minimalist
10-11 09:53 AM
HI Folks
The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
thanks
If you resume the job you were doing before you left, you do not need EAD. If you switch employment, then you have to use EAD.
The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
thanks
If you resume the job you were doing before you left, you do not need EAD. If you switch employment, then you have to use EAD.
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interfile
08-19 04:07 PM
Is it possible to convert or interfile an existing EB based I-485 application to FB based I-485?
I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.
If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?
If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?
Which option is better?
I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.
If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?
If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?
Which option is better?
Libra
08-21 08:03 PM
please go to following link and poll
http://immigrationvoice.org/forum/showthread.php?t=12628
http://immigrationvoice.org/forum/showthread.php?t=12628
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kuhelica2000
05-27 09:25 PM
I am stuck in PBEC. Please let me know if you need any information.
more...
learning01
04-06 01:33 PM
bill (# S......), will come into this S.Amdt of Specter. See my post here elsewhere in IV (http://immigrationvoice.org/forum/showpost.php?p=7032&postcount=177).
Everyone these are the provisions in the original Hagel bill. We're not sure whether they will be there in the new one or not.
Everyone these are the provisions in the original Hagel bill. We're not sure whether they will be there in the new one or not.
like_watching_paint_dry
03-11 10:36 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_4438.html
Run-out? Or LBW?
Run-out? Or LBW?
more...
glus
09-14 02:18 PM
That is correct. If you are married and over 21, they can't apply unless they are U.S. Citizens. But then, you will be under FB 3rd category which means a very long wait.
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alterego
12-10 07:05 PM
I know many people have been applying and reapplying for EADs and renewals.
I am trying to see if I can figure out any trends in how they are selecting cases for 2 yr renewals.
Please post your EB category, PD(month/yr is adequate), and approved EAD length. If we get sufficient responses perhaps we can see any trends.
I am trying to see if I can figure out any trends in how they are selecting cases for 2 yr renewals.
Please post your EB category, PD(month/yr is adequate), and approved EAD length. If we get sufficient responses perhaps we can see any trends.
more...
gchandu
07-20 12:27 PM
Yes it happened to me, I didnt loose my internet connection that time but simply forget to change address on my pending 485 applications :)
Called the USCIS customer service center and one of the representative did update manually. Yes you can also do that for sure
Thanks
Chandu
Hi there,
I changed my address using the online facility provided by USCIS by filling out the AR-11 form. I got the confirmation for that. After that when I started to change for pending petitions (I-485), lost my internet connection. I could not go back to that part again.
I checked all the FAQ's etc but could not find a link that would explain how to change only the pending petitions, since AR-11 was already changed.
Please let me know if anybody was in the similar situation.
Thank you!!!
Called the USCIS customer service center and one of the representative did update manually. Yes you can also do that for sure
Thanks
Chandu
Hi there,
I changed my address using the online facility provided by USCIS by filling out the AR-11 form. I got the confirmation for that. After that when I started to change for pending petitions (I-485), lost my internet connection. I could not go back to that part again.
I checked all the FAQ's etc but could not find a link that would explain how to change only the pending petitions, since AR-11 was already changed.
Please let me know if anybody was in the similar situation.
Thank you!!!
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apimvoice
07-17 05:25 PM
Hi,My I-140 was approved on 07/02/2008.I recieved an email update and online status also showing Approval notice sent.This monday my attroney send me a copy of Approval notice.
Receipt Date :01/07/2008
Notice Date :01/09/2008
Approval Date:07/02/2008
Center :TSC
Category :EB2.
PD :Dec'2006.
No concurrent filing.
Waiting to file I-485.
Thanks
Rajesh
Receipt Date :01/07/2008
Notice Date :01/09/2008
Approval Date:07/02/2008
Center :TSC
Category :EB2.
PD :Dec'2006.
No concurrent filing.
Waiting to file I-485.
Thanks
Rajesh
more...
amyleu
06-18 12:50 PM
I filed the Labor Certification since September, 07 and got audited in November, 07. The response was sent to DOL in November, 07. I have not heard anything since then. Also, my H1B visa expired in the early of May, 08. I left US on April 28, 08. I�m very frustrated and depressed, and the lawyer is very unhelpful. I got questions as follows:
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
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chikusri
07-14 02:54 PM
Hi there!
Do we need to submit the documents for H-4 Visa renewal (expired in the last 12months) before the actual appointment date?
Thanks
Do we need to submit the documents for H-4 Visa renewal (expired in the last 12months) before the actual appointment date?
Thanks
more...
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crystal
07-08 03:12 PM
I have not done it recently for h1b ,but i did it for my parent visitor visa from india chennai consulate.
I think once you fill forms it is valid for 1 week. You can directly try to schedule appointment using the saved forms for 1 week. I observed that for vistor visa appointments they open every thrusday /friday night indian timings and they make dates avaialble for only one week of the following month. and i see they are being filled up in just one hour after they open. Same might be happening for H1bs schedules.
I'm trying to schedule an appointment for non-immigrant visa in August/September timeframe from last one week without any success. After filling the forms, and continuing further for checking the available dates, I get a message saying : " Interview appointments not currently available, please check back in 24 hours. "
I would really appreciate if you can educate me of what I might be doing wrong.
Thanks,
Ashish
I think once you fill forms it is valid for 1 week. You can directly try to schedule appointment using the saved forms for 1 week. I observed that for vistor visa appointments they open every thrusday /friday night indian timings and they make dates avaialble for only one week of the following month. and i see they are being filled up in just one hour after they open. Same might be happening for H1bs schedules.
I'm trying to schedule an appointment for non-immigrant visa in August/September timeframe from last one week without any success. After filling the forms, and continuing further for checking the available dates, I get a message saying : " Interview appointments not currently available, please check back in 24 hours. "
I would really appreciate if you can educate me of what I might be doing wrong.
Thanks,
Ashish
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vishwak
11-23 10:51 AM
Hi,
My employer has initiated my H1 B visa for our client which is a telecom giant. I was denied H1B with the reason that I am a Mechanical Engineer. The document says that as a mechanical engineer I need 6yrs exp. I already have more than 4yrs exp in IT. The thing which wonders me is that, 2 of my engineering classmates got their H1 approved. Is there any clause which says about this. Please help me.
Thanks,
-Anoop
Get Education Evalutaion done as per job requirement.
You need someone who can write nice Theory on your Experience and Education & showing you are qualified for it. You will get H1B. All the best.
Keep updating thread.
My employer has initiated my H1 B visa for our client which is a telecom giant. I was denied H1B with the reason that I am a Mechanical Engineer. The document says that as a mechanical engineer I need 6yrs exp. I already have more than 4yrs exp in IT. The thing which wonders me is that, 2 of my engineering classmates got their H1 approved. Is there any clause which says about this. Please help me.
Thanks,
-Anoop
Get Education Evalutaion done as per job requirement.
You need someone who can write nice Theory on your Experience and Education & showing you are qualified for it. You will get H1B. All the best.
Keep updating thread.
more...
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sunny1000
06-01 07:53 PM
My online 485 status shows "card/document production" for a long time now and I did not get the card yet. I had contacted USCIS several times thru lawyer and never got any reply. My lawyer said that could have been a mistake.
I finally called hte USCIS directly and got the reply from the Phone rep that my 485 is approved and will open a ticket to find out why my card has not arrived. After a week or so I got a letter from USCIS quoting my earlier call and said my PD is Jan'04 and currently the availablity is only for Apr '02 and I have to wait till the PD is current for case.
There was never an explanation about why my online status shows the card/document in production.
In this case, what are my options ? Please help.
Can't explain the kind of emotional and psychological trauma we go thru ever since we saw online status and subsequent messages from USCIS.
-Unlucky Dude
Online status is error prone and so, it is useless. USCIS is correct in its response that your priority date is almost 2 years away. Even if they had given you a GC by mistake, they would have taken it away after realizing the error.
Your best option may to port from EB3 to EB2, if a job is available and you are qualified.
good luck.
I finally called hte USCIS directly and got the reply from the Phone rep that my 485 is approved and will open a ticket to find out why my card has not arrived. After a week or so I got a letter from USCIS quoting my earlier call and said my PD is Jan'04 and currently the availablity is only for Apr '02 and I have to wait till the PD is current for case.
There was never an explanation about why my online status shows the card/document in production.
In this case, what are my options ? Please help.
Can't explain the kind of emotional and psychological trauma we go thru ever since we saw online status and subsequent messages from USCIS.
-Unlucky Dude
Online status is error prone and so, it is useless. USCIS is correct in its response that your priority date is almost 2 years away. Even if they had given you a GC by mistake, they would have taken it away after realizing the error.
Your best option may to port from EB3 to EB2, if a job is available and you are qualified.
good luck.
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andy garcia
07-31 10:08 AM
Nobody knows a answer
He is referring to applications that do not need labor Certification(NIW or EB1).
He is referring to applications that do not need labor Certification(NIW or EB1).
more...
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AabTuAgaGC
06-19 09:56 AM
I gues with iin 2 months for AP. but i don't know in current scenario with lot of applications. There is no harm in filing AP & EAD with 485. Even if you get them you can use it or not choice is yours. but if you use EAD h1/H4 will be invalid and you have to come back in AP. Also if you come in AP then your H1/h4 will be invalid you have to use EAD.
I think 4-5 months is decent time to get AP. But with current volume I am not sure.
I don't think traveling back on AP invalids your H1. I checked with my lawyer and this is what he told me.
I think 4-5 months is decent time to get AP. But with current volume I am not sure.
I don't think traveling back on AP invalids your H1. I checked with my lawyer and this is what he told me.
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supu
05-02 09:59 PM
The big Brand Law firms want to charge more than 3000$ for this.
But the small ones are willing to do this at less than half of that.
So i guess i will go with the smaller onces
But the small ones are willing to do this at less than half of that.
So i guess i will go with the smaller onces
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kirupa
04-22 05:01 PM
It looks really good :) Have you considered adding a monetary value for the stamp? If not, I'll add it up like this.
rb_248
09-10 06:14 PM
Gurus....please share your thoughts.
sac-r-ten
02-12 09:05 AM
this shows that we just have to be patient and hang in there. might get lucky any time :)