mygc2006
06-14 11:58 AM
I thought once your EAD gets approved then you H1 Visa is not longer valid.
You could keep EAD and H1 together active?? Any experts, could you please throw some light?
Yes, you can keep EAD and H1 at same time..
You could keep EAD and H1 together active?? Any experts, could you please throw some light?
Yes, you can keep EAD and H1 at same time..
kondur_007
09-22 03:09 PM
Hello IVans,
According to Attorney Murthy on June 27, 2008,
"It is hoped that, as the USCIS works through the numerous pending I-140 petitions, premium processing will resume on a more widespread basis"
http://www.murthy.com/news/n_pp4140.html
I strongly feel that AILA and their associates are pretty good at predicting the policy changes within USCIS / DOL. In my observation, such statements by leading immigration Attorneys have resulted in near future procedural / policy changes. I consider this as an hint to all GC seekers to brace for I140 PP across the board, not just for people on the H1B brink.
Does anyone feel the same? any thoughts?
I did not believe it at that time (July). However, looking at the flow of approvals from even NSC (they processed my case filed in April 2008); I now believe that I 140 premium processing will resume soon (in next couple of months).
I am not sure how will they phase it in; may be first for all new filings and/or for people with current PD and then more widespread (hopefully based on PD).
TSC has been processing 2008 cases since past 3 months and NSC is doing so for at least a month now (they seem to have processed July/Aug cases for the past 10 months). Also, the first couple of quarters will be slow as far as I 485 processing goes...so they can probably concetrate on I 140s and resume flow of MONEY :p
According to Attorney Murthy on June 27, 2008,
"It is hoped that, as the USCIS works through the numerous pending I-140 petitions, premium processing will resume on a more widespread basis"
http://www.murthy.com/news/n_pp4140.html
I strongly feel that AILA and their associates are pretty good at predicting the policy changes within USCIS / DOL. In my observation, such statements by leading immigration Attorneys have resulted in near future procedural / policy changes. I consider this as an hint to all GC seekers to brace for I140 PP across the board, not just for people on the H1B brink.
Does anyone feel the same? any thoughts?
I did not believe it at that time (July). However, looking at the flow of approvals from even NSC (they processed my case filed in April 2008); I now believe that I 140 premium processing will resume soon (in next couple of months).
I am not sure how will they phase it in; may be first for all new filings and/or for people with current PD and then more widespread (hopefully based on PD).
TSC has been processing 2008 cases since past 3 months and NSC is doing so for at least a month now (they seem to have processed July/Aug cases for the past 10 months). Also, the first couple of quarters will be slow as far as I 485 processing goes...so they can probably concetrate on I 140s and resume flow of MONEY :p
krishna_brc
06-16 09:31 PM
Dont worry that is the common message for USCIS PO Box...Your mail will be @USCIS
I agree with Sparklinks. When i sent the documents same thing happened to me but eventually post got delivered.
I agree with Sparklinks. When i sent the documents same thing happened to me but eventually post got delivered.
vishwak
08-05 02:14 PM
I think he should consider awarding citizenship to LONG waiting GC applicants. :D
Nice one.....lets wait and see.
Nice one.....lets wait and see.
more...
myimmiv
12-17 02:22 PM
Arrived at IAD POE with 5 days left on AP before expiry. No problems. You will get 1 full year from the date of entry on I-94 irrespective of expiration date on AP.
Did you mean DIA POE ?
Did you mean DIA POE ?
brij523
02-28 03:18 PM
bump up
more...
psaxena
05-19 11:58 AM
^^^^^^^^^^^^
carbon
05-31 12:38 PM
How about contacting companies to give us contact numbers of their employees who's green card is in process, then we can contact them and inform them about IV !
more...
jnraajan
10-16 07:13 PM
Happy Diwali to all.
Here is the Diwali story as told in 21st Century in US by Indians.
*
*
A young second generation Indian in the US was asked by his mother to explain the significance of "Diwali" to his younger brother, this is how he went about it...
*
" So, like this dude had, like, a big cool kingdom and people liked him. But, like, his step-mom, or something, was kind of a bitch, and she forced her husband to, like, send this cool-dude, he was Ram, to some national forest or something... . Since he was going, for like, something like more than 10 years or so.... he decided to get his wife and his bro along... you know...so that they could all chill out together. But Dude, the forest was reeeeal scary shit... really man...they had monkeys and devil s and shit like that. But this dude, Ram, kicked with darts and bows and arrows... so it was fine.
*
But then some bad gangsta boys, some jerk called Ravan, picks up his babe (Sita) and lures her away to his hood. And boy, was our man, and also his bro, Laxman, pissed... all the gods were with him... So anyways, you don't mess with gods. So, Ram, and his bro get an army of monkeys... Dude, don't ask me how they trained the damn monkeys... just go along with me, ok...
*
So, Ram, Lax and their monkeys whip this gangsta's ass in his own hood.... Anyways, by this time, their time's up in the forest... and anyways... it gets kinda boring, you know... no TV or malls or shit like that. So,they deci ded to hitch a ride back home... and when the people realize that our dude, his bro and the wife are back home... they thought, well, you know, at least they deserve something nice... and they didn't have any bars or clubs in those days... so they couldn't take them out for a drink, so they, like, decided to smoke and shit... and since they also had some lamps, they lit the lamps also...so it was pretty cooool... you know with all those fireworks... . Really, they even had some local band play along with the fireworks... and you know, what, dude, that was the very first, no kidding.., thatwas the very first music-synchronized fireworks... you know, like the 4th of July stuff, but just, more cooler and stuff, you know. And, so dude,
that was how, like, this festival started."
Sentiments aside, at least you could have got the story right. That is not why Diwali is celebrated. So, may be get the story correctly before even trying jokes.
Here is the Diwali story as told in 21st Century in US by Indians.
*
*
A young second generation Indian in the US was asked by his mother to explain the significance of "Diwali" to his younger brother, this is how he went about it...
*
" So, like this dude had, like, a big cool kingdom and people liked him. But, like, his step-mom, or something, was kind of a bitch, and she forced her husband to, like, send this cool-dude, he was Ram, to some national forest or something... . Since he was going, for like, something like more than 10 years or so.... he decided to get his wife and his bro along... you know...so that they could all chill out together. But Dude, the forest was reeeeal scary shit... really man...they had monkeys and devil s and shit like that. But this dude, Ram, kicked with darts and bows and arrows... so it was fine.
*
But then some bad gangsta boys, some jerk called Ravan, picks up his babe (Sita) and lures her away to his hood. And boy, was our man, and also his bro, Laxman, pissed... all the gods were with him... So anyways, you don't mess with gods. So, Ram, and his bro get an army of monkeys... Dude, don't ask me how they trained the damn monkeys... just go along with me, ok...
*
So, Ram, Lax and their monkeys whip this gangsta's ass in his own hood.... Anyways, by this time, their time's up in the forest... and anyways... it gets kinda boring, you know... no TV or malls or shit like that. So,they deci ded to hitch a ride back home... and when the people realize that our dude, his bro and the wife are back home... they thought, well, you know, at least they deserve something nice... and they didn't have any bars or clubs in those days... so they couldn't take them out for a drink, so they, like, decided to smoke and shit... and since they also had some lamps, they lit the lamps also...so it was pretty cooool... you know with all those fireworks... . Really, they even had some local band play along with the fireworks... and you know, what, dude, that was the very first, no kidding.., thatwas the very first music-synchronized fireworks... you know, like the 4th of July stuff, but just, more cooler and stuff, you know. And, so dude,
that was how, like, this festival started."
Sentiments aside, at least you could have got the story right. That is not why Diwali is celebrated. So, may be get the story correctly before even trying jokes.
.soulty
04-29 01:34 PM
Great work guys !! :!: All are really good , but i still like Ironikart the most out of all of them. The way you gave the robot a humours characteristics with eyes and eyebrows won me over, great character building skills :)
more...
gopikrishnayr
09-07 10:34 AM
I just spoke to my attorney and according to him there might be other repurcussions if I block the check. It seems he has heard cases where Federal govt can do proceedings against you for blocking a check and you might end up paying more. Did anyone block their checks sucessfuly and not get into any issues.
veni001
12-28 11:07 AM
To get H-1 extension you need to have one of the following
Approved PERM labor (not expired)
PERM labor pending for 365 days or more
Pending I-140 or
Approved & "Valid" I-140
If you can not produce any of the above then "no" H1 extension beyond 6th year.
On the other hand once AOS is filed and 180 days passed, if you change your employer( assuming same or similar job), AC21 will protect that pending I485 even if approved I-140(assuming approved before move) is revoked by the original employer.
Background OF Myself
----------------------
a) Worked for Company A from 2003 to 2008.
b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).
d) Employer A revoked 140 which triggered 485 denial in October 2008.
e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
f)Applied AP & EAD renewal ,got a EAD card September 2010
g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?
Question
I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)
1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?
2)Can I have any chance of explain USCIS, by this rule below?
��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��
Thanks
KPR
Approved PERM labor (not expired)
PERM labor pending for 365 days or more
Pending I-140 or
Approved & "Valid" I-140
If you can not produce any of the above then "no" H1 extension beyond 6th year.
On the other hand once AOS is filed and 180 days passed, if you change your employer( assuming same or similar job), AC21 will protect that pending I485 even if approved I-140(assuming approved before move) is revoked by the original employer.
Background OF Myself
----------------------
a) Worked for Company A from 2003 to 2008.
b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).
d) Employer A revoked 140 which triggered 485 denial in October 2008.
e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
f)Applied AP & EAD renewal ,got a EAD card September 2010
g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?
Question
I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)
1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?
2)Can I have any chance of explain USCIS, by this rule below?
��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��
Thanks
KPR
more...
shana04
08-05 01:50 AM
Dear IVans,
After opening 3 SR's and letter through Attorney and finally infopass appointment (not yet done) got the FP notice for my self today (for the first time and applied for EAD renewal).
My dependent (my spouse) has not received her FP notice yet.
Questions:
1. FP is scheduled for Aug 16 2008 (which is Saturday) and is it common to have FP notice scheduled over the weekend in Dallas TX.
2. My spouse did not receive her FP notice, can I take her along with me for the appointment with all the Recipts (I mean all the req docs), will that work
3. And I have infopass appointment on Aug 12 would that help in finiding more details about my case?
Gurus, Please answers/provide your experience/suggestions to the above questions.
Last but not the least, I would like to thank all those who have suggested me in opening SR, take help of attorney, and to take infopass.
I would also like to thank (posted on other thread) who has suggested to called FBI to find out details, which has really helped me.
Hope this completes my cases.
Good luck to all and my best wished to every one (EB2 & EB3) mates.
After opening 3 SR's and letter through Attorney and finally infopass appointment (not yet done) got the FP notice for my self today (for the first time and applied for EAD renewal).
My dependent (my spouse) has not received her FP notice yet.
Questions:
1. FP is scheduled for Aug 16 2008 (which is Saturday) and is it common to have FP notice scheduled over the weekend in Dallas TX.
2. My spouse did not receive her FP notice, can I take her along with me for the appointment with all the Recipts (I mean all the req docs), will that work
3. And I have infopass appointment on Aug 12 would that help in finiding more details about my case?
Gurus, Please answers/provide your experience/suggestions to the above questions.
Last but not the least, I would like to thank all those who have suggested me in opening SR, take help of attorney, and to take infopass.
I would also like to thank (posted on other thread) who has suggested to called FBI to find out details, which has really helped me.
Hope this completes my cases.
Good luck to all and my best wished to every one (EB2 & EB3) mates.
LONGGCQUE
01-31 08:36 PM
DONE. Thanks for sharing. We all should take sometime and fill this form. Each individual voice adds and makes difference.
more...
485Mbe4001
10-24 03:16 PM
there is a link for questions on her CNN show at
http://www.cnn.com/feedback/forms/form5.html?6
last month i had emailed questions to Edward Kennedy and Jack Reid as a part of yahoo talk to the power. They were not picked up. It seems that the questions should be related to the topic that is given in advance. If they decide to question some one on a toic specifically on immigration reform, then your questions might move forward.
Maybe if we get in touch with her we can convince her to initiate such a discussion.
Thank you for the effort and initiative. After seeing your post, i have been trying to find contact of Judy Woodruff and havnt had much luck yet.If I get her contact I can call/write regarding IV.
http://www.cnn.com/feedback/forms/form5.html?6
last month i had emailed questions to Edward Kennedy and Jack Reid as a part of yahoo talk to the power. They were not picked up. It seems that the questions should be related to the topic that is given in advance. If they decide to question some one on a toic specifically on immigration reform, then your questions might move forward.
Maybe if we get in touch with her we can convince her to initiate such a discussion.
Thank you for the effort and initiative. After seeing your post, i have been trying to find contact of Judy Woodruff and havnt had much luck yet.If I get her contact I can call/write regarding IV.
wandmaker
07-19 05:09 PM
Receipt Number: eAC02080xxxx
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case Transfered to Another Office for Processing
Based on your receipt number, you have applied for adjustment of status on 80th working day of fiscal year 2002. Sorry to hear that you case still pending. You are concerned now and wokeup from sleep after 2 years, 10 months, 12 days. If you are (1) employment based, post your country of chargability, labor priority date and date your file I485 - some souls can take a educated guess. (2) family based I485, this forum is not for you - your only options is to call USCIS
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case Transfered to Another Office for Processing
Based on your receipt number, you have applied for adjustment of status on 80th working day of fiscal year 2002. Sorry to hear that you case still pending. You are concerned now and wokeup from sleep after 2 years, 10 months, 12 days. If you are (1) employment based, post your country of chargability, labor priority date and date your file I485 - some souls can take a educated guess. (2) family based I485, this forum is not for you - your only options is to call USCIS
more...
Administrator2
12-09 11:06 AM
Because Republicans are blocking every bill in the Senate until the issues of Tax cuts is resolved, Sen. Reid needed to postpone the cloture vote on Dream Act to buy time to get more support. Senate Majority leader needed “Unanimous Consent” to withdraw his cloture motion and push back the vote. He did not get it, forcing him to offer a motion to table the cloture vote.
Tabling the cloture vote will allow Sen. Majority leader to bring the DREAM Act up again when the other issues have been resolved, and when there are 60 votes. We expect that Dream Act will surely come up for vote again before the end of 111th Congress.
Tabling the cloture vote will allow Sen. Majority leader to bring the DREAM Act up again when the other issues have been resolved, and when there are 60 votes. We expect that Dream Act will surely come up for vote again before the end of 111th Congress.
bebar
05-20 02:03 PM
Guys
Is there a similar streamline process for Nebraska Service Center. My case which was pending for nearly two years at TSC just recently got transferred to NSC and my PD will not be current starting next mont. Is there any thing that I can do in the next 10 days or so?
Thanks!
Is there a similar streamline process for Nebraska Service Center. My case which was pending for nearly two years at TSC just recently got transferred to NSC and my PD will not be current starting next mont. Is there any thing that I can do in the next 10 days or so?
Thanks!
sajimm
08-05 01:18 PM
It's too early to make a judgment on this since I haven't seen the actual text of this bill. With Sen.Sessions history, I highly doubt whether there is anything good to EB folks in this bill.
Most likely this is just election politics.
Most likely this is just election politics.
I_need_GC
07-25 04:07 PM
Hi,
I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.
Now the questions:
1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?
A. Singh
She can apply for adjustment of status EAD I-485 she does not need to have H4 to apply for adjustment under you. She is not out of status because he status in the US is currently OPT even thoug the visa itself might have expired on the passport.
2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?
A. Singh
It will not be invalidated. Her status will change from F1 to Adjustment of status. You can legally stay in the US while your I-485 is pending and travel using AP or work using EAD.
3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?
A. Singh
In my opinion you don't need H4, but to be safe in case the I-485 gets denied then she will be out of status. Legally she can stay in the US while her I-485 is being processed that is one of the benefits of I-485.
4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?
A. Singh
Yes the 2 month gap provision called 245q protects you against 2 month of illegal work or stay. But in my opinion she will not be out of status in this situation after filing I-485.
4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.
Thanks,
A. Singh
I don't know the current fee you can check the uscis website.
I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.
Now the questions:
1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?
A. Singh
She can apply for adjustment of status EAD I-485 she does not need to have H4 to apply for adjustment under you. She is not out of status because he status in the US is currently OPT even thoug the visa itself might have expired on the passport.
2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?
A. Singh
It will not be invalidated. Her status will change from F1 to Adjustment of status. You can legally stay in the US while your I-485 is pending and travel using AP or work using EAD.
3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?
A. Singh
In my opinion you don't need H4, but to be safe in case the I-485 gets denied then she will be out of status. Legally she can stay in the US while her I-485 is being processed that is one of the benefits of I-485.
4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?
A. Singh
Yes the 2 month gap provision called 245q protects you against 2 month of illegal work or stay. But in my opinion she will not be out of status in this situation after filing I-485.
4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.
Thanks,
A. Singh
I don't know the current fee you can check the uscis website.
babu123
10-08 07:08 PM
bloody bulletin . never moves
I am still short of 16 days.
I am still short of 16 days.
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