tampacoolie
07-21 09:00 PM
I did a very similar thing.
My h1b expires in sept 07, and an extension was applied in april 07. My PD became current in June, and I applied for AOS with AP and EAD.
Approval for my H1B extension came through mid June (after AOS application) and only for 1 year (as opposed to 3 if my PD was not current).
I now have AP approval and EAD is still pending, but I'm planning on using these to travel with when fully realized.
My H1 expires 08/30/07 and I will be applying I 485 this month end. I already upgraded to PP for my 1-140 got an RFE for A2P. I will be submitting supporting docs for RFE also before this month end. I assume that PD will be unavailable for Sep, and I will be applying for my H1 extension in August in regular processing. Will I get 3 year or 1 year ?
My h1b expires in sept 07, and an extension was applied in april 07. My PD became current in June, and I applied for AOS with AP and EAD.
Approval for my H1B extension came through mid June (after AOS application) and only for 1 year (as opposed to 3 if my PD was not current).
I now have AP approval and EAD is still pending, but I'm planning on using these to travel with when fully realized.
My H1 expires 08/30/07 and I will be applying I 485 this month end. I already upgraded to PP for my 1-140 got an RFE for A2P. I will be submitting supporting docs for RFE also before this month end. I assume that PD will be unavailable for Sep, and I will be applying for my H1 extension in August in regular processing. Will I get 3 year or 1 year ?
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CaliHoneB
01-11 01:06 PM
Hi,
I hope I am posting in the right space and hoping to get some input from people who have been in a similar situation.
My mother is coming from India (Hyderabad) to San francisco . The ticket was booked in India and we were hoping to get a travel companion for her and help her through gate changes, customs and related stuff. When we talked to travel agents they kept postponing until one week before departure (She leaves on 14th). Now they were able to locate one companion until London but after that they split.
Eventhough wheelchair assistance was requested from London and confirmed. I am worried that she never traveled by herself and she wouldn't be able to complete all the forms or answer all the questions or even stand in the right queue by herself at the port of entry in San francisco.
I am sure there will be other passengers from London to San francisco but I want to talk to them before she gets on the plane and not leave to chance and hope somebody helps her. With all the new privacy issues how do we get in touch with Telugu(worst case Hindi) speaking people on the plane from London to San francisco.
I would appreciate your input
Thanks in advance
I hope I am posting in the right space and hoping to get some input from people who have been in a similar situation.
My mother is coming from India (Hyderabad) to San francisco . The ticket was booked in India and we were hoping to get a travel companion for her and help her through gate changes, customs and related stuff. When we talked to travel agents they kept postponing until one week before departure (She leaves on 14th). Now they were able to locate one companion until London but after that they split.
Eventhough wheelchair assistance was requested from London and confirmed. I am worried that she never traveled by herself and she wouldn't be able to complete all the forms or answer all the questions or even stand in the right queue by herself at the port of entry in San francisco.
I am sure there will be other passengers from London to San francisco but I want to talk to them before she gets on the plane and not leave to chance and hope somebody helps her. With all the new privacy issues how do we get in touch with Telugu(worst case Hindi) speaking people on the plane from London to San francisco.
I would appreciate your input
Thanks in advance
indianabacklog
01-03 12:43 PM
Hi All,
My wife was on H1b till few months back. She left her job and is currently on AdjustmentOfStatus. We have received the filing receipts for her Adjustment of Status Application, and her approved EAD as well.
But yet to get back anything on her Advance Parole Application, though we have the filing receipts. She now needs to travel to India due to some family reasons. Is it safe for her to travel without approved Advance Parole?
I have an approved H1b till early 2009 and plan to use same for my travel.
Any pointers on this one?
Thanks
From what you say do you mean your wife now has no current visa status?
If so she has to have advanced parole in hand to travel. She is effectively now on her EAD and AOS combined and neither of these bestows travel privileges.
If however, as other responders have assumed, that your wife is on an H4 now as your dependent then she can go for visa stamping and re enter the US on that visa
My wife was on H1b till few months back. She left her job and is currently on AdjustmentOfStatus. We have received the filing receipts for her Adjustment of Status Application, and her approved EAD as well.
But yet to get back anything on her Advance Parole Application, though we have the filing receipts. She now needs to travel to India due to some family reasons. Is it safe for her to travel without approved Advance Parole?
I have an approved H1b till early 2009 and plan to use same for my travel.
Any pointers on this one?
Thanks
From what you say do you mean your wife now has no current visa status?
If so she has to have advanced parole in hand to travel. She is effectively now on her EAD and AOS combined and neither of these bestows travel privileges.
If however, as other responders have assumed, that your wife is on an H4 now as your dependent then she can go for visa stamping and re enter the US on that visa
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speddi
10-15 01:17 PM
this is the response I got from our company attorney..
If you use your EAD to work part time for another employer, then you would no longer be in H-1B status. However, the H-1B petition would remain valid but you would not be in H-1B status (your stay in the US would be as an applicant for adjustment).
If you use your EAD to work part time for another employer, then you would no longer be in H-1B status. However, the H-1B petition would remain valid but you would not be in H-1B status (your stay in the US would be as an applicant for adjustment).
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Aah_GC
08-16 11:35 AM
I had absolutely no problems, it's all smooth as long as you carry all the supporting docs. I did have a shitty experience at JFK -- there are few morons at the POE you can't do much about.
ita
11-07 02:33 PM
I moved last week but told my roommate to accept this mail that I was expecting from Immigration.
I guess she removed my name from the mail box.
Today I went online to check the status on my EAD and the status says the card we returned as undelivered and they asked me to call customer service to update address.
I'm planning to go online and get my address changed .
Should I also call them to inform about the address change?
Is there any other way I can get my EAD card rather than wait till I update my address?
Can I change my address over the weekend? If I have to call them after changing the address online will the customer service be available over the weekend ?
Thank you.
I guess she removed my name from the mail box.
Today I went online to check the status on my EAD and the status says the card we returned as undelivered and they asked me to call customer service to update address.
I'm planning to go online and get my address changed .
Should I also call them to inform about the address change?
Is there any other way I can get my EAD card rather than wait till I update my address?
Can I change my address over the weekend? If I have to call them after changing the address online will the customer service be available over the weekend ?
Thank you.
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jaggu
08-16 02:56 AM
Hi,
I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.
Thanks.
I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.
Thanks.
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ramaonline
06-12 07:46 PM
Can I change the employer after I get my 3 year extension on H1 ?
The 3 year extension of h1 also allows portability - so emp change is ok.
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
Yes - gc is a future job offer - ur previous 140 can be used for h1 status extensions
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
Yes - once u have an approved 140 ur pd can be ported to any new gc applications
4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
there is no such requirement - i guess ur asking if u start the gc thru new emp in 6th year can u get extn? in this case u can use the old 140 approval and request 3 year extn, or if u get the new approval use that instead
The 3 year extension of h1 also allows portability - so emp change is ok.
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
Yes - gc is a future job offer - ur previous 140 can be used for h1 status extensions
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
Yes - once u have an approved 140 ur pd can be ported to any new gc applications
4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
there is no such requirement - i guess ur asking if u start the gc thru new emp in 6th year can u get extn? in this case u can use the old 140 approval and request 3 year extn, or if u get the new approval use that instead
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bobzibub
10-15 11:32 AM
AILA has asked USCIS that question 6 months ago.
USCIS has not answered the question.
That is why some lawyers say yes, some say no. They don't know what USCIS will say.
I've emailed the ombudsman to get USCIS to answer and give a legal basis for their answer too.
We deserve to know.
USCIS has not answered the question.
That is why some lawyers say yes, some say no. They don't know what USCIS will say.
I've emailed the ombudsman to get USCIS to answer and give a legal basis for their answer too.
We deserve to know.
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bkarnik
04-04 10:36 PM
The AOS (485) is based on the I-140 approved for the beneficiary listed in the I-140 and not the labor. Besides, the DOL is not really concerned about EB2 or EB3 category. The DOL asks for the alien information just to verify that the job ad is not tailored to meet the alien's qualifications. EB2, EB3, etc are categories under the INA which become applicable only once the I0140 is filed. In a nutshell, your friend should have consulted another attorney before the I-140 was filed under EB3. It is not possible to change the 485 filing to EB2 based on the labor because the immediately preceding step to filing 485 is the I-140 which governs.
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langagadu
03-04 04:20 PM
By the way, what do you smoke?
Hi guys,
this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...
can typing immigrationvoice.org take us all to "ebimmigrationvoice.org" or eb-legal-immigrationvoice.org" ? (eg. ibnlive.com takes you to ibnlive.in.com) In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..
Sr members, please share your views on this topic..
thanks
narendra
Hi guys,
this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...
can typing immigrationvoice.org take us all to "ebimmigrationvoice.org" or eb-legal-immigrationvoice.org" ? (eg. ibnlive.com takes you to ibnlive.in.com) In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..
Sr members, please share your views on this topic..
thanks
narendra
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go_guy123
05-22 02:37 PM
Thanks for your Reply.
My Employer is also threatening me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?
Yes they need to give you lay off notice officially in paper and give you plane ticket to India.
You can file the complaint and once they give you ticket to India , you can available that to go to India.
In fact H1Bs shouldn't have been approved for your employer in first place. Obviously in your case the client is delaying payment but you employers need to have the
working capital to pay you even if the client is not/delaying payment.
This was a problem/abuse with the small consulting companies aka body shoppers for over a decade now. It seems that USCIS is eventually cracking down on this.
My Employer is also threatening me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?
Yes they need to give you lay off notice officially in paper and give you plane ticket to India.
You can file the complaint and once they give you ticket to India , you can available that to go to India.
In fact H1Bs shouldn't have been approved for your employer in first place. Obviously in your case the client is delaying payment but you employers need to have the
working capital to pay you even if the client is not/delaying payment.
This was a problem/abuse with the small consulting companies aka body shoppers for over a decade now. It seems that USCIS is eventually cracking down on this.
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voicerj
05-12 01:43 PM
Where do we need to send the questions for the free conference call today ?
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Jaime
09-06 04:49 PM
I have worked in Europe for 4+ years and i can say that life in US and Europe is the same (cost of living is higher in Europe but social security is better). I was seriously considering a move to UK (despite racism) to gain job/life freedom for me and my family. I have HSMP from UK and got a job offer that paid me better (including 35% raise in cost of living) than current US job with flexibility to change employment, also my wife could take up job any day she wants (unlike H4).
You are a poster child of the U.S. Reverse Brain Drain. Shame on Congress if the United States loses you and your family!
You are a poster child of the U.S. Reverse Brain Drain. Shame on Congress if the United States loses you and your family!
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nk2006
11-12 10:58 AM
Why have you created 56,098 threads on the same topic?
I was trying to post this in each state chapters. Most of state chapters dont have an active thread so created one in some of them. I am just trying to bring attention of any members not aware of this campaign already.
I was trying to post this in each state chapters. Most of state chapters dont have an active thread so created one in some of them. I am just trying to bring attention of any members not aware of this campaign already.
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babu123
04-11 07:42 PM
If you got your labor approved and if you apply I-140 before December, you are eligible to get extension for 1 year.
If you got your labor approved and if your I-140 is approved before December, you will be eligible to get extension for 3 years.
So hurry up and Good Luck.
If you got your labor approved and if your I-140 is approved before December, you will be eligible to get extension for 3 years.
So hurry up and Good Luck.
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immi_seeker
09-27 02:46 PM
I received my FP notice. My Lawyer also received my FP notice which he mailed it to me. Now I have two copies. Which copy should I carry for my FP appointment? Does it matter?
TIA
Doesnt matter which copy you bring. Attend the FP that is important. They will stamp your notice and sign it. Keep that copy for your records
TIA
Doesnt matter which copy you bring. Attend the FP that is important. They will stamp your notice and sign it. Keep that copy for your records
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sent4dc
08-25 08:36 PM
Thanks, crystal. But what would happen if I wait now and just say, hypothetically, my I-140 is denied?
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meridiani.planum
05-05 12:26 AM
I was not aware of the 120 days... I filed my wifes EAD day 138 days before expiry (should have been more carefull!)... So what happens now? Rejection? Denial? RFE?
Also what docs should be send after efiling, if any?
rejected. Meaning they will return it with your filing fees:
http://www.immigration-law.com/Archive%20XVI.html
02/14/2008: USCIS Clarification of Denial vs. Rejection of EAD Renewal Application Filed Earlier Than 120 Days Prior to Expiration of EAD
* We posted this message on 02/04/2008 and raised this issue. The AILA has just reported that the USCIS clarified its message that the premature filing would be "rejected" rather than "denied." What this means is that the filers will at least save the filing fees
Also what docs should be send after efiling, if any?
rejected. Meaning they will return it with your filing fees:
http://www.immigration-law.com/Archive%20XVI.html
02/14/2008: USCIS Clarification of Denial vs. Rejection of EAD Renewal Application Filed Earlier Than 120 Days Prior to Expiration of EAD
* We posted this message on 02/04/2008 and raised this issue. The AILA has just reported that the USCIS clarified its message that the premature filing would be "rejected" rather than "denied." What this means is that the filers will at least save the filing fees
kshitijnt
12-04 02:39 AM
I am not sure why it's so hard to understand what I want :)
1- My wife's h4 visa will expire after 4 years
2- I already have my h1b extension
3- What I am saying that if I don't get the stamp in time, I am planning to enter with AP
Given all the points above, and the fact that I'll be working on H1b status, would this void my wife's h4 visa?
You never told anyone that ONLY you filed 485. Generally this is not the case.
1- My wife's h4 visa will expire after 4 years
2- I already have my h1b extension
3- What I am saying that if I don't get the stamp in time, I am planning to enter with AP
Given all the points above, and the fact that I'll be working on H1b status, would this void my wife's h4 visa?
You never told anyone that ONLY you filed 485. Generally this is not the case.
ajay
12-31 09:58 AM
Ajay, did you receive 3 years of H1 extension? I am in my 5th year of initial H1B. wondering if I will receive 3 years extension when I file for H1B transfer with an approved 140. I am changing jobs using AC21 to join a new employer.
Let me know your exp. Did you also get new I-94 attached with H1B ext approval notice?
I got it.
Please let me know the procedure you followed for filing AC21. Did you go through your own attorney?
Let me know your exp. Did you also get new I-94 attached with H1B ext approval notice?
I got it.
Please let me know the procedure you followed for filing AC21. Did you go through your own attorney?
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