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mundakamal

06-13 07:48 PM

Hi All,

My employer after too much of talks is ready to file. But in all the applications he wants to put his address so that he receives the EAD card and AP..He is not ready to put my address. Can he keep my EAD card ?

Gurus please advise...

Thanks!

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WAIT_FOR_EVER_GC

11-11 01:11 PM

Hello,

how is it possible to change jobs while the GC application is pending (part of the July 07 madness). Supposedly there is the AC21 form, is there an example how this form should be filled, and what other documents should be included? How long does it take to approve? (for driver's license, traveling, etc.). Does it have to be filed with H1B extension?

The new job offer is 25% pay increase, otherwise very similar, could that be a problem?

ASK LAWYER FOR FREE in the FREE ATTORNEY CONFERENCE CALL
EVERY WEEK IT IS FREEEEEEEE

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crystal

08-14 01:51 PM

Keep Visiting IV

It is better to maintain ur F1-status (meaning all that needed to be on F1) atleast till you get receipt number.
(So that there is no need to worry incase ur application gets rejected and you dont get receipr number).

If you are on F1 while applying i-485, There is no clearly defined rules on when your F1 status goes out after aplying I-485.
If you are currently on valid F1 status then you can keep that status if you want to, provided if you obey all F1 rules
In general, If you use I-485 EAD and AP you are almost out of F1-status

http://www.nafsa.org/_/Document/_/nsc-nafsa_open_house.pdf

from above link:

16. What is the guidance regarding adjustment of status and SEVIS maintenance? Until what point must a person maintain F-1 or J-1 status?

A period of authorized stay begins at the time the applicant properly files his/hersection 245 I-485 with CIS. The applicant’s nonimmigrant F-1 or J-1 status should bemaintained at least until their I-485 is properly filed to avoid triggering unlawful presence issues.

more dicussed here

http://immigrationvoice.org/forum/showthread.php?t=12093

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jediknight

08-08 08:29 PM

It is possible to "interfile" in this situation, (See AFM Sec. 23.2(l) Transferring an Adjustment of Status Application from One Underlying Eligibility Basis to Another).

However, I do not think you can successfully interfile until your wife's 2010 PD is current. ( See AFM Sec. 23.2(l)(2)(L) The Priority Date must Be Current for the Basis to Which the Applicant Wishes to Convert).

Thanks Ann.

I was hoping that we could interfile before the PD becomes current, so the app could be pre-adjudicated :-)

- JK

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sudhakar_p_v

05-03 12:05 AM

Thanks Dhundhun.
To be clear When you say "packets" should i put them within two envelopes?
I was planning on just putting the documents(application and supporting docs) bound by paper clips.
sorry if its a dumb question but this being my first time filing this wanted to be extra sure.

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gcdreamer05

02-11 12:13 PM

Ask him to do a FOIA and apply for duplicates, it will take atleast 1 year with the current backlog.........

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rajeshiv

07-24 11:43 AM

Can please someone help me? Thanks


Are you on which company payroll?

-RR

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wandmaker

10-31 08:01 PM

Hi Gurus,

Thanks for your time on this post. I appreciate your responses.

I have a question regarding AP. I have AP's based on my pending 485. Recently i traveled to India (on a family emergency) using my AP which was issued in 20th Nov 2008 valid till 19th Nov 2009. I had no issues & got thru JFK using the same.
I was out of US from Sep 23rd thru Oct 24th 2009.

Before leaving US I applied for my AP in early Sep, which got approved by Sep 29 and was in my mail box by the time I arrived. The New pay roll has validity from 20 Nov 2009 until 19 Nov 2010.

My question is, I may need to travel to India again for couple of months that is some some time near 5 Nov 2009 & will be back by Jan 2010.

Do you guys foresee any other issues? , I herd that the AP is NOT valid if you are out of the country.

Best Regards
RK

AFAIK, your new AP is valid and usable; get a second opinion from an attorney. Re-post in attorney's section.

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nixstor

08-31 01:47 PM

Just shot an email to the address provided.

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Jeff Wheeler

10-11 11:38 AM

If not, it's a funny coincidence.

More, it's funny that he didn't understand the reference in the post. :P

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pansworld

11-28 02:38 PM

Maybe I am the only one.

Pankaj Sharma

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jamesingham

02-04 11:41 AM

I am currently on H1 Visa in the US. Am I allowed to go to school part-time and get my MBA degree ?

And also, I am looking at a big amount of money that I gotta pay for tuition, does anyone know any tax credits that we can use to reduce the burden ?

Any help/info would be greatly appreciated.

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Queen Josephine

June 15th, 2005, 09:13 PM

My eye is drawn to that probiscus on the butterfly..... looks like a french horn or something! I can't tell you enough....you've been doing incredible work with your new camera. Agree with above comments about the cactus and disembodied foot.

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redgreen

11-28 05:01 PM

Is AC21 relevant at all for NIW applicants? It can not be as there are no employers filing for such people. However is there anything related to that for such applicants?
Can't they change job or use EAD for whatever job they want to take?
Should the new job be exactly the same type of job?
If an NIW applicant loses job, will that be a problem?
When USCIS is going to know/check on what job the applicant is currently working? Is this going to happen at the I-140 approval stage or I-485 stage or when somebody applies for Citizenship?

Any NIW applicants around here in IV?

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Chicago Desi

01-18 03:41 PM

Hello There,

I want to apply for my 3 yrs H extension using preminum processing. Can i do that by just using the email confirmation from USCIS that I-140 petition was approved? My 1-140 petition was approved in Dec,2006 and still have not recived my approval notice.

Thanks,

If I recall correctly, you need to send a copy of approved i140 to request 3 years extension.

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man-woman-and-gc

03-04 03:48 PM

Hi

I am qualified in finance;started my career in finance & continued for 4 yrs. then switched over to SAP implementation ; for over 3 yrs now, i have been into SAP implementation projects. I have H1B approved for SAP work.
Now, can I take up a job with a different title - say, "Finance Analyst" or "Corporate Finance"? I have been talking to various clients in California that are interested in offering me finance positions.

You can, depends what you can give up for taking the finance job.
You may have to give up your PD depending on your status of immigration.

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OLDMONK

06-16 08:35 PM

Use I-134 instead which is used for EB petitions.

InThemoment is right. I got I-134 from my attorney for 485 filing..

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Kumar Nanada

05-07 02:30 PM

My Case Details:

I currently have an H1 and have applied for 485(in July 2007, EB3 India, priority date April 2004, I-140 Approved, EAD approved). My wife also applied 485 (as beneficiary dependent) along with me and is currently working on EAD. Unfortunately my daughter was not in the country in July 2007 and due to unavoidable reasons she was not able to apply for 485 then. She came to US on H4 dependent visa and is currently studying in public school.

My H1B visa and my daughters H4 visa expires in Sept, 2010. I want to use my EAD in case if my H1B extension is not approved in Sept, 2010 and am trying to find out if there were other legal ways for me to have my daughter documented in US.

One of the option I was considering is try to get a F1 Student visa for her. My Daughter is in 10th grade currently (15 years old).

Please advice:

- What would be the best independent status for my daughter ?

- if My daughter converts to a student visa (F1), and some time later EB3 category becomes current for my priority date, then can 485 be applied for my daughter while she is in F1 status ? IN other words are there any issues of her being in non-immigrant intent F1 visa and me applying for 485 for her as my dependent ?

- Is there any limit on the number of years a person can be on F1 Visa in US ? She is currently in 10th grade and might join 11th Grade in F1 visa.

- Does she need to go out of US to change her status from H4 to F1 ?

- In case if required can I convert my EAD status back to H1B ?

Thanks in advance for your help.

Thanks,
Kumar N

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arihant

04-02 10:58 AM

I feel bad for you. Given that nobody has responded to you yet, i am guessing not many are experiencing similar problems.

Try the following:
1) Talk to your lawyer and see if contacting your local congress person would help you.
2) Post in other forums as well such as murthy.com and immigrationportal.com.

Good luck. The whole GC process is very stressful when everything is progressing without a hitch. So, I cannot imagine how much more stressful it must be when things get screwed by BEC and/or USCIS.

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dionysus

01-23 02:14 PM

Dates are valid as of November 30, 2008. Texas is processing July 11, 2007 applications. Looks good. It means CIS finally has time to work on the deluge of applications they received in July 2007, even though the dates are not current yet. The approvals may still be far off, but at least we know that our apps are being worked upon.

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Leo07

05-29 10:21 PM

Just FYI,our
You can also extend the H1b...if your labor is filed 365 days prior to your H1b expiraton...
You are looking atleast 21 months into future...there are so many things that can happen...
140 rejection may not be an issue... but in case your worst fear comes true...you will be alright if it's rejected before feb 2008.
Even then there are other ways around this problem...

Cheer up...

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zombie123

08-25 02:27 AM

Hi all,

I recently appeared for L1A visa (blanket petition) at Delhi Consulate. I already have travelled to the US on B1 Visa and currently hold a valid B1 Visa. I was asked the following questions:
Q1: What do you at 'xxx' (my company's name)?
Q2: What is your designation?
Q3: How long have you been with 'xxx' (my company's name)?
Q4: How long have you working in managerial role?
Q5: How many people report into you?
Q6: Will you be performing same duties in the US?
Q7: Will you have people reporting into you?
Q8: but you will be hiring or firing individuals? you will not be measuring individual's performances?

I have been working with my org. for over 7 years and have travelled in various countries in the past. This was my frist L1 Visa application. My designation is of a manager and I work with over 50+ clients for my domain. My role in the US was to manage a function in our company.

From what I understood of my conversation with the consul - since I do not and will not have people reporting into me or have direct monitoring of individual performances, I do not fit in the "manager" category for the L1A Petition

Towards the end of the interview consul said that your company should apply your visa in different category. I couldnt ask the consul which category specifically.

My company is now evaluating the option of re-applying the Visa through Blanket L1 B for me.

Can anyone guide me the possible interpretation of "another category" ?
Secondly, we have time constraints for the project for which I was travelling. Hence, Individual Petition will take a great deal of time. If my Visa is applied under L1B category what are chances of it getting rejected? considering the fact that my company feels that L1A is the right category for my Visa application. :confused:

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four1seven

05-16 09:23 PM

Yeah I agree, but I don't have any cool pixel fonts, i just got that one today off that link in the main design forum. :(

Thanks for the compliments otherwise :D

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rajuseattle

07-30 08:09 PM

agarwa4,

It is very important to keep your salary/wage consistent with what's in your approved Labor/I-140.

If you accept the employment with lower salary using AC-21 and if any RFE comes for Employment verification then you will not be able to respond to the satisafaction of USCIS on why you are working on the lower wages.

Hope this helps you understand the importance of keeping job position and slary level consistent with what its in your approved labor.

another option is to start the process all over again with lower salary, but with onging PERM/I-140 backlogs who wants to go thro' this hell again???

Bottomline stay with your consulting employer, why in the world you want to accept the lower salary???

You are EB-2 and the way dates are moving now for EB-2 you might get your GC soon....if the client is forcing you to come on board as PERM try to convince him that its a matter of another 5-6 months before you get GC and then you can accept his offer if you are looking for the job stability versus wokring for a consulting employer.

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GCKaMaara

06-08 12:13 PM

IV Advocacy Days Blog: Immigration Voice Advocacy Days (http://advocacydays.blogspot.com/) Has Just Posted the Following:


https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhLRjsOvKhEXI2D9kD7kMOKy7MN6JLwxUXUkUMO91VjsDZdmH9nUxbP_qV3XCWduFOESkAq3_X7JP9HSmck_v2IfIpGAVp8AbCnVLcMc7yLcIlKfxRxiE8-zaGohQgIky35QQ25EwIk7h20/s400/SDC10159.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhLRjsOvKhEXI2D9kD7kMOKy7MN6JLwxUXUkUMO91VjsDZdmH9nUxbP_qV3XCWduFOESkAq3_X7JP9HSmck_v2IfIpGAVp8AbCnVLcMc7yLcIlKfxRxiE8-zaGohQgIky35QQ25EwIk7h20/s1600/SDC10159.JPG)
More Situation room photoshttps://blogger.googleusercontent.com/tracker/6606610335683210036-2524864943576054158?l=advocacydays.blogspot.com


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Keep it up

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nirdlalegcade

01-29 10:37 PM

Not a problem, just have somebody to check your mail in case the USCIS sends a fingerprint appointment or something else.

I am just waiting for the green card.
Is there any time limit when I'm out of the US??
Thank you. Help please.

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arunmohan

03-06 11:52 PM

Hello:

I have same question, please reply it.

Regards

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Comiccmadd

07-26 05:57 PM

hey bharti. dont get upset by my comment,don't quit !! i'm not a design student as well, but there are plenty of articles and tutorials in the net (like kirupa for example) where y can find lots of resources and learn different interesting things!

It's not so easy to be a designer, but it's not impossible and u must never quit!!1:P)

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tp976

04-15 10:45 AM

dont worry about it. As long as you can prove that you have been treated/or under treatment, this will not hold your application. This will increase / slightly delay your initial application , but otherwise u shouldnt have any problems

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wiifanatic

06-22 03:56 PM

Yeah, I was thinking of making/using something else.
Lemme see if I can find some oranges in my backyard....

EDIT: It's raining :|

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immi2006

08-06 10:48 PM

http://www.cnn.com/2006/POLITICS/08/05/Bush.radio.ap/index.html

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Ann Ruben

03-30 09:17 PM

yes, I did mean 12/2011.

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rayoflight

05-28 02:16 PM

Dear DC/MD/VA Members:

We have come to a point where lot of friends would be joining us. I would encourage all of DC/MD/VA members to open their houses to host or support financially or donate miles or do anything that would minimize the expenses for our fellow friends and make them welcome.

More than that I would like to emphasize that we need to participate in large numbers volunteering and make this event a grand success.

@All IV Members:
If you need any assistance please pm me or reply to this thread and we will answer your questions to assist you best.

Cheers,
Rayoflight

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waiting4gc02

01-18 10:07 AM

Guys:
Is there anyway to get H1-B extension done fast ?
Using Premium Processing or anything like that..??

Please share your thoughts.

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nomadlhr

02-26 05:26 AM

Dear Fellas,

I went for H1b Stamping a couple of months back. I was given a 221 g at that time and later on was asked for company's tax documents. During this time I did not hear any thing from US embassy in islamabad and got the same reply that my case was under administrative processing.

yesterday I received a letter from US embassy saying that my petition was returned to INS. The whole process has been very frustrating and I even left a couple of good offers hoping that H1b will get through anyways I guess its over for me now......

Did any one else face the same situation?? Will it do any good to reapply?

tks
Nomad

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Blog Feeds

06-07 06:20 PM

H1B Visa Lawyer Blog Has Just Posted the Following:
The United States Immigration and Customs Enforcement (ICE) recently updated (http://www.ice.gov/doclib/sevis/pdf/ApprovedSchools.pdf) their list of Student and Exchange Visitor Program (SEVP) approved schools. The schools listed have all been certified to participate in the program.

The program allows foreign students interested in obtaining an education in the United States to complete a visa petition, pay the required fee, and attend a U.S. College or University.

Interested Foreign students: There is a process in obtaining a student visa, but it is not a difficult one. The student must first obtain Form I-20 from the U.S. College or University from which he/she intends to enroll, pay the required visa fee (Form I-901) and contact a local U.S. Consulate/Embassy to schedule an interview. The SEVP procedures differ among U.S. Consulates/Embassies; contact your U.S. Consulate/Embassy NOW to determine its particular procedure on applying for a visa before planning for the interview.

Interested Schools: There is a separate process to obtain F & M Certification. Authorized school officials must obtain and complete Form I-17. An overview of the SEVP Certification process (http://www.ice.gov/doclib/sevis/pdf/i17_process.pdf) can be found on the ICE website . If approved, the school will be certified and allowed to issue Form I-20 to qualifying foreign students.

If you need assistance or an explanation of the SEVP, please contact our office (http://www.mvplg.com/contact.htm) to schedule a consultation.





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portland

02-10 10:48 AM

PLEASE HELP ME WITH ANSWERS ON ADJUSTMENT OF STATUS, APPROVED I360 VAWA AND INTERVIEW?

I just received an approved i360 vawa petition from VSC dated January 26, 2011. The petition was approved on December 20, 2010 and I have a pending I485, filed on January 2010 and I asked the local office during my interview to hold on to it till my VAWA I360 is approved. Now, my VAWA I360 has been approved, I would immensely appreciate your kind help if someone can help me with the following questions.

1. How long does it take for an approved VAWA I360 to get notified to National Benefit Center to link my pending I485 to my approved I360?

2. Has anyone ever experienced this situation and how long did it take before securing interview notice?

3. Do I need to contact the local office since I suspect my pending I485 should be at the NBC or do you think its been transferred to local office.

4. My work permit EAD is expiring on March 9th this year and I would like to renew it since I still have a pending I485 since April last year and approved I360 this year. Do you think I have to renew my EAD since I'm hoping to secure my green card soon rather than paying another $380 this week for my work permit renewal?

If you need additional information, do let me know.

I have read couple of things online but I would really appreciate if someone can help me out. Many thanks as look forward to hearing from you guys.

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neoneo

12-07 08:43 PM

IV Folks,
There are a bunch of people who want to send webfaxes, but they don't want to register.. these are green card holders.. please change it so that people cn just type in their NAme and address instead of registering like numbersusa.org

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ranand00

02-08 10:58 PM

Hi I am on H4,

Yesterday my h1b was approved ( cap h1b)
I got an offer from another company , ready to file my h1b ( non -cap) asap.

My question-If i apply for h1b transfer to non-cap without working for cap company in 7-10 days and later If I want to join a cap company,will I have to go through the lottery again -basically will i be subject to cap.

2.what is the proper process for transfer to occur.

3. I do not want to inform cap company.I have the receipt number.Is it sufficient to apply for transfer.

Thanks
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buehler

08-24 07:38 AM

When I view the home page using Firefox, I see a big blank space where the video is supposed to be. It is fine in IE. Am I the only one having trouble? If not core team please look into it.

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uimv

05-31 02:54 PM

Thanks. So if I-485 is approved, then all OK.

What happens when there is a problem with I-485: Denial or NOID ?
If denial, and in US, MTR can be filed and if MTR accepted, the period (from Denial) is considered as legal stay (even if not maintaining H1b status).
But if denial, and outside US, you can NOT enter on AP. Correct ? Here only option to enter US is H1b ? Can MTR be filed ?

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DSLStart

01-18 12:09 PM

She can stay as long as she wants, but it is finally up to the port of entry officer to decide to let her in or not depending on reason for staying outside (while 485 is pending) is valid or not. After all AP is supposed to be used only for emergency situations.

Can wife stay in India for more than 6 months while 485 is pending?

What she have now is an approved AP till 2009 december.

thanks
achu.

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raj1998

03-06 08:34 PM

Hi,
I'm in H1B visa and my visa was valid until 26th October , 2012. Recently, I went Bangladesh and US embassy stamped visa until October 23, 2011. When I returned US, Immigration office issued me I-94 validity until September 23, 2011. Now how long I can stay in US?? Do I need to apply for H1B visa extension or I will go to Canada or Mexico to apply for new visa or if I go to Canada or Mexico and return back, they will issue me a new I-94 until Sep/Oct 2012. Any one please suggest what should I do?


Your stay is legal until your I-94 specified date. You can get it resolved by INS or go out of US and reenter (which may turn out to be faster). And this time while entering make sure Immigration officer puts right date on your I-94.

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cbpds

05-24 02:30 PM

hi,

I am planning to extend the visitor visa for my mom for another two months.
Her current I94 expires on June 25th and At POE the officer told her that she must go back after 6 months.

If I apply for extension of her visa and in case she does not get any result before current I-94 expiry date, is it wise to stay on or leave US in order to avoid overstays?

2.What happens if she gets a rejection before her current I94 expiry, will she need leave earlier and apply for new visitor visa?

Appreciate your answers

Thanks

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allen_1974

01-21 11:11 PM

Pls reply.

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delhiguy

06-23 08:51 AM

Dear Attorney.

I would really appreciate your views on this.

My Company says that the Minimum Job requirement for the my JOB is
5 years of progressive exp in developing applications in JAVA
and there in 2 years of experience in mobile systems.

I have 6 years of progressive experience in Java, and 4 years in mobile systems. Do you anticipate any issues with an EB2 approval.

I always thought eb2 is ms/bs+ 5 years of progressive, i never know it could be bs + 5 years in core skills and 2 years in others.

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rdehar

05-12 02:13 PM

In OHIO I have successfully renewed my DL for 4 full years solely on original I-485 receipt.

On H1 they still give 1 year extensions.

Try doing the same in your state.

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delhiguy79

07-31 06:48 PM

Hey guys,

I work in a MNC, my I-140 was filed on July 16th 2007 and is still pending and they r filing my I-485 and my wife's I-485 (as dependant).

But now I came to know about my wife's labor application has been approved and they want to file my wife's I-140 and I-485 concurrently, so can I file another I-485 through my wife's employer for my wife as primary and me being dependant to my wife.

I know this question must be asked a lot of times but does anybody has done it or not done it, please share your experiences.

Thanks in advance.

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rkotamurthy

09-16 01:24 AM

" I have filed my I-485 (AOS) and I will get an EAD soon. So why should I bother about Rally? -DUH!! "

My dear friend, because when you have filed for I-485, so did 3,49,999 others. Your category will not get more than 3500 visas a year ((1,40,000 *7/100)/3). No matter what your priority date is, USCIS will not even get to your application for atleast a year and after that, the PD may not move forward for several years. At this rate you will not get a GC for several years !!!!!

"I will get EAD, so where is the problem? I can change jobs with EAD."

The problem is in your brain (opps) I meant perception. You may be able to change jobs on EAD, but you cannot get promoted to a job with a different job description. You cannot get a raise more than nominal raise (5%). Bottom-line, you cannot do anything where you will not be able to justify that you will perform job listed in I-140.

So, what should I do?

Lobby to change the laws. Participate in lawmaker awareness programs. Expresss support to people who are trying to get laws changed in your favour. Go to Washington, DC this Tuesday, Spt. 18th and express your support to IV. Meet your lawmaker and ask what he/she can do for you.

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gcmaker

03-28 07:07 PM

I used my 485 EAD, which I received when I filed my 485 with my spouse. And now I want my employer to apply H-1B for me. I am wondering if I can apply change of status to H-1B within US or I have to apply H-1B petition, which requires me to get out of US and get the visa at some US consulate or embassy.

I'd really appreciate any info.

Thanks a lot.

I am not sure I understand why would you want to do this? You are on EAD, correct? This already gives you the right to work for any employer; getting an H-1B would be a step back in this regard. Am I missing something?

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preety79

11-06 01:32 PM

I�m in EB2 and My I-140 was approved on March 2009 through Employer A. After which I moved to India and now am back (Nov 2010) with Employer B. My old Employer A has my apporved I-140.

It would be great if I get answer the below my Question:

1. Can I apply for I-485 with my new employer B based on my approved 140?? OR
2. Do I need to go back to my old employer A to apply my I-485. If yes is there any specific time period to go back to my old employer A.

Thanks for your help.
preety

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nid

03-18 02:37 PM

Thanks Crazymonk.

Does it always go to consular processing for 2nd option?

I was more inclined towards 2nd option thinking that whether or not I get I94, if in case I have to use it, I can make a trip to India and get the stamping done?

Thoughts?

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04-08 05:44 PM

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09-18 11:57 AM

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