bekugc
03-31 11:33 AM
previously when entering on AP, they used to ask for receipt of 485.
so main proof they look for is a valid 'inprogress' 485 appln.
i dont think theyll ask ur wife to show her EAD card at the port of entry.
to be safe, give her a cpy of 485 reciept, a copy of the receipt for the new EAD, and carry the old ead card. i think u shud be fine.
having valid , nonlapsed EAD cards is probably only imp for those who are USING the ead. if ur wife is not working and if her ead arrves few weeks late, it wont matter as long as u have applied for its renewal and have proof of it.
this shud be an easy qn for ur attorney.
so main proof they look for is a valid 'inprogress' 485 appln.
i dont think theyll ask ur wife to show her EAD card at the port of entry.
to be safe, give her a cpy of 485 reciept, a copy of the receipt for the new EAD, and carry the old ead card. i think u shud be fine.
having valid , nonlapsed EAD cards is probably only imp for those who are USING the ead. if ur wife is not working and if her ead arrves few weeks late, it wont matter as long as u have applied for its renewal and have proof of it.
this shud be an easy qn for ur attorney.
maniac
08-07 03:08 PM
Make sure you take landing papers to US embassy with you to prove that you entered Canada legally. There should not be any problems.
ssdtm
11-06 02:23 PM
Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status. In that case, H1 will be denied because an H1 application while out of status will lead to denial.
sureshd
07-01 05:34 PM
Hi All,
Company A:
I am on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
Labor approved Dec, 2006.
I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
which we responded in time and USCIS received on Dec 5, 2007)
I-485 applied in Sep 2007
Got EID and Advance parole approved.
I-140 Denied on Apr 3 2008.
Applied for MTR (I-120 B). Now it is at Texas Service center (since May1, 2008).
Company B:
Now this company applied for my Labor (Perm) on Apr 21, 2008.
Got Approved on June 24, 2008.
1. Do I Eligible for Premium Processing of I-140?
2. If iam not eligible for Premium Processing, still do I eligible for 8th year extension based on my Labor applied on Apr21, 2008 (365 days before my 7th year H1B expiry)? Even when company A withdraws my MTR.
Please advice.
Thanks
Company A:
I am on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
Labor approved Dec, 2006.
I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
which we responded in time and USCIS received on Dec 5, 2007)
I-485 applied in Sep 2007
Got EID and Advance parole approved.
I-140 Denied on Apr 3 2008.
Applied for MTR (I-120 B). Now it is at Texas Service center (since May1, 2008).
Company B:
Now this company applied for my Labor (Perm) on Apr 21, 2008.
Got Approved on June 24, 2008.
1. Do I Eligible for Premium Processing of I-140?
2. If iam not eligible for Premium Processing, still do I eligible for 8th year extension based on my Labor applied on Apr21, 2008 (365 days before my 7th year H1B expiry)? Even when company A withdraws my MTR.
Please advice.
Thanks
more...
saloni
04-17 07:44 PM
Thanks virtual55.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who “moonlights” pursuant to an EAD has not “left” his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who “moonlights” pursuant to an EAD has not “left” his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
chanduv23
09-04 10:41 PM
My apologies for those who signed for this event. This has been called off. A decision was made by Chapter volunteers in the Tri State Conference call tonight.
THANKS FOR THE UNDERSTANDING
THANKS FOR THE UNDERSTANDING
more...
roseball
02-17 06:06 PM
Really speaking I care more for the dates to get current so I can add my wife to my GC application and get her an EAD and AP. After that I won't mind if I have to wait for some more time before I get the actual GC in hand
If your employer has a EB-2 position open which you would be a fit for and if he is willing to start the EB-2 process, then I think you should go ahead with the process. The problem with pending I-485 inventory that USCIS published is that those are only the cases pending at NSC and TSC. They do not account for the cases pending at USCIS Field Offices and overseas consulates. Now coming to the main reason why EB-3 dates not moving is because of 245i (legalization of illegals) cases which were filed before Apr 30, 2001. All of them were classified as EB-3 and there were thousands of applicants. Most the applicants who filed for Adjustment within US are processed. But their dependents cases are still pending at the overseas consulates. Many of them were follow-to-join cases where the cases were filed after primary beneficiary got the greencard and they still use the 2001 PD. There are many such cases pending for consular processing. Though USCIS I-485 inventory only suggests 1100 cases before Dec 2001, there could be hundereds or even thousands pending in field offices or consular posts, hence EB-3 I dates aren't moving either.
If your employer has a EB-2 position open which you would be a fit for and if he is willing to start the EB-2 process, then I think you should go ahead with the process. The problem with pending I-485 inventory that USCIS published is that those are only the cases pending at NSC and TSC. They do not account for the cases pending at USCIS Field Offices and overseas consulates. Now coming to the main reason why EB-3 dates not moving is because of 245i (legalization of illegals) cases which were filed before Apr 30, 2001. All of them were classified as EB-3 and there were thousands of applicants. Most the applicants who filed for Adjustment within US are processed. But their dependents cases are still pending at the overseas consulates. Many of them were follow-to-join cases where the cases were filed after primary beneficiary got the greencard and they still use the 2001 PD. There are many such cases pending for consular processing. Though USCIS I-485 inventory only suggests 1100 cases before Dec 2001, there could be hundereds or even thousands pending in field offices or consular posts, hence EB-3 I dates aren't moving either.
meridiani.planum
12-14 12:33 PM
- Per my LCA; combination of education and experience is not acceptable. Does that mean my evaluation is of no use? And is this LCA good for me?
Its going to be very hard trying to evaluate a 3 year degree to a 4 year BSCS. You can atleast talk with the person recommended by CPUwiz and see what she thinks...
- If evaluation is using 6yrs of experience to make up for 2yrs of education; CAN I, still (also) show the same 6yrs of experience as job experience?
I doubt if this double dipping is going to work...
- I have another approved RIR (Approved Aug07). In worst case, can I use that RIR to file for new 140 to save my 485? Is there any time limit on RIR case too? Like using it under number of weeks/months?[/COLOR]
LCs expire 180 days after their approval, so you have until Feb next year with this LC. However from what I know you need an approved I-140 to interfile with an existing 485 case. dont know if you can interfile an I-140 which is still pending. talk to a good immigration attorney.
Its going to be very hard trying to evaluate a 3 year degree to a 4 year BSCS. You can atleast talk with the person recommended by CPUwiz and see what she thinks...
- If evaluation is using 6yrs of experience to make up for 2yrs of education; CAN I, still (also) show the same 6yrs of experience as job experience?
I doubt if this double dipping is going to work...
- I have another approved RIR (Approved Aug07). In worst case, can I use that RIR to file for new 140 to save my 485? Is there any time limit on RIR case too? Like using it under number of weeks/months?[/COLOR]
LCs expire 180 days after their approval, so you have until Feb next year with this LC. However from what I know you need an approved I-140 to interfile with an existing 485 case. dont know if you can interfile an I-140 which is still pending. talk to a good immigration attorney.
more...
alseethis
08-09 11:24 AM
Let the guy ask. I see a couple of times somebody asking a question, and instead of answering people ask to search at the forum first....
why not just respond if possible or just ignore. I think posting a reply to say to search first is not very usefull at all.
why not just respond if possible or just ignore. I think posting a reply to say to search first is not very usefull at all.
rbalaji5
02-20 05:26 PM
Or get the birth cert from Indian Embassy in US... They'll issue it based on her passport..
takes about 2-4 weeks... unless you can go and get it personally...
It is not a Valid Birth Certificate for USCIS
takes about 2-4 weeks... unless you can go and get it personally...
It is not a Valid Birth Certificate for USCIS
more...
drirshad
01-18 06:51 PM
BE HEARD - Thursday, January 18, 2007
http://hammondlawgroup.blogspot.com/
AILA has suggested two ways that everyone can let their voice be heard.
1. Flood congressional inboxes and phone lines: Take 30 seconds to send our pre-scripted CIR support letter to your senators and representatives, and then forward the link to all your pro-immigrant friends. Or pick up the phone and make a personal pitch in support of CIR to congressional staff. You will find the pre-scripted letter and phone numbers for congressional offices at our Congressional Action and Information Center at: http://capwiz.com/aila2
2) Talk to your elected officials: Attend a local town hall meeting and let your senators and representatives know you support humane and comprehensive reform. You will find a Town Hall Calendar at http://www.aila.org/content/default.aspx?docid=20340, and our Town Hall Tool Kit at http://www.aila.org/content/default.aspx?docid=20175
http://hammondlawgroup.blogspot.com/
AILA has suggested two ways that everyone can let their voice be heard.
1. Flood congressional inboxes and phone lines: Take 30 seconds to send our pre-scripted CIR support letter to your senators and representatives, and then forward the link to all your pro-immigrant friends. Or pick up the phone and make a personal pitch in support of CIR to congressional staff. You will find the pre-scripted letter and phone numbers for congressional offices at our Congressional Action and Information Center at: http://capwiz.com/aila2
2) Talk to your elected officials: Attend a local town hall meeting and let your senators and representatives know you support humane and comprehensive reform. You will find a Town Hall Calendar at http://www.aila.org/content/default.aspx?docid=20340, and our Town Hall Tool Kit at http://www.aila.org/content/default.aspx?docid=20175
coolpal
02-06 10:20 AM
We filed for 485 in 2007 july fiasco... and so far, we never received FPs for me or my wife..
my lawyer called the TSC a couple of times, and I called at least 3 times, and all the time, they say it is fine, and they will contact me if they need anything. We got our EADs and APs renewed as well, but never received FPs...
Every time I contacted them and explained the problem, they would open up a case to investigate and they send us letters a couple of months later saying my application is within the current processing times...
I am hoping this is only normal, and there are others out there in the same boat as mine...
Am I wrong in assuming so? Let me know if there is anything I should do?
pal :)
my lawyer called the TSC a couple of times, and I called at least 3 times, and all the time, they say it is fine, and they will contact me if they need anything. We got our EADs and APs renewed as well, but never received FPs...
Every time I contacted them and explained the problem, they would open up a case to investigate and they send us letters a couple of months later saying my application is within the current processing times...
I am hoping this is only normal, and there are others out there in the same boat as mine...
Am I wrong in assuming so? Let me know if there is anything I should do?
pal :)
more...
gogal
01-02 10:49 AM
It is said that 140 premium takes around 15 days... Is it true that, if there is any query during the premium processing, the 15 day count is not applicable.. I mean it goes back to the normal processing time in case of any query
WeldonSprings
10-14 12:30 PM
I have a few questions on using AP-
1. I have a valid AP till Jan. 04, 2009. I have applied for a new AP in Sept. last week. Can I travel on my current AP which is valid till Jan. 04, 2009 or will I have any problems with I-485, since I cannot travel on current AP, because I have applied for a new one.
2. Next, suppose I travel on my valid AP (the one till Jan. 04, 2009) in November first week and return on Dec. 10, 2008, what date will I get I-84 till? Will I get it till Dec. 09, 2009 or till Jan. 04, 2008. Ofcourse, the officer will stamp 'Parolee' on I-94, but till what date?
3. Have anyone had any bad experience, when boarding airlines at Indian airports, particularly Mumbai- Do they understand what AP documentation is, in lieu of the normal visa on passport?
Please let me know. Thanks in advance.
Renew you AP before Feb 25, 2009. You are usually paroled upto an year from the date of entry.
Yes you can file for AP your self, its as easy as filling out the form.
The stamps having nothing to do with the renewal.
1. I have a valid AP till Jan. 04, 2009. I have applied for a new AP in Sept. last week. Can I travel on my current AP which is valid till Jan. 04, 2009 or will I have any problems with I-485, since I cannot travel on current AP, because I have applied for a new one.
2. Next, suppose I travel on my valid AP (the one till Jan. 04, 2009) in November first week and return on Dec. 10, 2008, what date will I get I-84 till? Will I get it till Dec. 09, 2009 or till Jan. 04, 2008. Ofcourse, the officer will stamp 'Parolee' on I-94, but till what date?
3. Have anyone had any bad experience, when boarding airlines at Indian airports, particularly Mumbai- Do they understand what AP documentation is, in lieu of the normal visa on passport?
Please let me know. Thanks in advance.
Renew you AP before Feb 25, 2009. You are usually paroled upto an year from the date of entry.
Yes you can file for AP your self, its as easy as filling out the form.
The stamps having nothing to do with the renewal.
more...
engineer
07-16 01:57 PM
Today, I spoke to a USCI Agent and his supervisor at NSC about my case..
I quizzed them about July 2007 revised visa bulletin etc.
He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.
:-) May be NSC approves application :-) as practically NO ONE can stop them..
Again this is based on my call to actual live human being at NSC..
I quizzed them about July 2007 revised visa bulletin etc.
He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.
:-) May be NSC approves application :-) as practically NO ONE can stop them..
Again this is based on my call to actual live human being at NSC..
rkm
08-10 04:30 PM
Count Me Also, Please Include PD,RD and ND.
PD Mar 2006
RD 07/02/07
ND 08/31/07.
Poll result = 1 pending
Sorry - dark humor:D
PD Mar 2006
RD 07/02/07
ND 08/31/07.
Poll result = 1 pending
Sorry - dark humor:D
more...
Nitu Singh
06-12 07:31 PM
My 5th year on H1 will be completed in end of June 2007. I got my labor certification(EB-3) and I-140 approved and didn't apply for I-485. As my I-140 is approved, I recently applied for 3 year extension. The following are the few things I want clarify with you gurus:
1) Can I change the employer after I get my 3 year extension on H1 ?
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
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 ?
I really appreciate your valuable inputs and help me out.
Thanks a lot!
1) Can I change the employer after I get my 3 year extension on H1 ?
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
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 ?
I really appreciate your valuable inputs and help me out.
Thanks a lot!
go_guy123
05-17 07:09 PM
how convenient, she didnt need to pay or wait for CIR.
Some people are only too powerful and influential that others
Asylum is lot more easier. In fact citizens of Cuba just have to show up in US and they get GC. GC is infact easier for people from China as there is always an option to file for Asylum given the communist govt.
In this case, though Obama said that course of law will follw. But ofcourse USCIS wont
pursue the case agressively and give up ("throw the match") and not go for appeals etc.
Some people are only too powerful and influential that others
Asylum is lot more easier. In fact citizens of Cuba just have to show up in US and they get GC. GC is infact easier for people from China as there is always an option to file for Asylum given the communist govt.
In this case, though Obama said that course of law will follw. But ofcourse USCIS wont
pursue the case agressively and give up ("throw the match") and not go for appeals etc.
deecha
07-16 03:07 PM
Hi to all in this morass called Immigration to the USA,
#1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?
#2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....
Thanks !
#1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?
#2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....
Thanks !
GoneSouth
08-20 01:25 PM
I would just wait out the 6 months for AC21 to kick in, then go to work for a reputable company. There's no need to sign on with a dicey consulting shop once you've got your EAD and AC21 is in play.
Also, I believe the AC21 "same or similar job" constraint is more flexible than you're thinking. As long as you stay within the same o*net category (e.g., programmer or systems analyst or whatever), you should be fine. USCIS doesn't care whether you're a java programmer or a .net programmer. (But I am not a lawyer, you may want to clear any potential new job with a qualified attorney).
Also, I believe the AC21 "same or similar job" constraint is more flexible than you're thinking. As long as you stay within the same o*net category (e.g., programmer or systems analyst or whatever), you should be fine. USCIS doesn't care whether you're a java programmer or a .net programmer. (But I am not a lawyer, you may want to clear any potential new job with a qualified attorney).
cr52401
08-27 02:22 PM
My lawyer filed my Labor certification stating that the job requires 'BS degree in CS'. My labor got approved last month.
I hold a MS degree in CS and BS degree in Industrial Engg.
Now while I am about to file for I-140, I am getting information from various sources that my bachelor's degree has to be in CS, irrespective of holding a master's degree in CS.
Has anyone faced similar situation? How can I resolve this issue?
Please help as I almost spent 4 years in LC backlog queue!!!!!!!!
I guess you filed EB3. I was in same situation with BS and MS in Industrial engineering. my I-140 got approved a year ago without any problem. I am waiting for visa number ROW Oct2003. What is your PD?
I hold a MS degree in CS and BS degree in Industrial Engg.
Now while I am about to file for I-140, I am getting information from various sources that my bachelor's degree has to be in CS, irrespective of holding a master's degree in CS.
Has anyone faced similar situation? How can I resolve this issue?
Please help as I almost spent 4 years in LC backlog queue!!!!!!!!
I guess you filed EB3. I was in same situation with BS and MS in Industrial engineering. my I-140 got approved a year ago without any problem. I am waiting for visa number ROW Oct2003. What is your PD?
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