desidude
07-22 09:47 AM
My attorney asked me to put A# as N/A. I assume, N/A is applicable to all h1b holders. Make sure, you write the correct I-94#, otherwise they might reject/send back your application because of improper information. I think, it is not appropriate to give A# from your OPT card.
Hello,
I have a couple of questions here:
1) The last digit of the I-94# number is not very clear(Not sure if it is a 3 or 8). What do I write in the 485? Is there any way to find the correct one?
2) I filed the I140 without providing the A#. I understand that when I dont provide one, a new one is generated. And the A# is usually used to link the 485 with the 140. Now when I apply for 485, if I give the A# from my OPT EAD, will it be a problem because a new number will be already generated for I140? Should I write the A# in 485 or just leave it??
Thanks in advance for all the replies.
Hello,
I have a couple of questions here:
1) The last digit of the I-94# number is not very clear(Not sure if it is a 3 or 8). What do I write in the 485? Is there any way to find the correct one?
2) I filed the I140 without providing the A#. I understand that when I dont provide one, a new one is generated. And the A# is usually used to link the 485 with the 140. Now when I apply for 485, if I give the A# from my OPT EAD, will it be a problem because a new number will be already generated for I140? Should I write the A# in 485 or just leave it??
Thanks in advance for all the replies.
rdx0
01-09 10:57 PM
Yes, you can file for multiple visa simultaneously. Your I-9 may determine where you landed at last.
People have no jobs and you are talking about several offers;)
Thanks. I know H1B visa can be applied through multiple employers at the same time ... what I was wondering that can it be applied by the second employer after the expiry of my I-94 ?? Because I have heard that one of the criteria for filing for extension is that it must be filed b4 the expiry of I-94, and that concerns me...
and, no, buddy, i don't have multiple job offers, the 1st company is simply a staffing company with which I would be filing just so that i don't go 'out of status' b4 i get the job with the 2nd company ... i'll be paying the fees from my pocket... I have good chances that i will get that job but not certain... i wish i had several offers... i am just trying to figure out what my options are here...
People have no jobs and you are talking about several offers;)
Thanks. I know H1B visa can be applied through multiple employers at the same time ... what I was wondering that can it be applied by the second employer after the expiry of my I-94 ?? Because I have heard that one of the criteria for filing for extension is that it must be filed b4 the expiry of I-94, and that concerns me...
and, no, buddy, i don't have multiple job offers, the 1st company is simply a staffing company with which I would be filing just so that i don't go 'out of status' b4 i get the job with the 2nd company ... i'll be paying the fees from my pocket... I have good chances that i will get that job but not certain... i wish i had several offers... i am just trying to figure out what my options are here...
saketkapur
03-26 11:09 AM
My wife got it stamped twice in Delhi....there were no issues as her application does not mention any 485 filing......
You can only file for her adjustment once her waiver requirements have been met....until then she has nothing to do with your application.
Once her waiver requirements have been met and your PD is current she can file her I-485application as an "accompnying spouse".
Now there has been some difference of opinion as per different answers I have received on forums from Murthy and Ron Gotcher. As per Murthy the I-485 can only be filed once the waiver is complete but as per Ron AOS can be filed once the waiver is approved. In the latter scenario she can make use of EAD and AP benefits but her final AOS will only be approved upon waiver completion. (Both the above scenarios are obviously only possible if your date is current.....:eek:)
If any of you guys find out whichever of the above scenarios is correct then please update the thread......even though with the PDs sitting in dark ages I do not think the above situation will really matter in my case.
Above is just my opinion. Please consult a reputed immigration attorney as every case is different.
Thanks for your response. I understand the process for J1 waiver and I have PD of Oct 2007 and hence not worried about including her in my 485 for now.
I'm more worried along the lines of her J1 visa stamping and problems at port of entry while returning to US. Since USCIS knows that I'm planning to immigrate to US (due to I-140) will they ask any questions or make her life difficult or reject her visa while stamping.
Did you wife go through J1 stamping when your I-140 was approved? Can you also provide your email id to know more about J1 waiver details in your case and how you handled it. It would be useful for us in another 3 years :-)
You can only file for her adjustment once her waiver requirements have been met....until then she has nothing to do with your application.
Once her waiver requirements have been met and your PD is current she can file her I-485application as an "accompnying spouse".
Now there has been some difference of opinion as per different answers I have received on forums from Murthy and Ron Gotcher. As per Murthy the I-485 can only be filed once the waiver is complete but as per Ron AOS can be filed once the waiver is approved. In the latter scenario she can make use of EAD and AP benefits but her final AOS will only be approved upon waiver completion. (Both the above scenarios are obviously only possible if your date is current.....:eek:)
If any of you guys find out whichever of the above scenarios is correct then please update the thread......even though with the PDs sitting in dark ages I do not think the above situation will really matter in my case.
Above is just my opinion. Please consult a reputed immigration attorney as every case is different.
Thanks for your response. I understand the process for J1 waiver and I have PD of Oct 2007 and hence not worried about including her in my 485 for now.
I'm more worried along the lines of her J1 visa stamping and problems at port of entry while returning to US. Since USCIS knows that I'm planning to immigrate to US (due to I-140) will they ask any questions or make her life difficult or reject her visa while stamping.
Did you wife go through J1 stamping when your I-140 was approved? Can you also provide your email id to know more about J1 waiver details in your case and how you handled it. It would be useful for us in another 3 years :-)
dingudi
03-05 01:45 PM
I found this link and it is mentioned that there are two type of appointment. I got the second type.
http://www.immigrationlinks.com/news/news418.htm
I was wondering if the ASC asks to reschedule instead of doing a walk-in again , as my search tells me that Boston ASC most likely will ask to reschedule. Can we just go to another nearest ASC (Rhode Island) or Manchester, NH which allows walk-in after the finger heals instead of waiting for the rescheduled appointment notice to be received from the original ASC. My wife has made plans to go visit her parents in next 2 weeks and we did not anticipate that such a thing would happen.
http://www.immigrationlinks.com/news/news418.htm
I was wondering if the ASC asks to reschedule instead of doing a walk-in again , as my search tells me that Boston ASC most likely will ask to reschedule. Can we just go to another nearest ASC (Rhode Island) or Manchester, NH which allows walk-in after the finger heals instead of waiting for the rescheduled appointment notice to be received from the original ASC. My wife has made plans to go visit her parents in next 2 weeks and we did not anticipate that such a thing would happen.
more...
Hassan11
02-21 04:35 PM
My answer might be a little too pessimistic but I actually filed an appeal for a denied LC in Sep 2006. and as of today I still haven't heard from them. we tried calling and emailing them but they keep asking us to wait and they will get to it.
sorry and good luck. please keep me updated if you hear something from them.
Thanks
I filed my LC on June 06. The Certification was denied on Feb 07, I filed an appeal right away, and I have not heard anything. I called the DOL so many time and they gave me the same response: "Your case is in process, we work on first in, first out, and we do not expedited cases, we don't have a frame time" That is not a concrete answer.
There is any body that faced a similar situation, Please advised�. what to do!!!!
Thank u.
sorry and good luck. please keep me updated if you hear something from them.
Thanks
I filed my LC on June 06. The Certification was denied on Feb 07, I filed an appeal right away, and I have not heard anything. I called the DOL so many time and they gave me the same response: "Your case is in process, we work on first in, first out, and we do not expedited cases, we don't have a frame time" That is not a concrete answer.
There is any body that faced a similar situation, Please advised�. what to do!!!!
Thank u.
sbmallik
04-03 03:35 PM
No problem, you can apply for Canadian visitor visa: do reveal your current status (AOS) - Canadian immigration will see your ties to the US and they will issue the visa (as per your situation, you are less likely to overstay the visitor visa).
more...
rheoretro
11-07 01:20 PM
Friends,
Can you all post the names of good consulting companies to work for. Let's create a list here.
Thanks,
And what would that list of "good consulting companies" have to do with IV? Or Employment-Based LEGAL IMMIGRATION?
Can you all post the names of good consulting companies to work for. Let's create a list here.
Thanks,
And what would that list of "good consulting companies" have to do with IV? Or Employment-Based LEGAL IMMIGRATION?
drirshad
09-27 08:23 PM
And the oldies r gonna retire creating more jobs what will they do then, i m sure somethin goin on to make us suffer especially ..........
more...
rajeshalex
11-18 07:07 PM
you can check with info@alexys.us... They can help you to get the appointment.
My H1b I did through them..
Rajesh
My H1b I did through them..
Rajesh
atlfp
04-08 11:42 AM
I am wondering if there is any legal ground to force DOS to disclose visa usage each month. Obviously DOS has been playing this number game in a super conservative approach, which will definitely cause large amount of numbers to be wasted this year.
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SunnySurya
07-13 12:49 PM
Reading your post, it seems that it is better for me to do nothing (option A).
talk to an attorney.
I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.
talk to an attorney.
I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.
windycloud
09-29 04:05 PM
EDIT (correction) - from this link: http://thevisabulletin.com/2008/7th-year-h-1b-extensions-under-ac21-104c-and-106a-statutes-and-uscis-guidance/
Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
more...
what4gc
05-14 12:34 PM
Mine was sitting in the mail box, no signature required.
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.
more...
yawl
07-17 12:34 AM
This is a very good one. It mentioned per-country-limit and wasted visa numbers.
Porch
08-24 09:32 AM
I worked for company A till Jun 2003 on h1 for 3 years. Then i went back to India and switched to company B. Now I'm in US on L1 thru company B. I'm thinking of switching back to company A in US. But my H1 got expired on June 2004. My question: Is it possible to renew the original H1 processed by company A now and start working for it? Please help.
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marty
01-09 11:40 AM
Come on fellas, I need your input.
va_dude
02-17 05:06 PM
I wonder why they even need new FPs, its not like i shed my skin and grew a new one with a new finger print.
Just another wasted step in "the" process i guess :)
Just another wasted step in "the" process i guess :)
iwantgc
09-11 06:34 PM
I've been a silent avid reader of this website and I'm also among those EB3 retro victims. I'm starting a thread about what I read from shusterman website " there's no chance getting an immigration bill inacted before November election" and see what's everyone's opinion on this.
iwantgc
iwantgc
gcseeker2002
02-12 05:14 PM
Is it possible to transfer H1 from company A to B after I-140 approval and H1- 3 year extension and continue the GC process (apply for I-485 when date becomes current) with company A provided company A has no objections?
Continuiing GC process does not mean just filing I485 , you need to apply labor and when filing 140 apply to recapture old PD , and , then file 485 if dates are current.
Continuiing GC process does not mean just filing I485 , you need to apply labor and when filing 140 apply to recapture old PD , and , then file 485 if dates are current.
piyu7444
04-14 01:35 AM
As soon as you use EAD you will lose h1b for sure.......Moonlighting is something you would want to explore but the way USCIS explains it and define it.......it might be a big risk to take by using EAD but this is just me........