there was not a bit to be gleeful about for legal immigrants.

have really started

What??

These tough times for folks like me have been there for the past several years. Now, I am hoping the letters campaign does make an impact and get the much required good will.

As a side note, seems like the writers have sort of given up already on his last year of his presidency as the entire speech was rather mundane. In a troubled time for the entire country with the economy down, house market bust, recession looming, he chose to highlight the past and glorify to garner legacy.

Will it be a year of inaction? I hope not, lets us do our bit by supporting efforts of IV.

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zCool

02-11 09:13 AM

Why do this?
If he's already got 1 I140 with older date.. got thro' process once again.. Apply thro' PERM and get EB2 the right way and then get GC in 6 months!

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on the Diwali day,

naushit

08-07 01:40 PM

Can multiple people together file mandamus?

how about signing a petition and send it to Ombudusman?
In last conference call when some one asked about illogical order of processing
she asked him to file DHS 2007 with her office.

how about about 100+ people filing same DHS 2007? and tell her , illogical processing order is root of many many problems at USCIS.


just my 2 cents....

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psgprasad

03-05 10:49 AM

My 140 was denied based on the filing was Eb2 but job requirement only fits in eb3.

I filed my appeal with a new 140 on the same labor in Eb3, and in my Motion to Reopen specified to consider my old application in eb3 but if they will not to atleast consider my new application. This was an year back and I have filed premium, my new 140 was approved in 3 days, old one went AAO, but we withdrew the old one.

Talk to a good attorney, I consulted Aron Finkelstein in Murthy law firm. They were nominal and excellent customer support.

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ak_manu

08-12 09:16 PM

Hey Man,

Not sure if this is right web site...But I hope it is...Check it out...

http://www.usvisa-mexico.com/visa-web/index.jsp?locale=es_MX

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jai_verma

10-15 03:30 PM

Guys,

I am on H1B, got my EAD and registered a LLC.
Do I need to send I-9 when I switch working for my own registered LLC?

Thanks in advance!
-Jai

Current Contribution: $100

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mach1343

11-22 01:39 PM

Hi,

I got a contract offer at company A (Industry: Health) at a big city. Currently I am working for a State Government as a contractor. As per salary is concerned not much of a difference between the two contract positions. Me and and my wife are currently working but at different places. 2-3 months back we thought of moving to a big place so that the probability of the other person getting job would be more and we can stay together at the same place so I applied for Company A. They accepted my resume but because of the economy and budget constraints they hold the position and after sometime I forgot about it. I dropped the idea of moving and didn't apply for any jobs because of the current economy situations. Now last week after more than 2 months they reopened that position and interviewed me and I got the offer yesterday. Now I am in a dilemma whether to take this offer at Company A or stay where I am until the economy goes little better. My current job is stable. Added to that my wife's contract getting over in Jan 2009. I am cracking my head here thinking what's right thing to do.

Scenarios:
1. If I moved to Company A and my job is good and then after Jan my wife can look for a job at that place. (chances are more because of Big City). Everything is good.

2. If I moved to Company A and crisis is soo bad and I lost my job and from jan my wife contract is ending. After that it's just nightmare.

3. If I stay where I am and once the economy stabilizes atleast a bit and look for a job.

I really appreciate your suggestions. I know they are people in our forum who studied current economy so good and can give me a valuable advice. Thanks.

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apb

03-18 02:32 PM

AT JFK. Just showed AP and passport. Went through US citizen/resident line, again to separate counter and no questions. Very cool and very very friendly CBP officers.

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Anders �stberg

April 19th, 2005, 12:29 AM

I like the colors, the gradient from top to bottom is nice. The composition is also good. It's not super sharp, but maybe you had to crop a fair bit. The little white spot in the top right corner I would clone out, a nitpick but you asked. :)

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pappu

04-05 10:06 PM

Good job. Thanks. Pls check your PM.

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QuintonBermuda

04-26 10:26 PM

Sorry, If you read towards the bottom there is talk of eliminating the per country caps...

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crystal

06-21 08:39 PM

AR-11 form you send to different address . It is not part of I-485.

It is less likely that they compare your addresses with AR-11 address audit logs.

I think you should not worry too much about it.

Though you need to send AR-11 with in 10 days of your move to new address , I guess you can still send AR-11 form ,as AR-11 form does not ask from which date you moved to the new address. Check with your lawyer also
Please help.

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GCVivek

03-29 05:13 PM

There is no 6-year H1B visa. There is only 3-year H1B visa that can be renewed again for a total of 6-years stay on US soil. If you have spent 5 years on US soil and your tourist visa visits add ip to say 5 months, you still have 7 months on your H1B term. Even if you get a new visa it will be only for 7-months validity. Sometimes, USCIS makes a mistake and issues new 3-year visa but that is a gamble. Why not just stay off-US soild for a few months?

I left the US for good after spending around 5 years on H1-B sometime last year and have only made entries on tourist visa. Can I apply for a new 6 year H1-B quota since leaving the H1-B status last year or will I have to spend 1 year outside since the last tourist visa entry ?

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neeidd

03-04 01:04 PM

Hi,

I am wondering if I can sent both my and mywifes EAD applications in one envelope to USCIS or do I have to send them separately. I am not asking to save money on postal costs , as everyone knows we all spent 1000's of dollars in this GC process. I am only asking so that our(my and mywife) applications are processed together?

Thanks in advance for your input

Regards

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yestogc

06-05 05:10 PM

YES, I had a friend who came back from airport recently to pick his PP.

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number30

04-21 11:49 AM

I am married to GC holder who is becoming USC on April 30. so i am sending my AOS application on May 1. Dont you think i am still in status since my H1b extension petition is pending????

h1bdudue1

Yes you are in Status assuming that your H1 will be approved.

---

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veni001

08-09 01:44 PM

Attorney is correct, when the requirement is Bachelor+5yr means Bachelors should be 4yr degree, Remember there is a big difference between Bachelors degree vs Bachelor degree equivalent;)

Bs+5 or masters+1 years of experience

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reachinus

08-06 07:07 PM

This is just my opinion. If I were you, I will go to the Airport and see an Immigration Office and have it corrected.

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immigrationmatters30

07-27 08:05 PM

Thanks Ramba. But do you think it is going to trigger an audit since we already filed the application with "No".

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nonumonu

09-20 11:06 PM

Hi Vivasan

I have also been denied an H1b visa this year.. Though I had a strong IT background in a very sought after technology, I dont know what went wrong..

Did you re-appeal for it? How did it go? what is your status now.. i am eager to hear back from you as it would be help me know the process better..

Thanks in anticipation
Naiya:)

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