rajenk
01-23 12:49 PM
Have you used AC21?
What are the implications if for some wierd reason your I-485 gets denied and you dont have an H1-B to fall back upon?
Say you have an H1-B which is extended for 3 yrs( based on approved I-140) from now till 2011, in the year 2011 your I-485 file is opned and its not approved for some reason so will you get another 3 yr extension for H1-B ie till year 2014?
When you are switching employer with AC21 using H1B you can get a transfer to the new company for 3 years and get extensions from the new employer when that 3 year expires. So no worries... Enjoy
What are the implications if for some wierd reason your I-485 gets denied and you dont have an H1-B to fall back upon?
Say you have an H1-B which is extended for 3 yrs( based on approved I-140) from now till 2011, in the year 2011 your I-485 file is opned and its not approved for some reason so will you get another 3 yr extension for H1-B ie till year 2014?
When you are switching employer with AC21 using H1B you can get a transfer to the new company for 3 years and get extensions from the new employer when that 3 year expires. So no worries... Enjoy
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sunshine2007
08-27 04:55 PM
this is a EB3 case and i'm the primary applicant not my spouse
kirupa
07-20 08:45 PM
What exactly do you dislike about it?
2011 South Beach Sand Castle by
sandy_anand
10-21 05:08 PM
sorry folks ... new member here...
my profile should have some info now....
Welcome waitingimmigrant!
my profile should have some info now....
Welcome waitingimmigrant!
more...
ysramu
03-31 02:09 PM
previously when entering on AP, they used to ask for receipt of 485.
so main proof they look for is a valid 'inprogress' 485 appln.
i dont think theyll ask ur wife to show her EAD card at the port of entry.
to be safe, give her a cpy of 485 reciept, a copy of the receipt for the new EAD, and carry the old ead card. i think u shud be fine.
having valid , nonlapsed EAD cards is probably only imp for those who are USING the ead. if ur wife is not working and if her ead arrves few weeks late, it wont matter as long as u have applied for its renewal and have proof of it.
this shud be an easy qn for ur attorney.
Thank you for the response. I asked my Attorney all but my change of employment, since he represents my employer, and I still haven't decided on my new employer, little cautious this time.
so main proof they look for is a valid 'inprogress' 485 appln.
i dont think theyll ask ur wife to show her EAD card at the port of entry.
to be safe, give her a cpy of 485 reciept, a copy of the receipt for the new EAD, and carry the old ead card. i think u shud be fine.
having valid , nonlapsed EAD cards is probably only imp for those who are USING the ead. if ur wife is not working and if her ead arrves few weeks late, it wont matter as long as u have applied for its renewal and have proof of it.
this shud be an easy qn for ur attorney.
Thank you for the response. I asked my Attorney all but my change of employment, since he represents my employer, and I still haven't decided on my new employer, little cautious this time.
bekugc
03-07 10:26 AM
can somebody pls answer the above qns?
thanks
thanks
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abimanyu
08-19 09:20 AM
What impact does premium processing have on your application, if your file is stuck in Dallas BEC for over 3 1/2 years? Does this mean the application will be processed faster now?! Or is this only for new applicants?:(
2010 North Myrtle Beach, SC : Sand
nish
10-06 05:54 PM
You could apply to change status from L-1 to H-1B while staying in the US. If the L-1 expires while the change of status is pending, however, you could not work during the gap.
You should not have a problem getting a H-1B visa in India. Have you thought about Canada or Mexico either?
My L1 visa is expiring on Nov5 2009 and If I have file my COS status in mid of oct and it's in pending status at the time of my L1 visa expiry date then will i be able to stay in US or do i have to go back india
You should not have a problem getting a H-1B visa in India. Have you thought about Canada or Mexico either?
My L1 visa is expiring on Nov5 2009 and If I have file my COS status in mid of oct and it's in pending status at the time of my L1 visa expiry date then will i be able to stay in US or do i have to go back india
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raviram1980
01-15 07:12 AM
Hi All,
I would greatly appreciate if you can respond to my query. I went for Visa Stamping Interview at New Delhi Consulate on 3rd Dec. I was given a pink slip /administrative processing and told by VO that i will get a response within 3 weeks, but it has been 6 weeks now and my case is still pending. I wanted to know
1. if I can withdraw my H-1B visa stamping and travel back on Advanced Parole ?
2. If I go back using my AP would my H-1B visa be invalid and would I have to use my EAD for working ?
3. My AP right now is back in USA with my wife. Is there any issue if she sends it by courier to me here in India ?
Please let me know at your earliest convenience,
Thanks
I would greatly appreciate if you can respond to my query. I went for Visa Stamping Interview at New Delhi Consulate on 3rd Dec. I was given a pink slip /administrative processing and told by VO that i will get a response within 3 weeks, but it has been 6 weeks now and my case is still pending. I wanted to know
1. if I can withdraw my H-1B visa stamping and travel back on Advanced Parole ?
2. If I go back using my AP would my H-1B visa be invalid and would I have to use my EAD for working ?
3. My AP right now is back in USA with my wife. Is there any issue if she sends it by courier to me here in India ?
Please let me know at your earliest convenience,
Thanks
hair Brighton each sandcastle
deardar
09-29 01:39 PM
Thank you
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PD_Dec2002
08-27 04:53 PM
I sumited my wife's & my I140 and I485 together in this July 2nd, 2007. I already got receipt and the requesting for fingerprinting. If i file a divorce now does it going to have any effect on my processing?
this is very important.
Depends on who the primary applicant is.
Thanks,
Jayant
this is very important.
Depends on who the primary applicant is.
Thanks,
Jayant
hot red each sand arc
gc4arun
08-22 02:12 PM
Yes, am close.. Nov 17, 2003 Eb2 and waiting for sept 1st :) Had an interview last month
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house each sand castle - 1103
saketkapur
05-07 12:43 PM
Its not mandatory.....you can file it anytime........its totally up to you and your immigration lawyer depending on your situation.
You will still need to meet the requirements of wage and same or similar job criteria whenever(if) you decide to file it or get an RFE.
You will still need to meet the requirements of wage and same or similar job criteria whenever(if) you decide to file it or get an RFE.
tattoo celina58: Expert de Prise2Tete
rbalaji5
02-20 01:27 PM
Eb2 - India. We filed I140 and then I-485 in July 2007. PD May 2007. Got I-140 approved. EAD / AP approved for me / spouse and Kids. They soft LUD on I-485 after one week of I-140 approval. and My spouse got the RFE.
We just submitted a affidavit during my i485 filing in July as dont have her birth certificate at that time. Now we got RFE for my spouse saying that they need the birth certificate or Non-availability certificate. When we checked with the Birth Registration office, They have the birth certificate but with different Birth date(Her parents changed her Date of Birth during pre-school admission) - Now new DOB is reflected in all her Officical Documents(school vertificate, Passports, Driving License etc) whereas her birth certificate has the original date. Shall I submit the original Birth Certificate alongwith the Affidavit saying the mistake made by her Parents as the response this RFE. Since the Birth certificate is available in the registration office at different date, they refused to provide the non-availability certificate.
Gurus - Please advise.
We just submitted a affidavit during my i485 filing in July as dont have her birth certificate at that time. Now we got RFE for my spouse saying that they need the birth certificate or Non-availability certificate. When we checked with the Birth Registration office, They have the birth certificate but with different Birth date(Her parents changed her Date of Birth during pre-school admission) - Now new DOB is reflected in all her Officical Documents(school vertificate, Passports, Driving License etc) whereas her birth certificate has the original date. Shall I submit the original Birth Certificate alongwith the Affidavit saying the mistake made by her Parents as the response this RFE. Since the Birth certificate is available in the registration office at different date, they refused to provide the non-availability certificate.
Gurus - Please advise.
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sri1309
04-11 10:43 PM
Gator,
I would be positive that since RFE wasnt answered on time, USCIS knows that it denied it very probably only on the fact that RFE wasnt answered. Now if you MTR using a decent attorney, then there is a good chance that you will get approved. Make sure you have all documentation in place. Refer to "I-140 denied, urgent help, please" forum also in immigration.com's site.
485 can be reinstated if I140 is approved again. There are cases to get MTR cleared in less than a month.
I can imagine how it feels, but I am sure you have a chance. Go to a big law firm and a good attorney.
Sri.
I would be positive that since RFE wasnt answered on time, USCIS knows that it denied it very probably only on the fact that RFE wasnt answered. Now if you MTR using a decent attorney, then there is a good chance that you will get approved. Make sure you have all documentation in place. Refer to "I-140 denied, urgent help, please" forum also in immigration.com's site.
485 can be reinstated if I140 is approved again. There are cases to get MTR cleared in less than a month.
I can imagine how it feels, but I am sure you have a chance. Go to a big law firm and a good attorney.
Sri.
dresses Sand Castle
meridiani.planum
10-07 05:32 PM
My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
had asked my lawyer this question a while ago. his answers were:
- its still possible to extend H1.
- depending on your luck eithe ryou get an I94 attached with H1 extension in which case all is cool, you are back on H1. Or, you would need to travel across the border and come back, to "Activate" the H1.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
had asked my lawyer this question a while ago. his answers were:
- its still possible to extend H1.
- depending on your luck eithe ryou get an I94 attached with H1 extension in which case all is cool, you are back on H1. Or, you would need to travel across the border and come back, to "Activate" the H1.
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HRPRO
02-09 03:15 PM
If the new place of employment is more than 50 miles, then a new LCA has to be obtained. In your case, your parent company might also have to file a Successor of Interest petition for your H1 depending on the terms of acquisition (irrespective of whether you move to bay area or not).
Roseball,
I dont think The Successor of Interest petition would be necessary as his employer is the company who acquired the other compnay. If it was the other way around then the Successor of Interest petition would have been a necessity.
HRPRO
Roseball,
I dont think The Successor of Interest petition would be necessary as his employer is the company who acquired the other compnay. If it was the other way around then the Successor of Interest petition would have been a necessity.
HRPRO
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gc28262
06-14 05:00 PM
I wonder whether the author even worries about America's competitiveness. For him it is all about him, his citizenship etc. Lesser competition means better wages for writing 4 lines of HTML code. Why should he care about America and its competitiveness !
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BharatPremi
03-18 01:44 PM
what is GC sponser?
Amazing... Do you really have an EAD?
Amazing... Do you really have an EAD?
casinoroyale
08-22 09:42 AM
I know that it is possible to apply for H1-B visa and enter after using EAD. But, I am little dubious about using old visa after using EAD, but it should not make much of a difference I think.
In any case, you should be prepared to field questions at the POE for your actions otherwise he may ask you to use AP instead.
By the way, this is the only way one can re-instate their H1-B status after using EAD.
Coming back on H-1B after using EAD
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
In any case, you should be prepared to field questions at the POE for your actions otherwise he may ask you to use AP instead.
By the way, this is the only way one can re-instate their H1-B status after using EAD.
Coming back on H-1B after using EAD
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
Jaime
07-30 05:06 PM
Hey man, there are like 2 other threads on this, but I'm glad that you brought it up, because this subject seems to have fallen by the wayside. I think that we should take this initiative by Senator Specter into consideration as part of our September 13 rally efforts, thoughts?