sbmallik
10-19 10:13 AM
Answers below:
1. Once the I-140 was approved on your behalf, you get to keep the priority date unless the petition is judged as fraud or misrepresentation (per this forum). This is true even if the employer revokes the approved I-140. Keep a copy of I-140 and you should be fine.
2. The job titile need not match exactly, only the category needs to be same (per your labor certification document) - please check out this link (http://www.flcdatacenter.com/OesWizardStart.aspx). Select your job category and locate the job code and make sure the new job has the 'similar' code.
3. Also, starting a new GC process is not linked with the existing I-140 in other words there is no temporal constraint.
4. Not heard about that.
1. Once the I-140 was approved on your behalf, you get to keep the priority date unless the petition is judged as fraud or misrepresentation (per this forum). This is true even if the employer revokes the approved I-140. Keep a copy of I-140 and you should be fine.
2. The job titile need not match exactly, only the category needs to be same (per your labor certification document) - please check out this link (http://www.flcdatacenter.com/OesWizardStart.aspx). Select your job category and locate the job code and make sure the new job has the 'similar' code.
3. Also, starting a new GC process is not linked with the existing I-140 in other words there is no temporal constraint.
4. Not heard about that.
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milind70
07-26 11:06 AM
Something does not sound right here. How can the employer "misplace" the upper portion of the approval notice? In the first place, why did he even separate the upper portion and the lower portion? He is supposed to give you the entire document as a single piece of paper.
Some thing really does not sound right here. By law, he is required to give you the approval notice.
I believe that Uppoer portion of the notice is to be retained by the mployer but they usually make a copy and give you the entire 797 for stamping ,technically they are not supposed to give you the upper portion.
Some thing really does not sound right here. By law, he is required to give you the approval notice.
I believe that Uppoer portion of the notice is to be retained by the mployer but they usually make a copy and give you the entire 797 for stamping ,technically they are not supposed to give you the upper portion.
Ann Ruben
06-30 07:38 PM
RFE means Request For Evidence. For an H-1 to be pending for more than 8 months without an RFE is a bit unusual.
Could you provide a brief chronology of your work history with exact dates so that I can get a clearer idea of whether USCIS is likely to find that you were/are out of legal status?
Could you provide a brief chronology of your work history with exact dates so that I can get a clearer idea of whether USCIS is likely to find that you were/are out of legal status?
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randomdude
04-21 09:31 AM
From the replies it looks like the H1 can indeed be applied for. The debatable issue is whether the H1 is valid for 3 more years or two....but thats not a pressing matter at this time...
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jungalee43
10-06 04:11 PM
Ombudsman helps in certain limited circumstances, particularly when an adverse decision by USCIS puts you in emergency situation. Following link should help determine when to contact them:-
DHS | CIS Ombudsman - Case Problems (http://www.dhs.gov/files/programs/editorial_0497.shtm)
DHS | CIS Ombudsman - Case Problems (http://www.dhs.gov/files/programs/editorial_0497.shtm)
eagerr2i
08-02 07:32 PM
do you remember the appointment time?
My wife and son's appointment time was 10.00 and 10.15 AM
My wife and son's appointment time was 10.00 and 10.15 AM
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rolrblade
07-26 09:30 AM
I 765 EAD Application document.
Yes, that was my mistake. I unwittingly put the form number for the AP. Sorry about that.
Yes, that was my mistake. I unwittingly put the form number for the AP. Sorry about that.
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lazycis
09-25 03:07 PM
Find another lawyer if you want to (or at this stage you can represent yourself easily) and file G-28 form. New G-28 will replace the old one and the info on file will be updated.
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arihant
03-26 04:17 PM
Who are the guys making more than 250K? Why are they stuck in retrogression?
I am assuming that if you are salaried employee and making more than 250K, you should be at executive level qualified for EB1 visa - which is current for all countries.
These folks are most likely doctors...doctors salaries are in that range.
I am assuming that if you are salaried employee and making more than 250K, you should be at executive level qualified for EB1 visa - which is current for all countries.
These folks are most likely doctors...doctors salaries are in that range.
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jsb
01-07 01:03 PM
The AP (which is a travel document) just allows you to enter the country (or like I mentioned before) to apply for permission to enter the US.
The I-94 determines your status and the date on the I-94 (and in the passport) is the date till which you are allowed to be in the US as a parolee. This is usually one year from the date you enter the US as a parolee. The assumption is that you get your GC before that one year is up - and it has worked histrorically - but we now know better, thanks to the July 2007 fiasco.
Think of this analogy - AP is like the H1B visa, based on which you fill out the I-94. The I-94 determines the validity of your status.
At some point you might have to get a new I-94 issued (not sure how; maybe local USCIS office can issue you one) if it happens that you don't travel internationally before that one year is up.
Once you have no valid H1 or L1, you technically are a foreigner without a visa. CBP, by law, can't admit anybody in without a visa, and hence the work-around of AP (which is an authorization to CBP to let you, a foreigner, in, in inspite of you not having a valid visa). One yr stamp by CBP is a workaround for another law for people who are admitted without a visa. Idea behind this is to determine what to do with you (person in the US without a visa) within that one year. AOS/EAD are other workarounds for managing govt inefficiency for those already in the country (but not for entry to the country). Complex maze of work-arounds !!
The I-94 determines your status and the date on the I-94 (and in the passport) is the date till which you are allowed to be in the US as a parolee. This is usually one year from the date you enter the US as a parolee. The assumption is that you get your GC before that one year is up - and it has worked histrorically - but we now know better, thanks to the July 2007 fiasco.
Think of this analogy - AP is like the H1B visa, based on which you fill out the I-94. The I-94 determines the validity of your status.
At some point you might have to get a new I-94 issued (not sure how; maybe local USCIS office can issue you one) if it happens that you don't travel internationally before that one year is up.
Once you have no valid H1 or L1, you technically are a foreigner without a visa. CBP, by law, can't admit anybody in without a visa, and hence the work-around of AP (which is an authorization to CBP to let you, a foreigner, in, in inspite of you not having a valid visa). One yr stamp by CBP is a workaround for another law for people who are admitted without a visa. Idea behind this is to determine what to do with you (person in the US without a visa) within that one year. AOS/EAD are other workarounds for managing govt inefficiency for those already in the country (but not for entry to the country). Complex maze of work-arounds !!
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Siddharta
01-11 04:02 AM
Things r getting bad in the US...I'd suggest better move to Canada now and start a business if u have saved enough to start one. Wait for citizenship and come back later on a TN Visa which is valid forever (barring the pain of yearly extensions u shudn't have any other issue).
In the US u cud lose ur job anytime however stable it might look like now. Else what was the point in applying for Canadian PR and all the pains u took???
It would be hard to find a similar paying job in canada. Is there some kind of legal issue I would be in if I dont migrate to canada? Will I be barred from ever entering that country again?
In the US u cud lose ur job anytime however stable it might look like now. Else what was the point in applying for Canadian PR and all the pains u took???
It would be hard to find a similar paying job in canada. Is there some kind of legal issue I would be in if I dont migrate to canada? Will I be barred from ever entering that country again?
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ngopikrishnan
04-04 09:37 PM
Read this thread: http://immigrationvoice.org/forum/showthread.php?t=16773
FYI, my 8th thru 10th year H1B extension approval had the A# from I-140, not the one from I-485.
FYI, my 8th thru 10th year H1B extension approval had the A# from I-140, not the one from I-485.
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s416504
02-04 03:48 PM
You should contact your lawyer & ask USCIS to amend your H1 for 3 years instead of 1 year. One time My H1B got approved but USCIS forgot to add up vacation time then My Lawyer contacted USCIS officer to amed that time. Later got new H1B approval with correct date.
I think that will give clear idea if USCIS not finding you I140?
My concern is during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140.
I have put all my WAC/SRC numbers on USCIS website, I could see the LUD date changed against all files except for I-140. which apparently have a different A#.
I m worried, if USCIS would come up sometime in future n say they dont see my I-140 file.
its the same co. which filed my I-140 & I-485.
I think that will give clear idea if USCIS not finding you I140?
My concern is during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140.
I have put all my WAC/SRC numbers on USCIS website, I could see the LUD date changed against all files except for I-140. which apparently have a different A#.
I m worried, if USCIS would come up sometime in future n say they dont see my I-140 file.
its the same co. which filed my I-140 & I-485.
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pappu
01-28 05:46 AM
Excellent proactive attitude......This is what we need....
I would like to make the following pledge...
For anyone who gets one friend to sign-up for a $20 monthly recurring contribution, I will make a one-time contribution of $50 per recurring contribution upto $1000.
Anyone ready to take up my pledge?
Thank you for your pledge.
I am sure our members will take it up as a challenge and help you complete your pledge.
I would like to make the following pledge...
For anyone who gets one friend to sign-up for a $20 monthly recurring contribution, I will make a one-time contribution of $50 per recurring contribution upto $1000.
Anyone ready to take up my pledge?
Thank you for your pledge.
I am sure our members will take it up as a challenge and help you complete your pledge.
more...
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jsb
01-08 10:03 AM
Effective June 2007, any agreement relating to recovering immigration fees from employees, or asking them to work for specific period after getting GC, are illegal. You can find details on the following link.
http://www.lanepowell.com/pdf/pubs/ih_2007_002.pdf
http://www.lanepowell.com/pdf/pubs/ih_2007_002.pdf
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anai
06-20 08:48 AM
When I saw the title of the thread, I first thought Dan Quayle is posting on immigration voice.
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kc_p21
06-15 09:43 PM
Hello :
My EAD expires on July 28, 2010. I have sent the application today with request to expedite with employer letter.
If I don't receive my new EAD card by July 28, 2010, then
1) Will/Should I stop working?
2) If I do stop working, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
3) If I continue to work, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
4) Can I continue to work/remain IN-STATUS as long as my EAD application shows "Approved" on USCIS website but I don't have the physical card with me?
Any response to these questions will be highly appreciated.
Thanks!
My EAD expires on July 28, 2010. I have sent the application today with request to expedite with employer letter.
If I don't receive my new EAD card by July 28, 2010, then
1) Will/Should I stop working?
2) If I do stop working, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
3) If I continue to work, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
4) Can I continue to work/remain IN-STATUS as long as my EAD application shows "Approved" on USCIS website but I don't have the physical card with me?
Any response to these questions will be highly appreciated.
Thanks!
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arkrish68
04-09 02:55 PM
Hi
Does any know how much time it takes to get the AP by mail when it is mailed on 04/03/2009 as per online status.
Thanks
Does any know how much time it takes to get the AP by mail when it is mailed on 04/03/2009 as per online status.
Thanks
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BMS1
09-25 01:10 PM
"july 12 2007" will be the important date. It will be there as an USCIS stamp in the App. You can re-submit this app in Oct 2007 even if there is no visa available for your PD in Oct, 2007. It will be treated as if it was received on "july 12 2007".
senthil1
12-02 11:00 PM
If you are independent contractor you can take some allowed expenses. If you are salaried employee you need to show loss for getting some benefit. Generally if you show loss for 3 years continously then IRS mostly deny on third year. In any case if you take too much expense you are inviting audit and that is going to be nightmare. I do not think it is a good idea to start a company just for expenses unless you are going to do business. Atleast you should be doing independent contracting(corp to Corp).
o lord labaku... in this case, i am talking to those of us who have started up a company in recent times and are looking forward to offsetting their incomes by the company expenses and hence save on taxes...
o lord labaku... in this case, i am talking to those of us who have started up a company in recent times and are looking forward to offsetting their incomes by the company expenses and hence save on taxes...
ajay_hyd
01-25 08:54 AM
Is it a bad idea to ask for help from the indian government, there are ministers like "Minister for Overseas Indian Affairs - Vayalar Ravi" who is supposed to look into issues we are having here, even if contacting them doesn't help, it atleast will not hurt us. i think there are few good ministers in there who can understand our problems, they may not help us with $$ but may be able to help us with their lobbying groups.
i think "Ronen Sen - India's ambassador to USA" is another person who will be sympathetic to our cause.
i think "Ronen Sen - India's ambassador to USA" is another person who will be sympathetic to our cause.
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