hiaray
09-30 12:43 PM
Hi pkrg21,
So before I-485 becomes current, as long as I-140 gets approved, then we are okay to lose current job, either laid off or change job? I think I-140 approval doesn't take long, right? It's just I-485 takes forever?
I'm quite new to this process. My employer just filed Labor Certificate last week. I'm also a little worried if my employer goes bankruptcy some day.
Thanks,
~ray
So before I-485 becomes current, as long as I-140 gets approved, then we are okay to lose current job, either laid off or change job? I think I-140 approval doesn't take long, right? It's just I-485 takes forever?
I'm quite new to this process. My employer just filed Labor Certificate last week. I'm also a little worried if my employer goes bankruptcy some day.
Thanks,
~ray
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Prashanthi
09-04 01:49 PM
Yes he can travel during the transfer, in order to file the transfer he will have to show latest paystubs from his previous H-1 employer or he has to show that he reported to work and was hired before he can file for a transfer. To file a transfer the USCIS charges $500 +$320+ $750 ($1500 if the petitioner has more than 25 employees).
abhicyber
10-22 10:26 PM
Hi,
Any idea how long does it take to get AP approved after a soft LUD on AP?
I485/AP/EAD - NSC - Notice date 8/16/07.
FP: Done 09/29
EAD: Waiting
AP: Waiting (Soft LUD 10/22)
Thank you in advance.
AB
Any idea how long does it take to get AP approved after a soft LUD on AP?
I485/AP/EAD - NSC - Notice date 8/16/07.
FP: Done 09/29
EAD: Waiting
AP: Waiting (Soft LUD 10/22)
Thank you in advance.
AB
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villamonte6100
08-20 10:01 AM
Any one??
Whats next??
GC Interview:
How's (or what's in) the process?
What questions do they ask?
Whats next??
GC Interview:
How's (or what's in) the process?
What questions do they ask?
more...
java4yogi
03-28 07:38 PM
Hi,
I have been searching a lot for the H4-H1 cases and have come across the following responses from my lawyer.
My wife has an H4 from my previous company expiring in July end 2007.
I have a new approved H1 petition from my new employer approved till Aug 2008. The new employer did not apply for my wife's H4 transfer petition.
I am now applying for my wife's H1 and I had queried from the lawyers if I need to do the following :
a) Do we need to apply for my wife's H4 extension now to my current employer.
RESPONSE FROM LAWYER : NO
b) Do we need to apply for the extension for my wife's H4 visa, since it is ending last week of July 2007.
RESPONSE FROM LAWYER : NO
I am not sure if I am getting the correct responses from my company's lawyer.
I think my wife is going to go out of status if my company does not apply for her H4 extension. Is that correct ?
Also, if her H4 is only valid till July end 2007, will the INS issue her an H1 based on this ? Will my wife be forced to leave US from Aug onwards if her H1 petition is pending with the INS?
I would be very thankful if you could respond to these statements from my lawyer and advise.
Thanks a lot in advance.
I have been searching a lot for the H4-H1 cases and have come across the following responses from my lawyer.
My wife has an H4 from my previous company expiring in July end 2007.
I have a new approved H1 petition from my new employer approved till Aug 2008. The new employer did not apply for my wife's H4 transfer petition.
I am now applying for my wife's H1 and I had queried from the lawyers if I need to do the following :
a) Do we need to apply for my wife's H4 extension now to my current employer.
RESPONSE FROM LAWYER : NO
b) Do we need to apply for the extension for my wife's H4 visa, since it is ending last week of July 2007.
RESPONSE FROM LAWYER : NO
I am not sure if I am getting the correct responses from my company's lawyer.
I think my wife is going to go out of status if my company does not apply for her H4 extension. Is that correct ?
Also, if her H4 is only valid till July end 2007, will the INS issue her an H1 based on this ? Will my wife be forced to leave US from Aug onwards if her H1 petition is pending with the INS?
I would be very thankful if you could respond to these statements from my lawyer and advise.
Thanks a lot in advance.
nashorn
12-18 05:53 PM
Gurus, please help. Can anybody throw some light on why my LUD has changed on I-485. Could it be because of name clearance.
Name check cleared would not result in a lud. But if you get more luds in the next couple of days, which probebly means they are processing your case, you can say your name check is cleared, because they only start process your case after name check is cleared.
Is you PD current? If not, your case cann't be approved no matter how many luds.
Name check cleared would not result in a lud. But if you get more luds in the next couple of days, which probebly means they are processing your case, you can say your name check is cleared, because they only start process your case after name check is cleared.
Is you PD current? If not, your case cann't be approved no matter how many luds.
more...
h1bdude1
04-20 11:04 PM
Hello guys,
I am sending my family based I-485 on May 1. currently i am on h1b . My h1b approval (I-797A) is valid till April 15, 2009. my h1b extension is already pending with USCIS. My Question is :::----
Is there gonna be any problem with USCIS since my h1b approval already expired?? what will be my status after i filled my I-485?? Can i legally stay in US after filing family based I-485 even my h1b extension get denied.???
thanks
h1bdude1
I am sending my family based I-485 on May 1. currently i am on h1b . My h1b approval (I-797A) is valid till April 15, 2009. my h1b extension is already pending with USCIS. My Question is :::----
Is there gonna be any problem with USCIS since my h1b approval already expired?? what will be my status after i filled my I-485?? Can i legally stay in US after filing family based I-485 even my h1b extension get denied.???
thanks
h1bdude1
2010 Lady Gaga Reveals Born This
dealsnet
07-31 05:19 PM
If you are eligible for EB1, file I-140 now. EB1 is always current in every VB. No need to port EB3 PD. For EB1, no need for Labor process; direct I-140 filing.
Hi,
I am currently working on EAD, having invoked AC21 once in the past. My labor was filed in 2005 under EB3 (I was eligible for EB2, but my company filed it under EB3, as per their policy). I filed 485 during July 2007 fiasco and am currently working on EAD.
My job qualifies for EB1 now and few of my peers have got Green Card under EB1. Can I port my filing from EB3 to EB1? Would it be better to do it with current employer or with a new employer? Pl. advice.
Thanks
Hi,
I am currently working on EAD, having invoked AC21 once in the past. My labor was filed in 2005 under EB3 (I was eligible for EB2, but my company filed it under EB3, as per their policy). I filed 485 during July 2007 fiasco and am currently working on EAD.
My job qualifies for EB1 now and few of my peers have got Green Card under EB1. Can I port my filing from EB3 to EB1? Would it be better to do it with current employer or with a new employer? Pl. advice.
Thanks
more...
webm
10-28 09:15 AM
Do you get I-94 if you travel and entering US on AP--YES ?
If yes what is end date on I-94 and how you get extention of I-94 for that I-94 ?--You will be on AOS status after I-94 expires also you can still get H1 extension and obtain new I-94,continue renewing EAD/AP
see the resp in bold...
If yes what is end date on I-94 and how you get extention of I-94 for that I-94 ?--You will be on AOS status after I-94 expires also you can still get H1 extension and obtain new I-94,continue renewing EAD/AP
see the resp in bold...
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Roni
06-11 10:43 PM
My employer let me signed 3 contracts. First was for the year 2006 then two for 2007. They said they just changed a few things but it is the same. The previous two contracts said if ever employment is terminated prior to an agreed date, reimbursement to the employer will be pro-rated. The 3rd contract was changed to reimbursing the employer the full amount of the contract which means H1B fees, recruitment fees, sign-on bonus and reimbursement. I was not aware that they've changed the reimbursement because I did not read the third contract anymore because they said it's the same.
Is it legal for the employer to charge the H1B employee the H1B fees, recruitment fee, sign-on bonus and reimbursements? I applied directly to my employer but they hired a recruiter and was just made aware of the huge amount after working for 3mos with them. They never gave me a copy of the total amount of my contract until I asked for it.
They filed for my I-140. It was already approved and just waiting for the I-485 to be filed.
Thank you so much for your help.
Is it legal for the employer to charge the H1B employee the H1B fees, recruitment fee, sign-on bonus and reimbursements? I applied directly to my employer but they hired a recruiter and was just made aware of the huge amount after working for 3mos with them. They never gave me a copy of the total amount of my contract until I asked for it.
They filed for my I-140. It was already approved and just waiting for the I-485 to be filed.
Thank you so much for your help.
more...
immi_seeker
08-31 06:08 PM
I took an infopass appointment last october and my FBI name check status was pending. After seeing the USCIS memo on march4th that all namecheck pending for 180 days has been cleared by feb 28th 2009, i went again for an infopass appt last week. IO toldme that my namecheck is still pending.
So i contacted my senators office same day and sent all my info along with the USCIS memo. Next day senators office called me back and told me that they called USCIS and came to know that my name check has been cleared. Senators office told me that infopass information could be wrong or may not have been updated.
IS that a possibility ? any inputs ?
I took infopass again last week and the IO told me the FBI name check is still pending. My lawyer initiated and inquiry to nebraska serv center and got following notification
"CIS electronic records indicate that both applicants have current Fingerprint results and FBI name checks"
Does that mean FBI name check is cleared?. If yes why infopass showing wrong thing?. Also i had only one FP done, that was in sep 2007.
So i contacted my senators office same day and sent all my info along with the USCIS memo. Next day senators office called me back and told me that they called USCIS and came to know that my name check has been cleared. Senators office told me that infopass information could be wrong or may not have been updated.
IS that a possibility ? any inputs ?
I took infopass again last week and the IO told me the FBI name check is still pending. My lawyer initiated and inquiry to nebraska serv center and got following notification
"CIS electronic records indicate that both applicants have current Fingerprint results and FBI name checks"
Does that mean FBI name check is cleared?. If yes why infopass showing wrong thing?. Also i had only one FP done, that was in sep 2007.
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sc3
08-07 08:28 PM
I have an approved i140 from old employer, using which I am planning to file i485 (As PD from old PERM/i140 is current for the month of Aug. & no labor filed for ne employer). As I am in good terms with old employer, they are ready to give me a "future employment letter" for my GC processing.
Can someone please let me know -
1. Format of the letter, details thats needs to be present in it,
2. Anything else I need from the old employer.
Thanks!
Depends, is the job offer/position still open? Do you intend to go back to your old company when you get the GC? If not, it is illegal to file 485 (by means of fraud) using the old i140.
If legal, I guess the job offer should just state that the offer is contingent upon getting your permanent residency.
PS: I have no experience in "future offer letter", but making a guess based on the offer letter I got when I had not yet got my H1.
Can someone please let me know -
1. Format of the letter, details thats needs to be present in it,
2. Anything else I need from the old employer.
Thanks!
Depends, is the job offer/position still open? Do you intend to go back to your old company when you get the GC? If not, it is illegal to file 485 (by means of fraud) using the old i140.
If legal, I guess the job offer should just state that the offer is contingent upon getting your permanent residency.
PS: I have no experience in "future offer letter", but making a guess based on the offer letter I got when I had not yet got my H1.
more...
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saimrathi
07-12 10:28 AM
PLease keep all media info in media thread.. Thanks.
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rrarunan
11-17 10:09 PM
Hi Everyone
Just wondering if anyone in the forum can help me with this question.
My original EAD applied for in June 12, 2010 was approved on Sep 2, 2010. But, the document was lost in mail and after 90 days I was instructed by USCIS to reapply.
And, I did reapply on Oct 12, 2010 and the case is pending on initial review although I received the I-797 Notice of Action 'Replacement Receipt' on Oct 15, 2010.
According to the I-9 Receipt rule, I can start work for a period of 90 days using the 'replacement receipt' which is just a similar receipt for an I-765 application but for a replacement EAD (lost in mail). This is in the I-9 handbook in the uscis.gov site.
My question is:
According to the 90 day unemployment rule starting April 8, 2008, if we start employment using the I-9 receipt rule, do the days of unemployment still count against the aggregate of 90 days allowed after the OPT start date ?( which in my case is Sep 20, 2010.. I presume because this is the date I had provided on the approved original EAD application which was approved on Sep, 2nd, 2010 and I had lost in the mail).
So, basically in this special case where both the I-9 receipt rule & 90 day unemployment rule apply, what happens with the umemployed days accrued even if i accept employment?
Thanks.
Any help would be deeply appreciated.
Just wondering if anyone in the forum can help me with this question.
My original EAD applied for in June 12, 2010 was approved on Sep 2, 2010. But, the document was lost in mail and after 90 days I was instructed by USCIS to reapply.
And, I did reapply on Oct 12, 2010 and the case is pending on initial review although I received the I-797 Notice of Action 'Replacement Receipt' on Oct 15, 2010.
According to the I-9 Receipt rule, I can start work for a period of 90 days using the 'replacement receipt' which is just a similar receipt for an I-765 application but for a replacement EAD (lost in mail). This is in the I-9 handbook in the uscis.gov site.
My question is:
According to the 90 day unemployment rule starting April 8, 2008, if we start employment using the I-9 receipt rule, do the days of unemployment still count against the aggregate of 90 days allowed after the OPT start date ?( which in my case is Sep 20, 2010.. I presume because this is the date I had provided on the approved original EAD application which was approved on Sep, 2nd, 2010 and I had lost in the mail).
So, basically in this special case where both the I-9 receipt rule & 90 day unemployment rule apply, what happens with the umemployed days accrued even if i accept employment?
Thanks.
Any help would be deeply appreciated.
more...
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birdwing
04-07 09:12 AM
Nice work
:lol: poor little kid :beer:
:lol: poor little kid :beer:
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GCVictim
12-02 08:45 PM
Hi friends,
I planning to change my employer after 180days and I want go for the fulltime by using my EAD because my I-485 will take next 3 or 4 years (PD May-2007). My present H1 is still Oct 2008 (labor and I-140 cleared).
1. What are the chances for rejecting my I-485 file?
2. If my I-485 file rejected after my H1 expired (EAD using) ?
3. How to settle out this ? Do I need to go back india?
Seniors please provide me suggestions.
I planning to change my employer after 180days and I want go for the fulltime by using my EAD because my I-485 will take next 3 or 4 years (PD May-2007). My present H1 is still Oct 2008 (labor and I-140 cleared).
1. What are the chances for rejecting my I-485 file?
2. If my I-485 file rejected after my H1 expired (EAD using) ?
3. How to settle out this ? Do I need to go back india?
Seniors please provide me suggestions.
more...
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gc_chahiye
07-25 05:29 PM
this makes it very hard for people who jumped jobs in their 7th/8th years with 1 year extensions from new employer. All were hoping to get LC+I_140 done within that year so they are eligible for further H1B extensions.
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hopefullegalimmigrant
05-31 12:56 PM
Guys
Thanks for your responses.
Thanks for your responses.
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gc_kaavaali
06-19 04:46 PM
I am sorry to ask...If H1B doesn't have I-94 attatched to it and it was approved when my friend was in india, he can work on L1. My question is, if he moves out of country and get H1B stamped, can he work on L1?
speddi
02-23 02:57 PM
One of my friend is in the same situation and he has been told by his lawyer that he can get his part-time concurrent H1 Extn for 3 years based on fulltime concurrent H1 approved I-140.
He is going to apply the same soon.
Good Luck!
Thank you very much for the quick response. Do you think I can talk to your friend for further details?
He is going to apply the same soon.
Good Luck!
Thank you very much for the quick response. Do you think I can talk to your friend for further details?
vikramy
05-29 11:19 AM
My Wife got an RFE on her Medical. Her RFE is
A review of your file indicates that you submitted a medical examination completed by designated civil surgeon. however, the civil surgeon failed to complete the immunizations supplement to Form I-693.
Please return to the civil surgeon so that civil surgeon can administer appropriate vaccinations.
I know she did not take Measles Vaccine as it she was pregnant that time.
My wife is currently in India. My questions are
1) Does she need to go through complete medical examination again? will it be enough to just send documentation regarding missing vaccine. (There is no info given in RFE regarding what is incomplete)
2) can she do any thing about medical exam in India. I mean can she get a certificate from India?
3) can we ask for additional time to respond to RFE? If yes is it Advisable and safe? How much additional time can be requested?
4) If she has to travel back, she has to travel on AP as My H1 transfer is pending. So my question is what happens if her H4 gets approved before she comes here. Does she need to apply H4 again?
5) If my H1 transfer does not get approved till she comes back, My understanding is, once H4 gets approved it automatically overrides Parolee status. Am i correct?
6) while coming on AP what documents she need to carry. Does she need to have My employement letter, any thing else?
I appreciate any help about my questions.
A review of your file indicates that you submitted a medical examination completed by designated civil surgeon. however, the civil surgeon failed to complete the immunizations supplement to Form I-693.
Please return to the civil surgeon so that civil surgeon can administer appropriate vaccinations.
I know she did not take Measles Vaccine as it she was pregnant that time.
My wife is currently in India. My questions are
1) Does she need to go through complete medical examination again? will it be enough to just send documentation regarding missing vaccine. (There is no info given in RFE regarding what is incomplete)
2) can she do any thing about medical exam in India. I mean can she get a certificate from India?
3) can we ask for additional time to respond to RFE? If yes is it Advisable and safe? How much additional time can be requested?
4) If she has to travel back, she has to travel on AP as My H1 transfer is pending. So my question is what happens if her H4 gets approved before she comes here. Does she need to apply H4 again?
5) If my H1 transfer does not get approved till she comes back, My understanding is, once H4 gets approved it automatically overrides Parolee status. Am i correct?
6) while coming on AP what documents she need to carry. Does she need to have My employement letter, any thing else?
I appreciate any help about my questions.
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