fcres
07-26 10:02 AM
Documents required for EAD/I-765 per person:
Completed Form I-765 (EAD):
http://www.uscis.gov/files/form/I-765.pdf
2 photos(full frontal)
USCIS filing fee - $180.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your (A# or SSN#) and I-765 mentioned in the comments section of the check
Copy of recent I-94 card (both sides)
Copy of visa page of passport in color
Copy of driver's license
Copy of I-485 receipt notice (if applicable)
Copy of I-140 approval notice
Copy of Marriage certificate (if applying for spouse)
I also included the latest H1B Approval Notice and Birth Certificate as per the checklist by my lawyer. His fees was high so I filed couple of weeks back and got the Receipt Number from the back of my check.
Since this is not concurrent filing, i think the fees will increase on July 30th.
Completed Form I-765 (EAD):
http://www.uscis.gov/files/form/I-765.pdf
2 photos(full frontal)
USCIS filing fee - $180.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your (A# or SSN#) and I-765 mentioned in the comments section of the check
Copy of recent I-94 card (both sides)
Copy of visa page of passport in color
Copy of driver's license
Copy of I-485 receipt notice (if applicable)
Copy of I-140 approval notice
Copy of Marriage certificate (if applying for spouse)
I also included the latest H1B Approval Notice and Birth Certificate as per the checklist by my lawyer. His fees was high so I filed couple of weeks back and got the Receipt Number from the back of my check.
Since this is not concurrent filing, i think the fees will increase on July 30th.
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morchu
05-04 02:44 PM
Going to the original question. The H1B doesnt get invalidated.
The rules and available interpretations and memos talks only about the condition to "grant the extension". No where it mentioned a condition to invalidate an already granted extension.
As per the Neufeld memo links below:
On page 4 of memo:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.
So if denied, there is no extension of H1B, the fact that 140 was approved is inconsequential since 140 approval is but one step in the process if 485 is denied then the whole application was denied and since the h1b extension is simply a stop gap till a final decision can be reached. The only recourse you have is to try and file a MTR with USCIS to reopen the 485.
See links below for more data
http://ac21portability.com/modules/wflinks/
see Neufeld memo specifically, they also have all other memos and guidelines.
The rules and available interpretations and memos talks only about the condition to "grant the extension". No where it mentioned a condition to invalidate an already granted extension.
As per the Neufeld memo links below:
On page 4 of memo:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.
So if denied, there is no extension of H1B, the fact that 140 was approved is inconsequential since 140 approval is but one step in the process if 485 is denied then the whole application was denied and since the h1b extension is simply a stop gap till a final decision can be reached. The only recourse you have is to try and file a MTR with USCIS to reopen the 485.
See links below for more data
http://ac21portability.com/modules/wflinks/
see Neufeld memo specifically, they also have all other memos and guidelines.
deepakjain
07-22 05:45 PM
Anyone who has H1B extension and AP and EAD ....it is better to have H1B stamped on passport and use the same to enter US....do not listen to others....
It is up to you if you entend to use H1B stamp or AP....the POE officer cannot force you to use AP or H1B stamp...carry all the documents with you.
THe best thing about getting H1B stamped is that in case of 485 rejection you can still be on H1B and file for reopening your case. Peace of mind is the key here
It is up to you if you entend to use H1B stamp or AP....the POE officer cannot force you to use AP or H1B stamp...carry all the documents with you.
THe best thing about getting H1B stamped is that in case of 485 rejection you can still be on H1B and file for reopening your case. Peace of mind is the key here
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Atmaram
07-16 02:42 PM
I called them this morning and IO told me that my file has been assigned to an officer. What does this mean? Can anyone tell me?
Thanks
Why yes! Didn't you get the memo?
What this means is that somebody at USCIS probably ran out of TP at home.
Thanks
Why yes! Didn't you get the memo?
What this means is that somebody at USCIS probably ran out of TP at home.
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jonty_11
11-17 10:21 AM
MY intention was not to make this India Specific, but to bring to light the lobbying effort....Although the Bill is not passed....it is silently being pushed. The Immigration reform and SKILL is being touted and shouted abt so much, that it becomes a scare for congressmen to even touch it, let alone pass it.
We have to work secretly more than ever..its important. and I hope IV is doing exactly that with Quinn and Gillespi
We have to work secretly more than ever..its important. and I hope IV is doing exactly that with Quinn and Gillespi
lecter
November 30th, 2008, 09:00 PM
Owen, enjoy! It's a nice beasty.
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msyedy
02-05 08:36 PM
1) I agree with all who are asking you to quit and get your H1-B transfered, but my concern is whether your H1-B is still valid or not as your I-140 has been revoked or is still in consideration.
You can search for a company and file for a transfer and can still stay with this company till you get an answer. You can hold multiple H1-B's at the same time.
2) Time taken for an H1-B approval varies, it all depends on your fate.
I would suggest that you give $1000 and get it premium and you would get an answer in two weeks.
3) Yes you can file Labor and I-140 again with the new employer before 2009 and can take extensions.
These are my suggestions, it would be better that you consult a good lawyer to be contended as the lawyer would be dealing with cases more like these then we.
You can search for a company and file for a transfer and can still stay with this company till you get an answer. You can hold multiple H1-B's at the same time.
2) Time taken for an H1-B approval varies, it all depends on your fate.
I would suggest that you give $1000 and get it premium and you would get an answer in two weeks.
3) Yes you can file Labor and I-140 again with the new employer before 2009 and can take extensions.
These are my suggestions, it would be better that you consult a good lawyer to be contended as the lawyer would be dealing with cases more like these then we.
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psnycgirl
11-06 09:24 PM
I got all the receipts and FP notice from VSC on 10/15. Everything was filed on 7/31 and sent to TSC. FP date was 10/30. Got EAD last week and they want ID again for AP. 485 has been trasnferred to TSC now.
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silvinhaphn
05-05 07:01 PM
Hey guys I got the mail today! I'm sooo happy!
Thanks everybody that replied!
Thanks everybody that replied!
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ImmigrationAnswerMan
07-19 01:09 AM
Yes, but if you file them both at the same time it gets complicated controlling which one will be the final status you end up in.
It is probably better to file for one, with premium processing, and then if it is denies, file for the other. But, that may not be an option if you are running out of time on your I-94.
It is probably better to file for one, with premium processing, and then if it is denies, file for the other. But, that may not be an option if you are running out of time on your I-94.
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immi_enthu
10-01 04:58 PM
I doubt that all the pending applicants in EB categories will be forced to re-apply in the new point based systems. That system might be for the new applicants, There might very well be a recapture for all the lost visa so far...to get thru the pending applications quickly so that the new point based system would be in place...I highly doubt that all the pending applicants will be forced to apply in the point based system...I would like to get input from others as well
Going by the fact about what happened to the labor certification cases filed before April 2005 (They were sent to BECs and most of them were stuck there till December 2007). But the labor certifications by the new PERM system where approved within weeks. I am afraid same would happen if the new point system comes into place while the old GCs will be stuck until several years.
Ofcourse most of them will apply again through the new system if this happens. In a way forced to apply again in the new system.
Going by the fact about what happened to the labor certification cases filed before April 2005 (They were sent to BECs and most of them were stuck there till December 2007). But the labor certifications by the new PERM system where approved within weeks. I am afraid same would happen if the new point system comes into place while the old GCs will be stuck until several years.
Ofcourse most of them will apply again through the new system if this happens. In a way forced to apply again in the new system.
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kvranand
01-22 07:26 PM
Thanks to IV. You are my heart beat. You are the only hope to build my successful future. God bless IV.
kvranand
kvranand
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morchu
05-13 09:50 AM
I have no question about that. The immigration intent was proven at the time he filed 140.
But intent is not something which stays forever.
In another way, even after filing 485 (or even after GC), staying outside of US for lengthier period of time itself is considered as an intention not to permanently stay in US, and can be used as a reason to revoke GC. So in a way USCIS interprets long absence from US as an intention of not immigrating (even if it is for a completely separate cause).
I know that one of my friends parents after getting GC, revoked them, and later wanted to visit their son and got approved for visitor visa.
I know it may not be easy, but all I am saying is "it is NOT a closed door". The argument should be "intent was there but not now". And it is on the applicant's shoulder to prove, "why not now".
"immigrant intent" is proven/shown when and if one files "immigrant petition"
But intent is not something which stays forever.
In another way, even after filing 485 (or even after GC), staying outside of US for lengthier period of time itself is considered as an intention not to permanently stay in US, and can be used as a reason to revoke GC. So in a way USCIS interprets long absence from US as an intention of not immigrating (even if it is for a completely separate cause).
I know that one of my friends parents after getting GC, revoked them, and later wanted to visit their son and got approved for visitor visa.
I know it may not be easy, but all I am saying is "it is NOT a closed door". The argument should be "intent was there but not now". And it is on the applicant's shoulder to prove, "why not now".
"immigrant intent" is proven/shown when and if one files "immigrant petition"
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krishmunn
10-18 04:51 PM
New York Real Estate License FAQs from New York real estate school online. (http://new-york.realestateschoolonline.com/FAQ.aspx)
so from this link and answer to question number 4, I take you can't even get a license to be a real estate agent in the state of NY, let alone someone sponsor your greencard. Sorry to be so brutal, but with a Master's degree I bet u can get a much better job than a real estate agent. Just my 2 cents.
4.Q: Can I get a New York real estate license if I am not a citizen of the USA or NY resident?
A: You must be either a US citizen or lawfully admitted alien, but you do NOT need to be a resident of New York.
Lawfully admitted alien include H1, L1 and all others. But I agree, it is probably not possible to get a GC or H1 being a real estate agent.
so from this link and answer to question number 4, I take you can't even get a license to be a real estate agent in the state of NY, let alone someone sponsor your greencard. Sorry to be so brutal, but with a Master's degree I bet u can get a much better job than a real estate agent. Just my 2 cents.
4.Q: Can I get a New York real estate license if I am not a citizen of the USA or NY resident?
A: You must be either a US citizen or lawfully admitted alien, but you do NOT need to be a resident of New York.
Lawfully admitted alien include H1, L1 and all others. But I agree, it is probably not possible to get a GC or H1 being a real estate agent.
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amsgc
01-22 09:57 PM
Now that you have your answer, let me ask you a question -
Are you going to write to the lawmakers/president today, or are you going to sleep for now and wake up a year later?
I hate to break this to you, but your sense of optimism needs a reality check.
Thanks you very much. Anyways it going to take atleast a year for these to go get over if at all. And if by any chance if its made current when both are done, wishful thinking but being optimistic is better than nothing.
Are you going to write to the lawmakers/president today, or are you going to sleep for now and wake up a year later?
I hate to break this to you, but your sense of optimism needs a reality check.
Thanks you very much. Anyways it going to take atleast a year for these to go get over if at all. And if by any chance if its made current when both are done, wishful thinking but being optimistic is better than nothing.
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GCNaseeb
10-30 06:04 PM
I may have to use it for work from January as I am invoking AC21. I am confused now whether to re-apply or just use it like as it is.
My attorney informed USCIS about the typo error when they received the AOS receipts , but it looks like EAD Card was ordered before USCIS was notified. My Advance Parole has also mis-spelled Lastname. I have USCIS letter confirming typo error attached to my case. Would this be a sufficient proof that my EAD has a different Lastname which is only a typo error?
Gurus please advise.
http://immigrationvoice.org/forum/showpost.php?p=190382&postcount=1
My attorney informed USCIS about the typo error when they received the AOS receipts , but it looks like EAD Card was ordered before USCIS was notified. My Advance Parole has also mis-spelled Lastname. I have USCIS letter confirming typo error attached to my case. Would this be a sufficient proof that my EAD has a different Lastname which is only a typo error?
Gurus please advise.
http://immigrationvoice.org/forum/showpost.php?p=190382&postcount=1
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rajuram
01-25 06:46 PM
The Senate and the house may be passing the tax refund bill soon (due to slowing economy). There is lot of pressure on the government to act soon.
Can we get them to attach atleast one of our provisions with these bills - the most important and non controversial being recapture of unused visa numbers.
Just a suggestion................I know there is no dearth of suggestions.
Can we get them to attach atleast one of our provisions with these bills - the most important and non controversial being recapture of unused visa numbers.
Just a suggestion................I know there is no dearth of suggestions.
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go_guy123
09-16 03:17 PM
I knew it was gonna happen, first it was horses, now its health....:(
"
<b>Health Care First Or Last</b>
Sen. Schumer, the Chair of the Senate Immigration Subcommittee, has cancelled his earlier Labor Day deadline for the first draft of the CIR bill. What is even more worrisome, he has not given any target date, and some speculate that his next target date is Easter 2010. If this is true, Mr. Schumer may as well declare that those waiting for immigration relief can forget it � for this Congress and for many more to come. "
Here is the link to the article: ILW.COM - immigration news: Immigration Daily September 17, 2009 (http://www.ilw.com/immigdaily/digest/2009,0917.shtm)
This is it....over to 2011(for suckers who still believe that it will be done in 2011). 2010 being an election year nothing this radioactive will be done.
"
<b>Health Care First Or Last</b>
Sen. Schumer, the Chair of the Senate Immigration Subcommittee, has cancelled his earlier Labor Day deadline for the first draft of the CIR bill. What is even more worrisome, he has not given any target date, and some speculate that his next target date is Easter 2010. If this is true, Mr. Schumer may as well declare that those waiting for immigration relief can forget it � for this Congress and for many more to come. "
Here is the link to the article: ILW.COM - immigration news: Immigration Daily September 17, 2009 (http://www.ilw.com/immigdaily/digest/2009,0917.shtm)
This is it....over to 2011(for suckers who still believe that it will be done in 2011). 2010 being an election year nothing this radioactive will be done.
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harrydr
01-26 07:10 AM
So does this mean that the dates haven't moved a bit for the month of March or we should wait until the 10th of february to get the visa bulletin for March??
northedman
02-21 01:23 AM
Hello I am on H1B visa, I am going to India, not to return to US, at least for 3 or 4 years. I wanted to know If my checking, savings account's in US Banks will be valid or not? If so until what period? When do my SSN will expire? I dont plant to open any new accounts, but I just want to keep my Bank accounts open, thats why. Please let me know.
Madhuri
08-30 08:04 PM
But if somebody wants to be in Canada for citizenship he has to stay there at least 3 years. After this period if he gets a fresh H1 for the same company and assuming that hsi PD is current, I am wondering if he can still file I-485 based on I-140 approved 3 years ago?
It is an interesting question i am also worried about. I was told by my company attorney that i need to file I-140 asap as USCIS is in process of changing how long you can wait with approved LC before filing I-140. Once you have I-140 approved, basically you can come back to the US on an H-1 to work for the company (you will need a new h-1, even if you have a 3 yr. extension based on approved I-140). Then if and when the priority dates become current you should be able to file for I-485
It is an interesting question i am also worried about. I was told by my company attorney that i need to file I-140 asap as USCIS is in process of changing how long you can wait with approved LC before filing I-140. Once you have I-140 approved, basically you can come back to the US on an H-1 to work for the company (you will need a new h-1, even if you have a 3 yr. extension based on approved I-140). Then if and when the priority dates become current you should be able to file for I-485
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