meridiani.planum
11-06 05:01 PM
Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status.
incorrect. Her pending 485 gives her status. She does not need to be on any particular status. And EAD does not give status anyway, its just permission to work while your adjustment of status is pending.
In that case, H1 will be denied because an H1 application while out of status will lead to denial.
incorrect. H1 will be approved if properly filed. The 'extension/change of status' part of h1 may not be allowed if you are out of status (ie. the approval wont have an I-94) and at that point you need to leave teh country and re-enter to active the H1.
To OP: I had asked my lawyer this same question a while back, and he was of the opinion that its likely the H1 extension will come through without an I-94 in this case (ie. USCIS might insist we leave the country and return to activate teh H1). He had not handled such a case so far so was not 100% certain about the I-94 part. The transfer itself is not an issue (you dont need to be in any particular status or even within the country to get the H1 extension filed).
incorrect. Her pending 485 gives her status. She does not need to be on any particular status. And EAD does not give status anyway, its just permission to work while your adjustment of status is pending.
In that case, H1 will be denied because an H1 application while out of status will lead to denial.
incorrect. H1 will be approved if properly filed. The 'extension/change of status' part of h1 may not be allowed if you are out of status (ie. the approval wont have an I-94) and at that point you need to leave teh country and re-enter to active the H1.
To OP: I had asked my lawyer this same question a while back, and he was of the opinion that its likely the H1 extension will come through without an I-94 in this case (ie. USCIS might insist we leave the country and return to activate teh H1). He had not handled such a case so far so was not 100% certain about the I-94 part. The transfer itself is not an issue (you dont need to be in any particular status or even within the country to get the H1 extension filed).
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ChainReaction
04-24 08:51 AM
I just got my wife's h4 approval letter today but the I-94 does not have any validity period on it, its blank?? Moreover, We received two more i539 approval notices sames as my wifes without any validity period under my wife's name (Applicant)... beneficiary were for two kids age 9,11 totally different last names/Nationality :confused: Are the CSC processing people smoking something:eek:
I will call them tomorrow, I was wondering if anyone else also had this experience, do we have to travel outside the country to get I-94 stamped? my H1B approval has not arrived yet but the status online says approved. Our old I-94 on the passport have already expired, will that be a problem?
I just called the service center 800 number, the lady told me that if i feel it is CSC mistake i should make an infopass appointment else file I102. I would like to know if i have to travel back to my home country to get the I-94 stamped with the validity period on it or is it just a mistake on CSC part? ANY ONE in similar situation please help.
I will call them tomorrow, I was wondering if anyone else also had this experience, do we have to travel outside the country to get I-94 stamped? my H1B approval has not arrived yet but the status online says approved. Our old I-94 on the passport have already expired, will that be a problem?
I just called the service center 800 number, the lady told me that if i feel it is CSC mistake i should make an infopass appointment else file I102. I would like to know if i have to travel back to my home country to get the I-94 stamped with the validity period on it or is it just a mistake on CSC part? ANY ONE in similar situation please help.
gcdreamer05
01-15 09:45 AM
So could you please explain when does this new process kick in, does it apply to all apps filed after may 2008 as said in the article ?
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gcseeker2002
02-12 05:14 PM
If you have approved labor and 140, why you want to file EB2 perm?
1. Are you jumping to another company? Yes you can do this as you are not substituting any labor. You are just porting YOUR PD.
2. Are you thinking to apply ther PERM from the same company? It is possible only if you jump to different department. Yes, you can still port the PD.
Substitution is the terminology used only when the beneficiary name changes. As long as the original labor is in your name, you can port the PD n number of times.
Folks , for someone with March 2004 Eb3 India PD , is converting to Eb2 really going to help in any way at all ? Please suggest.
1. Are you jumping to another company? Yes you can do this as you are not substituting any labor. You are just porting YOUR PD.
2. Are you thinking to apply ther PERM from the same company? It is possible only if you jump to different department. Yes, you can still port the PD.
Substitution is the terminology used only when the beneficiary name changes. As long as the original labor is in your name, you can port the PD n number of times.
Folks , for someone with March 2004 Eb3 India PD , is converting to Eb2 really going to help in any way at all ? Please suggest.
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anilsal
12-10 12:46 PM
Ok, people in Minnesota. Do attend the first concall for IL State Chapter - there may be an update from IV core.
http://immigrationvoice.org/forum/showthread.php?t=2520
http://immigrationvoice.org/forum/showthread.php?t=2520
lonedesi
10-20 03:27 PM
Thank you guys for all your responses. Appreciate you letting me know your experience in this regard.
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Sakthisagar
11-30 03:58 PM
I checked on the website, and it has a note - " Important Note: In certain cases of an old passports issued by an office other than the Consulate General of New York, a passport is issued for one year. In such cases, applicants have to apply for extension of the passport any time after 45 days. A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. "
Here's the link that I was referring to...
RENEWAL OF PASSPORT OR NEW PASSPORT - www.indiacgny.org (http://indiacgny.org/php/showContent.php?linkid=225&partid=223&sub=sub3)
What I meant to ask was, I cannot apply for a renewal until I get my new I797, right ? And, once I get it, and plan to travel, I'll go for a new visa stamp and I just want to make sure that I get it for the duration applicable and not until the expiration of the passport, and also that if i get my passport renewed here, I get it for another 10 or so years and not one.
Also, could you please tell me how long does it usually take to get the passport renewed ? I'm in NY area.
Thank you.
To my knowledge.. Indian passport is renewed now for 10 years, of course Please apply for the renewal of passport as soon as you get the new I-797. (Otherwise they might give it for one Year). So You should get for a 10 year renewal.
And regarding your stamping, I do not know your personal situation, If the travel to India is not very urgent, Please postpone it at least til you get your EAD/AP if you are planning for a permanent residency. Otherwise if you are going for stamping, its all your GOOD LUCK! especialy nowadays for H1B stamping.
Usually it takes one and half months to renew the Passport in US. I have done it way back in 2003. I am not aware how long it will take now.
Please talk to your attorney,and decide.
Here's the link that I was referring to...
RENEWAL OF PASSPORT OR NEW PASSPORT - www.indiacgny.org (http://indiacgny.org/php/showContent.php?linkid=225&partid=223&sub=sub3)
What I meant to ask was, I cannot apply for a renewal until I get my new I797, right ? And, once I get it, and plan to travel, I'll go for a new visa stamp and I just want to make sure that I get it for the duration applicable and not until the expiration of the passport, and also that if i get my passport renewed here, I get it for another 10 or so years and not one.
Also, could you please tell me how long does it usually take to get the passport renewed ? I'm in NY area.
Thank you.
To my knowledge.. Indian passport is renewed now for 10 years, of course Please apply for the renewal of passport as soon as you get the new I-797. (Otherwise they might give it for one Year). So You should get for a 10 year renewal.
And regarding your stamping, I do not know your personal situation, If the travel to India is not very urgent, Please postpone it at least til you get your EAD/AP if you are planning for a permanent residency. Otherwise if you are going for stamping, its all your GOOD LUCK! especialy nowadays for H1B stamping.
Usually it takes one and half months to renew the Passport in US. I have done it way back in 2003. I am not aware how long it will take now.
Please talk to your attorney,and decide.
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andr.in
10-05 04:59 AM
Flash can crash too if you trace a bitmap and put the minimum area and color threshold values very small. It takes forever to trace 'em. And if you start doing something it crashes. :)
In 3dsmax the polygon count is what makes the computer slow and crash. On this picture I have a 6924 faces and everythings fine. But when it reaches 20000 it's very slow.
In 3dsmax the polygon count is what makes the computer slow and crash. On this picture I have a 6924 faces and everythings fine. But when it reaches 20000 it's very slow.
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sweet_jungle
10-21 01:12 PM
Sweet_jungle, I am in a similar situation. My attorney sent a request to TSC 3 months back to fix the PD but no response yet. What did you do to open the obmudsman inquiry? Did you send him an email or did you send him a letter in the email
Hi Khris,
Do you also have 2 PDs in same EB2 category?
I have submitted ombudsman case sheet by mail.
My lawyer also sent request through AILA liason. She asked me to wait 6 weeks before enquiring again.
Hi Khris,
Do you also have 2 PDs in same EB2 category?
I have submitted ombudsman case sheet by mail.
My lawyer also sent request through AILA liason. She asked me to wait 6 weeks before enquiring again.
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cagedcactus
04-22 08:48 AM
The U.S. Citizenship and Immigration Services (USCIS) recently expanded the reinstatement of premium processing for I-140 petitions. This is a subtle change, still limiting I-140 premium processing to a small group of cases for which the I-140 approval is needed in order to obtain eligibility for additional H1B time. The change was effective March 2, 2009. The expansion includes individuals who have already reached the end of their six years in H1B status, who would be eligible for additional time upon the approval of the I-140 petition. This situation is explained here for MurthyDotCom and MurthyBulletin readers. Examples of options for individuals in H1B status are also provided.
========================
jack
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I am sorry if I am not reading this right, but does it mean that a person on his 7th year H-1B can apply for pp? I am currently on 7nth year, and renewal is due before september. My I 140 is pending since July 2007, and no LUDs or updates. Am I elligible?
========================
jack
Monavie Acai Juice Berry Extreme (http://www.acai.vg)
radon granite countertop (http://accurateinspections.com/radoncountertopgranite.htm)
I am sorry if I am not reading this right, but does it mean that a person on his 7th year H-1B can apply for pp? I am currently on 7nth year, and renewal is due before september. My I 140 is pending since July 2007, and no LUDs or updates. Am I elligible?
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miguy
06-29 11:32 AM
what is mandatory?.....what happens if a person has to move 6 months after they file I-485.....aint they going to change their address??.....can we use AR-11 to do that?....there is no way I can wait for 4 years at my current place to get my green card in hand.....would appreciate any suggestions
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txh1b
08-18 09:32 AM
Please see page 8-10 of the I765 form instructions for more information. It is clearly written that it has to go where your area falls under for the (c) 9 category.
http://www.uscis.gov/files/form/I-765instr.pdf
If you are in Boston, it should go to TSC irrespective of which center your 485 is pending.
http://www.uscis.gov/files/form/I-765instr.pdf
If you are in Boston, it should go to TSC irrespective of which center your 485 is pending.
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dan19
02-20 10:30 AM
Hello all,
My I-140 (EB3) is already approved through my present company.
I am about to start the 6th year (final year) of my H1 soon. I want to change my job and apply through EB2 as EB3 has almost stopped moving.
My case is like this:
PD: 2002-Oct India/ROW
Category: EB3
H1 (6 year ends): June 2008
My questions are:
1. First and foremost - can I change my job as I am entering the 6th year of H1?
2. Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?
3. Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.
Thanks,
Dan
My I-140 (EB3) is already approved through my present company.
I am about to start the 6th year (final year) of my H1 soon. I want to change my job and apply through EB2 as EB3 has almost stopped moving.
My case is like this:
PD: 2002-Oct India/ROW
Category: EB3
H1 (6 year ends): June 2008
My questions are:
1. First and foremost - can I change my job as I am entering the 6th year of H1?
2. Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?
3. Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.
Thanks,
Dan
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sumanitha
08-03 10:18 PM
Sorry, the day I got the receipt number and the number you have given, there is only a difference of 900+.
So it may not correct.
So it may not correct.
more...
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waitingimmigrant
10-21 04:38 PM
sorry folks ... new member here...
my profile should have some info now....
my profile should have some info now....
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khris49
10-21 11:56 AM
I have 2 approved I-140s from same company with which I am currently working. One PD is end 2004 and another is end 2005.
My I-485 was filed last July with PD end 2004 (I-140 was approved way back in 2006).
Recently, an ombudsman inquiry revealed my PD to be end 2005 and not end 2004. The 140 with PD end 2005 was never used to file 485.
Anybody with similar experience?
How do I get this corrected?
My category is EB2 India.
Sweet_jungle, I am in a similar situation. My attorney sent a request to TSC 3 months back to fix the PD but no response yet. What did you do to open the obmudsman inquiry? Did you send him an email or did you send him a letter in the email
My I-485 was filed last July with PD end 2004 (I-140 was approved way back in 2006).
Recently, an ombudsman inquiry revealed my PD to be end 2005 and not end 2004. The 140 with PD end 2005 was never used to file 485.
Anybody with similar experience?
How do I get this corrected?
My category is EB2 India.
Sweet_jungle, I am in a similar situation. My attorney sent a request to TSC 3 months back to fix the PD but no response yet. What did you do to open the obmudsman inquiry? Did you send him an email or did you send him a letter in the email
more...
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fullerene
12-14 10:39 PM
I don't know how many people will that invitation allow for the meeting? I can join and we can present some things to the congressman. Please PM me and we can touch base.
thanks,
Very glad to hear that. You may visit his website and email or call for reservation.
thanks,
Very glad to hear that. You may visit his website and email or call for reservation.
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pom
10-05 02:03 PM
Right on, grey, black and orange/red is just the perfect color scheme... And thanks for allowing me to steal anything I want from you. I wished people did that for me more often...
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mallu
10-22 11:14 PM
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kaisersose
07-18 03:26 PM
1. Can we use AC21 provision without EAD card ?
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
1. Can we use AC21 provision without EAD card ?
Answer: Sure, you can. In fact, that is the advised approach. Do not fall back on EAD unless absolutely necessary.
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
Yes, If you wish to work on EAD then you need to have it by Jan 2008. Unless the interim EAD option is bought back, I doubt if any July filer will have an EAD by January 2008. I would suggest you be prepared to extend your H-1b.
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
Answer: Yes. You can do it yourself, but you will need evidence to show that a 485 has been applied.
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
1. Can we use AC21 provision without EAD card ?
Answer: Sure, you can. In fact, that is the advised approach. Do not fall back on EAD unless absolutely necessary.
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
Yes, If you wish to work on EAD then you need to have it by Jan 2008. Unless the interim EAD option is bought back, I doubt if any July filer will have an EAD by January 2008. I would suggest you be prepared to extend your H-1b.
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
Answer: Yes. You can do it yourself, but you will need evidence to show that a 485 has been applied.
theMan
02-26 08:21 AM
Aristotle, I think as a Non Resident, you are not eligible for Standard deduction. Again, OP you questions will be addressed better in the forum mentioned in my previous post.
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