kondur_007
10-20 09:53 AM
Dear Friends, my 140 just got approved at TSC (EB3-India, PD Feb 03, 140/485 filed in July 07). Given the current economic turmoil, my company may lay off people. I have a valid EAD till Oct 09. God forbid, if I can't find another job here after my layoff, is it legal to go to my home country (i.e., India) for a few months and then come back before Oct 09 to renew my EAD? Assuming the USCIS doesn't adjudicate my 485 while I'm away, could I have any problems at the port of entry (since I would be using Advance Parole but wouldn't have a job)?
Thanks.
GG_007
There are two issues you must consider (at minimum):
1. You must have a permanent job offer from the sponsoring (or AC21 employer if you are already ported) through out the period of pending 485. You should be able to verify this at any point as soon as asked for by USCIS. So make sure, your employer still supports your GC process and is ready to provide such letter and is willing to hire you after GC approval. If not, you must find another same or similar (AC21) job position and make sure that they will provide such letter. This arrangement needs to be made with certainty before you leave.
2. Must have a valid AP (for you and all family members) and must return back before the expiry of AP. Now, in general, as long as you have valid AP, they do not give you hard time at the POE (under most circumstances). There are few exceptions (especially in texas; or so I have heard) where POE officer gave hard time, but that is not the rule.
Good Luck.
Thanks.
GG_007
There are two issues you must consider (at minimum):
1. You must have a permanent job offer from the sponsoring (or AC21 employer if you are already ported) through out the period of pending 485. You should be able to verify this at any point as soon as asked for by USCIS. So make sure, your employer still supports your GC process and is ready to provide such letter and is willing to hire you after GC approval. If not, you must find another same or similar (AC21) job position and make sure that they will provide such letter. This arrangement needs to be made with certainty before you leave.
2. Must have a valid AP (for you and all family members) and must return back before the expiry of AP. Now, in general, as long as you have valid AP, they do not give you hard time at the POE (under most circumstances). There are few exceptions (especially in texas; or so I have heard) where POE officer gave hard time, but that is not the rule.
Good Luck.
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jatinr
07-23 06:45 PM
USCIS has cleared answers to most of the questions related to receipt notice,but not the one where a I-485 receipt notice is not issued and the applicant has to file 765/131 before August 17th to take advantage of old fees.
Most of the applicants were not able to file 485/765 and 131 concurrently.
Also based on new instructions of direct filing, the exact location where the EAD/AP needs to be filed post July 30th.
Can someone get these claried as part of FAQ's
Most of the applicants were not able to file 485/765 and 131 concurrently.
Also based on new instructions of direct filing, the exact location where the EAD/AP needs to be filed post July 30th.
Can someone get these claried as part of FAQ's
snathan
08-26 12:13 PM
Hi Vikramy - Do you know of any particular reasons for these transfer denials? Also what could have been the reason in your case? Please explain if you have examples for the company starting with cognXXXXX, I just put my transfer papers in to join them.... :confused:
God Bless you...dont join them till you get the approval.
God Bless you...dont join them till you get the approval.
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ngopalak
05-22 08:39 AM
Sounds like a great positive move with Patton Boggs
more...
gandalf1234
02-10 03:33 PM
just updated my profile .
so I should not worry about H1 right . I just want to amke sure they willl now not approve it . got GC after long time do not want to screwed due to this .
was you in this situation too and got denied H1?
so I should not worry about H1 right . I just want to amke sure they willl now not approve it . got GC after long time do not want to screwed due to this .
was you in this situation too and got denied H1?
aguy
01-15 01:55 PM
I am hoping that the availability of visa numbers has little or no effect on 140 approvals.
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ttdam
11-05 06:03 PM
FP recd - 11/05
==========================================
I-1485/131/765 Sent to TSC on 08/03/07
(TSC -> VSC -> TSC). ND=10/12/07.
I-485 transferred to TSC on 10/17/07
EAD card ordered on 10/19 from VSC. Received 10/29
AP - RFE for clear copies of PP
FP - Recd 11/05
==========================================
I-1485/131/765 Sent to TSC on 08/03/07
(TSC -> VSC -> TSC). ND=10/12/07.
I-485 transferred to TSC on 10/17/07
EAD card ordered on 10/19 from VSC. Received 10/29
AP - RFE for clear copies of PP
FP - Recd 11/05
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mihird
08-19 02:21 AM
I dont have any changes to status when I check my 485 case status online but today in the mail i received I797c notice welcoming me as a premenant residence. I am a bit hesitant to celebrate, but am I seeing green?:o
Raj
EB2- India [ Oct 2005 @ NSC]
485 filed Aug 2007
It turned out, she actually had two 485 receipt notices..each with a different notice no. I was all the time checking her 485 status using the older receipt number, until, when we got the welcome notice. I called my attorney to seek an explanation and he told me to make sure, I was checking the latest receipt no. Once I checked the correct receipt no., the status had properly updated on the correct receipt no.
Raj
EB2- India [ Oct 2005 @ NSC]
485 filed Aug 2007
It turned out, she actually had two 485 receipt notices..each with a different notice no. I was all the time checking her 485 status using the older receipt number, until, when we got the welcome notice. I called my attorney to seek an explanation and he told me to make sure, I was checking the latest receipt no. Once I checked the correct receipt no., the status had properly updated on the correct receipt no.
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jungalee43
03-05 11:36 AM
Something is happening on Hill. One more enforcement only bill in Senate. Its on CNN LIVE VIDEO. All senators are talking about not giving drivers license, not allowing to open bank accounts etc.
Well it is our friend from Alabama: - "individual bill is a right approach this year."
Well it is our friend from Alabama: - "individual bill is a right approach this year."
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jayleno
02-14 08:42 PM
I think the only person who would be qualified for this would be someone who is cryogenecally(typo intended coz I dont want to google for the correct spelling) frozen like Austin Powers.
By the way I like the way you start most of your posts with "Incorrect". If the "incorrect" person is lucky, they get appropriately color coded "incorrect" in red. I bow to your wisdom.
>> even 50 years
Incorrect.
Refer to my previous post on this.
.
By the way I like the way you start most of your posts with "Incorrect". If the "incorrect" person is lucky, they get appropriately color coded "incorrect" in red. I bow to your wisdom.
>> even 50 years
Incorrect.
Refer to my previous post on this.
.
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MightyIndian
11-05 08:47 PM
I think - there will be more people in AF Unit this consulate
As Hyderabad is very popular in those lines.
What is AF unit?
As Hyderabad is very popular in those lines.
What is AF unit?
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levelup3
12-19 10:24 AM
Thanks for all your post
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getta05
03-27 10:09 AM
Hi,
I have an EAD and am in the process of buying a business.
How long do I have to wait in order to apply for GC?
Tnx
Geeta05
I have an EAD and am in the process of buying a business.
How long do I have to wait in order to apply for GC?
Tnx
Geeta05
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immigrant2007
08-05 01:37 PM
It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)
--Is it a DREAM?
--Is it a DREAM?
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usgc07
02-17 11:01 PM
Hi,
I have a question.
An applicant has an Indian Bsc degree + 3years specific industry experience+training . The applicant is in Final Sem MBA. Will the applicant qualify for H1B this year. The MBA is slated to cpmlete in August this year.
Gurus , please advise.
Thanks
USGC07
I have a question.
An applicant has an Indian Bsc degree + 3years specific industry experience+training . The applicant is in Final Sem MBA. Will the applicant qualify for H1B this year. The MBA is slated to cpmlete in August this year.
Gurus , please advise.
Thanks
USGC07
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brij523
02-21 05:06 PM
Sorry for the confusion.
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gsc999
02-28 12:15 PM
I have one year left on my second H1. I am EB3, Canadian born category. Just got I-140 approved last week or so. I've been working here in California for the same employer for 6 years. My PD is Nov 04. I feel like I've taken a big career hit.
--
Can't answer all your questions but here is what I did. I had been working for the same company for five years. My priority date was Sept. ' 02. I finally got a 45 day letter in March '05. I decided not to remain hostage to the green card process. I changed my job mid-2005. Refiled all the paperwork. I was in my 5th year of H1B. You are in a better situation than me because your I-140 has been approved and having worked there for six years you might be able to convince them not to revoke it if you change your job.
I suggest you write down all your career and personal goal for next five years. Prioritize. Act on whatever takes precedence. Be very honest because you will need to face the consequences, job satisfaction vs delayed green card.
--
Can't answer all your questions but here is what I did. I had been working for the same company for five years. My priority date was Sept. ' 02. I finally got a 45 day letter in March '05. I decided not to remain hostage to the green card process. I changed my job mid-2005. Refiled all the paperwork. I was in my 5th year of H1B. You are in a better situation than me because your I-140 has been approved and having worked there for six years you might be able to convince them not to revoke it if you change your job.
I suggest you write down all your career and personal goal for next five years. Prioritize. Act on whatever takes precedence. Be very honest because you will need to face the consequences, job satisfaction vs delayed green card.
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sunny1000
10-19 02:50 PM
Hi,
While filling the Labor my attorney used my education (Bachelor's degree BSc Comp Science and one year of diploma in computer science) and as well as the experience which was 8 yrs in 2008 for EB3. Then my labor got approved. So we applied for I140, then USCIS had an RFE on my case saying this education is not enough so my attorney prepared some documents showing this BSc Comp science is equivalent to US 4 yrs degree. Then in a month time immediatly I got my I140 denied, So after that my attorney appealed with I290 form, Still got rejected in 3 months then again my attorney re-appealed to it by adding some more information to it. So now the status is showing as Initial review with AAO.
Is this from NSC or TSC? Also, did your attorney include your diploma with your B.Sc to equivate it to a 4 year degree at any point during the filing of the I-140?
While filling the Labor my attorney used my education (Bachelor's degree BSc Comp Science and one year of diploma in computer science) and as well as the experience which was 8 yrs in 2008 for EB3. Then my labor got approved. So we applied for I140, then USCIS had an RFE on my case saying this education is not enough so my attorney prepared some documents showing this BSc Comp science is equivalent to US 4 yrs degree. Then in a month time immediatly I got my I140 denied, So after that my attorney appealed with I290 form, Still got rejected in 3 months then again my attorney re-appealed to it by adding some more information to it. So now the status is showing as Initial review with AAO.
Is this from NSC or TSC? Also, did your attorney include your diploma with your B.Sc to equivate it to a 4 year degree at any point during the filing of the I-140?
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me_myself
12-16 06:58 AM
I have a valid H1 till 2012. As my company was going lean during the recession they asked me to work in India (no office in India - was working at home) for 1 year. Now they want me back in US. I am planning to get back in Feb 2010. I was not on payroll for 2009. My company transferred an amount every month to my indian bank account. My questions -
1. At the Point of Entry (POE) will they ask me why i was out of US for 1 year? - what should i tell them - will "health reasons" work?
3. Will they ask for payroll or W2 for 2009?
2. Will they ask me any sort of documents - other than I797?
Heard that POE's at Washington, Chicago are pretty strict - can someone please suggest a POE that i should choose.
Thanks in advance.
1. At the Point of Entry (POE) will they ask me why i was out of US for 1 year? - what should i tell them - will "health reasons" work?
3. Will they ask for payroll or W2 for 2009?
2. Will they ask me any sort of documents - other than I797?
Heard that POE's at Washington, Chicago are pretty strict - can someone please suggest a POE that i should choose.
Thanks in advance.
mrcmic
07-25 01:27 PM
Just called them a moment to put a service request.
But the IO side it may take several weeks or a couple of month to have any feedback.
I am worrying I have to resubmit another copy.
But the IO side it may take several weeks or a couple of month to have any feedback.
I am worrying I have to resubmit another copy.
prem_goel
08-16 07:03 PM
Don't worry Matt_Peru, if you have a fedex confirmation that USCIS has received it then you are good to go. USCIS these days is pushing the H-1b transfer/extension petitions to its extreme. Be prepared to expect a reply from USCIS only near to the 14th/15th day deadline for your petition. It'll take them approximately 2 weeks just to acknowledge your petition, and then your 15 day premium processing timeline will begin. Further, they might issue you a RFE on the 14th day after that. When you reply to the RFE petition, they'll give you a decision only after 14 days or so, not before that.
Gone are the days when PP H1b petitions used to be processed accurately in a weeks' time. Now even though you'll send the petition by overnight fedex, its upto USCIS's discretion to acknowledge whenever they'd like, and then the premium processing timeline will start.
I don't mean to discourage you here, but just to let you know of the ground realities as I recently faced with my own PP petition. People using regular processing are even more poorer with the total processing timeframe(including RFE) nearing about 4-5 months. In your case, if you were to get an RFE it'll be 3 months or so, if you don't it'll be about a month or so.
Gone are the days when PP H1b petitions used to be processed accurately in a weeks' time. Now even though you'll send the petition by overnight fedex, its upto USCIS's discretion to acknowledge whenever they'd like, and then the premium processing timeline will start.
I don't mean to discourage you here, but just to let you know of the ground realities as I recently faced with my own PP petition. People using regular processing are even more poorer with the total processing timeframe(including RFE) nearing about 4-5 months. In your case, if you were to get an RFE it'll be 3 months or so, if you don't it'll be about a month or so.
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