BharatPremi
11-05 09:54 AM
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gc28262
07-15 09:41 PM
Thank you GC28262,
I also presume that there is no need to file I-539 either. However, what would be the right approach here..
File for H4, while she continues to work on EAD. The benefit with this approach is that she would have a new I-94
OR
File for AP - but then she won't have a new I-94 till such time that she reenters US.
Please advice.
I am not a legal expert.
For one thing, nobody can have H4 and EAD together. When someone uses EAD, his/her H1/H4 is invalid. You need not worry about this. Myself and thousands of IV members are in the same situation. Once you are on AOS you need not worry about I-94.
The only way an AOS person can have an unexpired I-94 is when he/she maintains his/her H1B status also. A pure AOS person cannot have an unexpired I-94 all the time. So no need to be tense over this.
BTW my I-94 expired more than a year ago when I switched over to EAD.
I also presume that there is no need to file I-539 either. However, what would be the right approach here..
File for H4, while she continues to work on EAD. The benefit with this approach is that she would have a new I-94
OR
File for AP - but then she won't have a new I-94 till such time that she reenters US.
Please advice.
I am not a legal expert.
For one thing, nobody can have H4 and EAD together. When someone uses EAD, his/her H1/H4 is invalid. You need not worry about this. Myself and thousands of IV members are in the same situation. Once you are on AOS you need not worry about I-94.
The only way an AOS person can have an unexpired I-94 is when he/she maintains his/her H1B status also. A pure AOS person cannot have an unexpired I-94 all the time. So no need to be tense over this.
BTW my I-94 expired more than a year ago when I switched over to EAD.
sanju
02-06 10:28 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 :)
Hi pal,
Two things -
a.) If your priority date is current and you are EB2-India, then your priority date in your profile is incorrect. Could you please fix it, along with other data in your profile.
b.) Based on what you said, if I were you, I would take an infopass appointment at the nearest USCIS center for the entire family and speak with the IO face-2-face and ask this -
i.) My dates are current, how much time will it take to approve your application, and at what stage it is stuck?
ii.) You have not recd FP notice, is that ok?
I think IO officer will most likely print an FP notice right there, and that will bring up your file, if it is lying in some rubble. It would have someone look into your application.
Hope this is helpful!
.
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 :)
Hi pal,
Two things -
a.) If your priority date is current and you are EB2-India, then your priority date in your profile is incorrect. Could you please fix it, along with other data in your profile.
b.) Based on what you said, if I were you, I would take an infopass appointment at the nearest USCIS center for the entire family and speak with the IO face-2-face and ask this -
i.) My dates are current, how much time will it take to approve your application, and at what stage it is stuck?
ii.) You have not recd FP notice, is that ok?
I think IO officer will most likely print an FP notice right there, and that will bring up your file, if it is lying in some rubble. It would have someone look into your application.
Hope this is helpful!
.
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sankap
07-20 01:47 PM
If we register our marriage in the US, say, today, wouldn't that conflict with the marriage affidavits we submitted for H4 etc? Those bear the wedding's original date.
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newuser
05-30 12:35 PM
If I remember my Uncle's word correctly, it was Ted Kennedy who was instrumental in relaxing (changing) the rules for future immigrants in 60 or 70's. Only then, we saw a huge increase in immigrants from India especially doctor's and engineers in 60's & 70's.
senthil1
07-05 10:44 PM
Whatever the conditions put for immigration number of people to work in USA is increasing. Yearly there is 20 to 30% increase in F1 Visa for past 3 years . And 130k H1b applications also tells the story. Still USA is topmost market for India and China. USA depends on India and China. But opposite also true(India and China dependent on USA). The change of equation unlikely for many decades. Many European countries and Gulf countries are giving temporary visa and no green card. Still huge demand for working in those countries. Immigration is USA is for mutual benefit not just for country but also for immigrants. If dollar value goes down 20 rupees then outsourced jobs will come back to USA and Indian economy also will crash. So ,for developing countries welfare USA economy should be stable
Folks in Alipac are enjoying this news - they say such a thing is good for the country because Indians and Chinese won't come here anymore
They seem to be a bunch of chaotic confused folks and don't know what they want.
Folks in Alipac are enjoying this news - they say such a thing is good for the country because Indians and Chinese won't come here anymore
They seem to be a bunch of chaotic confused folks and don't know what they want.
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anandrajesh
11-26 02:35 PM
Thank you so much for your response.
So If I understand correctly I will have to staple the current I-94 (bottom part of I-797) from company C to my original I-94 in the passport i.e the I-94 I got at the time of entry (the one which has the company A info , I mean the type of visa , valid till etc.)
What abt the I-94 from company B(the one which I have the copy of) . Does it need to be stapled too while I am leaving US ? If yes, can I staple the copy ?
Thanks again for your time.
I was under the same situation as u are, when i left to india last month. I stapled all I-94 records together and gave it at the airline counter. It is Arrival/Departure Card and they need all the documents to document your status correctly.
As far as the Interview, I Carried current I-797 original for the interview and carried all copies with me. I had the copy of all approvals NOTARIZED by my Attorney.
The interview at the embassy was a breeze. No questions asked, none answered :)
So If I understand correctly I will have to staple the current I-94 (bottom part of I-797) from company C to my original I-94 in the passport i.e the I-94 I got at the time of entry (the one which has the company A info , I mean the type of visa , valid till etc.)
What abt the I-94 from company B(the one which I have the copy of) . Does it need to be stapled too while I am leaving US ? If yes, can I staple the copy ?
Thanks again for your time.
I was under the same situation as u are, when i left to india last month. I stapled all I-94 records together and gave it at the airline counter. It is Arrival/Departure Card and they need all the documents to document your status correctly.
As far as the Interview, I Carried current I-797 original for the interview and carried all copies with me. I had the copy of all approvals NOTARIZED by my Attorney.
The interview at the embassy was a breeze. No questions asked, none answered :)
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aguy
01-05 12:53 PM
The reason I ask is, someone sent me this from the NAFSA Adviser's Manual (2006 release) (check the last point) -
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
It is not clear if this is exclusive of 7.27.2.1. See me dilemma?
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
It is not clear if this is exclusive of 7.27.2.1. See me dilemma?
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iwantmygreen
08-06 06:27 PM
Besides LUD on my approved I-140 on 7/13/08 (approved in 2/06), there were LUDS on H1B(approved 3/03, extended 9/05) on 6/28/08 and LUDs on I-485 (filed on 07/02/07) dt 5/23, 6/18, 6/25/08. Anybody seen recent LUDs on I-140+I485+I-129 BTW my pd is 10/05, EB2i Still waiting for magic mail. May lady luck smile on us. I have LUD on 140 for 7-13, on 485 application for 08-04
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eb3_nepa
04-03 10:50 PM
DOS tried to update the system reflecting a big jump in the visa dates for May. The system was unused to any changes lately - leave aside such large forward movements - and as a result it crashed.
DOS managed to recover the system by replacing all date fields with character fields. The rumor is that the value for all those character fields is now "C", whatever that means.
Good one!! :)
DOS managed to recover the system by replacing all date fields with character fields. The rumor is that the value for all those character fields is now "C", whatever that means.
Good one!! :)
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gmail
12-21 12:31 PM
Hi,
In another thread, IV is proposing only pushing filing 485 before priority date. I try to understand what the benefits are by filing it. For one thing, you can switch jobs after 6 months? How about setting up your own consulting company?
Regards,
In another thread, IV is proposing only pushing filing 485 before priority date. I try to understand what the benefits are by filing it. For one thing, you can switch jobs after 6 months? How about setting up your own consulting company?
Regards,
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indyyy
07-18 10:10 AM
This is the website to check labor status at the BEC.
http://pds.pbls.doleta.gov/
My case was filed in Nov 2001. In Oct 2006, the DOL stated that they lost my case (I did not receive a 45 day letter). So my lawyer reconstructed my labor and filed it again as per DOL's instruction. I received a 45 day letter in Apr 2007 which showed my case no. Since then I have been checking the case status online.
http://pds.pbls.doleta.gov/
My case was filed in Nov 2001. In Oct 2006, the DOL stated that they lost my case (I did not receive a 45 day letter). So my lawyer reconstructed my labor and filed it again as per DOL's instruction. I received a 45 day letter in Apr 2007 which showed my case no. Since then I have been checking the case status online.
more...
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beautifulMind
02-23 04:41 PM
I successfully ported from EB3 to EB2 in the same company while on EAD
Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)
The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...
I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....
Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...
Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....
Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)
The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...
I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....
Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...
Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....
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eb3retro
05-10 08:00 PM
most likely, they are talking abt EAD.
BTW: Did you receive your EAD yet? If so was it 1yr / 2 yr duration?. Your's is an interesting case of being approved within 1-week (altough filed before 120 days of expiration and mailed at the wrong center)
yes, i did receive my ead card for 2 years renewed. here is the part that every one will be surprised and will like is that, this time, they gave my ead renewal starting from the date that it will expire this year. it usually used to be from the date they process the ead renewal application, in which case, we usually use some months since we will apply 2-3 months earlier. atleast this time, we are getting the bang for the buck, since i am reasonably confident that, i have atleast full 2 years of wait to receive my GC (my pd is jan 2003). keep in mind i am a highly optimistic person for the above confidence. though the reality is i may need to wait atleast 5-6 years before i get my GC. i am not kidding and i am serious abt this.
BTW: Did you receive your EAD yet? If so was it 1yr / 2 yr duration?. Your's is an interesting case of being approved within 1-week (altough filed before 120 days of expiration and mailed at the wrong center)
yes, i did receive my ead card for 2 years renewed. here is the part that every one will be surprised and will like is that, this time, they gave my ead renewal starting from the date that it will expire this year. it usually used to be from the date they process the ead renewal application, in which case, we usually use some months since we will apply 2-3 months earlier. atleast this time, we are getting the bang for the buck, since i am reasonably confident that, i have atleast full 2 years of wait to receive my GC (my pd is jan 2003). keep in mind i am a highly optimistic person for the above confidence. though the reality is i may need to wait atleast 5-6 years before i get my GC. i am not kidding and i am serious abt this.
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redddiv
06-29 02:16 PM
I asked this before but did not get any answer. Trying my luck again. I lost my OPT card and unfortunately have no records what so ever of it.
Is there a way I can get a copy of this from USCIS?
USCIS will not give you a copy.
OK There are two places you can find your OPT CArd.
1. International Students Office of your College (if you had given thema copy, most likely).
2. The company that you were employed during OPT(Definitely they take a copy of this OPT Card. Check with them.)
Hope you will find Luck with this.
Is there a way I can get a copy of this from USCIS?
USCIS will not give you a copy.
OK There are two places you can find your OPT CArd.
1. International Students Office of your College (if you had given thema copy, most likely).
2. The company that you were employed during OPT(Definitely they take a copy of this OPT Card. Check with them.)
Hope you will find Luck with this.
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vsrajesh
02-20 06:19 PM
"The new company should first apply H1 for 3 years based your current approved I-140"
Can someone pl clarify whether a "new company" can get a H1 extension for 3years based on an approved I-140 from "current company" (after 6 years completed on H1).
It is clear that "current company" can get H1 extension for 3years based on an approved I-140 and a "new company" can transfer it, but is it possible for "new company” to get a 3 year H1 based on approved I-140?
If yes, does the “new company" have to wait for H1 quota OR it doesn't come under H1 Quota?
Thanks
Can someone pl clarify whether a "new company" can get a H1 extension for 3years based on an approved I-140 from "current company" (after 6 years completed on H1).
It is clear that "current company" can get H1 extension for 3years based on an approved I-140 and a "new company" can transfer it, but is it possible for "new company” to get a 3 year H1 based on approved I-140?
If yes, does the “new company" have to wait for H1 quota OR it doesn't come under H1 Quota?
Thanks
more...
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hellomms
05-27 03:29 PM
Guys, I have added information in the original thread, please refer to the link below and add your questions, concerns or comments there.
http://immigrationvoice.org/forum/showthread.php?t=18853&page=16#post251110
http://immigrationvoice.org/forum/showthread.php?t=18853&page=16#post251110
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lj_rr
07-30 10:55 AM
Any response?
This is what the FAQ says
"Q5: Where should employment-based adjustment applications be filed?
A5. Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007."
Though it says Nebraska Service Center or the Texas Service Center there is also an additional clause "Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007". ANd according to that update CA residents should file at Nebraska.
This is what is confusing me.
This is what the FAQ says
"Q5: Where should employment-based adjustment applications be filed?
A5. Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007."
Though it says Nebraska Service Center or the Texas Service Center there is also an additional clause "Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007". ANd according to that update CA residents should file at Nebraska.
This is what is confusing me.
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here4gc
02-29 12:05 PM
Chantu,
what is your PD ?
what is your PD ?
eb3retro
09-08 07:42 PM
Welcome to IV Immiram..
Hi all,
I know the Forums are still pretty active but is the IV Organisation itself still active?
I came across the IV website yesterday and was really stuck by the mission statement of the Organisation. I did not think twice - went ahead and got registered and made one time donation. I even voted for one of the polls for Sep 18 rally and making plans to visit DC but only to realise today that it was really old one :) Also when I was reviewing the forums today I realised that most of the activities seem to be around years 2006-2007 - like Fundraising Campaign or Media News ,etc.
Appreciate anyones response to let me know if IC is still active. Please do not direct any personal attacks. I did not need to explore GC info so far since my GC was started only during March of 2010 & got my Lc approved only yesterday.
If the organisation is still active, I am looking forward to joing the CT chapter. Thanks!
Hi all,
I know the Forums are still pretty active but is the IV Organisation itself still active?
I came across the IV website yesterday and was really stuck by the mission statement of the Organisation. I did not think twice - went ahead and got registered and made one time donation. I even voted for one of the polls for Sep 18 rally and making plans to visit DC but only to realise today that it was really old one :) Also when I was reviewing the forums today I realised that most of the activities seem to be around years 2006-2007 - like Fundraising Campaign or Media News ,etc.
Appreciate anyones response to let me know if IC is still active. Please do not direct any personal attacks. I did not need to explore GC info so far since my GC was started only during March of 2010 & got my Lc approved only yesterday.
If the organisation is still active, I am looking forward to joing the CT chapter. Thanks!
mattresscoil
11-05 02:29 PM
I find it difficult to digest that parents ship their infant children to someone else to raise.
Shantanup:
Circumstances my friend...Circumstances
1. Either you dont have kids to understand
2. Or you are blessed/lucky enough to have great circumstances to raise your kids personally.
You have expressed your feeling that it is difficult to digest and I respect it. Thanks for voicing your opinion which BTW did not give me any information on what documents are required. Others have responded, Thanks to the responders and you too Shantanup!
It helps the situation when one asks for a question and one is able to answer instead of voicing ones own personal problem/opinion. Anyways I wish all well to you and hope you never have to ship your kids!!
Best Wishes, Mattresscoil!!
Shantanup:
Circumstances my friend...Circumstances
1. Either you dont have kids to understand
2. Or you are blessed/lucky enough to have great circumstances to raise your kids personally.
You have expressed your feeling that it is difficult to digest and I respect it. Thanks for voicing your opinion which BTW did not give me any information on what documents are required. Others have responded, Thanks to the responders and you too Shantanup!
It helps the situation when one asks for a question and one is able to answer instead of voicing ones own personal problem/opinion. Anyways I wish all well to you and hope you never have to ship your kids!!
Best Wishes, Mattresscoil!!
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