skv
08-27 02:38 PM
I (and my spouse as dependent) applied for I-485, AP, and EAD on July 17, 07 and am yet to get the receipt notice. My (and my spouse's) H-1 expires on 12/31/07 and I plan to travel out of the US between November 8 and December 24.
In case, the I-485 receipt notice does not come before we leave, would we be considered as having abandoned the PR application? Any idea how long it might take for the receipt notice to come for people in my shoes?
I'm positive, you can very much travel!!
In case, the I-485 receipt notice does not come before we leave, would we be considered as having abandoned the PR application? Any idea how long it might take for the receipt notice to come for people in my shoes?
I'm positive, you can very much travel!!
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neeidd
07-09 11:42 AM
As soon as your wife used EAD, her H4 status was gone.
For you it would still be safe to continue working on H1.
Your advantages are:
1) Having dual status (H1B and AOS) is better than one.
2) You do not have to worry about EADs for yourself.
Thanks for your info, coopheal
Regards
For you it would still be safe to continue working on H1.
Your advantages are:
1) Having dual status (H1B and AOS) is better than one.
2) You do not have to worry about EADs for yourself.
Thanks for your info, coopheal
Regards
fromnaija
06-21 01:44 PM
You did not mention if you already filed your AOS application. If yes, then you may keep your application going if it's been more than 180 days since you filed.
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
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kbalasgc
08-15 01:31 AM
I applied for my PERM Labor Certification on 06-Aug-2007. My status online shows "APPROVED"on 13-Aug-2007. My Lawyer says that the HARD COPY is needed to move forward (My priority date is Jan-2006 from a prior Labor/I-140 approval).
1. How long does it usually take for the Hard copy to reach the attorney's office after approval.
2. Is there any way I can apply for I-140/485 by August 17th given that my status shows "APPROVED" as of today (August 14th).
Any suggestions?
1. How long does it usually take for the Hard copy to reach the attorney's office after approval.
2. Is there any way I can apply for I-140/485 by August 17th given that my status shows "APPROVED" as of today (August 14th).
Any suggestions?
more...
arti.jain
11-07 06:45 PM
I have very simple questions, but having searched the web for 9 hours haven't found a definte answer. Any help is really really appreciated...
My L1A and I-94 expires on 12/31/2009. Same is true for my wife and child. my company has not yet filed for extension yet.
My GC application 140+485 concurrently under EB1 was filed recently, mailed on 10/30/2009.
Question
1. I do not need to travel outside USA at this point, can my company file for normal processing extension and wait for result even when my i-94 would have already expired. Trying to save the additional $1000(*3 potentially,) for premium processing.
2. Does my company really need to file L1 extension now, or can wait till march/April for 140 approval/denial/RFE and file based on situation then? Note i am not eligible for i-140 premium processing so have to wait for 3-4 months.
3. Our Driving Licenses(CA) expires on December 31st,2009. Is there a way to get that extended because even if i file L1A extension, i may not be able to get the approval notice by the end of year. So DMV would not extend it. Can i get some letter from somewhere or just ask for I-94 extension without petition extension, which might happen quickly.
4. My wife has an EAD and it expired on 5th Nov 2009, since she is not working at this point (and out of laziness), we did not file for extension. Is she out of status or back to L2 status? Do we need to apply for COS.
Please help me resolve simple question.
My L1A and I-94 expires on 12/31/2009. Same is true for my wife and child. my company has not yet filed for extension yet.
My GC application 140+485 concurrently under EB1 was filed recently, mailed on 10/30/2009.
Question
1. I do not need to travel outside USA at this point, can my company file for normal processing extension and wait for result even when my i-94 would have already expired. Trying to save the additional $1000(*3 potentially,) for premium processing.
2. Does my company really need to file L1 extension now, or can wait till march/April for 140 approval/denial/RFE and file based on situation then? Note i am not eligible for i-140 premium processing so have to wait for 3-4 months.
3. Our Driving Licenses(CA) expires on December 31st,2009. Is there a way to get that extended because even if i file L1A extension, i may not be able to get the approval notice by the end of year. So DMV would not extend it. Can i get some letter from somewhere or just ask for I-94 extension without petition extension, which might happen quickly.
4. My wife has an EAD and it expired on 5th Nov 2009, since she is not working at this point (and out of laziness), we did not file for extension. Is she out of status or back to L2 status? Do we need to apply for COS.
Please help me resolve simple question.
Ann Ruben
04-17 01:09 PM
Lately, US Consular Officers in Canada have been reluctant to issue H-1B visas when the applicant does not have a US or Canadian University Degree AND has never had an H-1B visa issued at his/her home Consulate. The following is an excerpt from Visa Requirements • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/usa_visa.asp#ability:)
"Evidence of qualifications must be original or certified copy. Consular officers in Canada may refuse to issue a visa to H-1B applicants if their education and /or work experience is solely or predominantly from a country other than the U.S. or Canada."
As you probably know, if you are refused a visa in Canada, you cannot return to the US until you travel to your home country and obtain your H-1B visa there.
"Evidence of qualifications must be original or certified copy. Consular officers in Canada may refuse to issue a visa to H-1B applicants if their education and /or work experience is solely or predominantly from a country other than the U.S. or Canada."
As you probably know, if you are refused a visa in Canada, you cannot return to the US until you travel to your home country and obtain your H-1B visa there.
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lazycis
06-24 12:50 PM
You can do that using your EAD but that could be considered a violation of H1 status. Not big deal if you do not need to maintain H1. If you want to keep H1, you cannot do that unless you are willing to re-validate H1 later on by leaving US and re-entering on H1.
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ajju
08-25 06:36 PM
No E2 (EB2) consular processing cases were scheduled by mumbai consulate.
Mumbai consulate - Consular Processing appointments
September
http://mumbai.usconsulate.gov/uploads/images/eKYmGhGmUU2-9o2l0sVwDg/IV_APPNTS_0908.pdf
August
http://mumbai.usconsulate.gov/uploads/images/ijH_SNSNIxW4rcRSdtw44Q/IVAPPNTS0808.pdf
Give me a green dot if you can.
Probably they've separate pdf for EB appointments or following USCIS bi-specialization strategy :-) Good find anyways...
Mumbai consulate - Consular Processing appointments
September
http://mumbai.usconsulate.gov/uploads/images/eKYmGhGmUU2-9o2l0sVwDg/IV_APPNTS_0908.pdf
August
http://mumbai.usconsulate.gov/uploads/images/ijH_SNSNIxW4rcRSdtw44Q/IVAPPNTS0808.pdf
Give me a green dot if you can.
Probably they've separate pdf for EB appointments or following USCIS bi-specialization strategy :-) Good find anyways...
more...
eb3_nepa
05-28 11:20 AM
If you are actually using the EAD you cannot work in the interim though. Just an FYI
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breddy2000
02-03 10:28 AM
I also heard that they are sending about 1500 people back to India..
I heard from one of my Frnds that all of their L1 visa extensions are getting rejected left and right....
Most of them are on these L1 Visas in managerial postions.
I heard from one of my Frnds that all of their L1 visa extensions are getting rejected left and right....
Most of them are on these L1 Visas in managerial postions.
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ilikekilo
04-06 09:58 PM
Not sounding to be lazy or anything but any generic test you can share with us so that it can be modified and sent ot her, pl...
So far contributed only $100 for a priceless cause...
So far contributed only $100 for a priceless cause...
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Jaime
09-12 01:55 PM
Who do you know?
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gcadream
05-03 10:55 AM
Thanks a lot for the update !!
Really appreciate it.
My problem is in few days the date for visa appointment will be open i.e Jun-13 and I will be booking for that date. I'm flying on Jun-10 so I'm left with exactly 5 weeks, in this time will I be able to get the new LCA and amended H1 ?
Really appreciate it.
My problem is in few days the date for visa appointment will be open i.e Jun-13 and I will be booking for that date. I'm flying on Jun-10 so I'm left with exactly 5 weeks, in this time will I be able to get the new LCA and amended H1 ?
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raamskl
07-08 03:38 PM
Gurus,
Or should I wait for the outcome of lawsuit
please advise
If you can, I would suggest to wait a month at the least. Information is changing by the day and you will have a better picture of where the case is leading to in that timeframe.
Good luck.
Or should I wait for the outcome of lawsuit
please advise
If you can, I would suggest to wait a month at the least. Information is changing by the day and you will have a better picture of where the case is leading to in that timeframe.
Good luck.
more...
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h1techSlave
02-23 08:51 PM
My employer participates in e-verify and we have several employees in H1/EAD/OPT etc. No issues so far.
Since lawyers are opposing e-verify, e-verify should be good for us. ;);)
Since lawyers are opposing e-verify, e-verify should be good for us. ;);)
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485user
11-19 10:14 AM
Hi,
I need small help, how did you re-file? do you have checklist or procedure kind of stuff. So that i will talk to new lawyer with all these info.
Please reply back.
Thanks
your friend
I need small help, how did you re-file? do you have checklist or procedure kind of stuff. So that i will talk to new lawyer with all these info.
Please reply back.
Thanks
your friend
more...
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gparr
April 22nd, 2004, 10:35 PM
i think you needed two light sources for this, one coming in from the left to lessen or remove the shadows. Some more DOF? Yes and No depends on what you're after. Flwoers of this colour are so hard to photo IMHO. Reds and flowers always give me grief. I like this rendition of the colour.. Were you happy?
Yes, I'm happy with the shot in general. I don't like using flash, but didn't have a choice on this one. I was battling heavy clouds and a building wind. I think I'll go back and shoot it again if the blooms are still in decent shape and try a bit more DOF. I also wish I'd noticed that little leaf on the bottom left. I hate when you think you've studied the entire field of view and then miss one little thing.
Thanks to everyone for the feedback.
Gary
Yes, I'm happy with the shot in general. I don't like using flash, but didn't have a choice on this one. I was battling heavy clouds and a building wind. I think I'll go back and shoot it again if the blooms are still in decent shape and try a bit more DOF. I also wish I'd noticed that little leaf on the bottom left. I hate when you think you've studied the entire field of view and then miss one little thing.
Thanks to everyone for the feedback.
Gary