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ssg.gcl

10-12 04:31 PM

I have a EB2 labor that is approved from BEC. But i have already applied 140 and 485 using EB3 labor and both are pending. Now I am planning to interfile 485 once my old 140 approves.

My question is does my labor expire, If I dont use it to file 140.

Thanks for your advice.

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krish2006

04-19 11:51 AM

Is it possible to extend H4 status after using EAD for a person whose I-485 pending in derivative status.

I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
It seems to discuss reg. using AP to enter the country and maintaining H status.

Not sure if anyone here has done the extension of H4 after using EAD.


Cronin memo:

Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)

Appreciate any comments reg. this,

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Blog Feeds

03-29 07:50 AM

Released: March 17, 2011

WASHINGTON�In light of the recent earthquakes and tsunami in Japan, U.S. Citizenship and Immigration Services (USCIS) reminds Japanese nationals of certain U.S. immigration benefits available upon request.

USCIS understands that a natural disaster can affect an individual�s ability to establish or maintain lawful immigration status. Temporary relief measures available to eligible nationals of Japan may include:


The grant of an application for change or extension of nonimmigrant status for an individual currently in the United States, even when the request is filed after the authorized period of admission has expired;
Re-parole of individuals granted parole by USCIS;
Extension of certain grants of advance parole, and expedited processing of advance parole requests;
Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and lawful permanent residents (LPRs);
Expedited employment authorization where appropriate; and
Assistance to LPRs stranded overseas without immigration documents such as Green Cards. USCIS and the Department of State will coordinate on these matters when the LPR is stranded in a place that has no local USCIS office.
Visitors traveling under the Visa Waiver Program may visit a USCIS local office (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e39c0b89284a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=e39c0b89284a3210VgnVCM100000b92ca60a RCRD) for assistance. Japanese nationals who are at a U.S. airport may contact the U.S. Customs and Border Protection office there.
For more information on USCIS humanitarian programs, visit www.uscis.gov (http://www.uscis.gov/) or call the National Customer Service Center at 1-800-375-5283.









Last updated:03/17/2011




More... (http://ashwinsharma.com/2011/03/21/uscis-reminds-japanese-nationals-impacted-by-recent-disaster.aspx?ref=rss)

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cygent

02-01 04:53 PM

Hi Terpac,

Is this EB2 or EB3? How many yrs. experience did you have when filing for labor?
Which center filed NSC or TSC?

Please consult your attorney, or also try www.thedegreepeople.com

Do post/update your situation here to help the rest of us.

Thank You!

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ksvreg

03-15 09:10 PM

IN THE CURRENT SITUATION/TREND,

- USCIS throwing RFEs on H1 transfers
- Beware of 140 revocation by your employer though it is not valid. But will put you in mental stress
- Make sure your new position duties and its description and slaray are similar.

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deecha

11-25 03:58 PM

Basically, I think your labor can be re-appealed but it is a waste of time. It's better to work with your lawyer and get the job duties tick and tied with the paper filing. Nowadays there are lots of audit in the PERM system.

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Waitingnvain

10-23 05:15 PM

Hi Folks:

Is there a time limit for one to travel on Advance Parole. I was told that if a person travels abroad and intends to enter using AP, the maximum time allowed is 6 weeks, is this true?

Thanks

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No Trust

jthomas

05-15 01:20 AM

If you are in Eb1 you should get your GC soon.

If your profile is incorrect please correct it.

If you have a EAD and AP, AP is allowed for emergency. With a GC you an file a form for extended vacation

J Thomas

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shruthii_1210@yahoo.com

10-09 04:42 PM

That is what , i don't have any information with me about I140 except the fact that it got approved one year ago and now i applied 485 and got EAD cards also.

IS there any way to get when both employer and attorney is not willing to give it to me ? Or is it really required ?

I dont even have the receipt number.

my point is UCSIS know about approved I- 140 bcz they approved it. Also i am hoping my attorney added some information about the I-140 in my I485 when he applied.. Is that correct ?

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gccovet

10-31 08:59 AM

In my opinion,
Once a person starts working on EAD, his H1 status becomes void. I have read in forum that people still switch from EAD to H1, but I am not entirely sure on that one.

But here is what your friend need to do:

All who are planning to use AC21 or already switched job using AC21 (using EAD). Following is very important:

If you think you are immune, think twice, especially if you are making an investment (American Dream) by buying house, please read the following, help keep your dream intact....


check out http://immigrationvoice.org/forum/showthread.php?t=22182

We request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent � all you have to do is download following 4 google documents � add the date, your name and address � and send it to the address provided on each letter.

http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c

http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb

http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr

http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw

To reiterate: You have to send 4 letters � these letters can be downloaded at the above URL�s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.

To get more background on this issue and see what has been done so far, please see these two threads:
http://immigrationvoice.org/forum/sh...d.php?t=22052;
http://immigrationvoice.org/forum/sh...ad.php?t=21716

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tillu

04-02 02:27 AM

Can someone help??
Where are the guys who can reply this.

Please reply before it is too late for me.

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masterfender

04-28 03:19 PM

Received the RFE today. It was asking for my birth certificate copy & translation. My lawyer says this is very common. For me this is stupid, they already got my birth certificate copy and the translation.

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leoindiano

07-23 11:17 AM

If someone dont get an LUD, he may still get GC. LUD does guarantee that someone touched your case. From , it appears most guys got GC without LUD's.

So, please dont panic if you dont get an LUD.

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roseball

06-27 01:23 PM

Yes, go ahead and upgrade your pending H1 extension to premium processing. As per the law, USCIS can deny your H1 extension if a 485 is pending at the time a decision is taken on the H1 extension petition...This is a possibility only if they check if a 485 is pending while they adjudicate your extension petition.....

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GC Struggle

04-09 09:23 AM

NSC is going very tough on A2P issues. I have had a A2P issues on my 140 with Nebraska. Suggest you hire a good attorney and you can resolve this in your favour. PM me if you need any additional information.

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acecupid

09-20 01:57 PM

I am going out of country for 8 weeks, do you think i can move to state minimum insruance during this period and save some money ?

Please provide your valuable opinion.

Thanks

You can definitely save money by doing that. I had to keep my car in storage for an extended period when I was away and I just kept the comprehensive part of the insurance coverage and removed all others including collision since I was not driving it. The cost of insurance with out the collision, etc. is very low.

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bayarea07

07-09 04:54 PM

Hello All,
I have couple of questions regarding Travel Document or Advance Parole.

My EAD has already been filed by my Lawyer but she is charging too much for filing Advance Parole or Travel Document,so here goes my questions.

- Is there a way to file for Travel Document myself, without involving the lawyer and if yes how can i do that

- Do I need to wait for my EAD Receipt being sent to me before filing for Travel Document.

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ebizash

06-05 09:06 PM

Why do you need a signature from anyone in your company (or ex-company) on your 485. I-485 is your application and your employer has nothing to do with filing it.

Are you talking about I-140 by any chance?

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sauravpaira

02-27 12:21 AM

Hi,
I am (L1 B) in US since April 2008 with my wife (L2). Our I-94 and VISA expired on Oct 08. Before expiration my company applied for the extension of L1 (I-129). The status changed to "Request for RFE" on Feb 09. Got the RFE with 11 questions yesterday. The questions asked were more about my specialty, my company and the clients contract, other fellow aliens from my company working for the client's status and profiles. So now not sure what my company will do with the RFE.
My questions are -
1. If my company withdraws the L1 Extension petition, then how many more days I will be able to stay in US legally.
2. My wife is currently 22+ weeks pregnant, will US Govt consider anything for her medical situation?
3. Whats the possibility that VSC will accept the extension if we send the answers to the RFE?
4. If the petition is denied, then how many more days I will be able to stay legally?

I would appreciate if anybody can answer my questions.
Thanks in advance.
Saurav

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testsite

11-03 10:26 AM

Does anyone know how receptive the ASC in Boston is to FP walk-ins? Also, is there ANY way of calling ahead of time and finding out if they accept walk-ins?

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gcwait2007

03-28 04:32 PM

I got a LUD today filed 7/11/2007 NSC

what is your category? EB-2 or EB-3? Thanks in advance.

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ShilpaT

11-20 02:47 PM

My company had promised that they would start my GC processing once I complete a year which was in March 2009. Since then they have been going back and forth with the lawyers writing the job description to post the job ad.

The lawyer tells us that the department of labour has tightened up the process and so the job description needs to be very generic with minimum number of years of experience(2 for a sr. software engineer) and this has caused a lot of controversy that this will cause an audit and so on and forth.

I am sure there are many other people out there who are applying even now. I do not know if its the lawyer or the company that is causing an issue here.

My only option would be to search for another job who will do my GC. But i dont have so much time left for all that.

What can i do?

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waiting for GC2010

11-18 12:01 PM

is it? I am not aware of this.Anyways thankyou fide_champ.

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gcseeker2002

01-07 10:28 AM

Like many others we have been waiting for our AOS application to be approved for over 2 years. But the strange thing is, I did get an EAD approved but they never called me in for fingerprinting and Biometrics. I know I had to do the non-immigration "registration" that was initiated a few years ago and they had taken my fingerprints and biometrics, is that why they didn't call me in again? since they already have it?
Good to know this !

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singhsa3

12-13 12:55 PM

They do keep record of when you called and what did you call about. I can tell that from personal experience.
In my case , I called them about Name Check and I was told that I called them earlier asking the same question and was asked to check back when 120 days are over.

This was the first time I called up the USCIS help desk (1-800-375-5283) to find about AC21 180 days rule, when she asked what is this for I informed for change of employer.
I would like to know if that statement would be noted and would it create me any problems in future, as of now I don�t have any plans to change employer.
Any suggestions are greatly appreciated.

My Case Details:
PD: EB2- 2006.
I-140 Cleared.
EAD: Received.
FP: Completed

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AllIzzWell

05-03 10:39 AM

Hi Gurus,

My wife has her H4 Visa stamp until 1st Oct 2010. She is in India. I am planning to visit India and travel back with her. If my visa gets stuck in "Admin Processing" will my wife be able to travel back on her valid H4 Visa.

She has to travel back due to some personal reasons.

Please advise.

Thanks

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Roger Binny

02-09 03:55 AM

Sorry to hear the situation.

As you know if you can find another job based on H1 then no problem in porting your H1 to a new employer,now being in feb april is 50 days away so hope for best.

In this situation, yes, legal advice is preferred, relying info on the forums is never a right idea when it comes to a situation where stakes are high.

If there is any option of changing to H4 now and switching back to H1 later and pick the GC process where it was left before then that would be an ideal scenario, only an experienced attorney can answer this, hence the legal advice option.

Compared to H4, over stay may cause more trouble for now and later in AOS.

PS: My 2 cents and i'm not an attorney.

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pd_recapturing

06-17 09:17 PM

Hi guys, I have a unique situation, thanks to july visa bulletin. I have a EB3 labor and I 140 approved with the PD as May 2004. Recently I applied EB2 PERM in order to port the PD from EB3 to EB2. My EB2 perm is approved now. Now, I am in dilemma to choose between EB2 and EB3. I can apply EB2 I 140 and I 485 concurrently (by assuming that they will port the PD) or I can apply I485 (for previously approved EB3). Please suggest as to what route I should take.

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abhis0

09-12 01:48 PM

I have no news yet about my 2 July applications.

nkavjs, I am with you brother.

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[uber]

04-09 03:47 AM

and yes i separated it...


i got this idea from the ipod chicken sandwhich thread

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loudobbs

08-28 04:56 PM

Hi
I am planning on using AC21 to switch employers. since it says that the new job should be in the same job classification, how do I know what classification my labor was approved in? I have a copy of the approval notice and under occupation it says consultant and it has the following code after it:
189167030. anybody knows what this code means or how I can find out my jobe code?

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optimist578

10-17 07:37 AM

I am in the same situation as thesaintmav. My priority date is Mar 03.
I am really curious to find out more about the conversion process from EB3 to EB2, especially, whether it can be done staying in the same company.

Waiting for the EB3 pointer to move from Apr 01 to Mar 03 might take ages, I would guess at least 1 to 1.5 years - given that the EB3 visas are retrogressed in "all categories" - not just India or China.

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raysaikat

08-22 11:58 PM

I entered on a H4 on my New Zealand passport and it is valid 2010. I now have a H1B ie a I-797A and a new I-94 that is also valid till 2010. I'm leaving the country for the first time to go to Australia.

Do I need to get a new visa stamp for my passport?

If you want to enter US as an H1-B, you will need an H1-B visa stamp on your passport.




If I need to get a new visa stamp, do I need to go back to New Zealand or can I do it in other countries?


You can do that from any consulate. However, note that there is a possibility that the IO will need a so-called "security check" which takes 2-3 months (and sometimes, years). In that case, you will be stuck outside US (you cannot get back to US while the security check is pending). So it is advisable to go to a country where you have a place to stay for a long time, if needed. For most people, it is their home country. Also the chances of getting a security check is higher if you go to a consulate other than the consulate in your home country.


Can I travel with my passport which shows the H4 visa and carry with me my I-797A and new I-94 to re-enter the country?

Thanks

You can, but then your status will be H4 and you will not be able to work. The principle is that your status is determined by the latest I-94 you receive. To work on H1-B, your latest I-94 (the one you got it while entering US or as attached with the I-797 form) must be for H1-B (the visa status is written on the I-94).

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gc_user

11-27 09:29 PM

My husband has a unique experience with his I 485.My husband's employer filed I 131 ,I 485 for my husband and I 131,I 485 and I 765 for me on august 16.I recieved my receipts on october 16 and got my EAD approved on November 16. My husband didn't receive even receipt notices.

When he called UCSIS and checked on his status with level 2 officer, they told that they did not have any info on I485 but voided his I 131 application. He is planning on reapplying for I485.

Is there any downside of reapplying it as our priority date is september 2003(EB2).

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eadguru

10-04 11:34 AM

My self and my wife both are on H1B. Both are working for different companies.

I filled I 485, EAD and AP through my company, for my self and my wife.

Questions:
1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?

2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.

Your help will be really appreciated. :)

EadGuru

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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. ;);)

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mdb1776

06-23 06:13 PM

Hello All,

Need you guys expert advise on a problem that I have just found.

I was on L1 since 2007 and in 2008 got my H1B visa done. Since I was in the US during september and october 2008, I changed my company who held my H1B as of 1st October,2008. I dont have an H1B stamp on my passport as I have not been out of the US.

It was only yesterday that I realised I had a I-797B approval notice, which from what I read yesterday, means that I have a petition approved but without I-94.

Now my L1 I-94 on my passport is valid till November 2010.

Need your help to understand if I have an issue here for the fact that I have worked with my employer who holds my H1B for the past 9 months.

If so what are the challenges that I have and the solutions for them.

Also has anyone been in the same situation.

Would greatly appretiate your help in this.

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arya_322

07-24 03:23 PM

I entered US last december 2007 with a visitors visa,allowed me to stay for 6 mos.,last march 2008 I married my fiance who has a H1b visa and is working right now here in the US and last May 2008 I Applied for a change of status from visitors to H4 dependent..Until now the case is pending but right now we had a family crisis back home and I have to go back home asap...what will happen with my application if I go home...Will I still be able to come back here and will I be out of status if I leave my pending application here???

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nath.exists

11-02 11:26 AM

Hi Tharu,
I am in the same boat as you. i.e. My wife's place of birth is a country where the visa numbers are still available . I am trying cross chargeability. She is still not in USA yet. we both can exchange info. if you would like.Thanks.

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InTheMoment

04-27 11:10 AM

Hey Congratulations Panama !

A week's time after approval is a good estimate for receiving the cards in the mail. So expect them by April 30 :)

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Counterproductive

10-28 09:09 PM

No need to say sorry to me, I was just pointing it out.
Don't really know how popular it was, it might not be an issue.
But just to be safe you might want to change it.

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krishna_brc

07-28 02:49 PM

Just to let everyone know if any of you encounter the same issue -

called up USCIS Customer Service and spoke to them about this error. They said to mention this in the Cover Letter (When I send the supporting docs) as a mistake that happened while filing the EAD and what the correct answer should be. They said it'll be then taken care of.

Am going to do accordingly!
Thanks

I did some what similar mistake and explained the same in Cover Letter while sending the supporting documents.
Got my approvals also.

Thanks,
Krishna

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averagedesi

06-20 04:45 PM

Here is an excerpt from the link below.. it sounds crazy

"Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses. "

I hope this doesnt happen.

http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument

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gcpool

02-03 11:14 AM

Currently there are a lot of RFE's and renewal denials when they try to renew onsite. So they have been asked to go back to get renewed and once its successful, they come back. They are just being cautious.

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andy garcia

05-22 05:11 PM

Hello

I am a physician who is doing his residency on H1b. My wife has applied for green card with a priority date 4/2004 (employment based category 3). I have applied for my green card with her. Now we are in I 485 stage.

NOw that the way dates are progressing it seems it will take a while for her date to become current for EB3. I was wondering if I apply for green card when I finish my residency, can I recapture the priority date?

I'd appreciate your help. Thank you

can I recapture the priority date?
NO

PD are attached to either a Labor Certification or a I-140. It has to be your own LC or 140 in order to transfer the PD.

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shreekhand

08-07 04:06 PM

Wondering if you just called to ask the status or was there any other ruse ?

Good that you straight away got to know about your NC clear status.

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nixstor

08-23 11:10 AM

Address change (AR-11) has to be filed irrespective of whether your GC is in process or not. Even International students have to file AR-11.

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PavanV

01-16 11:38 AM

Not sure what your intent is ?, this is a immigration site, you have a green card, and you are asking if it is worth to live here anymore ? are you trying to dissuade people from immigrating ?:eek:

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maverick80

02-11 06:40 AM

I was talking to an attorney over the phone today and she said that PERM can be filed followed by 140 even if I am outside the country (working for an overseas department of the company) and I can come back on L1 / H1B, because GC is for future employment.

We were discuussing this because I was concerned that I may not be able to file H1 extension if the PERM is not filed 365 days before H1 extension.

This would be totally awesome coz I would love to work in some other country for a while.

Is this really true? (seems too good to be considering that everything else seems stacked up against us). Oh, if it matters to the discussion: I'm in EB2/India/retrogressed ad infinitum.

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Dolly20

10-25 09:53 PM

Hi!
My H1B was filed on April 1st 2007 at Vermont Service Center while i was in India and got selected in the lottery. I came to US on May 13th on H4 visa (I 94 valid till July 18, 2008) and still my papers were under process.
On June 1st, 2007 the approval notice was sent to my employer.
Oct 1st, 2007 they applied for my change of status and on 19th it was returned back as a check for 500$ was not included.

Kindly let me know if we could go for a H1B Transfer and change of status simultaneously with a new employer.

Within what time line i need to apply for the same.

Thanks,
SV

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pal351

03-10 04:01 PM

Hi All,

I have recently applied for my wife's EAD to Phoneix Lock box and got the Receipt from NSC with the LIN number. RD: 02/25/11 and ND:02/28/11. Check also got cashed. I tried to access that receipt number in USCIS case status website online to get the status yesterday 03/09/11; it says the case number is not found. I am sure I typed the correct receipt number. Any idea what could be wrong? Has anyone experienced this before? Should I contact the customer service? Please help me.

Yes, It took about week to update and show up online status.. don't worry!

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