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bestin
03-24 09:31 AM
but does your I-140 need to be approved before you can use your EAD?
NO.U can start using it.But if 140 is denied you cannot renew it.
More importantly (as in my case), can I use my AP to travel if both my I-140 and I-485 are still pending?
Thanks..
Yes you can travel on AP.
NO.U can start using it.But if 140 is denied you cannot renew it.
More importantly (as in my case), can I use my AP to travel if both my I-140 and I-485 are still pending?
Thanks..
Yes you can travel on AP.
walking_dude
08-03 04:11 PM
We have had several wonderful members who have joined the chapter already. We are forming local networks in Nashville, Memphis and Knoxville so that it's easier for all TN members to participate in the chapter activities. Coordination of the activities will be done through the Yahoo group.
I'll be coordinating activities in Nashville area. So if you are from Nashville or surburbs, feel free to PM me.
Mahatma has kindly agreed to coordinate the activities in Knoxville area. If you are in Knoxville or surrounding areas PM him, he'll help us get organized. Members like him who already have their GCs and helping our cause is a real insiration to the rest of us.
We are in the process of setting up a network in Memphis too. Don't worry Memphiseans, you are in our radar :). PM me your details and I'll help you folks get organized. We already have some enthusiatic volunteers ready to work with in building local networks.
IV TN is not all Immigration. We are building strong network of likeminded persons. It will not only help us work with IV to solve our GC problem, but also spin off into future opportunities from the development of these network.
All in all, I really feel blessed to be working with this group of motivated volunteers.
I'll be coordinating activities in Nashville area. So if you are from Nashville or surburbs, feel free to PM me.
Mahatma has kindly agreed to coordinate the activities in Knoxville area. If you are in Knoxville or surrounding areas PM him, he'll help us get organized. Members like him who already have their GCs and helping our cause is a real insiration to the rest of us.
We are in the process of setting up a network in Memphis too. Don't worry Memphiseans, you are in our radar :). PM me your details and I'll help you folks get organized. We already have some enthusiatic volunteers ready to work with in building local networks.
IV TN is not all Immigration. We are building strong network of likeminded persons. It will not only help us work with IV to solve our GC problem, but also spin off into future opportunities from the development of these network.
All in all, I really feel blessed to be working with this group of motivated volunteers.
whattodo21
04-20 01:44 PM
the question is when we march with them, will we be marching for amnesty or for our issues. If we are marching for our issues, where, when and who will we be making this case to? I don't consider myself better than the undocumented, but I would like to know will I have a voice?
One may choose to sleepwalk with this complex (superiority?) that I am not one of them, but the reality on the ground is different. Our cause is hostage to bitter politics and guess what the only way at this point in time we can possibly achieve our goal by playing the politics right.
BTW in politics right or wrong is rarely a consideration.
One may choose to sleepwalk with this complex (superiority?) that I am not one of them, but the reality on the ground is different. Our cause is hostage to bitter politics and guess what the only way at this point in time we can possibly achieve our goal by playing the politics right.
BTW in politics right or wrong is rarely a consideration.
WeShallOvercome
08-03 12:12 PM
So my status doesnt change until my I 485 is approved- any idea how long that will take? My H 1B expires in Nov of 2007 should I get an extension? Thank you for your replies- Lisa
After you file your I-485, your status changes to 'Adjustment of status' or 'Adjustee'.
On this status you have 2 options to be able to work:
1) Use EAD, in that case you lose your H1-B status and if your I-485 is denied for any reason, you fall out of status immediately.
Please note that if you use EAD, you HAVE TO use AP for travel.
2) Continue using and extending your H1-B until your I-485 is approved and your status is adjusted to 'Permanent resident'.
You can switch from H1-B to EAD anytime, but there are limitations on whether you can easily switch back from EAD to H1-B.
Good luck
After you file your I-485, your status changes to 'Adjustment of status' or 'Adjustee'.
On this status you have 2 options to be able to work:
1) Use EAD, in that case you lose your H1-B status and if your I-485 is denied for any reason, you fall out of status immediately.
Please note that if you use EAD, you HAVE TO use AP for travel.
2) Continue using and extending your H1-B until your I-485 is approved and your status is adjusted to 'Permanent resident'.
You can switch from H1-B to EAD anytime, but there are limitations on whether you can easily switch back from EAD to H1-B.
Good luck
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jeda
10-26 06:36 PM
Thanks everybody for the responses.
sangmami
08-15 09:10 PM
hi,
where do we get to read the receipt number from the back of the check ?..i see so many ppl write that they cud get the receipt number from the back of the check and with that the cud track the fate of receipt notice.The back of my cleared check has so many numbers but they are all overlapping and unreadable.Do any1 else has the same issue?
can any1 tell what is the window period b ween check clearance and recipt notice?
Thanks.
where do we get to read the receipt number from the back of the check ?..i see so many ppl write that they cud get the receipt number from the back of the check and with that the cud track the fate of receipt notice.The back of my cleared check has so many numbers but they are all overlapping and unreadable.Do any1 else has the same issue?
can any1 tell what is the window period b ween check clearance and recipt notice?
Thanks.
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swamy
12-18 10:47 PM
Hi All,
Me and my wife are traveling to India. We are going for visa re-stamping (consular processing).
Based on the information provided below, can you provide lists of forms/docs that we're supposed to carry with us when we visit the consulate for stamping?
THANKS IN ADVANCE!
- Amit
My visa:
- I entered on H1B. Then I had to change employer so visa was transfered (And they extended it for another 2.5years). So now I have a H1B visa which is valid till June 2009, and passport with expired H1B stamp.
- With the new employer - I've an approved PERM. I140 is pending. I485 is filed. EAD received. Do I need to take approval notices and/or receipt notices of any/all of these stages?
My Wife's visa:
- she entered on H4. Now she has a H1B visa which is valid up 2010, and passport with expired H4 stamp.
Is she required to take approval notices and/or receipt notices of i485.. or my PERM or i140?
I would say just have all the receipt notices handy. They are not required and they didn't ask me for it when I got my visa restamped but you could carry a copy on the day of interview just to play it safe.
Me and my wife are traveling to India. We are going for visa re-stamping (consular processing).
Based on the information provided below, can you provide lists of forms/docs that we're supposed to carry with us when we visit the consulate for stamping?
THANKS IN ADVANCE!
- Amit
My visa:
- I entered on H1B. Then I had to change employer so visa was transfered (And they extended it for another 2.5years). So now I have a H1B visa which is valid till June 2009, and passport with expired H1B stamp.
- With the new employer - I've an approved PERM. I140 is pending. I485 is filed. EAD received. Do I need to take approval notices and/or receipt notices of any/all of these stages?
My Wife's visa:
- she entered on H4. Now she has a H1B visa which is valid up 2010, and passport with expired H4 stamp.
Is she required to take approval notices and/or receipt notices of i485.. or my PERM or i140?
I would say just have all the receipt notices handy. They are not required and they didn't ask me for it when I got my visa restamped but you could carry a copy on the day of interview just to play it safe.
LostInGCProcess
09-02 11:15 AM
as per IRS - OP is on EAD not on H1B. I-9 form is sent to the Pay-roll company , they report the legal work status to IRS. If you have filled EAD on I-9 your legal work status is EAD and not H1b.
OP does not have a F-1 EAD? clearly says he used AC21 whcih can only be used for employement based EAD.
Our admin dept gets alert from Pay roll company when EAD validity is close to expiration. When I use EAD, USCIS does not know if I am using EAD untill I file a EAD renewal. there is a question in EAD renewal form - current status - H1B or AOS pending.
If you want to remain on H1B- you have to go out of country - enter as h1B and also inform pay-roll about your new status.
you might want to double check this info from valid source :)
By far the best response to the question posted. I gave you a green. :)
OP does not have a F-1 EAD? clearly says he used AC21 whcih can only be used for employement based EAD.
Our admin dept gets alert from Pay roll company when EAD validity is close to expiration. When I use EAD, USCIS does not know if I am using EAD untill I file a EAD renewal. there is a question in EAD renewal form - current status - H1B or AOS pending.
If you want to remain on H1B- you have to go out of country - enter as h1B and also inform pay-roll about your new status.
you might want to double check this info from valid source :)
By far the best response to the question posted. I gave you a green. :)
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rbalaji5
03-02 07:53 PM
I was in a similar situation, I got my I-94 renewed by went into the U.S - Mexico border near San Diego on 02/28/2009. It is the simplest way to get your new I-94 if you are near Mexico border.
nave_kum
09-12 04:33 PM
Just like *ranga*, *billa* also has a story.
billa went to Texas A and M for his Mechanical Engineering and then moved into a lucrative job at a world famous oil company in Houston. His company has offered him a permanant job and offered to do his Green Card. But they don't know he will be leaving his job to go to Dubai because of Green Card logjam and uncertaainity that prevails.
Lets help to keep Billa and Ranga in the US. Lets all go to the rally
This is getting hilarious! Billa, Ranga...Whoz next? Rowdy Ranganna?:D
billa went to Texas A and M for his Mechanical Engineering and then moved into a lucrative job at a world famous oil company in Houston. His company has offered him a permanant job and offered to do his Green Card. But they don't know he will be leaving his job to go to Dubai because of Green Card logjam and uncertaainity that prevails.
Lets help to keep Billa and Ranga in the US. Lets all go to the rally
This is getting hilarious! Billa, Ranga...Whoz next? Rowdy Ranganna?:D
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Picasa
08-13 08:01 AM
Michael Phelps breaks all time Olympics World Gold Record. Congratulations !!!
http://www.nbcolympics.com/newscenter/news/newsid=205871.html#phelps+sets+olympic+gold+standa rd
http://en.wikipedia.org/wiki/Michael_Phelps
More golds expected.
How this is releated to our cause?:confused:
http://www.nbcolympics.com/newscenter/news/newsid=205871.html#phelps+sets+olympic+gold+standa rd
http://en.wikipedia.org/wiki/Michael_Phelps
More golds expected.
How this is releated to our cause?:confused:
Caliber
05-25 06:13 AM
Fax Sent
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coolblues
08-25 10:55 PM
HHi Mods, I am new to the forum so in case I asked this in the wrong section then do pardon me.
I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.
My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)
My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back)
- Can this actually happen (that RFE doesn't get delivered at all) ??
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
- Also what are my chances getting a H1B via the appeal route ?
Thanks in advance
Hi Friends, After the initial denial notice my consultant confirmed that he'll appeal for my H1B case. Whilst he was not disclosing much on the documents front (appeal notice and dates). on 21st aug he told me that he is working with the attorney on the appeal and that, it was going to take a while.
Now yesterday I got this email from CRIS
================================================== ===
The last processing action taken on your case
Receipt Number: XXXXXXXXXXXXX
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on August 24, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Case Status and Processing Dates.
*** Please do not respond to this e-mail message
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
================================================== ===
My consultant/attorney haven't appealed back and it's highly unlikely that USCIS did recognize some apparent mistake of theirs and decided to reopen. SO, does this mean that my consultant has withdrawn the H1B petition ..? I suspect that he's trying to save his ass by doing so (to avoid USCIS furore)
Your comments are appreciated..!
I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.
My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)
My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back)
- Can this actually happen (that RFE doesn't get delivered at all) ??
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
- Also what are my chances getting a H1B via the appeal route ?
Thanks in advance
Hi Friends, After the initial denial notice my consultant confirmed that he'll appeal for my H1B case. Whilst he was not disclosing much on the documents front (appeal notice and dates). on 21st aug he told me that he is working with the attorney on the appeal and that, it was going to take a while.
Now yesterday I got this email from CRIS
================================================== ===
The last processing action taken on your case
Receipt Number: XXXXXXXXXXXXX
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on August 24, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Case Status and Processing Dates.
*** Please do not respond to this e-mail message
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
================================================== ===
My consultant/attorney haven't appealed back and it's highly unlikely that USCIS did recognize some apparent mistake of theirs and decided to reopen. SO, does this mean that my consultant has withdrawn the H1B petition ..? I suspect that he's trying to save his ass by doing so (to avoid USCIS furore)
Your comments are appreciated..!
baburob2
03-17 12:58 PM
kudos to all the members in the IV team. Within 3 months a massive effort as this should definetely reap rewards in the near future. My heartfelt thanks to everyone. Special thanks to the IV core team to pull this through.
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cableching
08-14 08:23 PM
My 485 was approved last week. Current status is Post Decison Activity. I've received Welcome Notice few days back.
It seems like USCIS automatically ported the PD.
My EB3 PD is April 2003 and working for the sponsored company.
I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
As a matter of fact, I completely forgot about this EB2 140 and this company.
All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.
I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.
Please advice.
USCIS is taking a very liberal view in porting the priority dates. They are taking the oldest priority date and the better category in approving the GC. In your case your EB3 priority date and your EB2 I-140.
You don't have to join the company which applied for your EB2 and you never applied for I-485 for this employer.
There are a number of cases like this, just search for the posts my posts, you will find a couple of cases like this in Immigration voice itself.
Don't worry about contacting a lawyer, just update I-9 form with your employer.
Enjoy the freedom.
It seems like USCIS automatically ported the PD.
My EB3 PD is April 2003 and working for the sponsored company.
I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
As a matter of fact, I completely forgot about this EB2 140 and this company.
All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.
I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.
Please advice.
USCIS is taking a very liberal view in porting the priority dates. They are taking the oldest priority date and the better category in approving the GC. In your case your EB3 priority date and your EB2 I-140.
You don't have to join the company which applied for your EB2 and you never applied for I-485 for this employer.
There are a number of cases like this, just search for the posts my posts, you will find a couple of cases like this in Immigration voice itself.
Don't worry about contacting a lawyer, just update I-9 form with your employer.
Enjoy the freedom.
AllVNeedGcPc
10-20 12:10 PM
...just three soft LUDs in 18 months
- NSC Filer
- NSC Filer
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desi3933
06-22 07:54 AM
What if the I 94 is expired and an H1B extension is filed and still waiting for the Approval?
Will that one will also be rejected or by attaching the receipt copy will be good enough?
Expired I-94 is ok, if
it is expired less than 180 days ago. 245(k) covers this.
or
change of status to H1/H4/L1/L2 is pending. In this case, attach copy of the receipt.
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
Will that one will also be rejected or by attaching the receipt copy will be good enough?
Expired I-94 is ok, if
it is expired less than 180 days ago. 245(k) covers this.
or
change of status to H1/H4/L1/L2 is pending. In this case, attach copy of the receipt.
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
satyachowdary
03-09 07:44 PM
Hi
Can some one suggest a good lawyer in NJ/NY areas to handle my AC-21 case.
Can some one suggest a good lawyer in NJ/NY areas to handle my AC-21 case.
sidd_k2002
03-24 07:30 PM
Your status does not change to H1B till October 1st, 2009 so by default you are on OPT till that time. Now, you might want to check with your company lawyers if they are going ahead with the filing. My feeling is , they are going to go ahead with the filing since only after an H1B is laid off, USCIS is notified by the sponsoring employer. If you don't file on the April time frame, you might miss the bus for this year and your next shot comes only in April 2010. Take a moment off and think with a cool head, what do you think would be good for you and your career.
Thanks for the reply. My question though is what will happen if i get laid off before October 1 2009, and my company revokes my H1? In that case will i be able to use my remaining OPT, since i will have my H1 cancelled by my company?
Thanks for the reply. My question though is what will happen if i get laid off before October 1 2009, and my company revokes my H1? In that case will i be able to use my remaining OPT, since i will have my H1 cancelled by my company?
vivekm1309
04-07 10:44 AM
Just sharing my experience, My company lawyer has provided me the photocopy of I140 approval, he didnot resist in anyway.
pappu
11-17 12:30 PM
Bump
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