vgayalu
02-09 08:42 PM
I did not understand any thing about it.
Can somebody explain how it helps regular EB2 and EB3 folks please ?
Can somebody explain how it helps regular EB2 and EB3 folks please ?
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mnkaushik
08-07 09:31 AM
You will have to redo your LC, I 140 and I 485. But you can port your priority date from the earlier application.
anilsal
06-16 11:45 PM
Hello
Thank you for your time and I appreciate your effort.
Scenario:
I have two Approved I-140s (both filed by same company).
• Filed I-140 & I-485 concurrently with a PD of Nov 2007 (Original Labor) - I-140 Approved and I-485 Pending
• Filed I-140 with PD March 2005 (Substitution Labor) - I-140 Approved.
Questions:
1. I would greatly appreciate if you can let me know what are my options and any relative information (Letter formats etc.)
2. Can Info-Pass work instead of writing to USCIS?
1) Send letters to the service center explaining your situation and the priority dates + 140 approval LIN#(NSC) or WAC# or whichever approval numbers you have. You need to stress that your dates are current and that your AOS applications have to be approved based on the current 140 (irrespective of which approved 140, the 485 apps were filed).
2) Send faxes same as the letter.
3) Call the NSC/TSC IOs. (If you reach the national customer service center, no luck).
4) Take Infopass.
One of the above options will work.
Thank you for your time and I appreciate your effort.
Scenario:
I have two Approved I-140s (both filed by same company).
• Filed I-140 & I-485 concurrently with a PD of Nov 2007 (Original Labor) - I-140 Approved and I-485 Pending
• Filed I-140 with PD March 2005 (Substitution Labor) - I-140 Approved.
Questions:
1. I would greatly appreciate if you can let me know what are my options and any relative information (Letter formats etc.)
2. Can Info-Pass work instead of writing to USCIS?
1) Send letters to the service center explaining your situation and the priority dates + 140 approval LIN#(NSC) or WAC# or whichever approval numbers you have. You need to stress that your dates are current and that your AOS applications have to be approved based on the current 140 (irrespective of which approved 140, the 485 apps were filed).
2) Send faxes same as the letter.
3) Call the NSC/TSC IOs. (If you reach the national customer service center, no luck).
4) Take Infopass.
One of the above options will work.
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HappySnap
February 10th, 2006, 08:18 PM
Nevermind - RTFM... apparently I turned the noise reduction on and that was the problem.
Problem solved.
Problem solved.
more...
pappu
08-22 06:52 PM
Read the archives on AC21 and job change.
lost_in_gc_land
02-02 02:05 PM
Please help!
My AP is pending and my H1 visa on passport has expired like 3 months back. I am on valid H1 status which is good for another 3 years till 2010. I have scheduled H1 stamping renewal interview in India. Can there be any problems in H1 visa stamping as my AP application (I131)is still pending?
Thanks,
Immigal.
Hello Immigal,
I hope your h1b stamping worked out well. if I would have read this post earlier then I would have warned you about 221(g) adminitrative processing which is a possibility for delay. I am in the boat for over 75 days and did not leave with AP approval. Got it after my interview and my lawyer advised me against using it.
I would have waited for AP...
On the other hand..god forbid you got 221g...but if you did then did you used your approved AP (if it got approved while you were out of the US) to go back to the US? What was your lawyers opinion on this?
My AP is pending and my H1 visa on passport has expired like 3 months back. I am on valid H1 status which is good for another 3 years till 2010. I have scheduled H1 stamping renewal interview in India. Can there be any problems in H1 visa stamping as my AP application (I131)is still pending?
Thanks,
Immigal.
Hello Immigal,
I hope your h1b stamping worked out well. if I would have read this post earlier then I would have warned you about 221(g) adminitrative processing which is a possibility for delay. I am in the boat for over 75 days and did not leave with AP approval. Got it after my interview and my lawyer advised me against using it.
I would have waited for AP...
On the other hand..god forbid you got 221g...but if you did then did you used your approved AP (if it got approved while you were out of the US) to go back to the US? What was your lawyers opinion on this?
more...
senk1s
05-08 12:58 PM
Excerpt from form i485: Part 3. Processing information:
Please answer the following questions. (If your answer is "Yes" on any one of these questions, explain on a separate piece of paper and refer to "What Are the General Filing Instructions? Initial Evidence" to determine what documentation to include with your application. Answering "Yes" does not necessarily mean that you are not entitled to adjust status or register for permanent residence.)
Have you ever, in or outside the United States: knowingly committed any crime of moral turpitude or a drug-related offense for which you have not been arrested?
---------
It is NOT reason enough to deny the application - but like piyu7444 said, this will be another hurdle to cross. You need to submit initial evidence relating to this incident. Please consult an immigration attorney
Please answer the following questions. (If your answer is "Yes" on any one of these questions, explain on a separate piece of paper and refer to "What Are the General Filing Instructions? Initial Evidence" to determine what documentation to include with your application. Answering "Yes" does not necessarily mean that you are not entitled to adjust status or register for permanent residence.)
Have you ever, in or outside the United States: knowingly committed any crime of moral turpitude or a drug-related offense for which you have not been arrested?
---------
It is NOT reason enough to deny the application - but like piyu7444 said, this will be another hurdle to cross. You need to submit initial evidence relating to this incident. Please consult an immigration attorney
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delhikadesi
04-10 02:30 AM
Thanks for sharing!!
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CHHAYA
11-15 08:50 AM
I HAVE H1 APPROVED TILL 04/10 BUT I ENTERED USA USING AP THIS YEAR SO MY UNDERSTANDING IS THAT I AM ON EAD NOW WITH SPONSORING EMPLOYER. I AM ASLO DOING PARTIME JOB IN OTHER FIELD ON EAD SINCE 01/08. NOW IF I GET FULL TIME JOB WITH OTHER EMPLOYER (other field)AND IF I WORK LESS HOURS (means I get under pay than showed in labor) WITH SPONSORING EMPLOYER, WILL I BE IN TROUBLE? Please give me right way.
PD - 05/03 EB3-I
PD - 05/03 EB3-I
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cel_tic
08-16 04:15 PM
Thanks deepimpact.
Appreciate your quick response. I checked with my travel agent and he said transit visa is not required for Germany. But I am getting different response from some others. By any chance do you know if the procedure still holds good.
Thanks
Appreciate your quick response. I checked with my travel agent and he said transit visa is not required for Germany. But I am getting different response from some others. By any chance do you know if the procedure still holds good.
Thanks
more...
jonty_11
05-22 03:22 PM
Just convert ur status to illegal and u will be all set.....
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rongha_2000
04-22 12:16 PM
Workvisaforall,
Considering you are an immigration attorney. Will you help me in my query?
My daughter is 2.5 years old and is on H4. She is receiving some modelling offers for commercials and photo prints. I understand since she is on H4 she cannot work. But can I apply for her EAD and work SSN by which she can work on these assignments?
I am looking at this purely for my daughters personal development and no big money is involved but still I dont want USCIS to think she is working even though she is on H4.
Your insights are appreciated.
Unfortunately, there is not going to be a hard consensus and a good satisfying answer until USCIS comes out and fixes the law. The problem comes from inconsistent USCIS memoranda as to whether an employer who moonlights on EAD has "left" his employer.
AILA has recognized this inconsistency and has provided us, immigration attorneys, with guidance on arguing why the inconsistency should be construed to mean that moonlighting on EAD while preserving H-1B is ok; however, nobody can guarantee that the USCIS will agree with these arguments 100% of the time.
Considering you are an immigration attorney. Will you help me in my query?
My daughter is 2.5 years old and is on H4. She is receiving some modelling offers for commercials and photo prints. I understand since she is on H4 she cannot work. But can I apply for her EAD and work SSN by which she can work on these assignments?
I am looking at this purely for my daughters personal development and no big money is involved but still I dont want USCIS to think she is working even though she is on H4.
Your insights are appreciated.
Unfortunately, there is not going to be a hard consensus and a good satisfying answer until USCIS comes out and fixes the law. The problem comes from inconsistent USCIS memoranda as to whether an employer who moonlights on EAD has "left" his employer.
AILA has recognized this inconsistency and has provided us, immigration attorneys, with guidance on arguing why the inconsistency should be construed to mean that moonlighting on EAD while preserving H-1B is ok; however, nobody can guarantee that the USCIS will agree with these arguments 100% of the time.
more...
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samirpatel08
09-09 01:16 PM
My case was approved on Aug 19, 2010. I received my card on Aug 26, 2010.
Unfortunately, The EAD card had a wrong start date. I have sent my cards back for correction on Sept 2, 2010.
(I do have approval e-mail of my cards and the case.)
So, Question is, Can I work while my cards come back with the correct date. I don't have receipt of the replacement cards in my hand yet.
Please let me know.
Thanks,
Samir
Unfortunately, The EAD card had a wrong start date. I have sent my cards back for correction on Sept 2, 2010.
(I do have approval e-mail of my cards and the case.)
So, Question is, Can I work while my cards come back with the correct date. I don't have receipt of the replacement cards in my hand yet.
Please let me know.
Thanks,
Samir
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gc_on_demand
01-07 10:56 AM
My wife is from Bangalore, however since Chennai did not have available dates till Jan 20th she has scheduled her H4 appointment at New Delhi for Jan 9th. Please share experiences.
thanks,
Share what ? Chill dude.. Make sure you have all required documents. They will not reject your case if it is genuine.
thanks,
Share what ? Chill dude.. Make sure you have all required documents. They will not reject your case if it is genuine.
more...
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jingi1234
08-23 08:55 AM
Hello,
My friend has H1 and working for company A. He transferred his H1 and started working for company B (Its been 4 weeks and he has 2 paystubs from company B).
He is sure that company A didn't revoked / cancelled his H1. Now he wants to move to company A (old one). Is this possible?
or does he need to re-transfer his H1 from copnay B to company A?
Please advise.
Thanks
My friend has H1 and working for company A. He transferred his H1 and started working for company B (Its been 4 weeks and he has 2 paystubs from company B).
He is sure that company A didn't revoked / cancelled his H1. Now he wants to move to company A (old one). Is this possible?
or does he need to re-transfer his H1 from copnay B to company A?
Please advise.
Thanks
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agupta2683
07-08 03:13 PM
Hi,
I'm trying to schedule my visa stamping date in aug /sept time frame in India. In delhi consulate when I click on Indian resident I see the available dates but when I click on Indian citizen residing in US, I see no availability. I'm not sure which option should I choose. I'm a student working on OPT in US. My OPT will expire on Aug 4th and so I will come to India. I'm not sure which of the two options I have to choose while scheduling an interview :
Resident of India/Bhutan
OR
Indian Citizen residing in United States.
I would really appreciate any help in this matter.
Thanks,
Ashish
I'm trying to schedule my visa stamping date in aug /sept time frame in India. In delhi consulate when I click on Indian resident I see the available dates but when I click on Indian citizen residing in US, I see no availability. I'm not sure which option should I choose. I'm a student working on OPT in US. My OPT will expire on Aug 4th and so I will come to India. I'm not sure which of the two options I have to choose while scheduling an interview :
Resident of India/Bhutan
OR
Indian Citizen residing in United States.
I would really appreciate any help in this matter.
Thanks,
Ashish
more...
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eastwest
06-30 10:25 PM
Hi All,
I just joined a new company and would like to use AC21 as I will be working on EAD. 140 is approved and 485 is pending for more than 180 days. New job is same or similar as per ONET job code.
My question is,
Is it necessary to involve your attorney or you can simply go ahead and file AC21 yourself?
I would like to what others have done? What kind of extra fees your attorney has charged for AC21?
Thanks
I just joined a new company and would like to use AC21 as I will be working on EAD. 140 is approved and 485 is pending for more than 180 days. New job is same or similar as per ONET job code.
My question is,
Is it necessary to involve your attorney or you can simply go ahead and file AC21 yourself?
I would like to what others have done? What kind of extra fees your attorney has charged for AC21?
Thanks
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amitjoey
01-21 12:33 PM
Hi guys,
I know this is Off Topic (OT), but I was wondering if ALL Tax payers including immigrants on H1B will be getting the proposed tax rebates. This had happened in 2001 as well and my citizen co-workers remember getting checks.
Does anyone who was on an H1B in 2001 remember getting a similar rebate check? I definitely dont remember getting one.
For tax purposes, you are considered a "US resident" and will get all the breaks or rebates that a US Resident will get.
I think I did get the 2001 year rebate
I know this is Off Topic (OT), but I was wondering if ALL Tax payers including immigrants on H1B will be getting the proposed tax rebates. This had happened in 2001 as well and my citizen co-workers remember getting checks.
Does anyone who was on an H1B in 2001 remember getting a similar rebate check? I definitely dont remember getting one.
For tax purposes, you are considered a "US resident" and will get all the breaks or rebates that a US Resident will get.
I think I did get the 2001 year rebate
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Dhundhun
07-16 02:36 AM
So are these different from the finger prints that we take for EAD? For people who got their priority date current, do they ask for a separate finger prints again? Does anyone can shed some light on this?
Yes the finger printing for EAD is type 2 and for I485 it is type 3. They are different.
Photos are different (this is an example)
.. in I485, nose ring was OK,
.. in EAD, nose ring to be removed
Finger Prints
.. in I485 all the fingers rolled seperately (10), the four fingers (2) - might be missing some more
.. in EAD, index, non rolled (1)
When fingerprinting was paper based, it used to repeat every 15 months as paper print fades away(life of paper based). With electronic image, 15 months might not be required
Yes the finger printing for EAD is type 2 and for I485 it is type 3. They are different.
Photos are different (this is an example)
.. in I485, nose ring was OK,
.. in EAD, nose ring to be removed
Finger Prints
.. in I485 all the fingers rolled seperately (10), the four fingers (2) - might be missing some more
.. in EAD, index, non rolled (1)
When fingerprinting was paper based, it used to repeat every 15 months as paper print fades away(life of paper based). With electronic image, 15 months might not be required
Sincerely_aj
03-20 10:43 AM
My Case as of March 2010:
EB3 (India) applied with company A. PD: June 2004.
Labor approved, I-140 approved.
No EAD. Labor was not approved when EB3 dates became current
First issue of H1B March 2003
Currently have a 3 year H1B extension (beyond 6 years) due to run out in Nov 2011.
My Questions:
1. I am still working with Company A. Can I move to Company B, i.e. will I be able to transfer my H1B, which is now in its 8th year? If yes, will the transfer be valid till Nov 2011?
2. If I can move to Company B, do I have to file for a new GC right away? If not, by when?
3. Can this new GC be EB2 with the hope of porting the PD from my EB3 case from Company A? If yes, what is the criteria for such a port?
4. Anything else I should keep in mind if I can and do decide to switch to Company B?
All your help is greatly appreciated!! I have been sitting and just waiting for my EB3 to get current, which does not seem like a possibility now. Hoping that I can use an EB2 case.
Thanks a lot for your time to take a look at my case.
Regards
Sincerely_aj
EB3 (India) applied with company A. PD: June 2004.
Labor approved, I-140 approved.
No EAD. Labor was not approved when EB3 dates became current
First issue of H1B March 2003
Currently have a 3 year H1B extension (beyond 6 years) due to run out in Nov 2011.
My Questions:
1. I am still working with Company A. Can I move to Company B, i.e. will I be able to transfer my H1B, which is now in its 8th year? If yes, will the transfer be valid till Nov 2011?
2. If I can move to Company B, do I have to file for a new GC right away? If not, by when?
3. Can this new GC be EB2 with the hope of porting the PD from my EB3 case from Company A? If yes, what is the criteria for such a port?
4. Anything else I should keep in mind if I can and do decide to switch to Company B?
All your help is greatly appreciated!! I have been sitting and just waiting for my EB3 to get current, which does not seem like a possibility now. Hoping that I can use an EB2 case.
Thanks a lot for your time to take a look at my case.
Regards
Sincerely_aj
sprint2004
09-11 10:31 PM
Hello all,
First some background:
I purchased a house this September and my apartment lease expires end of Sept. So I am basically living at both places and moving slowly. Anyway my USPS mail forwarding starts from 9/21.
As far as immigration and change of address goes, based on my lawyers advise...I filled out the online AR-11 change of address and also updated address change for my 485/ap/ead ( I am a july 2nd candidate) pending cases as well. However, after downloading the pdf version of the AR-11 I realized I misspell "Lane" to "Land." Don't know if this is a huge problem. Anyway can I re-file the AR-11 and change of address for all the pending petitions again for myself and my spouse? Does anyone have any thoughts or could share their experience? I read somewhere its also a good idea to update address with local office by getting info pass appointment? Any comments/ thoughts?
Also, in the AR-11 form I didn't provide email address, is that a big deal?
I also read somewhere that its a good idea to print out the ar-11 and mail it as well? Any thoughts?
Also, is the change of address instantaneous in uscis's system? Since I submitted my request today and I might do it again tomorrow (based on the response I get from this forum), and if USCIS happens to mail FP/EAD/AP (hypothetically speaking ) say next monday, will they mail to my old address or the new one? Just curious.
I am kind of worried at a time like this and was hoping someone could share their thoughts and concerns.
Thank you,
First some background:
I purchased a house this September and my apartment lease expires end of Sept. So I am basically living at both places and moving slowly. Anyway my USPS mail forwarding starts from 9/21.
As far as immigration and change of address goes, based on my lawyers advise...I filled out the online AR-11 change of address and also updated address change for my 485/ap/ead ( I am a july 2nd candidate) pending cases as well. However, after downloading the pdf version of the AR-11 I realized I misspell "Lane" to "Land." Don't know if this is a huge problem. Anyway can I re-file the AR-11 and change of address for all the pending petitions again for myself and my spouse? Does anyone have any thoughts or could share their experience? I read somewhere its also a good idea to update address with local office by getting info pass appointment? Any comments/ thoughts?
Also, in the AR-11 form I didn't provide email address, is that a big deal?
I also read somewhere that its a good idea to print out the ar-11 and mail it as well? Any thoughts?
Also, is the change of address instantaneous in uscis's system? Since I submitted my request today and I might do it again tomorrow (based on the response I get from this forum), and if USCIS happens to mail FP/EAD/AP (hypothetically speaking ) say next monday, will they mail to my old address or the new one? Just curious.
I am kind of worried at a time like this and was hoping someone could share their thoughts and concerns.
Thank you,