hpandey
12-24 03:29 PM
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
If you are on company A's H1b and file your GC through it and you want to come back on its AP and then after coming back you want to transfer your H1 to another company that is possible. But your GC will be considered abandoned in case Company A decides to withdraw your labor ( assuming your I-140 is not approved yet ) .
If you I-140 is approved and 180 days are up since you applied for your GC then you can use AC-21 to move to another company . Then you would have to show your new company's employment letter for your GC process .
What you are suggesting is certainly possible but complicated.
Easy way would be to go on AP and use your EAD and AC21 to move to another company .
But consult a lawyer with more details of your case. Your attorney would be able to provide clear answers .
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
If you are on company A's H1b and file your GC through it and you want to come back on its AP and then after coming back you want to transfer your H1 to another company that is possible. But your GC will be considered abandoned in case Company A decides to withdraw your labor ( assuming your I-140 is not approved yet ) .
If you I-140 is approved and 180 days are up since you applied for your GC then you can use AC-21 to move to another company . Then you would have to show your new company's employment letter for your GC process .
What you are suggesting is certainly possible but complicated.
Easy way would be to go on AP and use your EAD and AC21 to move to another company .
But consult a lawyer with more details of your case. Your attorney would be able to provide clear answers .
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justAnotherFile
07-12 11:00 AM
.. I think this is an excellent way to carry forward the Gandhigiri campaign.
We should start a campaign, pick a few congressmen (may be from immigration subcomitee, judiciary comittee etc) and every member of IV should print out this pamphlet and hand sign, data, address and send it to these congressmen.
We should also send a sample of the letter to news outlets.
This will help keep this issue in the limelight. Any takers??
We should start a campaign, pick a few congressmen (may be from immigration subcomitee, judiciary comittee etc) and every member of IV should print out this pamphlet and hand sign, data, address and send it to these congressmen.
We should also send a sample of the letter to news outlets.
This will help keep this issue in the limelight. Any takers??
irrational
06-18 10:37 PM
Folks,
I am due for an EAD renewal. However, my I-485 Receipt Notice got lost in mail. :(
Can I still e-file. A lot of you said, we have to send a copy of the receipt notice as a supporting document. Can I do without it.
Any pointers would be really appreciated.
Thank You
-Bipin
I am due for an EAD renewal. However, my I-485 Receipt Notice got lost in mail. :(
Can I still e-file. A lot of you said, we have to send a copy of the receipt notice as a supporting document. Can I do without it.
Any pointers would be really appreciated.
Thank You
-Bipin
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dakajo
07-17 02:26 PM
My attorney filed my I-485 on July 5th despite the July Visa Bulletin Update. We filed it together with the work permit piece, but not the AP one. The legal assistant told me that we must have an I-485 receipt notice on hand before we are able to submit the application for an AP. Is that correct? The reason I ask is that, in the event USCIS decides to accept July-filed I-485 applications, I wanted to take advantage of the lower filing fee before July 30th. Please advise!
more...
pd_recapturing
03-07 08:46 PM
I have a quick question on salary issue with 485. My EB2 I-140 states that my yearly salary 87k per annum. It got approved last year. I realized that my w-2 only reflects 64k for last year. I did not work for 2 months because of some personal reason. Is this less salary going to affect my 485 application? I thougt, GC is for future jobs so its okay. Can somebody please clarify this ?
sanjay
12-28 10:01 AM
I have three friends waiting for I - 140 approval whose date are between Feb 16 - 22, 2007 and all are still waiting for approvals. online status show case pending. And dates in NSC shows April 6, 2007.
more...
immi2006
05-04 01:26 PM
Please go through the stuff for the last one year plus from immigration.com on PERM processing, need to look at each entry in the diferenet excel sheets, it is not consistent from the data perspective (we all have our regular work too :-) ) so cannot pull up URLs for you, the above site is the pointer, please do your homework too :-) - Since you are really interested in specifics, appreciate if you can get this directly, it will take you couple of hours at the very least to get this data.
I've been monitoring BEC&PERM for the past 30 days and delved deeper on all labor processing thread, but found none on denials of conversion, please point out some reference URLs for PERM conversion denials that would be helpful.
I've been monitoring BEC&PERM for the past 30 days and delved deeper on all labor processing thread, but found none on denials of conversion, please point out some reference URLs for PERM conversion denials that would be helpful.
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pal351
11-22 09:16 PM
Fee : $305.00
Applied on line, printed the form.
Attached the following and sent them to USCIS
1) 485 - copy.
2) Old APs 2 - Copies.
3) Cover letter explaining that I need to visit my parents as they are old.
4) DL - Copy.
5) Photos : 2 (write A# and name back of them) (I forgot to send the photos with the application)
I forgot to attach the photos and got RFE, sent photos and approved yesterday. Waiting for the physical copy.
Thank You.
Applied on line, printed the form.
Attached the following and sent them to USCIS
1) 485 - copy.
2) Old APs 2 - Copies.
3) Cover letter explaining that I need to visit my parents as they are old.
4) DL - Copy.
5) Photos : 2 (write A# and name back of them) (I forgot to send the photos with the application)
I forgot to attach the photos and got RFE, sent photos and approved yesterday. Waiting for the physical copy.
Thank You.
more...
gc2005
11-17 01:35 PM
SKIL is the best bet for us. Hopefully we will see it being discussed soon in Senate.
I agree, SKIL is the best bet for us. There are chances of something happenning before Oct 2007 because of no H1B visa numbers being available unitl then. I don't think it has been that bad situation with H1B until now.
I agree, SKIL is the best bet for us. There are chances of something happenning before Oct 2007 because of no H1B visa numbers being available unitl then. I don't think it has been that bad situation with H1B until now.
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FredG
April 4th, 2005, 06:28 AM
Trying something comparable to double processing, but without the original, I selected the sky, copied the layer, and changed the blend mode to multiply. I then inverted the selection, copied the original layer again, and changed that mode to screen. That made the sky colors richer and the mountains lighter. (didn't post, as my selection was quick and dirty, not at all precise) The beauty of doing it as dual raw conversion rather than this way is there is no destruction of pixels in the process.
more...
rockstart
03-22 09:15 AM
Your post is confusing. Can you please add details. Is her visa (stamping) denied or her I 797 (H4 approval I forget the number its I5XX something) that was not approved? I am assuimg its the later. Any case its always prudent to exit the country immediately in order to maintain status.
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NKR
02-13 03:56 PM
Folks,
Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.
Thanks
You guys deserve it after waiting for so long. The only way to check if the case has been adjudicated or not is to keep checking the LUDS, if it changes see what the status says. After being patient for so many years, if you are feeling a little impatient now call USCIS and check the status.
Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.
Thanks
You guys deserve it after waiting for so long. The only way to check if the case has been adjudicated or not is to keep checking the LUDS, if it changes see what the status says. After being patient for so many years, if you are feeling a little impatient now call USCIS and check the status.
more...
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vxb2004
07-26 07:18 PM
You can get EAD even if your I-140 is pending.Correct me if I am wrong.
Processing of your EAD and AP is independent of your 140 status.
Processing of your EAD and AP is independent of your 140 status.
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surge
02-18 05:18 PM
Hi Surge
You should then consult a lawyer.
i did. different lawyers said different thing so i do not know who is right and who is wrong.
should i make an infopass appointment and idscusss it with them?
You should then consult a lawyer.
i did. different lawyers said different thing so i do not know who is right and who is wrong.
should i make an infopass appointment and idscusss it with them?
more...
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desi3933
03-27 04:07 PM
.....
New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.
Your employer is right. You will new H-1B visa stamp and re-entry into USA to get back H-1B status.
As i can work only 240 days from my I94 expiry date, i can't work after July 2010 so am planning to go to India to attend the embassy as soon as possible.
....
Incorrect!
Read this
www.uscis.gov/files/article/C1eng.pdf
Look for "What if I file on time but USCIS doesn�t make a decision before my I-94 expires?"
_________________
Not a legal advice.
New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.
Your employer is right. You will new H-1B visa stamp and re-entry into USA to get back H-1B status.
As i can work only 240 days from my I94 expiry date, i can't work after July 2010 so am planning to go to India to attend the embassy as soon as possible.
....
Incorrect!
Read this
www.uscis.gov/files/article/C1eng.pdf
Look for "What if I file on time but USCIS doesn�t make a decision before my I-94 expires?"
_________________
Not a legal advice.
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webm
01-26 10:34 AM
If I check my case online I see following
On July 24, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail ...
On Receipt Notice I-797C -Notice of Action I see following
Received Date : June 25, 2007
Notice Date : July 25, 2007
I dont know why online case status says that "On July 24, 2007, we received ...."
Do anyone of you see such date mismatch.
Thanks,
Received Date : June 25, 2007 --- this is mail room received data
"On July 24, 2007, we received -- this is the day when your 485 app entered into their crazy system (by a lazy IO)
Gurus,share your ideas also..
On July 24, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail ...
On Receipt Notice I-797C -Notice of Action I see following
Received Date : June 25, 2007
Notice Date : July 25, 2007
I dont know why online case status says that "On July 24, 2007, we received ...."
Do anyone of you see such date mismatch.
Thanks,
Received Date : June 25, 2007 --- this is mail room received data
"On July 24, 2007, we received -- this is the day when your 485 app entered into their crazy system (by a lazy IO)
Gurus,share your ideas also..
more...
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meridiani.planum
04-03 05:49 PM
inline...
Hi All,
I am thinking of looking for other job options. I want to know if you any one of you have changed jobs on EAD and your experience with the whole issue.
I changed jobs on EAD
1. Did you find have any issues when getting 485 approved.
My PD is still 5 years or so away from being current. :)
2. Did you file AC21.
No. But hired same lawyer who had filed the initial case. If current employer revokes I-140 (through same lawyer) might send AC-21 letter.
3. Does the job responsibility has to meet 100% word by word.
In my case its about 80% the same. In general its better if its as close as possible.
4. Has any one you applied for EAD extension on your own.
Not done yet, but will do this year. Its a simple enough form
5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.
have been looking at immigrationportal.com for older-timers experience with AC-21 and no one that I know of has go an RFE wrt proving new job is similar to old one.
Hi All,
I am thinking of looking for other job options. I want to know if you any one of you have changed jobs on EAD and your experience with the whole issue.
I changed jobs on EAD
1. Did you find have any issues when getting 485 approved.
My PD is still 5 years or so away from being current. :)
2. Did you file AC21.
No. But hired same lawyer who had filed the initial case. If current employer revokes I-140 (through same lawyer) might send AC-21 letter.
3. Does the job responsibility has to meet 100% word by word.
In my case its about 80% the same. In general its better if its as close as possible.
4. Has any one you applied for EAD extension on your own.
Not done yet, but will do this year. Its a simple enough form
5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.
have been looking at immigrationportal.com for older-timers experience with AC-21 and no one that I know of has go an RFE wrt proving new job is similar to old one.
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srinivas_o
01-08 10:16 AM
Hello Gurus,
I am planning to travel to India in March. I am not with my GC sponsored employer and joined a new employer on EAD. I have an approved Advance Parole and so my wife.
My question is, what are the documents we need to carry in this situation? As per my knowledge, copy of I-485 receipts, approved AP documents and EAD. Do we need to carry any other
documents like letter from my present employer, pay stubs, W2s etc???? Please let me know.
Thanks.
Srinivas
I am planning to travel to India in March. I am not with my GC sponsored employer and joined a new employer on EAD. I have an approved Advance Parole and so my wife.
My question is, what are the documents we need to carry in this situation? As per my knowledge, copy of I-485 receipts, approved AP documents and EAD. Do we need to carry any other
documents like letter from my present employer, pay stubs, W2s etc???? Please let me know.
Thanks.
Srinivas
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InTheMoment
07-28 01:43 PM
Yes but don't forget all those BEC folks from EB2 PD Jan 03 (and earlier) to Apr 04 who applied in this June and some in July !! These people are going to create the next demand.
cbpds
09-01 07:10 PM
Its not the question of opening borders, its more about how we sons and daughters treat our parents and cater to them after we go back home from work.
All they want is a friendly and meaningful conversation and respect once a day.
It is time USA opens its borders to allow more people from good cultures like India to come and settle here. Americans can learn family values from Indians. If America restricts immigrants it will turn into a country of bigoted, nepotistic creeps who will export their ugly culture of disowning their own parents to our shores and around the world. Programmers have long enjoyed high inflated salaries that are unreasonable. These salaries now need to come down and be competitive globally. Time for a 'change' in immigration and congress to open its arms to immigrants who made this country so great. It is time to make Kennedy's dream a reality. Indians who settle here need to have loyalty to their culture and should not become Americanized. Take the good things from this culture and not lose your own good cultural values that made India the best country in the world until the gora British came and ruined it.
All they want is a friendly and meaningful conversation and respect once a day.
It is time USA opens its borders to allow more people from good cultures like India to come and settle here. Americans can learn family values from Indians. If America restricts immigrants it will turn into a country of bigoted, nepotistic creeps who will export their ugly culture of disowning their own parents to our shores and around the world. Programmers have long enjoyed high inflated salaries that are unreasonable. These salaries now need to come down and be competitive globally. Time for a 'change' in immigration and congress to open its arms to immigrants who made this country so great. It is time to make Kennedy's dream a reality. Indians who settle here need to have loyalty to their culture and should not become Americanized. Take the good things from this culture and not lose your own good cultural values that made India the best country in the world until the gora British came and ruined it.
kumar1305
01-26 07:33 PM
Instead of all this country caps, applying for GC and waiting, why don't they get a rule like European countries? In UK, netherlands and Denmark it is very simple. All you have to do is prove that you made more money (ofcouse taxes count) than the stipulated amount by the government. Pay the taxes for 4 or 5 years and take the GC(Permanent Resident). Simple no lawyer no crap. Country benefits we benefit. I lived in UK for more than 3 years and I would have become a citizen by now. But never wanted to be in UK, it was only a stop over. I always loved America, don't know why? Do you think it is because of Hollywood? I'm kidding. But still I love this country. Hope things will change some day. If not my daughter will sponsor me when she turns 21.
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