coopheal
02-11 06:46 AM
I'm in my sixth year and didn't even apply for labor. Let the company apply my labor thn I will be active in ur initiatives.
Please consider this an initiative for yourself. Your contribution to IV is not for helping me but its for helping yourself.
Best luck in getting labor filed.
Please consider this an initiative for yourself. Your contribution to IV is not for helping me but its for helping yourself.
Best luck in getting labor filed.
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neerajkandhari
06-07 03:47 PM
I have mailed the Rfe reply they received it on June 5
I have seen LUD today sunday June 7
I have seen LUD today sunday June 7
gondalguru
06-20 12:14 AM
I am in the same boat. I have outlined my case in a similar thread posed today.
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ramaonline
11-21 02:56 PM
Could you be a little specific?
Was your h1 approved or did you get RFE (Request for evidence). Did your attorney receive the approved petition? Are you currently in the US or outside US?
Was your h1 approved or did you get RFE (Request for evidence). Did your attorney receive the approved petition? Are you currently in the US or outside US?
more...
desi3933
03-02 10:17 AM
The answer is Yes & No. You are correct that CIS should only care of status from last entry on visa. But CIS does ask for all the documents from your first entry to US. Though you can always invoke 245(k) in case you have status issues that does not stop CIS from asking old documents
Well, please allow me make it clear. In order to request change or extension of status, the applicant must be maintaining visa status at time of the application. This is law. But status is defined from the moment one enter into the country. Whenever one enters on a visa status, previous visa status and details do not matter. They can not go back beyond date of entry.
By the way - section 245(k) does not apply to change/extension of status. It applies ONLY to employment based adjustment of status application (I-485).
Link to 245(k) memo (http://www.uscis.gov/files/nativedocuments/245%28k%29_14Jul08.pdf)
____________________
Not a legal advice
US citizen of Indian origin
Well, please allow me make it clear. In order to request change or extension of status, the applicant must be maintaining visa status at time of the application. This is law. But status is defined from the moment one enter into the country. Whenever one enters on a visa status, previous visa status and details do not matter. They can not go back beyond date of entry.
By the way - section 245(k) does not apply to change/extension of status. It applies ONLY to employment based adjustment of status application (I-485).
Link to 245(k) memo (http://www.uscis.gov/files/nativedocuments/245%28k%29_14Jul08.pdf)
____________________
Not a legal advice
US citizen of Indian origin
raj2007
06-14 08:40 PM
lets say we dont apply for ead and ap now...will that affect filing ead and ap in the future if the priority dates retrogress?
No..you can file later based on pending 485 but why you want to wait to save some bucks.
No..you can file later based on pending 485 but why you want to wait to save some bucks.
more...
lghtslpr
02-14 03:35 AM
We met our san jose(CA) congressman Mike Honda (http://honda.house.gov/). We had good session with his staff. His office is in the process of writting a letter to Backlog centers asking them for speeding up approvals.Their office is well aware of backlog issues. Once they get a response back from DOL, they would let us know.
That's great!!!
Who were "we?"
And is it possible to ask Honda's office to urge DOL to have some transparency about the process, so that people know what the heck is going on at the processing centers? Right now it's a total black box!
Thanks.
-L.
That's great!!!
Who were "we?"
And is it possible to ask Honda's office to urge DOL to have some transparency about the process, so that people know what the heck is going on at the processing centers? Right now it's a total black box!
Thanks.
-L.
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sw33t
05-31 11:47 AM
/\/\/\/\
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immi_2006
10-08 06:24 PM
Company A did my GC. I am with Company B on AC21. When my GC gets approved i should be able to stay with Company B and not A. Am i missing something?
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rani77
10-09 09:29 AM
situation is quite different from CA. True, for first time driver's license, you have to show legal status proof. But, you are issued license for 4 years, irrespective of when your current status expires.
For DL renewal in CA, it happens by mail. You once again get 4 year license. No status proof required.
There is definitely no concept of different form of DL in CA where an officer will be able to receogize from the DL, whether is PR or not, as has become the law in Texas.
CA is quite cool with respect to DL renewals.
This was in past not now.
For DL renewal in CA, it happens by mail. You once again get 4 year license. No status proof required.
There is definitely no concept of different form of DL in CA where an officer will be able to receogize from the DL, whether is PR or not, as has become the law in Texas.
CA is quite cool with respect to DL renewals.
This was in past not now.
more...
morchu
05-12 12:06 PM
Greg,
The Original poster mentioned that he filed 485 on 08/06/2007 (and I believe he is employment based). Please note that all employment based categories were unavailable as per bulletin#109 (for august 07). So any EB 485 filer filed in August of 2007 was eligible for that only because of the bulletin 107 & further "July Fiasco events". Which means even if they filed 485 after July 31st, they in fact used the old fee structure.
So ANY EB 485 filers between 08/01/2007 to 08/15/2007, still has to keep on paying fees for EAD (even though the rules change happened for filings after 07/31/2007). This is a special category of filers created by "July Fiasco".
With respect to your first question, anyone filing since the 2007 rules change you note would only pay a single I-485 filing fee which now has the EAD and advanced parole fees built in. Basically, you're paying for the EAD whether you actually apply for it or not.
The Original poster mentioned that he filed 485 on 08/06/2007 (and I believe he is employment based). Please note that all employment based categories were unavailable as per bulletin#109 (for august 07). So any EB 485 filer filed in August of 2007 was eligible for that only because of the bulletin 107 & further "July Fiasco events". Which means even if they filed 485 after July 31st, they in fact used the old fee structure.
So ANY EB 485 filers between 08/01/2007 to 08/15/2007, still has to keep on paying fees for EAD (even though the rules change happened for filings after 07/31/2007). This is a special category of filers created by "July Fiasco".
With respect to your first question, anyone filing since the 2007 rules change you note would only pay a single I-485 filing fee which now has the EAD and advanced parole fees built in. Basically, you're paying for the EAD whether you actually apply for it or not.
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duttasurajit
10-18 02:22 PM
I did some research and it seems for AC21 the job description matters and it should be same or similar. The job title may be different.
I think we should be fine but it is safe to take the opinion of at least two good immigration attorneys before proceeding.
I think we should be fine but it is safe to take the opinion of at least two good immigration attorneys before proceeding.
more...
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skdskd
10-15 03:32 PM
Sorry to add to the confusion and I had replied to the same question in another thread, but my lawyer told me I can be on H1 and do additional work on EAD since H1 is a dual intent visa. He also told me that nothing needs to be informed to the immigration authorities once I start using my EAD. I know this is contrary to what everyone said in the comments above, but this is the reply I got talking personally to my lawyer.
Even my lawyer told me that I can be on Both H1-B and EAD
But It is not true for H4 , You can not be on Both H4 and EAD
Even my lawyer told me that I can be on Both H1-B and EAD
But It is not true for H4 , You can not be on Both H4 and EAD
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validIV
04-16 11:46 AM
See my answers in red
I did not wan to create a separate thread since I have similar questions:
My situation:
US pharmD graduating in may 09
H1B approved ( start oct 09)
OPT not approved yet
Married to F-1
child born in US
Country- Gabon (both)
city- nashville TN
Company-CVS
Facts:
My company told me I qualify for GC sponsoring after 90 days of full time as pharmacist and to just buzz them when I am ready. I will be full time rx on my OPT, which shoudl come out before graduation.
I pass my boards in June, I should be go to go for GC filing as soon as October.
Questions:
1. is changing address within the same city affect GC procress? Its not a big deal, people do it all the time. Its a two step process, much easier if you have a lawyer file your applications since they will usually get copies of all correspondences with USCIS and they will take care of this for you. If you are self filing, you will need to take care of both steps yourself. See this: https://egov.uscis.gov/crisgwi/go?action=coa
2. What r the pros and cons of filing GC that early into employment?The earlier the better. The CVS guy told me usually people prefer to wait longer before filing for GC. why? Corporations and businesses do not make it a habit to file GC/PERM apps for their employees if they are only temp or on probationary periods. Normally when they hire someone, they are on probation with the company for a year or so. If they like your work they will keep you and file your application for permanent residency. So normally businesses dont file your GC app until after 6 or 12 months. With CVS, consult your supervisor what the standard filing procedure is. Do not overstep the company policies and file yourself. You need them to file it for you when they are ready and willing.
3. When GC filing start can I include my husband from the start with his F1 status or do we have to switch him to H4 status first?. Does not matter what status your husbands is in as long as it is valid. You can research the pros and cons of H4 vs F1 yourself, that alone is another thread's worth of discussion. You specifiy your husband as a dependant of your GC application usually at the last step before your I485 approval, when your PD becomes current.
4. any suggestion, that you think I can benefit from on how to approach is welcomed. I 've been F1 for 5-6 years now..just looking forward to ending my life as an international student, but I don't want to rush into things out of ignorance. I was in the same boat as you, coming from F-1 to H-1. You are doing the right thing by expanding your knowledge base and asking people. Work hard at what you do and follow up once your application is filed. With the economy the hardest part is finding a job that will sponsor H-1 but youve already gone beyond that point.
I did not wan to create a separate thread since I have similar questions:
My situation:
US pharmD graduating in may 09
H1B approved ( start oct 09)
OPT not approved yet
Married to F-1
child born in US
Country- Gabon (both)
city- nashville TN
Company-CVS
Facts:
My company told me I qualify for GC sponsoring after 90 days of full time as pharmacist and to just buzz them when I am ready. I will be full time rx on my OPT, which shoudl come out before graduation.
I pass my boards in June, I should be go to go for GC filing as soon as October.
Questions:
1. is changing address within the same city affect GC procress? Its not a big deal, people do it all the time. Its a two step process, much easier if you have a lawyer file your applications since they will usually get copies of all correspondences with USCIS and they will take care of this for you. If you are self filing, you will need to take care of both steps yourself. See this: https://egov.uscis.gov/crisgwi/go?action=coa
2. What r the pros and cons of filing GC that early into employment?The earlier the better. The CVS guy told me usually people prefer to wait longer before filing for GC. why? Corporations and businesses do not make it a habit to file GC/PERM apps for their employees if they are only temp or on probationary periods. Normally when they hire someone, they are on probation with the company for a year or so. If they like your work they will keep you and file your application for permanent residency. So normally businesses dont file your GC app until after 6 or 12 months. With CVS, consult your supervisor what the standard filing procedure is. Do not overstep the company policies and file yourself. You need them to file it for you when they are ready and willing.
3. When GC filing start can I include my husband from the start with his F1 status or do we have to switch him to H4 status first?. Does not matter what status your husbands is in as long as it is valid. You can research the pros and cons of H4 vs F1 yourself, that alone is another thread's worth of discussion. You specifiy your husband as a dependant of your GC application usually at the last step before your I485 approval, when your PD becomes current.
4. any suggestion, that you think I can benefit from on how to approach is welcomed. I 've been F1 for 5-6 years now..just looking forward to ending my life as an international student, but I don't want to rush into things out of ignorance. I was in the same boat as you, coming from F-1 to H-1. You are doing the right thing by expanding your knowledge base and asking people. Work hard at what you do and follow up once your application is filed. With the economy the hardest part is finding a job that will sponsor H-1 but youve already gone beyond that point.
more...
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pappu
06-05 11:26 AM
If you are unable to come to DC, please contribute to this effort by donating funds to immigration voice. It will help us recuperate the costs associated with hosting such a high profile event in Washington DC. If you have not contributed,
click here (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25) and please contribute now. This is an effort that helps each and every one of us. Hopes and prayers will not make visa bulletins current. Congressional action will. And congress will act only if we act to advocate our issues and solutions.
Most of us are still in the limbo of green card process and waiting in different stages. Some of us may have advanced to the I-485 stage and have a little more career flexibility but the hanging sword of uncertainty still looms over our heads.
Our angst, our insecurity:
Even with EAD and other options, lack of green card is lack of security and lack of certainty. You know it and you feel it every day. In order to find a permanent fix for the uncertainty, angst and insecurity and in order to snap out of the probationary lifestyle and career, we have to finish what we started over 4 years ago -- get the U.S. Congress to act on this problem and solve it once and for all.
Early effort wins:
The first agenda of next Congress will be immigration and we expect an immigration bill to be debated sometime in early 2011. However, it would be a big mistake to wait until that time to do something about that bill. Successful advocacy efforts are the ones that start early and introduce concepts and ideas into the debate before the legislators write their first draft. Once the committee hearings and debates begin, it is harder to get changes or fixes into a bill because it requires an amendment to the bill in a politically charged and heated atmosphere. Groups and organizations that wait until the last minute to influence members of congress often fail to achieve results. In order to succeed in next year's immigration bill, we have to begin talking to members of congress now. Remember, the advocacy efforts we did with lobby day and rally in Sept 2007 influenced congress to include our provisions in bipartisan bills introduced in Aug 2008. Legislative things take time.
How you can help:
You and help in two different ways:
Join the advocacy effort in DC on June 7th and 8th. (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1437978-iv-announcement-advocacy-days-in-washington-dc-7th-and-8th-june.html) If you have never done this before, we encourage you to help us with this and join us. Immigration voice will arrange the logistics of setting up meetings and arranging the material for you to take to your Congressmen and Senators. We are expecting about 150 immigration voice members to gather in DC and participate in over 200 meetings with Congressmen and Senators.
Contributing Funds to help finance the effort. (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1534974-funding-drive-iv-needs-your-support-for-advocacy-events-in-dc.html) You are most welcome to come to DC and join us but if your job demands are such that you cannot take two days off on June 7th and 8th, then you can still contribute to this effort by contributing financially to Immigration Voice. Kindly contribute funds to this effort by clicking on this link (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1534974-funding-drive-iv-needs-your-support-for-advocacy-events-in-dc.html). You have an obligation to yourself and your family to plant your career in this country once and for all. EAD and AP, if you have them, are not going to cut it. We are not there yet. And we have to finish together what we started together.
Thank you.
Immigration Voice. (ImmigrationVoice.org - Home (http://www.immigrationvoice.org)).
click here (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25) and please contribute now. This is an effort that helps each and every one of us. Hopes and prayers will not make visa bulletins current. Congressional action will. And congress will act only if we act to advocate our issues and solutions.
Most of us are still in the limbo of green card process and waiting in different stages. Some of us may have advanced to the I-485 stage and have a little more career flexibility but the hanging sword of uncertainty still looms over our heads.
Our angst, our insecurity:
Even with EAD and other options, lack of green card is lack of security and lack of certainty. You know it and you feel it every day. In order to find a permanent fix for the uncertainty, angst and insecurity and in order to snap out of the probationary lifestyle and career, we have to finish what we started over 4 years ago -- get the U.S. Congress to act on this problem and solve it once and for all.
Early effort wins:
The first agenda of next Congress will be immigration and we expect an immigration bill to be debated sometime in early 2011. However, it would be a big mistake to wait until that time to do something about that bill. Successful advocacy efforts are the ones that start early and introduce concepts and ideas into the debate before the legislators write their first draft. Once the committee hearings and debates begin, it is harder to get changes or fixes into a bill because it requires an amendment to the bill in a politically charged and heated atmosphere. Groups and organizations that wait until the last minute to influence members of congress often fail to achieve results. In order to succeed in next year's immigration bill, we have to begin talking to members of congress now. Remember, the advocacy efforts we did with lobby day and rally in Sept 2007 influenced congress to include our provisions in bipartisan bills introduced in Aug 2008. Legislative things take time.
How you can help:
You and help in two different ways:
Join the advocacy effort in DC on June 7th and 8th. (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1437978-iv-announcement-advocacy-days-in-washington-dc-7th-and-8th-june.html) If you have never done this before, we encourage you to help us with this and join us. Immigration voice will arrange the logistics of setting up meetings and arranging the material for you to take to your Congressmen and Senators. We are expecting about 150 immigration voice members to gather in DC and participate in over 200 meetings with Congressmen and Senators.
Contributing Funds to help finance the effort. (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1534974-funding-drive-iv-needs-your-support-for-advocacy-events-in-dc.html) You are most welcome to come to DC and join us but if your job demands are such that you cannot take two days off on June 7th and 8th, then you can still contribute to this effort by contributing financially to Immigration Voice. Kindly contribute funds to this effort by clicking on this link (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1534974-funding-drive-iv-needs-your-support-for-advocacy-events-in-dc.html). You have an obligation to yourself and your family to plant your career in this country once and for all. EAD and AP, if you have them, are not going to cut it. We are not there yet. And we have to finish together what we started together.
Thank you.
Immigration Voice. (ImmigrationVoice.org - Home (http://www.immigrationvoice.org)).
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chanduv23
04-21 01:44 PM
If I485 is denied for wrong reason (due to USCIS error), I understand that the application and attorney can file a MTR, but during the time till the case is reopened again, is it legal for the employee to work on EAD?
My assumption here is once the denial notice is received, it may take few weeks/months to gather the necessary information, send it to USCIS and then the case gets reopened.
This is a grey area subject to interpretations. Talk to an Anttorney - the reason I say this is - when your 485 gets denied wrongfully (your Attorney will tell you if the REASON was wrongful) - say AC21 old employer revoke 140 after 180 days - then an MOTIC whould resolve your issue - which typically takes a few weeks to 2 months or a bit more. Whether you stay here or work here - it is the same - no "Particular status". Once your MOTIC gets approved, you are back in status - so it is a big grey area subject to interpretation and Attorneys have different views based on how conservative one wants to be.
If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.
My assumption here is once the denial notice is received, it may take few weeks/months to gather the necessary information, send it to USCIS and then the case gets reopened.
This is a grey area subject to interpretations. Talk to an Anttorney - the reason I say this is - when your 485 gets denied wrongfully (your Attorney will tell you if the REASON was wrongful) - say AC21 old employer revoke 140 after 180 days - then an MOTIC whould resolve your issue - which typically takes a few weeks to 2 months or a bit more. Whether you stay here or work here - it is the same - no "Particular status". Once your MOTIC gets approved, you are back in status - so it is a big grey area subject to interpretation and Attorneys have different views based on how conservative one wants to be.
If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.
more...
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indygc
12-18 11:41 PM
Hi All,
One of my friend is in a bad situation, I am posting on behalf of him,
He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..
Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.
Thanks in Advance
AJ
One of my friend is in a bad situation, I am posting on behalf of him,
He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..
Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.
Thanks in Advance
AJ
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grupak
03-14 04:41 PM
Infact I know one Texas member who has contributed a percentage of his tax return last year, and will be doing it again.
BTW.. please explain what is this $600 rebate? I already filed my taxes myself, and maybe I missed this.
Its part of Bush's stimulus package... I don't don't think anything is required on your part besides filing taxes. The rebates should be coming in around May according to NPR, if I am not mistaken. $600 per individual filing. In a joint filing $600 each for husband and wife, $300 for each kid (ceiling?)
BTW.. please explain what is this $600 rebate? I already filed my taxes myself, and maybe I missed this.
Its part of Bush's stimulus package... I don't don't think anything is required on your part besides filing taxes. The rebates should be coming in around May according to NPR, if I am not mistaken. $600 per individual filing. In a joint filing $600 each for husband and wife, $300 for each kid (ceiling?)
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GC092003
10-09 04:41 PM
Thank you all for the advise. I used Photo shop to adjust required size and pixels. As I shrunk to less than 62.5kb, it won't 240 x 320.. became smaller. anyway, I could send it...
again, thank you for your help.
again, thank you for your help.
QuickGreenCard
04-20 05:57 PM
Hey gc28262,
I am in the same boat as you. I applied for both EAD & AP last year to Texas Service Center. I have gotten my EAD but not AP. The following is my online status for AP:
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Approval notice sent.
On August 13, 2008, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
I called many times and was able to open up a service request. They sent me a letter saying the same thing that I can see online. Everyone told me to re-apply or send I-824 (Application for action on approved petition with the fees $340, costs more than the AP application itself).
Could you please post the address where you have mailed. I would like to try the same to see if my luck changes any.
Thanks
Srini
I am in the same boat as you. I applied for both EAD & AP last year to Texas Service Center. I have gotten my EAD but not AP. The following is my online status for AP:
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Approval notice sent.
On August 13, 2008, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
I called many times and was able to open up a service request. They sent me a letter saying the same thing that I can see online. Everyone told me to re-apply or send I-824 (Application for action on approved petition with the fees $340, costs more than the AP application itself).
Could you please post the address where you have mailed. I would like to try the same to see if my luck changes any.
Thanks
Srini
GCWhru
08-04 05:04 PM
anoopraj2010,
We are also on the same boat. My GC (primary ) approved on Aug 2008 and my wife's 485 still pending, we have returned back from India last week and no questions asked about her AP.
We are also on the same boat. My GC (primary ) approved on Aug 2008 and my wife's 485 still pending, we have returned back from India last week and no questions asked about her AP.
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