dpp
06-27 11:41 AM
I filed my 485 last week and didn't file for EAD. My spouse is filing 485 next week and i will be a dependent in that application. If i apply for EAD in his application, can i use it to invoke AC21 if i have to change job after 6 months under my 485?
I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
You cannot file more than one AOS petition per applicant. They may reject all of them. Otherwise it will be a mess like how it is there now for PERM and I-140 petitions.
I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
You cannot file more than one AOS petition per applicant. They may reject all of them. Otherwise it will be a mess like how it is there now for PERM and I-140 petitions.
wallpaper Sweet Gaara Sand Heart
srarao
07-23 12:05 PM
R.Pitcher
Gigantic697
10-12 02:21 PM
I read somewhere that if you can provide a letter from the company stating that you are on an extended maternity leave and also that company has no problems with that, you maintain your status even though you are not getting paid.
2011 he has the sand protection
KabAyegaMeraGc
10-22 12:59 PM
I am trying to figure out the same and after rigorous communication with my lawyer and a few companies, I came to an estimate that it may take anywhere between, atleast 12-18 mnths on a thumb rule. Again, I understand its on a case by case basis.
more...
insbaby
02-04 07:44 AM
I just got the H1 Approval for 1 year and 2 months (1 year H1 Extension and 2 months recapture time). I am currently in Malaysia and need to apply for a visa at US Consulate in Malaysia. Since I am on the H1 visa, I have to show the proof that I will return back to Malaysia after the end of my work period in US. Accordingly, I would need to purchase the round trip ticket. The issue is that the plane ticket only valid for the maximum of 1 year, but my visa valid for 1 year and 2 months. Please advise if one way plane ticket would be sufficient for the visa interview or need to be a round trip plane ticket. If it is not, what should I do? Also, I wonder if the application package including I-129 submitted to USCIS need to be stamped “Certified True Copy” with the original signature of the lawyer or employer for the visa interview. Can I use the copy one that is stamped “Certified True Copy” with the non-original signatures of my lawyer or employer? Anybody pls help. Thank you very much.
Don't worry too much. H1Bs are not required to show proof to return to home country or at least the consulates won't worry too much about it. The care about your education, skills and their validity.
The visa is for work purpose and you will be out of status once it expires, and that will cause too much trouble if you overstatyed.
There is no "Certified True Copy", all of them have numbers taged and they can verify things internally.
Just take what you have been given by your employer/lawyer to the consulate, and you will get it without much headace.
Good Luck.
Don't worry too much. H1Bs are not required to show proof to return to home country or at least the consulates won't worry too much about it. The care about your education, skills and their validity.
The visa is for work purpose and you will be out of status once it expires, and that will cause too much trouble if you overstatyed.
There is no "Certified True Copy", all of them have numbers taged and they can verify things internally.
Just take what you have been given by your employer/lawyer to the consulate, and you will get it without much headace.
Good Luck.
tpcool
05-31 06:50 PM
vxb2004, thanks for the response and the wishes.
Ok, I got your point that since my I-140 is not approved yet, it is not safer to move at this point, but what would be your opinion, if my I-140 is approved. If it is Ok to move, once my I-140 is approved, then I can probably start preparing my ground work for this transition and hopefully the I-140 comes through in the coming 3 to 6 months.
One another question along the same lines - I haven't used my EAD yet and still on H1. Does the AC21 portability rules apply even in with the EAD? what is the use of the EAD then. EAD is supposed to be generic right?
Ok, I got your point that since my I-140 is not approved yet, it is not safer to move at this point, but what would be your opinion, if my I-140 is approved. If it is Ok to move, once my I-140 is approved, then I can probably start preparing my ground work for this transition and hopefully the I-140 comes through in the coming 3 to 6 months.
One another question along the same lines - I haven't used my EAD yet and still on H1. Does the AC21 portability rules apply even in with the EAD? what is the use of the EAD then. EAD is supposed to be generic right?
more...
wandmaker
04-27 03:16 PM
Guys..I'm sorry ..I'm mixing up things,,Here are the accurate details..
Labour Priority date is Nov'20 2007
My I-140 receipt date is Feb'20 2008..
My I-140 Approve date is Sep'24 2008
My 6 years H-1 will be completed by Jan'2010..but still my H-1 was denied..
Please update these details to your IV tracker profile, it will help you and others. It avoids confusions and delays in suggestions in a situation like yours.
What documents your company sent to USCIS for that 'client letter' RFE?
How many years was requested for extension 1 year or 3 years or until end of 6 year term with recapture? - I assume, it would be 3 year extension because your 140 is approved.
Labour Priority date is Nov'20 2007
My I-140 receipt date is Feb'20 2008..
My I-140 Approve date is Sep'24 2008
My 6 years H-1 will be completed by Jan'2010..but still my H-1 was denied..
Please update these details to your IV tracker profile, it will help you and others. It avoids confusions and delays in suggestions in a situation like yours.
What documents your company sent to USCIS for that 'client letter' RFE?
How many years was requested for extension 1 year or 3 years or until end of 6 year term with recapture? - I assume, it would be 3 year extension because your 140 is approved.
2010 Gaara of the Sand
immigrationvoice1
04-15 10:20 AM
Which country did you charge your GC to?
Enjoy the freedom...:)
Enjoy the freedom...:)
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Z.Liu
06-18 05:57 PM
yeah. still, isn't it a little "short"?!:)
I mean, having seeing some really long lists posted by other members, I'm a littlle concerned. :cool:
I mean, having seeing some really long lists posted by other members, I'm a littlle concerned. :cool:
hair Gaara in sand
corleone
11-09 10:48 AM
I did answer your question in my first post and asked you a question on which you replied:
There is a website called Google. Its amazing in that it is above nationality and responds to every "what is..."
I'm answering your question, and you are being sarcastic - what do you expect?
There is a website called Google. Its amazing in that it is above nationality and responds to every "what is..."
I'm answering your question, and you are being sarcastic - what do you expect?
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dixie
08-22 01:14 PM
Any US postgraduate degree + 3 years prior to I-140/I-485. Read the text of the bill for more details.
You mean 3 year experience in US no matter from where you got your masters degree or
Only US degree + 3 years experience will get exemption?
You mean 3 year experience in US no matter from where you got your masters degree or
Only US degree + 3 years experience will get exemption?
hot Gaara the sand.he is a
gc_on_demand
06-02 06:30 PM
http://news.yahoo.com/s/usnw/20080602/pl_usnw/u_s__department_of_labor_auditing_all_permanent_la bor_certification_applications_filed_by_major_immi gration_law_firm
It is also on DOL website and immigration-law firm site.
It is also on DOL website and immigration-law firm site.
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pappu
08-22 08:56 AM
/\/\
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iamakshay
05-28 05:43 PM
Thanks Ryan for reply but I am bit confused... Do I need to have US Visa for working with Canadian company, even if company don't have anything do with US.
It's canada based company and will be working remotely.
It's canada based company and will be working remotely.
more...
pictures gaara vs sand angle - PicArena
logiclife
06-15 12:07 PM
How 'bout: Not filing because LCA is rotting in the basement of a BEC?
I have edited the poll to add that option. Literally.
I have edited the poll to add that option. Literally.
dresses Gaara in sand
yabadaba
06-30 03:23 PM
Gautam Agarwal...who was planning on going to Wharton based on the july bulletin... have you heard anything from the ombudsman office on this speculation of retrogression???
more...
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kaisersose
09-17 12:17 PM
Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
I am pretty sure your lawyer is wrong. Many lawyers assume the same rule of H-1 to H-1 transfer applies everywhere which is not the case. A change of status is not the same as H-1 to H-1.
A H-4 to H-1 will take effect on October 1st. The surest way to not let this happen is if she has a valid H-4 visa stamp. She can get out of the country on Sep 30 and return back on Oct 02 as H-4.
The other alternative is to apply for a H-1 to H-4 status change and wait it out. This status change is not effective until approval which can take a while. Meanwhile she will be on H-1 without pay which is not good.
There may be a third choice where the employer cancels the H-1b as she does not intend to join. Then she is in 485 status from October 1st and can apply for a h-4 extension. But this option has to be confirmed by a $450-for-15-mins attorney. If this works, this is the simplest and cheapest option (minus the attorney fee)
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
I am pretty sure your lawyer is wrong. Many lawyers assume the same rule of H-1 to H-1 transfer applies everywhere which is not the case. A change of status is not the same as H-1 to H-1.
A H-4 to H-1 will take effect on October 1st. The surest way to not let this happen is if she has a valid H-4 visa stamp. She can get out of the country on Sep 30 and return back on Oct 02 as H-4.
The other alternative is to apply for a H-1 to H-4 status change and wait it out. This status change is not effective until approval which can take a while. Meanwhile she will be on H-1 without pay which is not good.
There may be a third choice where the employer cancels the H-1b as she does not intend to join. Then she is in 485 status from October 1st and can apply for a h-4 extension. But this option has to be confirmed by a $450-for-15-mins attorney. If this works, this is the simplest and cheapest option (minus the attorney fee)
girlfriend gaara vs sand angle - PicArena
10dulkar
02-28 07:18 AM
Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.
I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.
WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)
But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.
Could this gap be a issue, That is why they are asking starting 12th April 2004?
Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.
Please advice.
VS
what is your PD, catagory and country please?
I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.
WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)
But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.
Could this gap be a issue, That is why they are asking starting 12th April 2004?
Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.
Please advice.
VS
what is your PD, catagory and country please?
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CADude
04-07 06:30 PM
I will tell my story, if this help.
I laid-off after working 7 years with big company on March end. I am already 8th year of H1B. Company notified to USCIS and revoked the H1B, etc per company policy. I do have copy of LCA/I140, etc.
I got another job(contract) with some employer. New company lawyer applied for H1B transfer(because old company revoked stuff so to be safe side). Law firm asked ONLY copy of my I-485 Receipt Notice. I think, Attorney changed the sponsorship with H1 transfer(i.e. invoked AC21 with H1 transfer). I didn't get H1 approval so far.
To give more twist: My PD(July 2001) is current per March VB but USCIS will take addtional 90 days to assign my case to Officer. Now contest is on. Let's see if my contract will finish first or GC process. :) :D USCIS already beat me once. USCIS 1 - Me 0 :)
If you have copy of LCA/I-140 then it will better for your record but i don't think it's required to H1 transfer and invoke AC21.
my 2 cents and good luck
ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
I laid-off after working 7 years with big company on March end. I am already 8th year of H1B. Company notified to USCIS and revoked the H1B, etc per company policy. I do have copy of LCA/I140, etc.
I got another job(contract) with some employer. New company lawyer applied for H1B transfer(because old company revoked stuff so to be safe side). Law firm asked ONLY copy of my I-485 Receipt Notice. I think, Attorney changed the sponsorship with H1 transfer(i.e. invoked AC21 with H1 transfer). I didn't get H1 approval so far.
To give more twist: My PD(July 2001) is current per March VB but USCIS will take addtional 90 days to assign my case to Officer. Now contest is on. Let's see if my contract will finish first or GC process. :) :D USCIS already beat me once. USCIS 1 - Me 0 :)
If you have copy of LCA/I-140 then it will better for your record but i don't think it's required to H1 transfer and invoke AC21.
my 2 cents and good luck
ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
rockstart
04-17 03:32 PM
Quick question you said they asked you to submit your legal status papers since 1999 which was when you went out of country? I have 2 questions
1) Since when have you been in US, rather first time when did you come to US
2) Did you never leave US after 1999. This is because the status really matters only since your last arrival on visa. Earlier records do not matter as per 245(k) memo. This question will help other forum members who have some kind of status violation
your responses will be appreciated.
1) Since when have you been in US, rather first time when did you come to US
2) Did you never leave US after 1999. This is because the status really matters only since your last arrival on visa. Earlier records do not matter as per 245(k) memo. This question will help other forum members who have some kind of status violation
your responses will be appreciated.
freeskier89
02-09 03:09 PM
^^^ :eyeup:. Did you really actively go out and seek votes?
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