cbpds
06-01 07:00 PM
Cant agree with you more, the below request should be dealt with separately instead of been clubbed with other major issues( akin to legal immigration clubbed with CIR), will need Congress approval though.
Request IV to highlight this issue separately as it will surely help a small section hanging between H1 and EAD, who are not in the "safe" zone.
There should be boat load of people who have their I140 approved and stuck. Irrespective of the population, it is important that this be addressed. They are one job away from loosing status. By issuing a 3 year employer independent EAD before a PR number becomes available is worthy cause. By this way, everyone in the pipeline knows that someday their paperwork will be cleared for good and until then they have the EAD to keep them going. The very fact that an I140 has been approved for a petitioner and the intent to immigrate has been approved, should allow the petitioner the temporary relief of having the choice to work and live little better. The the only thing that is preventing your status validated is the availability of Visa number, which is more of a procedural/legislative issue. So, hope this request is pushed in one or another form.
Request IV to highlight this issue separately as it will surely help a small section hanging between H1 and EAD, who are not in the "safe" zone.
There should be boat load of people who have their I140 approved and stuck. Irrespective of the population, it is important that this be addressed. They are one job away from loosing status. By issuing a 3 year employer independent EAD before a PR number becomes available is worthy cause. By this way, everyone in the pipeline knows that someday their paperwork will be cleared for good and until then they have the EAD to keep them going. The very fact that an I140 has been approved for a petitioner and the intent to immigrate has been approved, should allow the petitioner the temporary relief of having the choice to work and live little better. The the only thing that is preventing your status validated is the availability of Visa number, which is more of a procedural/legislative issue. So, hope this request is pushed in one or another form.
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miguy
12-20 02:52 PM
how can I get a copy of my approved I-140?....my lawyer won't give it to me...heck he won't even give me the case#
please help
please help
Eternal_Hope
06-15 04:44 PM
????
The only problem I forsee is that some people think that F-1/OPT is not a dual-intent visa, i.e., one gets a student visa upon expressing their intention of not immigrating. Therefore going from F-1 to H-1B to Green card is the more preferred route. However, some people feel that as a dependent going from F-1 to Green Card is fine.
Hoepfully, others may have a better understanding on this than me.
The only problem I forsee is that some people think that F-1/OPT is not a dual-intent visa, i.e., one gets a student visa upon expressing their intention of not immigrating. Therefore going from F-1 to H-1B to Green card is the more preferred route. However, some people feel that as a dependent going from F-1 to Green Card is fine.
Hoepfully, others may have a better understanding on this than me.
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lacrossegc
09-06 05:00 PM
" FOR the period you are outside the US" it doesnt have to be and doesnt need to be the same company ...heck you can probably go to timbuktu and work there for timbuktu Inc for all US cares ... your H1B visa will still be valid (provided you still have employment with ABC USA) and you can still enter on the visa along with a supporting job letter from ABC USA. you can still go to the offices of ABC USA and work there (provided they pay the prevailing wage for the time that you work in US, else they might open themselves to litigation (from your side for backwages) ).... ABC USA doesnt have to keep paying you in US dollars if you are not working for them in US, it will be like taking an un-paid leave of absense on an extended vacation to Canada.
The thing is that after you get the green card, you will need to come back to US and work in the same job and location as stated in the Labor Certification, atleast for about 6 months ( to avoid problems with citizenship application in the future) and then you can go to any other US employer of your choice
Well thats the quiestion does USCIS consider Company ABC USA and ABC Canada as the same company ??? Remember I will be paid in Canada on Canadian payroll.
The thing is that after you get the green card, you will need to come back to US and work in the same job and location as stated in the Labor Certification, atleast for about 6 months ( to avoid problems with citizenship application in the future) and then you can go to any other US employer of your choice
Well thats the quiestion does USCIS consider Company ABC USA and ABC Canada as the same company ??? Remember I will be paid in Canada on Canadian payroll.
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ras
08-14 11:28 PM
Starting this thread to track the number of people who applied Multiple 485
raysaikat
05-25 03:43 PM
Apply for AP - 350 bucks. If you application is valid - you will get it.
Do this before trying to figure out using more money if your application is active. That may result in raising alarms and ultimately may be bad for your application. No one can penalize you for applying for EAD AP.
Once your husband is back here ask him to reapply for EAD and you send in your application too. If that comes you are all set no need to refile H1B but keep it just in case because of your special case.
All the best!
This is not a good advice. Whether or not the GC application is active (not abandoned) depends on the action taken by the primary applicant. USCIS may have the file as active, and may approve EAD --- that does not mean that the legally the application is not abandoned. If and when USCIS starts working on the application and issues RFE, etc., to clarify status of the applicant at various times, they may decide that the application was abandoned. If the poster worked on the EAD based on the abandoned GC application, then it is likely that USCIS will consider her to be out-of-status from the time she had no basis for EAD, which may mean a long illegal presence, triggering 10 years or permanent ban, etc.
The right thing for the OP to do is to consult an immigration attorney who will be able to determine whether the application may have been abandoned or not.
Do this before trying to figure out using more money if your application is active. That may result in raising alarms and ultimately may be bad for your application. No one can penalize you for applying for EAD AP.
Once your husband is back here ask him to reapply for EAD and you send in your application too. If that comes you are all set no need to refile H1B but keep it just in case because of your special case.
All the best!
This is not a good advice. Whether or not the GC application is active (not abandoned) depends on the action taken by the primary applicant. USCIS may have the file as active, and may approve EAD --- that does not mean that the legally the application is not abandoned. If and when USCIS starts working on the application and issues RFE, etc., to clarify status of the applicant at various times, they may decide that the application was abandoned. If the poster worked on the EAD based on the abandoned GC application, then it is likely that USCIS will consider her to be out-of-status from the time she had no basis for EAD, which may mean a long illegal presence, triggering 10 years or permanent ban, etc.
The right thing for the OP to do is to consult an immigration attorney who will be able to determine whether the application may have been abandoned or not.
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lostinbeta
09-06 04:01 PM
There are multiple ways of doing it. I use your way, but I was trying to go a way that was easier to explain so if anyone who is new to photoshop read this, they would understand.
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amsgc
06-20 08:18 PM
Your status is valid only till the date on your most recent I-94. AFAIK, you have three options:
1) Re-enter the country before your current I-94 expires. OR
2) Go the Customs and Border Protection (CBP) office at the nearest international airport and have it corrected. They will update the duration of status in the system.
3) File for an extension with the USCIS
The advice given below is incorrect.
There is no need to change the date on I-94. As long as you have the I-797 approval petition you are good. When you leave the country, you MUSTgive the I-94 to the airline authorities. If you go to Mexico by road, there is no one to take your I-94 and so you will have illegally left the US - which can lead to problems. If you fly, you are fine!
But still, unless you are going on vacation, do not waste your money.
1) Re-enter the country before your current I-94 expires. OR
2) Go the Customs and Border Protection (CBP) office at the nearest international airport and have it corrected. They will update the duration of status in the system.
3) File for an extension with the USCIS
The advice given below is incorrect.
There is no need to change the date on I-94. As long as you have the I-797 approval petition you are good. When you leave the country, you MUSTgive the I-94 to the airline authorities. If you go to Mexico by road, there is no one to take your I-94 and so you will have illegally left the US - which can lead to problems. If you fly, you are fine!
But still, unless you are going on vacation, do not waste your money.
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seaskimmer
11-06 09:16 AM
Presently Continental is the only non-stop EWR-BOM service operated on a daily basis. AI flies EWR-CDG-BOM
Delta also fly BOM-JFK non-stop, the aircraft is a B 777 (same as the one Continental use on their BOM-EWR route)... quite comfortable.
Delta also fly BOM-JFK non-stop, the aircraft is a B 777 (same as the one Continental use on their BOM-EWR route)... quite comfortable.
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cmhasan
07-07 02:44 PM
Thank you Ms Martin, the information you provided is very helpful. I have similar situation: I am citizen now, we got married 4 years back that time I was permanent resident and my wife�s application was processing on employment based and still pending. She is on EAD now, not on H1 any more. One quick question when we file a new family based immigration we need to provide the information about the current employment based application since there is question in I-485 like:
Have you ever applied for permanent resident status in the U.S.? If yes give date, place of filing and final disposition.
What to answer? Surely you have to give reference to the existing application, so will it not be an issue? Will INS reject the application?
Have you ever applied for permanent resident status in the U.S.? If yes give date, place of filing and final disposition.
What to answer? Surely you have to give reference to the existing application, so will it not be an issue? Will INS reject the application?
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ivgclive
04-13 04:56 PM
It is not a joke.
It happens to one guy last week.
My friend knows it for SURE.
He is working for a software company and that was the first time he traveled to US on a H1B visa.
As soon as he landed in JFK, the immigration officers (4 of them) went to him and gave him "Green Card".
No PERM :rolleyes:, No I-140 :rolleyes: and No-I-485 :rolleyes:.
How is that?
PS: On the same day they ordered "Expedited Removal and 50 Years Bar" and sent him back. He left US happy with his "Green Card".
It happens to one guy last week.
My friend knows it for SURE.
He is working for a software company and that was the first time he traveled to US on a H1B visa.
As soon as he landed in JFK, the immigration officers (4 of them) went to him and gave him "Green Card".
No PERM :rolleyes:, No I-140 :rolleyes: and No-I-485 :rolleyes:.
How is that?
PS: On the same day they ordered "Expedited Removal and 50 Years Bar" and sent him back. He left US happy with his "Green Card".
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shirish
10-04 11:24 AM
Received RN for EAD and AP for all three of us. (NO EAD for son :) as did not apply) yesterday
PD - sept 05 EB2 India-
I140 - Approved Apr 2006
I-485,AP,EAD - reached NSC on July 27th 07
485- RN - Not received
EAD - RN - received - ND - sept 27th 07 - EAC XXXXXXX
AP - RN - received - ND - sept 27th 07 - EAC XXXXXXX
Hope every will get it soon.
PD - sept 05 EB2 India-
I140 - Approved Apr 2006
I-485,AP,EAD - reached NSC on July 27th 07
485- RN - Not received
EAD - RN - received - ND - sept 27th 07 - EAC XXXXXXX
AP - RN - received - ND - sept 27th 07 - EAC XXXXXXX
Hope every will get it soon.
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akgind
04-21 06:18 PM
Well California is not same....they took 4 months to renew my lisence....and its purely based on the expiry of the H1B I-94 :mad:
I renewed my CA license last year. Gave them my expiring license, SS card, and proof of residence. Got new DL valid till 2011. I am on H-1 with a valid EAD.
I renewed my CA license last year. Gave them my expiring license, SS card, and proof of residence. Got new DL valid till 2011. I am on H-1 with a valid EAD.
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Seems
02-13 05:46 PM
Legal Immigrants - Speak up!
Immigration Voice is your voice
Find your voice with Immigration Voice
A Time To Act - don't just sit and wait for GC
Get Involved - Its Your Life!
Boond boond sey banta saagar - Join IV and be heard!
Immigration Voice is your voice
Find your voice with Immigration Voice
A Time To Act - don't just sit and wait for GC
Get Involved - Its Your Life!
Boond boond sey banta saagar - Join IV and be heard!
more...
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camilopino
02-13 05:21 PM
-Legally Ignored
-Living in the Legal Limbo
-When Legal is Worse
-The Path to Citizenship, an American Nightmare
-Freedom as a Green Card
-Freedom as a Dream
-Green Card, an American Nightmare
-The Third Rate Citizens
-Living in the Legal Limbo
-When Legal is Worse
-The Path to Citizenship, an American Nightmare
-Freedom as a Green Card
-Freedom as a Dream
-Green Card, an American Nightmare
-The Third Rate Citizens
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monicasgupta
12-31 11:02 AM
thanks for the reply but I agree my h1 stamp is expired but h1 is valid till 2009
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saurav_4096
06-19 09:53 AM
Mr. EndlessWait -
You extended your status, not visa. Please get your basics correct.
1. Nonimmigrant Visa number
Visa Number for the last issued visa (does not matter if is expired)
2. Date Visa Issued
Date of Issue for Visa in #1
3. Consulate Where Visa was Issued.
Place of Issue for Visa in #1
Good Luck
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
If there is sufficeint time left on H1B, can one go for stamping at consulate although I485 is filed.
You extended your status, not visa. Please get your basics correct.
1. Nonimmigrant Visa number
Visa Number for the last issued visa (does not matter if is expired)
2. Date Visa Issued
Date of Issue for Visa in #1
3. Consulate Where Visa was Issued.
Place of Issue for Visa in #1
Good Luck
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
If there is sufficeint time left on H1B, can one go for stamping at consulate although I485 is filed.
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Dhundhun
03-17 03:14 PM
Thanks. I'll try SSN based on AOS. If they refuse, I'll get EAD for my wife.
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jvs
09-23 02:27 PM
I applied for my second AP on 08/11/2009, was approved on 09/03/2009, was received at the attorney's office on 09/10/2009. Service center NSC.
No FP was done. FWIW my last FP was in Jan 09.
Did you guys have to go through FP for the APs? Will they take FP again even if they have done that before.
No FP was done. FWIW my last FP was in Jan 09.
Did you guys have to go through FP for the APs? Will they take FP again even if they have done that before.
jasmin45
08-08 04:36 PM
Even if you are not working on a project, you are technically working for a H1-B sponsorer. Once you could file your AOS, you are legal with a status of "AOS pending". During 180 days period, you don't have to work and just sit at home. Its very unlikely that your already filed AOS application will get adjudicated within 180 days. Once after 180days of filing, you invoke AC21 and start working on again with any employer.
It sounds a cake walk from your response, What if there is an RFE after 180 days on your sponsor/employer? You missed the point that GC is for future employment with the sponsor. There are certain situations where employee can invoke AC21 and get the protection against employer initiated termination etc. If you do not work for extended period.. no matter whether it is with in 180 or not.. USCIS may anytime during adjudication, question your intention for GC.
It sounds a cake walk from your response, What if there is an RFE after 180 days on your sponsor/employer? You missed the point that GC is for future employment with the sponsor. There are certain situations where employee can invoke AC21 and get the protection against employer initiated termination etc. If you do not work for extended period.. no matter whether it is with in 180 or not.. USCIS may anytime during adjudication, question your intention for GC.
grcard
06-14 10:46 PM
i took infopass and went to local immigration officer and he said i should go to
him after july 1st and he said he can find out where my file is??
i dont know is this possible but i am going to try.
him after july 1st and he said he can find out where my file is??
i dont know is this possible but i am going to try.
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