gc_chahiye
08-29 05:10 AM
Eligible for 3 years if I140 is approved and you can't file I485 because of retrogression. But you said , you had already filed I485. I doubt you are eligible for 3 year extension.
thats not how USCIS interprets this (see the FAQ they released recently). They will give you a 3 year extension if 485 cannot be APPROVED because PD is not current, not only in the case where 485 cannot be FILED.
The wording of AC21 is a bit vague (3 year extension eligibility once 485 is filed) but USCIS interpretation has been clear until now in what they have been doing, and with the FAQ they even put it in print!
thats not how USCIS interprets this (see the FAQ they released recently). They will give you a 3 year extension if 485 cannot be APPROVED because PD is not current, not only in the case where 485 cannot be FILED.
The wording of AC21 is a bit vague (3 year extension eligibility once 485 is filed) but USCIS interpretation has been clear until now in what they have been doing, and with the FAQ they even put it in print!
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sidshar
05-15 04:21 PM
Capriol,
Thanks and I think I got lucky. But does it mean that spouse case is not linked to my case?
Thanks and I think I got lucky. But does it mean that spouse case is not linked to my case?
needhelp!
11-12 03:47 PM
for the member who helps us complete our first century..
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thomachan72
11-04 04:02 PM
In this scenario, you can apply for H1 extension with Company B using approved I140 of company A.
So hypothetically:
person has approved 140 from comp-A but moves to comp-B
A revokes the H-visa and 140.
The person can still extend for 3 years, through B using the approved 140 (from A).
This can continue till the day the persons PD becomes current?
It makes sence because once the 140 is approved and 485 is not yet applied for, there is essentially "no application pending" for this person on which they can issue and RFE, right?
However, when he tries to extend using the older (comp-A) 140, cant the CIS issue and RFE for evidence from comp A that they still intend to hire this person in future??
So hypothetically:
person has approved 140 from comp-A but moves to comp-B
A revokes the H-visa and 140.
The person can still extend for 3 years, through B using the approved 140 (from A).
This can continue till the day the persons PD becomes current?
It makes sence because once the 140 is approved and 485 is not yet applied for, there is essentially "no application pending" for this person on which they can issue and RFE, right?
However, when he tries to extend using the older (comp-A) 140, cant the CIS issue and RFE for evidence from comp A that they still intend to hire this person in future??
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dealsnet
02-23 03:13 PM
She can't renew her H1B after 6 years. She can work using EAD or choose not to work. No need for H4 also. If you want a cover for you, she need to file PERM for her to start a process for her. No other way for cover. If you work for sponsoring employer, your H1B is still valid, eventhough you enter with AP.
Hi,
1. I have my I-140 approved, applied for I-485 and have EAD/AP
2. Spouse has her own H1-B, and applied for I-485, based on my I-140, and has EAD/AP
3. Both have 6 years of H1-B expiring later this year (both from different companies)
I can extend my H1-B based on pending applications.
QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?
My present H1-B expires in November, but I will probably get my new H1-B renewed by June. I intend to travel in September. I don't intend to go for visa stamping and not use my AP. This is because I have a valid stamp until November.
Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?
Thanks.
Hi,
1. I have my I-140 approved, applied for I-485 and have EAD/AP
2. Spouse has her own H1-B, and applied for I-485, based on my I-140, and has EAD/AP
3. Both have 6 years of H1-B expiring later this year (both from different companies)
I can extend my H1-B based on pending applications.
QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?
My present H1-B expires in November, but I will probably get my new H1-B renewed by June. I intend to travel in September. I don't intend to go for visa stamping and not use my AP. This is because I have a valid stamp until November.
Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?
Thanks.
STAmisha
07-27 10:10 AM
Thanks.
But here is my situtaion
My company filed 140 (say 1st I-140 ) and 485 in july 2007 (no receipt yet) on a substituted Labor.
Now my original labor is approved. Now I want to file 140 (and 485 if possible) on this labor. Let us call this I-140 as 2nd I-140
Oprion 1
Cancel the 1st 140 and 485 which is applied on LC substituion and File 2nd 140/485 on my own LC
Options 2
Apply 2nd 140 on my original labor and cancel 1st 140 which was filed on my substituted Labor and keep the existing 485
option 3
keep 1st 140/485 which was applied earlier.
Apply 2nd 140 on original LC before Aug 17 and if I run into problems (RFE) with the 1st 140 (based on substituted LC), change the underlying 485 to 2nd 140
option 4
keep 1st 140/485 which was applied earlier.
Apply 2nd 140 on original LC after Aug 17 and if I run into problem with the 1st 140, change the underlying 485 to 2nd 140 even if PD is not current.
Please advice whether all these options are Do'able and which is better
But here is my situtaion
My company filed 140 (say 1st I-140 ) and 485 in july 2007 (no receipt yet) on a substituted Labor.
Now my original labor is approved. Now I want to file 140 (and 485 if possible) on this labor. Let us call this I-140 as 2nd I-140
Oprion 1
Cancel the 1st 140 and 485 which is applied on LC substituion and File 2nd 140/485 on my own LC
Options 2
Apply 2nd 140 on my original labor and cancel 1st 140 which was filed on my substituted Labor and keep the existing 485
option 3
keep 1st 140/485 which was applied earlier.
Apply 2nd 140 on original LC before Aug 17 and if I run into problems (RFE) with the 1st 140 (based on substituted LC), change the underlying 485 to 2nd 140
option 4
keep 1st 140/485 which was applied earlier.
Apply 2nd 140 on original LC after Aug 17 and if I run into problem with the 1st 140, change the underlying 485 to 2nd 140 even if PD is not current.
Please advice whether all these options are Do'able and which is better
more...
amitjoey
08-23 10:40 AM
I do not understand what the need is to change to F1. One can do Masters while on H4. If you are thinking she needs OPT to work after Masters, It is a 2 year course, right?. You can decide after 1-1/2 yrs if you want her to move to F1.
2010 This animated wallpaper
lostinbeta
10-05 04:08 AM
That sucks about the comp not being able to take it. I know what that is like all too well.
I have been using Photoshop since April 2001. I started with Photoshop 6 and now I have 7. It sometimes lags on me when I create large 1024x768 wallpaper images and such.
I have been using Photoshop since April 2001. I started with Photoshop 6 and now I have 7. It sometimes lags on me when I create large 1024x768 wallpaper images and such.
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kiran_k02
07-14 01:27 PM
Anyone travelled recently through Germany (Frankfurt) using Advance Parole? Any issues with Advance Parole while coming back to US? Do we need transit visa? Appreciate your response.
Please visit the old thread, you will find lot of information about this issue.
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/25671-transit-visa-at-frankfurt.html
Also take a printout of the information from the Website (http://www.germany.info/Vertretung/usa/en/04__Legal/02__Directory__Services/01__Visa/__Transit__Country__List__Visa.html) (German Consulate Website).
I hope you have already searched the threads for the information you are seeking and then proceeded to post your issue.
I don't know IV policy but if we have an existing thread then please re-ignite the thread by posting your concerns which are missing from the posting. This way we can have single thread for single piece of information. Right now we have scattered threads for unique issues, same information gets repeated several times.
Anyway have a nice vacation, don't worry too much about it.
Please visit the old thread, you will find lot of information about this issue.
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/25671-transit-visa-at-frankfurt.html
Also take a printout of the information from the Website (http://www.germany.info/Vertretung/usa/en/04__Legal/02__Directory__Services/01__Visa/__Transit__Country__List__Visa.html) (German Consulate Website).
I hope you have already searched the threads for the information you are seeking and then proceeded to post your issue.
I don't know IV policy but if we have an existing thread then please re-ignite the thread by posting your concerns which are missing from the posting. This way we can have single thread for single piece of information. Right now we have scattered threads for unique issues, same information gets repeated several times.
Anyway have a nice vacation, don't worry too much about it.
hair Summer Beach Wallpaper I
tradahoo
05-29 03:43 PM
Hello,
My PERM case was filed on mid-May and got audited on May 28.
Will it be appropriate for me to join you all for the complaint or if my case is too recent?
Thanks.
My PERM case was filed on mid-May and got audited on May 28.
Will it be appropriate for me to join you all for the complaint or if my case is too recent?
Thanks.
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sid_das
04-21 06:34 PM
hey starscream
- What was the RFE about?
In the RFE they asked for end client letter, w2 , tax retrns for last 3 years and a bunch of stuff from my company. All the necessary documents were provided. In the denial they said that all documents were in order but that they didnt prove my specialty occupation.
- Are you employed by a consultant or employed full-time at a company's location?
I am employed by a desi consulting company.. and i have been in a job continously since jan 2006
- Did your employer have any profit isseus / layoffs reecently?
No
- Is your employer TARP funded?
No
- Do you have your EAD?
No , i just completed 3 years of H1. i was planning to become fulltime and start GC before the economy went downhill.
Do you have any info if i can appeal and file another h1 thru another employer at the same time? because i do have a project that is long term...
its driving me crazy....:(
- What was the RFE about?
In the RFE they asked for end client letter, w2 , tax retrns for last 3 years and a bunch of stuff from my company. All the necessary documents were provided. In the denial they said that all documents were in order but that they didnt prove my specialty occupation.
- Are you employed by a consultant or employed full-time at a company's location?
I am employed by a desi consulting company.. and i have been in a job continously since jan 2006
- Did your employer have any profit isseus / layoffs reecently?
No
- Is your employer TARP funded?
No
- Do you have your EAD?
No , i just completed 3 years of H1. i was planning to become fulltime and start GC before the economy went downhill.
Do you have any info if i can appeal and file another h1 thru another employer at the same time? because i do have a project that is long term...
its driving me crazy....:(
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cdeneo
01-05 04:45 PM
That is one option but given that I am not on H1 and nor with the same employer - it may not be the way to go. This is something I am going to look into and have an attorney weigh in on. Thanks!
If she has the H4 stamped, with the validity 06/09 then she can enter using the H4.
my 2 cents.
If she has the H4 stamped, with the validity 06/09 then she can enter using the H4.
my 2 cents.
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gbof
05-10 08:58 PM
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.
That is a good thing... Anyway, this evening i got mail (n txt msg too) for my approval/card production. It took exact4-wks. I hope to get it by weekend and really wish this to be the last one and GC to come my way by this fall.
That is a good thing... Anyway, this evening i got mail (n txt msg too) for my approval/card production. It took exact4-wks. I hope to get it by weekend and really wish this to be the last one and GC to come my way by this fall.
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engineer
07-16 07:14 PM
Argument:
Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?
Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?
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vinabath
07-02 03:48 PM
You decided to marry a girl because your PD was current, married her and promised her you would get her an EAD in 3 months...and you did all this in 2 weeks ???
Man! You are fast!
Actually I was slow. The God(USCIS) made me fast.
Man! You are fast!
Actually I was slow. The God(USCIS) made me fast.
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i99
09-11 12:29 PM
Do they know how inefficient these transfers are???? :confused:
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rkat
02-06 11:56 AM
Thanks everybody for your help.!
Ebizash - i would appreciate it if you please post some of info. or PM it to me.
Greatly appreciate all ur help - everybody! Thank you!
Ebizash - i would appreciate it if you please post some of info. or PM it to me.
Greatly appreciate all ur help - everybody! Thank you!
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dallasdude
05-08 02:20 PM
It's well worth the risk now that EB2 is back to 2000. But talk to your attorney and see what he thinks is best for you and your family. I would go ahead and file for EB1 if I were you.
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snathan
05-24 04:01 PM
Please work with hellomms and provide all the information to him to proceed further.
fullerene
07-17 06:11 PM
We shall continue our work by writing letters to lawmakers.
They shall freeze the VB at May so people come out from LC Backlog can have a chance to file 485.
They shall allocate all unused Visa numbers in previous years to people stay in backlog for years.
They shall revise the current Name Check procedure so the process can be done predictably.
They shall increase visa number cap and soften the country limits.
They shall pass SKILL BILL...
We have only a couple weeks before the summer recession. We need to keep our solidarity to make our dream true.
They shall freeze the VB at May so people come out from LC Backlog can have a chance to file 485.
They shall allocate all unused Visa numbers in previous years to people stay in backlog for years.
They shall revise the current Name Check procedure so the process can be done predictably.
They shall increase visa number cap and soften the country limits.
They shall pass SKILL BILL...
We have only a couple weeks before the summer recession. We need to keep our solidarity to make our dream true.
gc_chahiye
08-14 06:18 PM
Hi,
Assuming that one has file for the I-485 - just wanted to clarify that EAD/AP can be filed even if the priority dates are not current. In other words, EAD/AP has no dependency on the priority date being current.
Regards
ZooZee
yes EAD and AP can be filed even if your PD is not current. In fact unless the Sept 18th rally works, we'll all be filing EADs and APs every year for a LONG time waiting for our PD to become current,.
Assuming that one has file for the I-485 - just wanted to clarify that EAD/AP can be filed even if the priority dates are not current. In other words, EAD/AP has no dependency on the priority date being current.
Regards
ZooZee
yes EAD and AP can be filed even if your PD is not current. In fact unless the Sept 18th rally works, we'll all be filing EADs and APs every year for a LONG time waiting for our PD to become current,.
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